Justin Alexander, Inc. v. Dapper and Dashing, LLC et al
| Justin Alexander, Inc. |
| Dapper and Dashing, LLC, Tip Top Tux L.L.C., Suit Up, Inc., NFW Enterprises, Inc., T-1 Cooperative, Inc. doing business as Savvi Formal Wear, Al's Formal Wear, Inc., Tip Top Tux, L.L.C. doing business as American Commodore Tuxedo, Dream Dress LLC, Heights, Inc. doing business as Anya Bridal Wearhouse, Tuxedo Central, Inc. and Johnathan Sabol |
| 2:2022cv02536 |
| August 17, 2022 |
| US District Court for the Western District of Tennessee |
| Jon Phipps McCalla |
| Tu M Pham |
| Trademark |
| 28 U.S.C. § 1331 Fed. Question: Trademark |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 5, 2022. A more recent docket listing may be available from PACER.
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Filing 44
ORDER GRANTING #43 Motion to Stay and #43 Motion to Continue. Signed by Judge Jon Phipps McCalla on 10/05/2022. (crh)
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| Filing 43 MOTION to Stay and, MOTION to Continue Telephonic Scheduling Conference Incorporated Memorandum in Support - Proposed Order Submitted by Justin Alexander, Inc.. (Riccio, Nicole) |
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Filing 42
ORDER GRANTING #41 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 10/03/2022. (crh)
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| Filing 41 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-3979015) by Justin Alexander, Inc.. (Bogart, Russell) |
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Filing 40
Order GRANTING #39 Motion for Extension of Time to Answer. Answer due 10/13/2022.. Signed by Judge Jon Phipps McCalla on 9/14/2022. (wrb)
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| Filing 39 MOTION for Extension of Time to File Answer Proposed Order Submitted by T-1 Cooperative, Inc.. (Wells, Murray) |
| Filing 38 NOTICE of Appearance by Murray B. Wells on behalf of T-1 Cooperative, Inc. (Wells, Murray) |
| Filing 37 SUMMONS Returned Executed by Justin Alexander, Inc. as to Dapper and Dashing, LLC. (Riccio, Nicole) |
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Filing 36
Order Dismissing Case as to NFW Enterprises, Inc. Only. Signed by Judge Jon Phipps McCalla on 9/12/2022. (wrb)
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| Filing 35 NOTICE by Justin Alexander, Inc. re #28 Affidavit of Service /Notice of Voluntary Dismissal Without Prejudice as to NFW Enterprises Only (Riccio, Nicole) |
| Filing 34 SETTING LETTER: A Telephonic Scheduling Conference has been set for Thursday, 10/13/2022 at 2:30 PM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
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Filing 33
Order GRANTING #31 Motion for Extension of Time to File Response/Reply. Responses due by 10/12/2022. Signed by Judge Jon Phipps McCalla on 9/12/2022. (wrb)
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| Filing 32 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #31 MOTION for Extension of Time to File Response/Reply filed by NFW Enterprises, Inc., Suit Up, Inc., Al's Formal Wear, Inc., T-1 Cooperative, Inc., Tuxedo Central, Inc., Tip Top Tux L.L.C., Dream Dress LLC, Johnathan Sabol, Heights, Inc., Dapper and Dashing, LLC, Tip Top Tux, L.L.C. has been filed. For future reference, please note : Filer failed to indicate in docket text "Proposed Order Submitted" as required by local rules. If no order previously emailed to chambers, please do so upon receipt of this notice. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae) |
| Filing 31 MOTION for Extension of Time to File Response/Reply by All Defendants. (Lubozynski, Matthew) |
| Filing 30 Alias Summons Issued as to Dapper and Dashing, LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jae) |
| Filing 29 NOTICE by Justin Alexander, Inc. re #22 Summons Returned Executed /Notice of Filing of Alias Summons (Attachments: #1 Exhibit A - Alias Summons to Dapper and Dashing (Please Issue for PPS))(Riccio, Nicole) |
| Filing 28 AFFIDAVIT of Service for Summons, Complaint, Exhibits and Other Court Pldgs served on NFW Enterprises, Inc., c/o Marcia F. O'Loughlin on 08/23/2022, filed by Justin Alexander, Inc.. (Riccio, Nicole) |
| Filing 27 SUMMONS Returned Executed by Justin Alexander, Inc. as to Johnathan Sabol. (Riccio, Nicole) |
| Filing 26 SUMMONS Returned Executed by Justin Alexander, Inc. as to Suit Up, Inc.. (Riccio, Nicole) |
| Filing 25 SUMMONS Returned Executed by Justin Alexander, Inc. as to Al's Formal Wear, Inc.. (Riccio, Nicole) |
| Filing 24 SUMMONS Returned Executed by Justin Alexander, Inc. as to Tip Top Tux, L.L.C.. (Riccio, Nicole) |
| Filing 23 SUMMONS Returned Executed by Justin Alexander, Inc. as to Dream Dress LLC. (Riccio, Nicole) |
| Filing 22 SUMMONS Returned Executed by Justin Alexander, Inc. as to Dapper and Dashing, LLC. (Riccio, Nicole) |
| Filing 21 SUMMONS Returned Executed by Justin Alexander, Inc. as to T-1 Cooperative, Inc.. (Riccio, Nicole) |
| Filing 20 AFFIDAVIT of Service for Summons, Complaint W/Exhibits and Other Court Documents served on Corporation Service, Registered Agent for Tip Top Tux, L.L.C. on 08/23/2022, filed by Justin Alexander, Inc.. (Riccio, Nicole) |
| Filing 19 SUMMONS Returned Executed by Justin Alexander, Inc. as to Heights, Inc.. (Riccio, Nicole) |
| Filing 18 SUMMONS Returned Executed by Justin Alexander, Inc. as to Tuxedo Central, Inc.. (Riccio, Nicole) |
| Filing 17 Summons Issued as to Johnathan Sabol. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) |
| Filing 16 Summons Issued as to Tuxedo Central, Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) |
| Filing 15 Summons Issued as to Heights, Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) |
| Filing 14 Summons Issued as to Dream Dress LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) |
| Filing 13 Summons Issued as to Tip Top Tux, L.L.C.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) |
| Filing 12 Summons Issued as to Al's Formal Wear, Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) |
| Filing 11 Summons Issued as to T-1 Cooperative, Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) |
| Filing 10 Summons Issued as to NFW Enterprises, Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) |
| Filing 9 Summons Issued as to Suit Up, Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) |
| Filing 8 Summons Issued as to Tip Top Tux L.L.C.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) |
| Filing 7 Summons Issued as to Dapper and Dashing, LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) |
| Filing 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (agj) |
| Filing 5 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (agj) |
| Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (agj) |
| Filing 3 Judge Jon Phipps McCalla and Chief Magistrate Judge Tu M. Pham added. (agj) |
| Filing 2 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 4,018,784; 4,011,847; . (Riccio, Nicole) |
| Filing 1 COMPLAINT for Trademark Infringement, Breach of Contract, Declaratory Relief against All Defendants (Filing fee $ 402 receipt number ATNWDC-3946502), filed by Justin Alexander, Inc.. (Attachments: #1 Exhibit 1 - TM Reg. No 4,018,784, #2 Exhibit 2 - TM Reg. No. 4,011,847, #3 Exhibit 3 - License Agreement, #4 Exhibit 4 - First Amendment to License Agreement, #5 Exhibit 5 - Screenshots, #6 Exhibit 6 - UPS Communication, #7 Exhibit 7 - Demand Letter, #8 Exhibit 8- Flipbook, #9 Exhibit 9 - Website Excerpts, #10 Exhibit 10 - Images, #11 Exhibit 11 - Website Images, #12 Exhibit 12 - Pages from ECatalog, #13 Exhibit 13 - Buy 1, #14 Exhibit 14 - Buy 2, #15 Exhibit 15 - Buy 3, #16 Exhibit 16 - Buy 4, #17 Exhibit 17 - Buy 5, #18 Exhibit 18 - Levi - Black Tuxedo, #19 Summons -Dapper and Dashing, LLC (Please Issue for PPS), #20 Summons -Tip Top Tux L.L.C. (Please Issue for PPS), #21 Summons -Suit Up, Inc. (Please Issue for PPS), #22 Summons -NFW Enterprises, Inc. (Please Issue for PPS), #23 Summons -T-1 Coopoerative, Inc. d/b/a Savvi Formal Wear (Please Issue for PPS), #24 Summons -Al's Formal Wear, Inc. (Please Issue for PPS), #25 Summons -Tip Top Tux, L.L.C. d/b/a American Commodore Tuxedo (Please Issue for PPS), #26 Summons -Dream Dress LLC (Please Issue for PPS), #27 Summons -Heights, Inc. d/b/a Anya Bridal Warehouse (Please Issue for PPS), #28 Summons -Tuxedo Central, Inc. (Please Issue for PPS), #29 Summons -Johnathan Sabol (Please Issue for PPS), #30 Civil Cover Sheet)(Riccio, Nicole) |
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