IDT Netherlands B.V., et al v. Touch-Tel USA LLC, et al
| IDT Netherlands B.V. and Union Telecard Alliance LLC |
| Touch-Tel USA LLC, Star Connection and GDC Communications |
| 4:2003cv01388 |
| April 28, 2003 |
| US District Court for the Southern District of Texas |
| Nancy F Atlas |
| Trademark |
| 28 U.S.C. § 1331 Fed. Question: Trademark |
| None |
Docket Report
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This docket was last retrieved on June 12, 2003. A more recent docket listing may be available from PACER.
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| Filing 26 TRANSCRIPT OF PROCEEDINGS of TRO for dates of 5/12/03 before Judge Atlas , filed. ( Court Rptr: ERO ) Loose in file. (hlerma) Modified on 06/12/2003 |
| Filing 25 FINAL JUDGMENT Upon Consent and Permanent Injunction, entered. This case is closed. The bond posted by pltfs as security is released. Parties ntfd. ( signed by Judge Nancy F. Atlas ) (psmith) |
| Case closed (psmith) |
| Proposed Final Judgment and Permanent Injunction rec'd and frwd to CRD. (amaly) Modified on 05/21/2003 |
| Filing 24 TRANSCRIPT OF PROCEEDINGS of TRO Hearing for dates of 4/29/03 before Judge Nancy F Atlas , filed. Court Rptr: ERO (amaly) |
| Filing 27 MEMORANDUM by Touch-Tel USA LLC in opposition to Preliminary Injunction , filed (hlerma) |
| Filing 23 EXHIBITS to 5/12/03 TRO hearing by Touch-Tel USA LLC, et al filed. (amaly) |
| Filing 22 EXHIBITS to 5/12/03 TRO hearing by IDT Netherlands B.V., Union Telecard , filed. (amaly) |
Filing 21
Minute Entry Order: TRO hearing held. Apps: P Francis, M Pilibosian f/pltfs; E Dry, J Goldstein, J Perryman f/defts. Denying pltfs' [19-1] motion for contempt, granting pltfs' [19-2] motion for temporary restraining order, in accordance with the record in open court. A separate TRO is being entered. Defts are ordered not to sell the Tele Rojas cards and must pull all Tele Rojas cards from the store shelves within 2 days. Defts to file distribution and inventory lists by 10:00 5/21/03 Defts accountant must be present at the Preliminary Injunction hearing to testify to efforts made to comply with the order for returning all Tele-Rojas cards. Defts exhibits 1,4 and 5 are admitted and exhibits 2 & 3 are marked for identification only. Pltf's exhibit 1 is admitted; entered. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (amaly)
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| Filing 18 RESPONSE by Touch-Tel USA LLC in opposition to [4-1] motion for contempt and/or temporary restraining order, filed (hlerma) Modified on 06/30/2003 |
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Filing 17
SUPPLEMENTAL TEMPORARY RESTRAINING ORDER, entered. The $20,000.00 bond previously posted is adequate to cover the payment of damages. No additional bond is required. The presidents or CEOs of Touch-Tel shall personally attend the preliminary injunction hearing. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (amaly)
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| Filing 20 NOTICE of Hearing on pltf's motion for contempt and motion for TRO by IDT Netherlands B.V., Union Telecard , filed (amaly) |
| Filing 19 MOTION for contempt , and/or for temporary restraining order by IDT Netherlands B.V., Union Telecard, Motion Docket Date 5/29/03 [19-1] motion, 5/29/03 [19-2] motion , filed. (amaly) |
| Filing 16 WITHDRAWAL Of CentroAmerica and Ola Mexico Cards From Their Application For Preliminary Relief; Pltfs Request For Expedited Trial, by IDT Netherlands B.V., Union Telecard , filed (psmith) |
| Filing 15 VERIFIED COMPLIANCE STATEMENT by Touch-Tel USA LLC, Star Connection, GDC Communications , filed (amaly) |
| Filing 14 NOTICE of Waiver of Motion Hearing set for May 7, 2003, by Touch-Tel USA LLC, Star Connection, GDC Communications , filed (psmith) |
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Filing 10
ORDER denying defts' [7-1] motion to include with TRO a sample Touch-Tel phone card acceptable under TRO terms , entered. The TRO has already been issued. Parties notified. ( signed by Judge Nancy F. Atlas ) (amaly)
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Filing 9
Minute Entry Order: Telephone pretrial conference held. Apps: D Wilcox, G Ferguson f/pltfs; E Dry f/defts. Defts' motion to include with TRO a sample Touch-Tel phone card accetable under TRO terms is DENIED without prejudice in accordance with the record in open Court. Deft to refile his Motion with case law by the close of business on 5/2/03. Pltfs' response due by 5/6/03. Set hearing 9:00 5/7/03 before Judge Nancy F. Atlas , entered. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (amaly)
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| Deadline updated; denying without prejudice, defts' [7-1] motion to include with TRO sample Touch-Tel phone card acceptable under TRO terms (per order #9) (amaly) |
| Filing 8 MEMORANDUM by Touch-Tel USA LLC in support of defts [7-1] motion to include with TRO a sample Touch-Tel phone card under TRO terms, filed (kprice) |
| Filing 7 MOTION to include with TRO a sample Touch-Tel phone card acceptable under TRO terms by Touch-Tel USA LLC, Motion Docket Date 5/21/03 [7-1] motion , filed. (kprice) |
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Filing 6
TEMPORARY RESTRAINING ORDER, entered; Motion hearing before Judge Nancy F. Atlas set for 10:00 5/21/03 for [4-2] motion order to show cause re: preliminary injunction . Defts and all related parties shall file a written report within 5 days after entry of this order. Pltfs shall post a bond in the amount of $20,000.00. This order shall remain in effect until the Court rules on pltfs' application for a preliminary injunction. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (amaly)
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| Deadline updated per order #11: preliminary injunction hearing set for 10:00 5/21/03 before Judge Nancy F. Atlas (ltien) |
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Filing 13
ORDER pursuant to L. R. 1, entered. Attorney Deborah Wilcox is admitted pro hac vice for the pltfs. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (amaly)
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Filing 12
ORDER pursuant to L. R. 1, entered. Attorney Gerald J Ferguson is admitted pro hac vice for the pltfs. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (amaly)
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Filing 11
Minute Entry Order: TRO hearing held. Apps: P Francis, D Wilcox, G Ferguson f/pltfs; E Dry, AH Evans, J Perryman f/defts. Oral argument heard. Defts' exhibits 1 thru 11 are offered and admitted. Pltfs' exhibits 1,7a and 12 offered and admitted. The Court accepts pltfs' offer to withdraw the request for a TRO regarding deft's versions of the Hola Mexico card and Central America Cards. Court recesses at 11:45 and resumes at 12:15. Granting pltfs' [4-1] motion for temporary restraining order granting [4-2] motion order to show cause re: preliminary injunction. Parties agree that TRO will remain in place until the hearing. A preliminary injunction hearing is set for 5/21/03 at 10:00 before Judge Atlas; entered. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (amaly)
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| Filing 5 MEMORANDUM by IDT Netherlands B.V., Union Telecard in support of [4-1] motion for temporary restraining order, [4-2] motion order to show cause re: preliminary injunction , filed (amaly) |
| Filing 4 MOTION for temporary restraining order , and order to show cause re: preliminary injunction by IDT Netherlands B.V., Union Telecard, Motion Docket Date 5/18/03 [4-1] motion, 5/18/03 [4-2] motion , filed. (amaly) |
| Filing 3 MOTION with memorandum in support for expedited discovery by IDT Netherlands B.V., Union Telecard, Motion Docket Date 5/18/03 [3-1] motion , filed (amaly) |
| COMMISSIONER OF PATENTS AND TRADEMARKS, AO-120, ntfd. (ltien) |
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Filing 2
Order setting Initial Pretrial and Scheduling Conference on 1:00 7/11/03 before Judge Nancy F. Atlas and Order to Disclose Interested Persons, filed. () Parties notified. (lfilmore)
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| Filing 1 COMPLAINT for Trademark and Trade Dress Infringement and Unfair Competition by IDT Netherlands B.V., Union Telecard filed; FILING FEE $ 150.00 RECEIPT # 531219 (lfilmore) |
| 3 SUMMONS issued for Touch-Tel USA LLC, Star Connection, GDC Communications (lfilmore) |
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