Gibson Guitar Corporation v. Wal-Mart Stores, Inc. et al Featured Case

Plaintiff Gibson Guitar Corporation alleges that Defendants Wal-Mart Stores Inc., Target Corporation, Kmart Corporation, Amazon.com Inc., GameStope Corporation and Toys-R-Us Inc. infringed on U.S. Patent No. 5,990,405 entitled \"System and Method for Generating and Controlling a Simulated Musical Concert Experience\" by selling Guitar Hero series of video games.

Plaintiff: Gibson Guitar Corporation
Defendant: Wal-Mart Stores, Inc., Target Corporation, Kmart Corporation, Amazon.com, Inc., GameStop Corporation and Toys-R-Us, Inc.
Case Number: 3:2008cv00279
Filed: March 17, 2008
Court: Tennessee Middle District Court
Office: Nashville Office
County: Davidson
Referring Judge: Juliet E. Griffin
Presiding Judge: Thomas Wiseman
Nature of Suit: Trademark
Cause of Action: 28:1338 Trademark Infringement
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
April 12, 2010 135 Opinion or Order of the Court ORDER: The parties' joint stipulation to stay proceedings and to continue status conference 134 is deemed to a be a joint motion to continue the stay, and, as such is GRANTED. Although the parties styled the stipulation to include an agreement to continue a status conference, there is no status conference scheduled to be continued. Proceedings in this case shall be stayed until 4/30/10, to allow the parties additional time to attempt to resolve this case. Joint Status Report due by 5/7/20 10. Telephone Conference set for 5/14/2010, at 3:00 PM before Magistrate Judge Juliet E. Griffin, to be initiated by counsel for plaintiff, to address further proceedings in this case. If, in the parties' 5/7/10, status report, they indicate tha t a settlement of all claims by all parties in this case has been reached and indicate when they will file an agreed order or stipulation of dismissal of all claims in this case, the May 14, 2010, conference call will be cancelled. Otherwise, it will be held as scheduled. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 4/12/10. (tmw)
December 21, 2009 133 Opinion or Order of the Court ORDER: The parties' joint stipulation to stay proceedings and to continue status conference 132 is deemed to be a joint motion to stay proceedings and to continue the case management conference, scheduled by order entered 12/14/2009 131 , and , as such, the motion is GRANTED. The stay of proceedings is REINSTATED and the proceedings in this case shall be STAYED through 3/31/2010. The 1/6/2010, case management conference is CANCELLED, and will be rescheduled by further order as provided within this order. Signed by Magistrate Judge Juliet E. Griffin on 12/21/09. (dt)
June 18, 2008 90
DECLARATION of B. Jennifer Glad filed by Amazon.com, Inc., GameStop Corporation, Toys-R-Us, Inc., Harmonix Music Systems, Inc., Electronic Arts, Inc., Viacom International, Inc., Sears, Roebuck & Co., Wal-Mart Stores, Inc., Target Corporation, Kmart Corporation re: 89 Reply to Response to Motion,,. (Attachments: # 1 Exhibit A - Waiver of Patent Owner Statement, # 2 Exhibit B - E-mail Exchange)(Harwell, Aubrey)
June 10, 2008 88
RESPONSE in Opposition re 87 MOTION Permission to file Sur-Reply to Defendants' Motion to Dismiss or in the Alternative to Stay this Action in Favor of the First Filed Action in the Central District of California filed by Amazon.com, Inc., GameStop Corporation, Toys-R-Us, Inc., Sears, Roebuck & Co., Wal-Mart Stores, Inc., Target Corporation, Kmart Corporation. (Rose, Jonathan)
June 9, 2008 87
MOTION Permission to file Sur-Reply to Defendants' Motion to Dismiss or in the Alternative to Stay this Action in Favor of the First Filed Action in the Central District of California by Gibson Guitar Corporation. (Attachments: # 1 Exhibit Sur-Reply of Gibson Guitar Corp. to Defendants' Motion to Dismiss or, in the Alternative, to Stay this Action in Favor of a First-Filed Action in the Central District of California)(Pierce, Douglas)
June 6, 2008 85 Opinion or Order of the Court
ORDER granting 78 Motion for Harry A. Olivar, Jr. to Appear Pro Hac Vice. Signed by Magistrate Judge Juliet E. Griffin on 06/06/08. (tmw)
June 5, 2008 84
RECEIPT #34675002811 in the amount of $75.00 re 78 Motion for Atty Harry A. Olivar to Appear Pro Hac Vice. (tmw)
June 4, 2008 83
AFFIDAVIT in Opposition re 60 MOTION for Hearing re 53 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit MOTION for Hearing re 53 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit, 53 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit - Declaration of Jason M. Sobel Esq. In Support of Gibson Guitar Corp.s Response, Opposing in Part and Joining in Part, Defendants' Motion for a Stay Pending U.S.P.T.O's Reexamination of the Patent in Suit filed by Gibson Guitar Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Pierce, Douglas)
May 29, 2008 77
REPLY to Response to Motion re 49 MOTION to Dismiss Amended Complaint as to the Viacom Defendants filed by Harmonix Music Systems, Inc., Electronic Arts, Inc., Viacom International, Inc.. (Harwell, Aubrey)
May 23, 2008 76 Opinion or Order of the Court
ORDER granting 72 Motion for Leave to File Documents (pltf's opposition to defts' joint motion to dismiss or to stay action and the declaration of Richard Eskew) under seal. Signed by Senior Judge Thomas Wiseman on 5/23/08. (gi)
May 21, 2008 75
RESPONSE in Opposition re 49 MOTION to Dismiss Amended Complaint as to the Viacom Defendants filed by Gibson Guitar Corporation. (Pierce, Douglas)
May 16, 2008 71 Opinion or Order of the Court
ORDER granting 65 & 67 Motions for James M. Glass and Edward J. DeFranco to Appear Pro Hac Vice. Signed by Magistrate Judge Juliet E. Griffin on 5/16/08. (gi)
May 14, 2008 70
RECEIPT #34675002578 in the amount of $150.00 re 65 & 67 Motions for Attys Glass and DeFranco to Appear Pro Hac Vice. (gi)
May 9, 2008 62
NOTICE by Harmonix Music Systems, Inc., MTV Networks, Electronic Arts, Inc. of Conference Call Information (Harwell, Aubrey)
May 8, 2008 61
RESPONSE in Opposition re 34 MOTION to Continue Initial Case Management Confernece and Reinstate Rule 26(d) Stay of Discovery MOTION to Continue Initial Case Management Confernece and Reinstate Rule 26(d) Stay of Discovery filed by Gibson Guitar Corporation. (Pierce, Douglas)
May 7, 2008 60
MOTION for Hearing re 53 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit by Amazon.com, Inc., GameStop Corporation, Toys-R-Us, Inc., Harmonix Music Systems, Inc., MTV Networks, Electronic Arts, Inc., Sears, Roebuck & Co., Wal-Mart Stores, Inc., Target Corporation, Kmart Corporation. (Harwell, Aubrey)
May 6, 2008 52
MOTION for Hearing re 49 MOTION to Dismiss Amended Complaint as to the Viacom Defendants by Harmonix Music Systems, Inc., MTV Networks, Electronic Arts, Inc.. (Harwell, Aubrey)
May 5, 2008 48 Opinion or Order of the Court
ORDER granting 30 Motion for Attys Mark A. Samuels, Robert M. Schwartz and William J. Charron to Appear Pro Hac Vice. Signed by Magistrate Judge Juliet E. Griffin on 5/5/08. (gi)
May 2, 2008 47
RECEIPT #34675002383 in the amount of $225.00 re 30 Motion for Attys Samuels, Schwartz and Charron to Appear Pro Hac Vice. (gi)
May 1, 2008 45 Opinion or Order of the Court
ORDER: The portion of 34 motion to continue initial case managemet conference is granted; the portion of the motion seeking to reinstate Rule 26(d) stay of discovery is reserved. Telephone Conference is set for 5/12/2008 at 12:00 PM before Magistrate Judge Juliet E. Griffin. Clerk is directed to enter Mr. Lipshie, Mr. Urness and Mr. Rose as counsel for defendants Wal-Mart Stores, Inc., Target Corporation, Kmart Corporation, Sears Roebuck & Co.,Amazon.com, Inc., GameStop Corporation, and Toys-R-Us, Inc. It does not appear that the pro hac vice admission fees for Attys Samuels, Schwartz and Charron have been paid; the Court cannot grant that motion 30 until the fees are submitted. Signed by Magistrate Judge Juliet E. Griffin on 5/1/08. (gi)
April 30, 2008 34
MOTION to Continue Initial Case Management Confernece and Reinstate Rule 26(d) Stay of Discovery by Amazon.com, Inc., GameStop Corporation, Toys-R-Us, Inc., Harmonix Music Systems, Inc., MTV Networks, Electronic Arts, Inc., Sears, Roebuck & Co., Wal-Mart Stores, Inc., Target Corporation, Kmart Corporation. (Harwell, Aubrey)
April 25, 2008 33
CERTIFICATE OF GOOD STANDING of Attorney William J. Charron from the United States District Court for the Central of California filed by Harmonix Music Systems, Inc., MTV Networks, Electronic Arts, Inc.. (Harwell, Aubrey)
April 24, 2008 29
NOTICE of Appearance by Aubrey B. Harwell, III and William T. Ramsey on behalf of Harmonix Music Systems, Inc., MTV Networks, Electronic Arts, Inc. (Harwell, Aubrey) Modified text on 4/25/2008 (gi).
April 22, 2008 28
SUMMONS returned executed by Gibson Guitar Corporation. Electronic Arts, Inc. served on 4/10/2008. (Pierce, Douglas)
April 21, 2008 27 Opinion or Order of the Court
ORDER: The Court deems the stipulation 26 to be a joint motion for extension of time and, as such, it is GRANTED. The time for the defendants to file a response to the amended complaint 19 is extended to 5/14/08. Initial case management conference was rescheduled to 5/12/08, two days before the deadline for filing responses to the amended complaint. However, unless otherwise modified, the 3/31/08, order remains in full force and effect. Signed by Magistrate Judge Juliet E. Griffin on 4/21/08. (dt)
April 16, 2008 25
NOTICE from CT Corp to Atty Douglas R. Pierce advising Amazon.com is not listed on their records or on the records of the State of TN. Therefore, amended complaint and attachments were being returned. (gi)
April 15, 2008 24 Opinion or Order of the Court
ORDER granting 15 Motion for Attys Matthew W. Siegal, Richard Eskew, Angie M. Hankins, and Jason M. Sobel to Appear Pro Hac Vice. Signed by Magistrate Judge Juliet E. Griffin on 4/15/08. (gi)
April 14, 2008 22
SUMMONS returned executed by Gibson Guitar Corporation. MTV Networks served on 4/7/2008. (Pierce, Douglas)
April 10, 2008 21
SUMMONS returned executed by Gibson Guitar Corporation. Sears, Roebuck & Co. served on 4/9/2008. (Pierce, Douglas)
April 4, 2008 20
Summons issued as to Harmonix Music Systems, Inc., MTV Networks, Electronic Arts, Inc. & Sears, Roebuck & Co. (gi)
April 1, 2008 18
RECEIPT #34675-1959 in the amount of $300.00 for PHV Fee on behalf of Matthew Siegal, Richard Eskew, Angie Hankins, & Jason M. Sobel posted on 4/1/08 re 15 Motion to Appeal Pro Hac Vice by Gibson Guitar Corporation. (jb)
March 31, 2008 16
CORPORATE DISCLOSURE STATEMENT filed by Gibson Guitar Corporation. (Pierce, Douglas)
March 28, 2008 13
Summons issued as to Target Corporation. (jb)
March 25, 2008 9
SUMMONS returned executed by Gibson Guitar Corporation. Kmart Corporation served on 3/24/2008. (Pierce, Douglas)
March 21, 2008 6
Letter from Docket Clerk to Matthew W. Siegal re: Compliance with Local Rule 83.01. (jb)
March 17, 2008 3
NOTICE of Initial Case Management Conference set for Monday, 4/28/2008 at 10:00 AM in Courtroom 764 before Magistrate Judge Juliet E. Griffin. (rm)

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Search for this case: Gibson Guitar Corporation v. Wal-Mart Stores, Inc. et al
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Plaintiff: Gibson Guitar Corporation
Represented By: Jason M. Sobel
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Defendant: Wal-Mart Stores, Inc.
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Defendant: Target Corporation
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Defendant: Kmart Corporation
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Defendant: Amazon.com, Inc.
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Defendant: GameStop Corporation
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Defendant: Toys-R-Us, Inc.
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