Heartbrand Beef, Inc. v. Lobel's of New York, LLC et al
| Heartbrand Beef, Inc. |
| Lobel's of New York, LLC and Worldwide Media, Inc. |
| 6:2008cv00062 |
| July 25, 2008 |
| US District Court for the Southern District of Texas |
| Trademark Office |
| Lavaca |
| John D. Rainey |
| None |
| Federal Question |
| 15:1125 Trademark Infringement (Lanham Act) |
Docket Report
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Filing 60
ORDER OF DISMISSAL. Case terminated on February 11, 2009.(Signed by Judge John D. Rainey) Parties notified.(ltesch, )
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| Filing 59 NOTICE of Dismissal as to Yahoo! Inc. by Heartbrand Beef, Inc., filed. (Lee, Ted) |
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Filing 58
MEMORANDUM AND ORDER granting in part and denying in part 23 Defendant Yahoo! Inc.'s MOTION to Dismiss; denying as moot Plaintiff's 38 Motion for Leave to File Second Amended Complaint. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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Filing 57
ORDER granting 54 Joint Motion to Dismiss Defendant, Thought Convergence, Inc. with Prejudice. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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| Filing 56 CERTIFICATE of Conference re: 54 Joint MOTION to Dismiss Defendant, Thought Convergence, Inc. with Prejudice by Heartbrand Beef, Inc., filed.(Lee, Ted) |
| Filing 55 PROPOSED ORDER re: 54 Joint MOTION to Dismiss Defendant, Thought Convergence, Inc. with Prejudice, filed.(Lee, Ted) |
| Filing 54 Joint MOTION to Dismiss Defendant, Thought Convergence, Inc. with Prejudice by Thought Convergence, Inc., Heartbrand Beef, Inc. (Lee, Ted) |
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Filing 53
ORDER granting 50 Joint Motion to Dismiss Defendant Lobel's of New York, LLC; denying as moot 38 Plaintiff's Motion for Leave to File Second Amended Complaint; denying as moot 31 Defendant Lobel's of New York, LLC's Motion to Dismiss for Lack of Personal Jurisdiction. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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Filing 52
ORDER granting 51 Joint Motion to Dismiss Defendant Worldwide Media, Inc. with Prejudice; denying as moot 27 Worldwide Media, Inc.'s Motion to Dismiss Amended Complaint. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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| Filing 51 Joint MOTION to Dismiss Defendant, Worldwide Media, Inc. With Prejudice by Heartbrand Beef, Inc., Worldwide Media, Inc. (Attachments: # 1 Proposed Order)(Lee, Ted) |
| Filing 50 Joint MOTION to Dismiss Defendant Lobel's of New York, LLC With Prejudice by Heartbrand Beef, Inc., Lobel's of New York, LLC. (Attachments: # 1 Proposed Order)(Lee, Ted) |
| Filing 49 Yahoo!'s Reply to 34 Heartbrand Beef's Opposition to Yahoo!'s Motion to Dismiss, filed by Yahoo! Inc. (Deemed filed 11/03/08 per 48 Court Order.) (yhausmann, ) |
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Filing 48
ORDER granting 42 Defendant Yahoo! Inc.'s Motion for Leave to File Reply to Plaintiff's Response to Motion to Dismiss. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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Filing 47
SCHEDULING ORDER. Trial Term: November, 2009. ETT: 5 days. Bench Trial. Pltf Expert Witness List and Pltf Expert Report due by 4/30/2009; Deft Expert Witness List and Deft Expert Report due by 6/12/2009; Discovery due by 7/31/2009; Motions Filing due by 8/14/2009; Joint Pretrial Order due by 10/23/2009; Bench Trial set for November, 2009 before Judge John D. Rainey. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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| Filing 46 CONFERENCE MEMORANDUM: Rule 16 held by telephone. Scheduling order signed. Appearances: Ted Dalton Lee, Howard S Michael, C David Kinder, Gregg S Baker, Yas Raouf, Richard Danysh. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, ) |
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Filing 45
ORDER granting 44 Motion to Appear Pro Hac Vice of Attorney Yas Raouf for Thought Convergence, Inc. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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| Filing 42 MOTION for Leave to File Defendant's Reply to Plaintiff's Response to Motion to Dismiss by Yahoo! Inc. (Smith, Annalyn) |
| Filing 41 Correspondence to Court on Telephonic Scheduling Conference by Heartbrand Beef, Inc., filed.(Lee, Ted) |
| Filing 44 MOTION for Yas Raouf to Appear Pro Hac Vice by Thought Convergence, Inc. (pjameson, ) |
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Filing 43
ORDER granting 39 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant Worldwide Media, Inc.'s Motion to Dismiss. Plaintiff's response due by 11/6/2008. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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| Filing 40 INITIAL DISCLOSURES by Yahoo! Inc., filed.(Smith, Annalyn) |
| Filing 39 Unopposed MOTION for Extension of Time Respond to Defendant Worldwide Media, Inc.'s Motion to Dismiss by Heartbrand Beef, Inc. (Attachments: # 1 Proposed Order)(Lee, Ted) |
| Filing 38 MOTION for Leave to File Second Amended Complaint by Heartbrand Beef, Inc. (Attachments: # 1 Exhibit Second Amended Complaint, # 2 Proposed Order)(Lee, Ted) |
| Filing 37 RESPONSE to 31 MOTION to Dismiss, filed by Heartbrand Beef, Inc.. (Attachments: # 1 Exhibit Ex. A - FAQ Section of the website www.lobels.com, # 2 Exhibit Ex. B- Screenshots of the web pages from www.lobels.com outlining the procedure a customer must go through to purchase products from Lobels, # 3 Exhibit Ex. C - Lobels website, where they have the option to chat online with a customer support representative, # 4 Exhibit Ex. D- Declaration of Ronald Beeman, # 5 Proposed Order)(Lee, Ted) |
| Filing 36 Corrected Certificate of Service on Plaintiff's Response to Defendant Yahoo!'s Motion to Dismiss by Heartbrand Beef, Inc., filed.(Lee, Ted) |
| Filing 35 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Thought Convergence, Inc., Yahoo! Inc., Heartbrand Beef, Inc., Lobel's of New York, LLC, Worldwide Media, Inc., filed.(Lee, Ted) |
| Filing 34 RESPONSE to 23 MOTION to Dismiss, filed by Heartbrand Beef, Inc. (Attachments: # 1 Proposed Order re Pltf's Resp. to Yahoo!'s Motion to Dismiss)(Lee, Ted) |
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Filing 33
ORDER granting 30 Motion to Appear Pro Hac Vice of attorney Gregg S. Baker for Lobel's of New York, LLC. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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| Filing 29 CORPORATE DISCLOSURE STATEMENT by Worldwide Media, Inc., filed.(Kinder, C) |
| Filing 28 MEMORANDUM in Support re: 27 MOTION to Dismiss Amended Complaint for Lack of Personal Jurisdiction or in the Alternative, for Improper Venue or, In the Alternative, Motion to Transfer Venue by Worldwide Media, Inc., filed.(Kinder, C) |
| Filing 27 MOTION to Dismiss Amended Complaint for Lack of Personal Jurisdiction or in the Alternative, for Improper Venue or, In the Alternative, Motion to Transfer Venue by Worldwide Media, Inc. (Attachments: # 1 Affidavit Re: Michael Berkens)(Kinder, C) |
| Filing 32 CORPORATE DISCLOSURE STATEMENT of Defendant Lobel's of New York, LLC. (yhausmann, ) |
| Filing 31 MOTION to Dismiss by Lobel's of New York, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order) (yhausmann, ) |
| Filing 30 MOTION for Gregg S. Baker to Appear Pro Hac Vice by Lobel's of New York, LLC. (Attachments: # 1 Transmittal letter, Registration form) (yhausmann, ) |
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Filing 26
ORDER granting 20 Motion of attorney David S. Fleming to Appear Pro Hac Vice for Yahoo! Inc. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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Filing 25
ORDER granting 21 Motion of attorney Howard S. Michael to Appear Pro Hac Vice for Yahoo! Inc. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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| Filing 24 MEMORANDUM in Support of Its Motion to Dismiss by Yahoo! Inc., filed. (Attachments: # 1 Exhibit A)(Smith, Annalyn) |
| Filing 23 MOTION to Dismiss by Yahoo! Inc. (Smith, Annalyn) |
| Filing 22 ANSWER to 3 Amended Complaint/Counterclaim/Crossclaim etc., by Thought Convergence, Inc., filed.(Yuhas, George) |
| Filing 21 MOTION for Howard S. Michael to Appear Pro Hac Vice by Yahoo! Inc. (yhausmann, ) |
| Filing 20 MOTION for David S. Fleming to Appear Pro Hac Vice by Yahoo! Inc. (yhausmann, ) |
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Filing 19
ORDER granting 18 Defendant's Unopposed Motion for Extension of Time to Move or Otherwise Plead. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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| Filing 18 Unopposed MOTION for Extension of Time Unopposed Motion for Second Extension of Time to Move or Otherwise Plead by Yahoo! Inc., filed. Motion Docket Date 9/29/2008. (Smith, Annalyn) |
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Filing 17
ORDER re 15 Parties' Stipulation for Extension of Time for Defendants to Respond to Complaint. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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Filing 16
ORDER granting 12 Motion to Appear Pro Hac Vice. Attorney George Alan Yuhas to appear Pro Hac Vice on behalf of Defendant Thought Convergence, Inc. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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| Filing 15 STIPULATION for Extension of Time for Defendants to Respond to Complaint by Thought Convergence, Inc. and Proposed Order. (yhausmann, ) |
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Filing 14
ORDER re 11 Parties' Stipulation for Extension of Time for Defendants to Respond to Complaint. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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| Filing 13 CORPORATE DISCLOSURE STATEMENT by Yahoo! Inc., filed.(Smith, Annalyn) |
| Filing 12 MOTION for George Yuhas to Appear Pro Hac Vice by Thought Convergence, Inc. (Attachments: # 1 Transmittal letter, application) (yhausmann, ) |
| Filing 11 STIPULATION for Extension of Time for Defendants to Respond to Complaint and Proposed Order by Thought Convergence, Inc. (yhausmann, ) |
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Filing 10
ORDER granting 9 Defendant's Unopposed Motion for Extension of Time to Move or Otherwise Plead. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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| Filing 9 Unopposed MOTION for Extension of Time to Move or Otherwise Plead by Yahoo! Inc. (Smith, Annalyn) |
| Filing 8 NOTICE of Appearance by Annalyn G. Smith on behalf of Yahoo! Inc., filed. (Smith, Annalyn) |
| Filing 7 RETURN of Service of SUMMONS Executed as to Thought Convergence, Inc. served on 8/6/2008.(Lee, Ted) |
| Filing 6 RETURN of Service of SUMMONS Executed as to Yahoo! Inc. served on 8/6/2008.(Lee, Ted) |
| Filing 5 RETURN of Service of SUMMONS Executed as to Worldwide Media, Inc. served on 8/5/2008.(Lee, Ted) |
| Filing 4 RETURN of Service of SUMMONS Executed as to Lobel's of New York, LLC served on 8/5/2008.(Lee, Ted) |
| Summons Issued as to Thought Convergence, Inc. (yhausmann, ) |
| Filing 3 AMENDED Complaint against Thought Convergence, Inc., Yahoo! Inc. filed by Heartbrand Beef, Inc.. (Attachments: # 1 Exhibit A-Website of www.akaushi.com-homepage, # 2 Exhibit B-1 of 2 connections to www.lobels.com, # 3 Exhibit C-1 of 2 websites of www.lobels.com, # 4 Exhibit D-Lobel's Homepage, # 5 Exhibit E-Legal Policy by TrafficZ)(Lee, Ted) |
| Summons Issued as to Yahoo! Inc. (yhausmann, ) |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/3/2008 at 09:40 AM by telephone before Judge John D. Rainey. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
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| Summons Issued as to Lobel's of New York, LLC, Worldwide Media, Inc. (yhausmann, ) |
| Filing 1 COMPLAINT against all defendants (Filing fee $ 350 receipt number 05410000000004030327) filed by Heartbrand Beef, Inc.. (Attachments: # 1 Exhibit A - Website of www.akaushisteaks.com operated by Worldwide Media, Inc., # 2 Exhibit B - One of two connections to www.lobels.com, # 3 Exhibit C - One of two connections to www.lobels.com, # 4 Exhibit D - Homepage of www.lobels.com)(Lee, Ted) |
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