La Patisserie, Inc. v. The Funnel Bar, LLC et al
| La Patisserie, Inc. |
| The Funnel Bar, LLC and Travis Smith |
| 4:2022cv03288 |
| September 26, 2022 |
| US District Court for the Southern District of Texas |
| Andrew S Hanen |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on November 9, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 AO 435 TRANSCRIPT REQUEST by Emily E.G. Bradford for Transcript of Injunction Hearing on 9/30/22 before Judge Andrew S Hanen. Hourly turnaround requested. Court Reporter/Transcriber: Lanie Smith, filed. (Green, Emily) |
Filing 20
ORDER denying #15 Motion to Dismiss. Case terminated on October 5, 2022; denying #15 Motion for Restraining Order and Attorney's fees. The case is dismissed without prejudice..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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| Filing 19 RESPONSE Plaintiff's Voluntary Dismissal and DEs 16, 17, and 18, filed by Travis Smith, The Funnel Bar, LLC. (Attachments: #1 Affidavit Declaration of Travis Smith, #2 Affidavit Declaration of Emily E.G. Bradford, #3 Exhibit Exhibit A)(Green, Emily) |
| Filing 18 NOTICE of Dismissal as to La Patisserie, Inc. by La Patisserie, Inc., filed. (Attachments: #1 Proposed Order Proposed order of dismissal)(Mann, Carl) |
| Filing 17 REPLY Plaintiff's letter to Judge Hanen, 10-3-2022, filed by La Patisserie, Inc.. (Mann, Carl) |
| Filing 16 REPLY Letter to Judge Hanen, 10-2-2022, filed by La Patisserie, Inc.. (Mann, Carl) |
| Filing 15 Letter/ MOTION to Dismiss Lawsuit, for Order directing Plaintiff and her counsel from communicating or attempting to communicate with Defendants outside of the presence of Defendants' attorney, directing Plaintiff and her counsel not to go within 200ft of the Defendants premises or any pop-up location in which Defendants are hosting, to deny Plaintiff's request for Injunctive Relief re: #8 Opposed MOTION for Preliminary Injunction by La Patisserie, Inc., for Attorney Fees and for Order directing the United States Patent and Trademark Office to cancel Plaintiff's Registration by Travis Smith, The Funnel Bar, LLC, filed. (jdav, 4) |
| Filing 13 ADVISORY by Travis Smith, The Funnel Bar, LLC, filed.(Green, Emily) (re-docketed for report purposes at entry 14) |
| Filing 14 Letter/ MOTION to Stay for settlement negotiations by Margaux Mann/ La Patisserie, Inc., filed. Motion Docket Date 10/21/2022. (jdav, 4) |
| Minute Entry for proceedings held before Judge Andrew S Hanen. Preliminary Injunction hearinf held on 9/30/2022. Appearances: Carl Burton Mann for plaintiff, Emily E Bradford for deft.(Court Reporter: L. Smith) Discussion held. The Court advised parties to converse amongst themselves to attempt a resolution., filed.(jdav, 4) |
| Filing 12 PROPOSED ORDER Denying Plaintiff's Application for Injunctive Relief re: #11 Response, filed.(Green, Emily) |
| Filing 11 Amended RESPONSE to #1 Complaint,,,,, Plaintiff's Application for Injunctive Relief, filed by Travis Smith, The Funnel Bar, LLC. (Green, Emily) |
| Filing 10 First RESPONSE to #1 Complaint,,,,, Plaintiff's Application for Injunctive Relief, filed by Travis Smith, The Funnel Bar, LLC. (Attachments: #1 Appendix, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Errata, #10 Exhibit, #11 Exhibit)(Green, Emily) |
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Filing 9
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/20/2022 at 10:30 AM by video before Magistrate Judge Sam S Sheldon. (Signed by Judge Andrew S Hanen) Parties notified.(BrandisIsom, 4)
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| Filing 8 Opposed MOTION for Preliminary Injunction by La Patisserie, Inc., filed. Motion Docket Date 10/19/2022. (Attachments: #1 Proposed Order Proposed order)(Mann, Carl) |
| Filing 7 NOTICE of Setting as to #1 Complaint. Parties notified. Injunction Hearing set for 9/30/2022 at 10:00 AM in Courtroom 9D before Judge Andrew S Hanen, filed. (rhawkins) |
| Filing 6 Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 summon)(hlerma, 4) |
| Filing 5 Request for Issuance of Summons as to Travis Smith, filed.(Mann, Carl) |
| Filing 4 Request for Issuance of Summons as to The Funnel Bar, LLC, filed.(Mann, Carl) |
| Filing 3 ADVISORY by Travis Smith, The Funnel Bar, LLC, filed.(Green, Emily) |
| Summons Not Issued as to All Defendants Attorney or Plaintiff notified of deficiencies Not attached by NEF, filed.(hlerma, 4) |
| Filing 2 Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Complaint Application for Temporary Restraining Order, #2 Exhibit Index to Plaintiffs Exhibits, #3 Exhibit USPTO Registration Certificate for EAT DESSERT FIRST, #4 Exhibit Trademark Licensing Agreement, #5 Exhibit Photo of Defendants use of Plaintiffs mark, #6 Exhibit Photo of example of Defendants products, #7 Exhibit Photo of example of Defendants products, #8 Exhibit Photo of Defendants food truck with infringing mark, #9 Exhibit Photo of Defendants popup canopy with infringing mark, #10 Exhibit Photo of Defendants food service wrap with infringing mark, #11 Exhibit Photo of Defendants dessert cups with infringing mark, #12 Exhibit Photo of t-shirts with infringing mark sold by Defendants, #13 Exhibit Screen shot of Defendants promotional flyer, #14 Exhibit Cease and desist notice to Funnel Bar dated August 26, 2022, #15 Exhibit Federal Express delivery confirmation, #16 Exhibit Cease and desist notice to Funnel Bar dated September 8, 2022, #17 Exhibit Cease and desist email to Funnel Bar dated September 8, 2022, #18 Proposed Order Proposed Temporary Restraining Order, #19 Civil Cover Sheet Civil Action cover sheet, #20 Supplement Plaintiff's Rule 7.1 Disclosure Statement)(Mann, Carl) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-28828620) filed by La Patisserie, Inc.. (Attachments: #1 Exhibit USPTO Registration Certificate for EAT DESSERT FIRST, #2 Exhibit Trademark Licensing Agreement, #3 Exhibit Photo of Defendants use of Plaintiffs mark, #4 Exhibit Photo of example of Defendants products, #5 Exhibit Photo of example of Defendants products, #6 Exhibit Photo of Defendants food truck with infringing mark, #7 Exhibit Photo of Defendants popup canopy with infringing mark, #8 Exhibit Photo of Defendants food service wrap with infringing mark, #9 Exhibit Photo of Defendants dessert cups with infringing mark, #10 Exhibit Photo of t-shirts with infringing mark sold by Defendants, #11 Exhibit Screen shot of Defendants promotional flyer, #12 Exhibit Cease and desist notice to Funnel Bar dated August 26, 2022, #13 Exhibit Federal Express delivery confirmation, #14 Exhibit Cease and desist notice to Funnel Bar dated September 8, 2022, #15 Exhibit Cease and desist email to Funnel Bar dated September 8, 2022, #16 Proposed Order Proposed TRO, #17 Civil Cover Sheet Civil cover sheet, #18 Supplement Rule 7.1 disclosure statement)(Mann, Carl) |
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