It'Sugar LLC v. I Love Sugar Inc et al
| It'Sugar LLC |
| I Love Sugar Inc, M Coy Group LLC, The and Blu Sol Design LLC |
| 4:2013cv01644 |
| June 17, 2013 |
| US District Court for the District of South Carolina |
| Florence Office |
| Horry |
| R Bryan Harwell |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on July 21, 2014. A more recent docket listing may be available from PACER.
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| Filing 107 USCA MANDATE and Order as to #86 Notice of Interlocutory Appeal filed by It'Sugar LLC. (Attachments: #1 Order) (hcic, ) |
| Filing 106 Report on the Filing or Determination of an Action or Appeal Regarding a Patent or Trademark. (hcic, ) |
Filing 105
ORDER OF DISMISSAL. Signed by the Honorable R Bryan Harwell on 7/15/2014. (hcic, )
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| Filing 104 STIPULATION of Dismissal With Prejudice by I Love Sugar Inc, It'Sugar LLC, M Coy Group LLC, The. (Foster, John) (Main Document 104 replaced on 7/15/2014 with corrected document provided by filer) (hcic, ). |
| Filing 102 TEXT ORDER granting #101 Motion to Stay. The proceedings in this action shall be STAYED until August 16, 2014. Signed by the Honorable R. Bryan Harwell on 6/17/2014.(wtin, ) |
| Filing 101 Joint MOTION to Stay by It'Sugar LLC, I Love Sugar Inc. Response to Motion due by 7/3/2014. No proposed order.(Foster, John) Modified on 6/17/2014 to add filer listed on document (hcic, ). |
| Filing 98 TEXT ORDER granting in part and denying in part #97 Joint Motion to Stay the Proceedings. The proceedings in this action shall be STAYED until June 16, 2014. Signed by the Honorable R. Bryan Harwell on 2/19/2014.(wtin, ) |
| Filing 97 Joint MOTION to Stay the Proceedings by It'Sugar LLC, I Love Sugar Inc. Response to Motion due by 3/10/2014. No proposed order.(Foster, John) Modified on 2/19/2014 to add filer listed on document (hcic, ). |
| Filing 96 TEXT ORDER granting #94 Motion for Extension of Time. Signed by the Honorable R Bryan Harwell on 2/3/2014.(hcic, ) |
| Filing 95 CONSENT AMENDED SCHEDULING ORDER. Plaintiffs ID of Expert Witness due by 2/7/2014, Defendants ID of Expert Witnesses Due by 3/7/2014, Records Custodian Affidavit due by 3/7/2014, Discovery due by 5/5/2014, Motions due by 5/20/2014, Rule 26(a)(3) Disclosures due by 8/4/2014, Jury Selection Deadline 9/12/2014, ADR Statement due by 6/21/2014, Mediation Due by 7/21/2014. Motions in limine must be filed at least three weeks prior to the date set for jury selection. Responses to motions in limine shall be filed within seven (7) days after the motion is filed. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by the Honorable R Bryan Harwell on 2/3/2014. (hcic, ) |
| Filing 94 Joint MOTION for Extension of Time to Extend Case Schedule by I Love Sugar Inc, It'Sugar LLC. Response to Motion due by 2/18/2014. Proposed order is being emailed to chambers with copy to opposing counsel.(Foster, John) |
| Filing 93 TEXT ORDER granting #91 Motion for Extension of Time Signed by Honorable R Bryan Harwell on 12/30/2013.(prou, ) |
| Filing 92 SECOND CONSENT AMENDED SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 1/31/2014, Defendants ID of Expert Witnesses Due by 2/28/2014, Records Custodian Affidavit due by 2/28/2014, Discovery due by 4/28/2014, Motion in Limine must be filed at least three weeks prior to 9/5/2014, Motions due by 5/13/2014, Rule 26(a)(3) Disclosures due by 7/28/2014, Jury Selection Deadline 9/5/2014, Mediation Due by 7/14/2014. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by Honorable R Bryan Harwell on 12/30/2013. (prou, ) |
| Filing 91 Joint MOTION for Extension of Time to Extend Case Schedule by It'Sugar LLC, I Love Sugar Inc. Response to Motion due by 1/13/2014. No proposed order.(Foster, John) Modified on 12/30/2013 to add filer listed on document (prou, ). |
| Filing 90 Clerk's ENTRY OF DEFAULT as to Blu Sol Design LLC. (hcic) |
| Filing 89 REQUEST FOR ENTRY OF DEFAULT Against Blu Sol byIt'Sugar LLC. (Attachments: #1 Declaration of Jared Welsh in Support of Plaintiff's Request for Entry of Default Against Blu Sol)(Foster, John) |
| Filing 87 Transmittal Sheet for Notice of Appeal to USCA re #86 Notice of Interlocutory Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (hcic) |
| Filing 86 NOTICE OF INTERLOCUTORY APPEAL as to #85 Order on Motion for Preliminary Injunction by It'Sugar LLC. Filing fee $ 455, receipt number 0420-5051418. The Docketing Statement form, Transcript Order form, and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Foster, John) |
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Filing 85
ORDER denying #8 Motion for Preliminary Injunction. Signed by the Honorable R Bryan Harwell on 11/19/2013. (hcic)
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| Filing 84 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by M Coy Group LLC, The.(King, Robert) |
| Filing 83 Local Rule 26.01 Answers to Interrogatories by M Coy Group LLC, The.(King, Robert) |
| Filing 82 ANSWER to #1 Complaint,,,,,,, by M Coy Group LLC, The.(King, Robert) |
| Filing 81 LETTER EXTENDING TIME TO ANSWER M Coy Group LLC, The answer due 11/18/2013. (Foster, John) |
| Filing 80 ACCEPTANCE OF SERVICE OF COMPLAINT by It'Sugar LLC. M Coy Group LLC, The served on 10/14/2013, answer due 11/4/2013. (Foster, John) |
| Filing 79 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Preliminary injunction hearing held on September 30, 2013, before Judge R. Bryan Harwell. Court Reporter/Transcriber Mary Schweinhagen, Telephone number/E-mail 843-615-3224/mary_schweinhagen@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/13/2013. Redacted Transcript Deadline set for 11/25/2013. Release of Transcript Restriction set for 1/21/2014. (msch, ) |
| Filing 78 SUMMONS Returned Executed by It'Sugar LLC. Blu Sol Design LLC served on 10/14/2013, answer due 11/4/2013. (Foster, John) (Main Document 78 replaced on 10/16/2013 with corrected document provided by filer) (hcic, ). |
| Filing 77 SUPPLEMENT by It'Sugar LLC to #8 MOTION for Preliminary Injunction . (Attachments: #1 Exhibit A - Declaration of Chelsey Culp, #2 Exhibit B - Second Declaration of Stephen Quigley, #3 Exhibit C - Declaration of Jared Welsh)(Foster, John) |
| Filing 76 RESPONSE to Discovery Request by I Love Sugar Inc. (Attachments: #1 Exhibit Plaintiff's Supplemental Response to Defendant I Love Sugar's First Set of Requests for Admissions)(Simmons, John) |
| Filing 75 Minute Entry. Proceedings held before Honorable R Bryan Harwell: Motion Hearing held on 9/30/2013; John Foster, Douglas Miro and Charles Henn, Jr., present for plaintiff; John Simmons, Mark Rosenberg and Philip Braginsky present for defendant; taking under advisement #8 Motion for Preliminary Injunction; terminating(Resolved) #70 Motion to Compel; counsel to submit proposed orders to Court by 10/4/13. Court Reporter: Mary Schweinhagen.(mcam) |
| Filing 74 Letter from Defendant I Love Sugar, Inc. in Response to Recusal Inquiry. (Simmons, John) |
| Filing 73 Letter from Counsel in Response to Recusal Inquiry. (Foster, John) |
| Filing 72 Minute Entry. Proceedings held before Honorable R Bryan Harwell: Telephone Conference(In Chambers) held on 9/26/2013; Counsel via phone: John Foster, Doug Miro, Charles Henn,Jr., John Simmons, Mark Rosenberg and Phillip Braginsky; Court advised counsel of possible conflict, counsel to file response by 12:00 9/27/13 advising Court if they wish him to recuse himself and if there are any objections to William Tinkler, Law Clerk, working on this case. Counsel to advise Court of status of #70 Motion to Compel at 9/30/13 hearing. Court Reporter: Mary Schweinhagen. (mcam) |
| Filing 71 NOTICE of Telephone Conference: Telephone conference set for 9/26/2013 at 11:30 AM before the Honorable R Bryan Harwell. All counsel should be on the line before calling Chambers at 843-676-3800. (hcic) Modified on 9/26/2013 to edit text (hcic, ). |
| Filing 70 MOTION to Compel by I Love Sugar Inc. Response to Motion due by 10/15/2013. (Attachments: #1 Exhibit A - copy of Requests for Admissions, #2 Exhibit B - Plaintiff's responses to requests for admissions, #3 Exhibit C - September 17, 2013 letter)No proposed order.(Simmons, John) |
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Filing 68
ORDER FOR SUBSTITUTION OF COUNSEL. Signed by the Honorable R Bryan Harwell on 9/25/2013. (hcic)
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| Filing 67 MOTION to Substitute Attorney by I Love Sugar Inc. Response to Motion due by 10/11/2013. Proposed order is being emailed to chambers with copy to opposing counsel.(Simmons, John) |
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Filing 65
ORDER granting #64 Motion to Appear Pro Hac Vice for Philip Y. Braginsky. Signed by the Honorable R Bryan Harwell on 9/18/2013. (hcic, ) Modified on 9/19/2013 to modify filing date (hcic, ).
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| Filing 64 MOTION to Appear Pro Hac Vice by Philip Y. Braginsky ( Filing fee $ 250 receipt number 0420-4937095) by I Love Sugar Inc. Response to Motion due by 10/3/2013. (Attachments: #1 Addendum Application and Certificate in Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Stover, Jeffrey) (Additional attachment(s) added on 9/17/2013: #2 NY Supreme Court Certificate of Good Standing) (hcic, ). |
| Filing 63 CONSENT AMENDED SCHEDULING ORDER. Motions to Amend Pleadings due by 10/30/2013, Plaintiffs ID of Expert Witness due by 1/1/2014, Defendants ID of Expert Witnesses Due by 1/29/2014, Records Custodian Affidavit due by 1/29/2014, Discovery due by 3/29/2014, Motions due by 4/13/2014, Rule 26(a)(3) Disclosures due by 6/27/2014, Jury Selection Deadline 8/6/2014, ADR Statement due by 5/13/2014, Mediation Due by 6/12/2014. Motions in limine must be filed at least three weeks prior to the date set for jury selection. Responses to motions in limine shall be filed within seven (7) days after the motion is filed. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by the Honorable R Bryan Harwell on 9/6/2013. (hcic, ) |
| Filing 62 Joint Local Rule 26.03 Answers to Interrogatories by I Love Sugar Inc, It'Sugar LLC.(Foster, John) (Main Document 62 replaced on 9/5/2013 with corrected document provided by filer) (hcic, ). |
| Filing 61 Joint Rule 26(f) Report by I Love Sugar Inc, It'Sugar LLC.(Foster, John) (Main Document 61 replaced on 9/5/2013 with corrected document as provided by filer) (hcic, ). |
| Filing 60 TEXT ORDER granting #56 Motion to Appear Pro Hac Vice for Debra B Berstein. Signed by the Honorable R Bryan Harwell on 9/3/2013. (hcic, ) |
| Filing 59 NOTICE of Hearing on #8 MOTION for Preliminary Injunction: Motion Hearing set for 9/30/2013 at 9:30 AM in Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before the Honorable R Bryan Harwell. (hcic, ) |
| Filing 57 ANSWER to Counterclaim #51 by It'Sugar LLC.(Foster, John) |
| Filing 56 MOTION to Appear Pro Hac Vice by Debra Bodian Bernstein ( Filing fee $ 250 receipt number 0420-4884067) by I Love Sugar Inc. Response to Motion due by 9/3/2013. (Attachments: #1 Affidavit Application to Appear Pro Hac Vice, #2 Supporting Documents Certificate in Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Stover, Jeffrey) (Additional attachment(s) added on 9/3/2013: #3 NY Supreme Court Certificate of Good Standing) (hcic, ). |
| Filing 55 TEXT ORDER granting #53 Motion for Confidentiality Order. Signed by The Honorable R Bryan Harwell on 8/9/2013. (hcic, ) |
| Filing 54 CONSENT CONFIDENTIALITY ORDER. Signed by The Honorable R Bryan Harwell on 8/9/2013. (hcic, ) |
| Filing 53 Consent MOTION for Confidentiality Order by I Love Sugar Inc, It'Sugar LLC. Response to Motion due by 8/26/2013. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Stover, Jeffrey) |
| Filing 52 CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 8/21/2013, 26(a) Initial Disclosures due by 9/4/2013, Rule 26 Report due by 9/4/2013, Motions to Amend Pleadings due by 10/30/2013, Plaintiffs ID of Expert Witness due by 12/2/2013, Defendants ID of Expert Witnesses Due by 12/30/2013, Records Custodian Affidavit due by 12/30/2013, Discovery due by 2/27/2014, Motions due by 3/14/2014, Rule 26(a)(3) Disclosures due by 5/28/2014, Jury Selection Deadline 7/7/2014, ADR Statement due by 4/13/2014, Mediation Due by 5/13/2014. Motions in limine must be filed at least three weeks prior to the date set for jury selection. Responses to motions in limine shall be filed within seven (7) days after the motion is filed. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by The Honorable R Bryan Harwell on 8/1/2013. (hcic, ) |
| Filing 51 ANSWER to #1 Complaint,,,,,,, , COUNTERCLAIM against All Plaintiffs by I Love Sugar Inc.(Stover, Jeffrey) |
| Filing 50 TEXT ORDER granting Motion for Leave to File Sur-Reply by I Love Sugar Inc. #49 . The Court will consider the sur-reply attached as an exhibit to Defendant's Motion. No further filing is necessary. IT IS SO ORDERED. Signed by the Honorable R. Bryan Harwell on 7/31/2013.(dsho, ) |
| Filing 49 MOTION for Leave to File Sur-Reply by I Love Sugar Inc. Response to Motion due by 8/15/2013. (Attachments: #1 Exhibit 1 - Sur-Reply)No proposed order.(Stover, Jeffrey) |
| Filing 48 Additional Attachments to Main Document #47 Reply to Response to Motion,,,,. First attachment description: Appendix of Unreported Cases . (Foster, John) |
| Filing 47 REPLY to Response to Motion re #8 MOTION for Preliminary Injunction Response filed by It'Sugar LLC. (Attachments: #1 Exhibit 1 to Reply - Second Declaration of Jeffrey Rubin, #2 Exhibit A to Second Declaration of Jeffrey Rubin - List of Stores, #3 Exhibit B part 1 to Second Declaration of Jeffrey Rubin - Photos of 38 Stores, #4 Exhibit B part 2 to Second Declaration of Jeffrey Rubin - Photos of 38 Stores, #5 Exhibit B part 3 toSecond Declaration of Jeffrey Rubin - Photos of 38 Stores, #6 Exhibit B part 4 to Second Declaration of Jeffrey Rubin - Photos of 38 Stores, #7 Exhibit C to Second Declaration of Jeffrey Rubin - IT'SUGAR Website re Explore Our Brands, #8 Exhibit D to Second Declaration of Jeffrey Rubin - Articles, #9 Exhibit E to Second Declaration of Jeffrey Rubin - FAO Schwarz and IT'SUGAR bag, #10 Exhibit 2 to Reply - Supplemental Declaration of Nichole Sheehan, #11 Exhibit 3 to Reply - Second Declaration of Tina Goldkind)(Foster, John) See #48 for additional attachment (hcic, ). |
| Filing 46 Additional Attachments to Main Document #38 Response in Opposition to Motion,. First attachment description: Exhibit 2 - Amended Declaration of Mark Rosenberg . (Attachments: #1 Exhibit 25.3 Additional Photograph, #2 Exhibit 28 Photographs)(Stover, Jeffrey) |
| Filing 44 AFFIDAVIT in Opposition re #8 MOTION for Preliminary Injunction Exhibit 8 Skiff Declaration Response filed by I Love Sugar Inc. (Attachments: #1 Sugar3 Certificate of Registration, #2 SugarSugar Cert of Reg, #3 I Candy Sugar Rush Cert of Reg, #4 Sugar Happens Cert of Reg, #5 Sugar Factory Cert of Reg, #6 Sugar Heaven Cert of Reg, #7 Sugar Posh Cert of Reg, #8 Sugar Mountain Cert of Reg, #9 Lola's Sugar Rush Cert of Reg, #10 USPTO Sugar & Plumm, #11 Hey Sugar Candy Store peddles Nib Chocolates, #12 icandysugarshoppe, #13 yelp.com for Shugar Shack Chocolatier, #14 Sugar Mama's Candy, #15 Sugar Mountain, #16 Sugar Sugar Candy, #17 SugarPop's Candy, #18 friendlycenter.com for Sugar Shack, #19 inmenlo.com for Sugar Shack)(Stover, Jeffrey) Modified on 7/26/2013 to add descriptive names to exhibits as provided by filer (hcic, ). |
| Filing 43 AFFIDAVIT in Opposition re #8 MOTION for Preliminary Injunction Exhibit 3 Cohen Declaration Response filed by I Love Sugar Inc. (Attachments: #1 Photos of It'Sugar at Noho, Upper West Side, Madam Tussauds, NY NYA, #2 Photos of Candyland and Wonka sections of Toys R Us, NY NY , #3 Photo of Candyland and Wonka lollypop display at Toys R Us, NY NY, #4 Photos of FAO Schwarz, FAO Schweetz, #5 Photos of Dylan's Candy Bar, NY NY, #6 Photos of M&M Store, NY NY, #7 Photos of Hershey's Store, NY NY, #8 Photos of Express, JC Penney, Aeropostale, Levi's in Herald Square, NY NY)(Stover, Jeffrey) Modified on 7/26/2013 to add descriptive names to exhibits as provided by filer (hcic, ). |
| Filing 42 AFFIDAVIT in Opposition re #8 MOTION for Preliminary Injunction Exhibit 2 Rosenberg Declaration Exs 25 to 27 Response filed by I Love Sugar Inc. (Attachments: #1 Photos of multiple It'Sugar stores, #2 Photos of multiple It'Sugar stores, part 2, #3 Photos of multiple It'Sugar stores, part 3, #4 Photos of It'Sugar stores before and after, #5 Photos of It'Sugar Myrtle Beach before and after, #6 Photos of It'Sugar Myrtle Beach before and after, part 2)(Stover, Jeffrey) Modified on 7/26/2013 to add descriptive names to exhibits as provided by filer (hcic, ). |
| Filing 41 AFFIDAVIT in Opposition re #8 MOTION for Preliminary Injunction Exhibit 1 Rosenberg Declaration Exs 15 to 24 Response filed by I Love Sugar Inc. (Attachments: #1 "Locations" Sugar Heaven, #2 Sugar Sugar, #3 Photo Sugar Sugar, #4 Winona Solutions + Light, #5 Photos of It'Sugar at 685 Broadway, NY, #6 Photo of It'Sugar at Macy's Herald Square, #7 Photos of Vic.Secret Pink, Pot. Barn, Crabtree, at Westchester Mall, NY, #8 Photo of Gap in Mount Kisco, NY, #9 Photos of Delia's, Abercrombie, Splendid, North Face at Westchester Mall, #10 Photo of I Love Sugar at Fisherman's Wharf, San. Fran.)(Stover, Jeffrey) Modified on 7/26/2013 to add descriptive names to exhibits as provided by filer (hcic, ). |
| Filing 40 AFFIDAVIT in Opposition re #8 MOTION for Preliminary Injunction Exhibit 2 Rosenberg Declaration Exs 1 to 14 Response filed by I Love Sugar Inc. (Attachments: #1 Article Candy Colored Dreams, #2 Article The Sweet Spot, #3 Article Eye Candy, #4 Article Sugar Rush, #5 Article Edible Design, #6 jnewbold.com, #7 Advertisement Sweeeeet!, #8 Article What to Chew on at Sugar Shop, #9 Dylan's Candy Bar, #10 "stores" Sugar Factory, #11 Oyster.com MGM Grand, #12 Katie's Candy Company, #13 Newbury Street, #14First Look at Sugar Heaven )(Stover, Jeffrey) Modified on 7/26/2013 to add descriptive names to exhibits as provided by filer (hcic, ). |
| Filing 39 AFFIDAVIT in Opposition re #8 MOTION for Preliminary Injunction Exhibit 1 Oaknin Declaration Response filed by I Love Sugar Inc. (Attachments: #1 Photo of iCandy fixture, #2 Photo of M&M's display fixture, #3 Three pre-renovation pics of It'Sugar, #4 10/13/12 Roberts Email, #5 10/22/11 Goldkind Email, #6 Thirteen pics of I Love Sugar)(Stover, Jeffrey) Modified on 7/26/2013 to add descriptive names to exhibits as provided by filer (hcic, ). |
| Filing 38 RESPONSE in Opposition re #8 MOTION for Preliminary Injunction Response filed by I Love Sugar Inc.Reply to Response to Motion due by 8/5/2013 (Attachments: #1 Braginsky Declaration, photos of It'Sugar in Coney Island, #2 AWalsh Declaration, Photos of It'Sugar in Atlantic City, #3 Stover Declaration, #4 Ezra Declaration, photos of It'Sugar in Venetian Hotel, LV, and Paris Hotel, #5 Bernstein Declaration, photos of Sugar & Plumm on Amsterdam Ave, NY)(Stover, Jeffrey) Modified on 7/26/2013 to add descriptive names to exhibits as provided by filer (hcic, ). See #39 through #44 , and #46 for additional attachments (hcic, ). |
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Filing 36
ORDER granting #33 Motion to Appear Pro Hac Vice for Mark Jon Rosenberg. Signed by The Honorable R Bryan Harwell on 7/12/213.(hcic, )
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| Filing 34 TEXT ORDER granting in part and denying in part Defendants' Motion for Expedited Discovery #23 . The Court has thoroughly reviewed the filings by the parties, as well as the applicable law governing this issue. The Court finds that Defendants have shown good cause for some limited discovery. Specifically, this is a trade dress case and some additional discovery may be necessary so that this Court can rule on Plaintiff's Motion for a Preliminary Injunction. See JTH Tax, Inc. v. M & M Income Tax Serv., Inc., No. 6:13-cv-00265-GRA, 2013 WL 460316, at *2 (D.S.C. Feb. 6, 2013) (finding good cause for limited, expedited discovery); Humphrey v. Sallie Mae, Inc., No. 3:10-cv-01505-JFA, 2010 WL 2522743, at *1 (D.S.C. June 17, 2010) (same). The Court will thus allow limited discovery consisting of the production of certain contracts, photographs, and design plans. The Court also notes that Plaintiff indicated in its Response in Opposition that it could produce such information within a 48-hour window.IT IS THEREFORE ORDERED that Defendants' Motion for Expedited Discovery #23 is granted in part and denied in part. Specifically, Defendants' request to depose Jeff Rubin is DENIED, but Plaintiff shall produce the following to Defendants by noon on July 17, 2013:1.photographs or design plans showing the interior layout and fixtures for Plaintiff's Myrtle Beach store, as well as ten of Plaintiff's stores to be chosen by Defendants, including any photographs or design plans that would show changes to the store designs and photographs of the exterior signage for these stores;2.contracts regarding and photographs of the use of Plaintiff's "trade dress" in connection with third party trademarks; and 3.contracts between Plaintiff and the designers of Plaintiff's stores and the fixtures used in those stores identified in Paragraphs 23-25 of Mr. Rubin's declaration.IT IS FURTHER ORDERED that Defendants shall file their Response to Plaintiff's Motion for Preliminary Injunction no later than July 24, 2013. If Plaintiff wishes to file a Reply, it shall do so no later than July 26, 2013. After reviewing these filings the Court will determine when it wishes to hold a hearing in this matter.IT IS SO ORDERED. Signed by The Honorable R Bryan Harwell on 7/12/2013. (hcic, ) |
| Filing 33 MOTION to Appear Pro Hac Vice by Mark Jon Rosenberg ( Filing fee $ 250 receipt number 0420-4821606) by I Love Sugar Inc. Response to Motion due by 7/29/2013. (Attachments: #1 Supporting Documents Application for Admission Pro Hac Vice, #2 Supporting Documents Certificate in Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Stover, Jeffrey) |
| Filing 31 REPLY to Response to Motion re #23 MOTION to Expedite Discovery Response filed by I Love Sugar Inc. (Stover, Jeffrey) |
| Filing 30 RESPONSE in Opposition re #23 MOTION to Expedite Discovery Response filed by It'Sugar LLC.Reply to Response to Motion due by 7/22/2013 (Attachments: #1 Appendix of Unreported Cases)(Foster, John) |
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Filing 29
ORDER granting #26 Motion to Appear Pro Hac Vice for Stephen J Quigley. Signed by The Honorable R Bryan Harwell on 7/10/2013.(hcic, )
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Filing 28
ORDER granting #25 Motion to Appear Pro Hac Vice for Douglas Alan Miro. Signed by The Honorable R Bryan Harwell on 7/10/2013.(hcic, )
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| Filing 27 TEXT ORDER shortening deadline for response to #23 Defendant I Love Sugar, Inc.'s Motion for Expedited Discovery. Response is due Thursday, July 11, 2013. Signed by Honorable R Bryan Harwell on 7/9/13. (mwel, ) |
| Filing 26 MOTION to Appear Pro Hac Vice by Stephen J. Quigley ( Filing fee $ 250 receipt number 0420-4812830) by It'Sugar LLC. Response to Motion due by 7/25/2013. (Attachments: #1 Affidavit for Pro Hac Vice Application, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Foster, John) |
| Filing 25 MOTION to Appear Pro Hac Vice by Douglas Alan Miro ( Filing fee $ 250 receipt number 0420-4812795) by It'Sugar LLC. Response to Motion due by 7/25/2013. (Attachments: #1 Affidavit for Pro Hac Vice Admission, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Foster, John) |
| Filing 24 DELETION OF DOCKET ENTRY NUMBER 21. Reason: Filing attorney's office called. They had meant to use a different motion relief when filing the motion. They refiled the motion as #23 . Modified filing date to that of original filing: 7/3/2013. Response due date modified to that of original filing: 7/22/2013. (hcic, ) |
| Filing 23 MOTION to Expedite Discovery by I Love Sugar Inc. Response to Motion due by 7/22/2013. (Attachments: #1 Exhibit A - Declaration of Mark Rosenberg, #2 Exhibit 1 to Declaration - Email)No proposed order.(Stover, Jeffrey) Modified on 7/8/2013 to modify filing date and response due date to that of original filing (hcic, ). |
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Filing 20
ORDER granting #15 Motion to Appear Pro Hac Vice for R. Charles Henn, Jr. Signed by Honorable R Bryan Harwell on 7/3/2013.(hcic, )
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| Filing 18 TEXT ORDER granting in part and denying in part #16 Motion for Extension of Time to File Response. Defendant I Love Sugar Inc. has shown good cause for an extension to file a response to Plaintiff It'Sugar LLC's motion for a preliminary injunction; however, in light of Plaintiff's response to Defendant's motion, the Court finds an eleven-day extension is appropriate. Accordingly, Defendant's motion is GRANTED IN PART and DENIED IN PART. Its response shall be filed by FRIDAY, JULY 19, 2013. Signed by the Honorable R. Bryan Harwell on 7/3/2013.(wtin, ) |
| Filing 17 RESPONSE in Opposition re #16 First MOTION for Extension of Time to File Response/Reply as to #8 MOTION for Preliminary Injunction Response filed by It'Sugar LLC.Reply to Response to Motion due by 7/15/2013 (Attachments: #1 Declaration of Nicole Sheehan, #2 Declaration of R. Charles Henn Jr. In Opposition to Defendant's Motion for Enlargement of Time)(Foster, John) |
| Filing 16 First MOTION for Extension of Time to File Response/Reply as to #8 MOTION for Preliminary Injunction by I Love Sugar Inc. Response to Motion due by 7/19/2013. (Attachments: #1 Exhibit Affidavit of Jeffrey T. Stover)No proposed order.(Stover, Jeffrey) |
| Filing 15 MOTION to Appear Pro Hac Vice by R. Charles Henn Jr. ( Filing fee $ 250 receipt number 0420-4807191) by It'Sugar LLC. Response to Motion due by 7/19/2013. (Attachments: #1 Affidavit for Pro Hac Vice Admission, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Foster, John) |
| Filing 14 SUMMONS Returned Executed by It'Sugar LLC. I Love Sugar Inc served on 6/20/2013, answer due 7/11/2013. (Attachment#1 Summons Returned) (Foster, John) (Main Document 14 replaced on 6/27/2013 with corrected document as provided by filer) |
| Filing 13 Additional Attachments to Main Document #8 MOTION for Preliminary Injunction . First attachment description: Exhibit 2 to Memorandum in Support . (Attachments: #1 Exhibit 3 to Memo (Declaration of Randy Goldbaum), #2 Exhibit 4 to Memo (Declaration of Stacey Rapp), #3 Exhibit 5 to Memo (Declaration of Markham Cronin), #4 Exhibit 6 to Memo (Declaration of Ashley Mady), #5 Exhibit 7 to Memo (Declaration of Sean Roberts), #6 Exhibit 8 to Memo (Declaration of Tina Goldkind), #7 Exhibit 9 to Memo (Declaration of James Turner), #8 Exhibit 10 to Memo (Declaration of Ryan Seely), #9 Exhibit 11 to Memo (Declaration of Bruce Goldstein), #10 Exhibit 12 to Memo (Declaration of Linda Roberts), #11 Exhibit 13 to Memo (Declaration of Richard Belyski), #12 Exhibit 14 to Memo (Declaration of Niki Haley), #13 Exhibit 15 to Memo (Declaration of Steven Quigley))(Foster, John) |
| Filing 12 Additional Attachments to Main Document #8 MOTION for Preliminary Injunction . First attachment description: Exhibit 1 to Memorandum in Support Part 4 (Exs. 18-37 to Declaration of Jeffrey Rubin) . (Foster, John) |
| Filing 11 Additional Attachments to Main Document #8 MOTION for Preliminary Injunction . First attachment description: Exhibit 1 to Memorandum in Support Part 3 (Exs. 7-17 to Declaration of Jeffrey Rubin) . (Foster, John) |
| Filing 10 Additional Attachments to Main Document #8 MOTION for Preliminary Injunction . First attachment description: Exhibit 1 to Memorandum in Support Part 2 (Exs. 1-6 to Declaration of Jeffrey Rubin) . (Foster, John) |
| Filing 9 Additional Attachments to Main Document #8 MOTION for Preliminary Injunction . First attachment description: Exhibit 1 to Memorandum in Support (Declaration of Jeffrey Rubin) . (Foster, John) |
| Filing 8 MOTION for Preliminary Injunction by It'Sugar LLC. Response to Motion due by 7/5/2013. (Attachments: #1 Memo in Support, #2 Appendix of Unreported Cases)No proposed order.(Foster, John) See #9 , #10 , #11 , #12 , and #13 for additional attachments (hcic, ). |
| Filing 7 ***DOCUMENT MAILED #6 Report on the Filing or Determination of Patent or Trademark (with complaint) placed in U.S. Mail to Mail Stop 8 Director of the U.S. Patent and Trademark Office P.O. Box 1450 Alexandria, VA 22313-1450. (hcic, ) |
| Filing 6 Report on the Filing or Determination of an Action or Appeal Regarding a Patent or Trademark. (Attachments: #1 Complaint)(hcic, ) |
| Filing 5 Summons Issued as to All Defendants. (hcic, ) |
| Filing 4 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by It'Sugar LLC.(hcic, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories with jury demand by It'Sugar LLC.(hcic, ) |
| Filing 1 COMPLAINT against Blu Sol Design LLC, I Love Sugar Inc, M Coy Group LLC, The (filing fee $400 receipt number 0420-4779467), filed by It'sSugar LLC. Service due by 10/18/2013. (Attachments: #1 Trademark Registration Certificate, #2 Photos of It'Sugar Stores, #3 Design specs and photos, #4 Lollipop Tree, #5 "Ordinary" candy store fixtures, #6 Young women on walls, #7 It'Sugar locations, #8 Advertising material, #9 Fortune magazie article, #10 Myrtle Beach photos of It'Sugar, #11 It'Sugar facade with lollipop swirls, #12 It'Sugar case register wrap, #13 It'Sugar shelved column display, #14 It'Sugar M&M wall, #15 MCoy shop drawings, #16 I Love Sugar 3/18/13 rendering of store exterior, #17 I Love Sugar 2/16, 3/14 Facebook renderings, #18 Blu Sol Facebook 2/3/13, #19 I Love Sugar during construction, #20 I Love Sugar job posting, #21 Photos comparing It'Sugar w/ I Love Sugar exteriors, #22 I Love Sugar bulk fixture, #23 I Love Sugar lollipop tree, #24 I Love Sugar irreverent statements, #25 I Love Sugar cashier area, #26 I Love Sugar M&M wall, #27 I Love Sugar shelved column, #28 I Love Sugar 3 way fixture, #29 I Love Sugar Nerds, #30 I Love Sugar Pez, #31 I Love Sugar M&M merchanise, #32 It'Sugar interior mermaid, #33 I Love Sugar interior mermaid, #34 It'Sugar exterior mermaid, #35 I Love Sugar exterior mermaid, #36 I Love Sugar gummy worm, #37 It'Sugar gummy worm, #38 I Love Sugar wall logo at cashier, #39 It'Sugar wall logo at cashier, LA store, #40 4/26/13 OF letter to Oaknin, #41 5/16/13 reply from Oaknin's attorneys, #42 4/26/13 OF letter to MCoy, #43 5/7/13 reply from MCoy's attorneys, #44 4/16/13 OF letter to Blu Sol, #45 5/16/13 reply from Blu Sol's attorneys)(hcic, ) |
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