Castro v. Entrepreneur Media, Inc. Featured Case

A serial entrepreneur and creator of the Web site EntrepreneurOlogy.com sued Entrepreneur Media, Inc., the publisher of Entrepreneur magazine for a declaratory judgment that its business name an mark does not infringe EMI's trademark rights.

Plaintiff: Daniel R. Castro
Defendant: Entrepreneur Media, Inc.
Case Number: 1:2010cv00695
Filed: September 15, 2010
Court: Texas Western District Court
Office: Austin Office
Presiding Judge: James R. Nowlin
Nature of Suit: Trademark
Cause of Action: 28:2201 Declaratory Judgment
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on April 23, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 24, 2012 80 Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (dm, )
December 20, 2011 CASE NO LONGER REFERRED to Magistrate Judge Andrew W. Austin. (dm, )
December 20, 2011 79 FINAL JUDGMENT. Signed by Judge Lee Yeakel. (dm, )
December 5, 2011 78 STIPULATION of Dismissal With Prejudice by Entrepreneur Media, Inc.. (Barry, Jennifer)
November 17, 2011 Opinion or Order 77 ORDERED that the parties file a motion to dismiss or stipulation of dismissal on or before Friday, December 21, 2011. Signed by Judge Lee Yeakel. (dm, )
November 15, 2011 76 NOTICE of Settlement by Entrepreneur Media, Inc. and Daniel Castro(Barry, Jennifer) Modified on 11/16/2011 to add filer (dm, ).
October 4, 2011 75 STATUS REPORT Joint Discovery Plan by Entrepreneur Media, Inc. and Daniel R. Castro. (Barry, Jennifer) Modified on 10/5/2011 to add filer (dm, ).
September 6, 2011 Text Order GRANTING 73 Motion for Leave to File Excess Pages entered by Judge Andrew W. Austin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ddd)
September 6, 2011 Text Order GRANTING 64 Motion entered by Judge Andrew W. Austin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ddd)
August 17, 2011 74 REPLY to Response to Motion, filed by Entrepreneur Media, Inc., re 62 MOTION to Dismiss filed by Entrepreneur Media, Inc. (Barry, Jennifer)
August 17, 2011 73 Unopposed MOTION for Leave to Exceed Page Limitation for Reply Brief in support of Motion to Dismiss by Entrepreneur Media, Inc.. (Attachments: # 1 Proposed Order). Motions referred to Judge Andrew W. Austin. (Barry, Jennifer)
August 15, 2011 Opinion or Order 72 ORDER GRANTING 71 Motion for Extension of Time to File Response. Signed by Judge Andrew W. Austin. (dm, )
August 8, 2011 71 Opposed MOTION for Extension of Time to File Response/Reply in Support of Motion to Dismiss by Entrepreneur Media, Inc.. (Attachments: # 1 Affidavit Declaration of Jennifer L. Barry (with exhibits), # 2 Proposed Order). Motions referred to Judge Andrew W. Austin. (Barry, Jennifer)
August 3, 2011 Opinion or Order 70 ORDER REFERRING CASE to Magistrate Judge Andrew W. Austin. Signed by Judge Lee Yeakel. Referral Magistrate Judge: Andrew W. Austin. (dm, )
August 1, 2011 69 RESPONSE to Motion, filed by Daniel R. Castro, re 62 MOTION to Dismiss filed by Entrepreneur Media, Inc. Right to Use "EntrepreNeurology" as a Descriptor and to Dismiss "Generic" Claim (Castro, Daniel)
August 1, 2011 68 RESPONSE to Motion, filed by Daniel R. Castro, re 62 MOTION to Dismiss filed by Entrepreneur Media, Inc. "Merely Descriptive" Claim and ACPA Claim (Attachments: # 1 Exhibit)(Castro, Daniel)
August 1, 2011 67 RESPONSE to Motion, filed by Daniel R. Castro, re 62 MOTION to Dismiss filed by Entrepreneur Media, Inc. Rule 12(b)(1) Subject Matter Jurisdiction (Castro, Daniel)
August 1, 2011 66 RESPONSE to Motion, filed by Daniel R. Castro, re 62 MOTION to Dismiss filed by Entrepreneur Media, Inc. On First Amendment Claim (Attachments: # 1 Proposed Order, # 2 Exhibit)(Castro, Daniel)
August 1, 2011 65 RESPONSE to Motion, filed by Daniel R. Castro, re 62 MOTION to Dismiss filed by Entrepreneur Media, Inc. (Attachments: # 1 Exhibit, # 2 Exhibit)(Castro, Daniel)
August 1, 2011 64 Unopposed MOTION For Leave to File Separate Responses and For Page Length Extension by Daniel R. Castro. (Castro, Daniel)
July 25, 2011 Opinion or Order 63 ORDER GRANTING 61 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (dm, )
July 19, 2011 62 MOTION to Dismiss by Entrepreneur Media, Inc.. (Attachments: # 1 Proposed Order)(Barry, Jennifer)
July 19, 2011 61 Unopposed MOTION for Leave to Exceed Page Limitation by Entrepreneur Media, Inc.. (Attachments: # 1 Proposed Order)(Barry, Jennifer)
July 5, 2011 60 SECOND AMENDED COMPLAINT against Entrepreneur Media, Inc. amending 1 Complaint filed by Daniel R. Castro. (Attachments: # 1 Exhibits)(klw, )
July 5, 2011 Opinion or Order 59 ORDER GRANTING 57 Motion to Substitute Exhibit in Amended Complaint. Signed by Judge Lee Yeakel. (klw, )
July 5, 2011 Opinion or Order 58 ORDER GRANTING Plaintiff Castro's 37 Motion to Amend Complaint; DISMISSING without Prejudice Castro's 43 Motion to Dismiss for Failure to State a Claim; DISMISSING without Prejudice Castro's 45 Motion to Dismiss EMI's Declaratory Judgment Act Claims; GRANTING Castro's 51 Motion to Extend Page Limits; GRANTING EMI's 53 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (klw, )
June 30, 2011 57 Unopposed MOTION to Substitute Exhibit 1 (and related exhibits) to Motion For Leave to File Second Amended Complaint by Daniel R. Castro. (Attachments: # 1 Exhibit Corrected Second Amended Complaint 6.30.11, # 2 Exhibit Exhibits 1-13 to Second Amended Complaint 6.30.11)(Castro, Daniel)
June 27, 2011 Opinion or Order 56 SCHEDULING ORDER:Final Pretrial Conference set for 9/28/2011 02:00 PM before Judge Lee Yeakel. Amended Pleadings due by 7/30/2011. Discovery due by 11/15/2011. Joinder of Parties due by 7/30/2011. Motions due by 1/30/2012.Signed by Judge Lee Yeakel. (td)
June 27, 2011 55 Minute Entry for proceedings held before Judge Lee Yeakel: Initial Pretrial Conference held on 6/27/2011 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(td)
June 23, 2011 54 Response in Opposition to Motion, filed by Entrepreneur Media, Inc., re 45 Opposed MOTION to Dismiss Under Rule 12(b)(1) For Lack of Subject Matter Jurisdiction filed by Plaintiff Daniel R. Castro, 43 Opposed MOTION to Dismiss Based On Rule 12(b)(6) For Failure to State a Claim filed by Plaintiff Daniel R. Castro (Attachments: # 1 Proposed Order)(Barber, William)
June 23, 2011 53 Unopposed MOTION for Leave to Exceed Page Limitation by Entrepreneur Media, Inc.. (Attachments: # 1 Proposed Order)(Barber, William)
June 20, 2011 52 REPLY to Response to Motion, filed by Daniel R. Castro, re 37 Opposed MOTION to Amend Complaint filed by Plaintiff Daniel R. Castro (Attachments: # 1 Exhibit)(Castro, Daniel)
June 20, 2011 51 Unopposed MOTION To Extend Page Length of Reply Brief by Daniel R. Castro. (Castro, Daniel)
June 20, 2011 50 Miscellaneous Objection to 48 ADR Report - Other Opposition to Plaintiff's ADR Report Requests by Entrepreneur Media, Inc.. (Barry, Jennifer)
June 16, 2011 Opinion or Order 49 ORDER GRANTING 40 Motion to Substitute Exhibit. Signed by Judge Lee Yeakel. (dm, )
June 15, 2011 48 ADR Report Filed - by Daniel R. Castro(Castro, Daniel)
June 15, 2011 47 ADR Report Filed - by Entrepreneur Media, Inc.(Barber, William)
June 13, 2011 Opinion or Order 46 ORDER GRANTING 44 Motion to Extend Page Length. Signed by Judge Lee Yeakel. (dm, )
June 10, 2011 45 Opposed MOTION to Dismiss Under Rule 12(b)(1) For Lack of Subject Matter Jurisdiction by Daniel R. Castro. (Castro, Daniel)
June 9, 2011 44 Unopposed MOTION to Extend Page Length re 43 Opposed MOTION to Dismiss Based On Rule 12(b)(6) For Failure to State a Claim by Daniel R. Castro. (Castro, Daniel)
June 9, 2011 43 Opposed MOTION to Dismiss Based On Rule 12(b)(6) For Failure to State a Claim by Daniel R. Castro. (Castro, Daniel)
June 8, 2011 Opinion or Order 42 ORDER, ( Initial Pretrial Conference set for 6/27/2011 02:30 PM before Judge Lee Yeakel.). Signed by Judge Lee Yeakel. (dm, )
June 8, 2011 41 Response in Opposition to Motion, filed by Entrepreneur Media, Inc., re 37 Opposed MOTION to Amend Complaint filed by Plaintiff Daniel R. Castro (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Barber, William)
June 2, 2011 40 Opposed MOTION to Substitute Exhibits Attached to Motion For Leave to File Second Amended Complaint by Daniel R. Castro. (Attachments: # 1 Exhibit Corrected Second Amended Complaint, # 2 Exhibit Exhbiits to Corrected Second Amended Complaint)(Castro, Daniel)
May 27, 2011 39 Proposed Scheduling Order Agreed Joint by Daniel R. Castro. (Castro, Daniel)
May 26, 2011 38 ANSWER to 4 Amended Complaint with Jury Demand, COUNTERCLAIM against Daniel R. Castro by Entrepreneur Media, Inc..(Barry, Jennifer)
May 25, 2011 37 Opposed MOTION to Amend Complaint by Daniel R. Castro. (Castro, Daniel)
April 28, 2011 Set/Reset Deadlines: Scheduling Recommendations/Proposed Scheduling Order due by 5/27/2011. (td)
April 28, 2011 Opinion or Order 36 ORDER GRANTING 12 Motion to Dismiss... Joint Proposed Scheduling Order due on or before May 27, 2011. Signed by Judge Lee Yeakel. (td)
April 28, 2011 Opinion or Order 35 ORDERED that the portion of Castro's 4 First Amended Complaint that request this Court issue an order suspending the proceedings before the [Trademark Trial and Appeal Board], which the Court construes as a motion to stay proceedings... is DISMISSED WITHOUT PREJUDICE. Signed by Judge Lee Yeakel. (td)
January 19, 2011 Opinion or Order 34 ORDER GRANTING Defendant's 32 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (klw, )
January 18, 2011 33 REPLY to Response to Motion, filed by Entrepreneur Media, Inc., re 12 MOTION to Dismiss filed by Defendant Entrepreneur Media, Inc. (Barber, William)
January 18, 2011 32 Unopposed MOTION for Leave to Exceed Page Limitation by Entrepreneur Media, Inc.. (Attachments: # 1 Proposed Order)(Barber, William)
December 22, 2010 Opinion or Order 31 ORDER GRANTING 26 Motion to Substitute Certificate of Conference and Proposed Order. Signed by Judge Lee Yeakel. (jk, )
December 22, 2010 Opinion or Order 30 ORDER GRANTING 28 Motion for Extension of Time to File Response/Reply. Signed by Judge Lee Yeakel. (jk, )
December 22, 2010 Opinion or Order 29 ORDER GRANTING 16 Motion to File Separate Responses; GRANTING 17 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (jk, )
December 21, 2010 28 MOTION for Extension of Time to File Response/Reply as to 27 Response in Opposition to Motion, by Daniel R. Castro. (Castro, Daniel)
December 21, 2010 27 Response in Opposition to Motion, filed by Entrepreneur Media, Inc., re 17 MOTION for Leave to Exceed Page Limitation 19 ResponseMOTION for Leave to Exceed Page Limitation 19 Response filed by Plaintiff Daniel R. Castro, 16 MOTION to File Separate Responses to 12 Motion to DismissMOTION to File Separate Responses to 12 Motion to Dismiss filed by Plaintiff Daniel R. Castro (Attachments: # 1 Proposed Order)(Barber, William)
December 17, 2010 26 MOTION to Substitute Certificate of Conference and Proposed Order by Daniel R. Castro. (Attachments: # 1 Exhibit)(Castro, Daniel)
December 16, 2010 25 DEFICIENCY NOTICE: to Daniel R. Castro re 24 Unopposed MOTION For Leave to Substitute Certificate of Conference and Proposed Order Related to Castro's Motion For Leave to File Separate Responses to EMI's Motion to Dismiss.(klw, )
December 16, 2010 Notice of Correction: Document 17 was incorrectly filed as a MOTION for leave to file a RESPONSE TO 12 Motion to Dismiss. Clerk has corrected the MOTION type to reflect that this is a MOTION for Leave to Exceed Page Limitation. (klw, )
December 16, 2010 Notice of Correction: Document 16 was incorrectly filed as a RESPONSE. The clerk has CORRECTED this entry to reflect that this is a MOTION to File Separate Responses to 12 Motion to Dismiss. (klw, )
December 15, 2010 24 Unopposed MOTION For Leave to Substitute Certificate of Conference and Proposed Order Related to Castro's Motion For Leave to File Separate Responses to EMI's Motion to Dismiss re 16 Response to Motion by Daniel R. Castro. (Castro, Daniel)
December 15, 2010 23 RESPONSE to Motion, filed by Daniel R. Castro, re 12 MOTION to Dismiss filed by Defendant Entrepreneur Media, Inc. Dealing With Unfair Competition and Unclean Hands (Attachments: # 1 Errata, # 2 Proposed Order)(LaSpina, Mark)
December 15, 2010 22 RESPONSE to Motion, filed by Daniel R. Castro, re 12 MOTION to Dismiss filed by Defendant Entrepreneur Media, Inc. Dealing With Reverse Domain Name Hijacking (Attachments: # 1 Proposed Order)(LaSpina, Mark)
December 15, 2010 21 RESPONSE to Motion, filed by Daniel R. Castro, re 12 MOTION to Dismiss filed by Defendant Entrepreneur Media, Inc. Dealing With Non-Infringement (Attachments: # 1 Exhibit, # 2 Proposed Order)(LaSpina, Mark)
December 15, 2010 20 RESPONSE to Motion, filed by Daniel R. Castro, re 12 MOTION to Dismiss filed by Defendant Entrepreneur Media, Inc. Dealing With Antitrust Claims (Attachments: # 1 Exhibit, # 2 Proposed Order)(LaSpina, Mark)
December 15, 2010 19 RESPONSE to Motion, filed by Daniel R. Castro, re 12 MOTION to Dismiss filed by Defendant Entrepreneur Media, Inc. Dealing With First Amendment Claims (Attachments: # 1 Exhibit, # 2 Proposed Order)(LaSpina, Mark)
December 15, 2010 18 NOTICE of Voluntary Dismissal by Daniel R. Castro Voluntarily Dismissing Only the Claims Listed (LaSpina, Mark)
December 15, 2010 17 MOTION for Leave to Exceed Page Limitation as to 19 RESPONSE to 12 Motion to Dismiss First Amended Claims by Daniel R. Castro. (Attachments: # 1 Proposed Order)(LaSpina, Mark) Modified on 12/16/2010 to correct motion type, add link and correct text (klw, ).
December 15, 2010 16 MOTION to File Separate Responses, filed by Daniel R. Castro, to 12 MOTION to Dismiss filed by Defendant Entrepreneur Media, Inc. (Attachments: # 1 Exhibit Exhibits, # 2 Proposed Order Order)(LaSpina, Mark) Modified on 12/16/2010 create pending 'motion' and correct text (klw, ). (Additional attachment(s) Substituted on 12/22/2010 pursuant to 31 Order: # 3 Amended Certificate of Conference and Proposed Order) (jk, ).
November 24, 2010 Opinion or Order 15 ORDER GRANTING 13 Motion for Extension of Time to File Response. Signed by Judge Lee Yeakel. (dm, )
November 18, 2010 13 MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss by Daniel R. Castro. (Attachments: # 1 Proposed Order)(Castro, Daniel)
November 17, 2010 Opinion or Order 14 ORDER GRANTING 11 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (dm, )
November 15, 2010 12 MOTION to Dismiss by Entrepreneur Media, Inc.. (Attachments: # 1 Proposed Order)(Barber, William)
November 15, 2010 11 Unopposed MOTION for Leave to Exceed Page Limitation by Entrepreneur Media, Inc.. (Attachments: # 1 Proposed Order)(Barber, William)
October 15, 2010 Opinion or Order 10 ORDER GRANTING 9 Motion for Extension of Time to Answer ; Entrepreneur Media, Inc. answer due 11/14/2010. Signed by Judge Lee Yeakel. (dm, )
October 12, 2010 9 Agreed MOTION for Extension of Time to File Answer or Otherwise Plead by Entrepreneur Media, Inc.. (Attachments: # 1 Proposed Order)(Barber, William)
October 8, 2010 Opinion or Order 8 ORDER GRANTING 5 Motion to Appear Pro Hac Vice as to Jennifer Barry. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (dm, )
October 8, 2010 Opinion or Order 7 ORDER GRANTING 6 Motion to Appear Pro Hac Vice as to Perry Viscounty. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (dm, )
October 7, 2010 6 MOTION to Appear Pro Hac Vice by William G. Barber for Perry J. Viscounty ( Filing fee $ 25 receipt number 0542-3122145) by on behalf of Entrepreneur Media, Inc.. (Attachments: # 1 Proposed Order)(Barber, William)
October 7, 2010 5 MOTION to Appear Pro Hac Vice by William G. Barber for Jennifer L. Barry ( Filing fee $ 25 receipt number 0542-3122015) by on behalf of Entrepreneur Media, Inc.. (Attachments: # 1 Proposed Order)(Barber, William)
September 28, 2010 4 AMENDED COMPLAINT against Entrepreneur Media, Inc. amending, filed by Daniel R. Castro.(Castro, Daniel)
September 16, 2010 Case Reassigned to Judge Lee Yeakel. Judge James R. Nowlin no longer assigned to the case. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (klw, )
September 16, 2010 3 Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (klw, )
September 15, 2010 2 Summons Issued as to Entrepreneur Media, Inc. (klw, )
September 15, 2010 DEMAND for Trial by Jury by Daniel R. Castro contained within Complaint. (klw, )
September 15, 2010 1 ORIGINAL COMPLAINT ( Filing fee $ 350 receipt number 100007710), filed by Daniel R. Castro. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet /Receipt)(klw, )
September 15, 2010 Case Assigned to Judge James R. Nowlin. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (tdk, )

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Texas Western District Court's Electronic Court Filings (ECF) System

Search for this case: Castro v. Entrepreneur Media, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Daniel R. Castro
Represented By: Daniel R. Castro
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Entrepreneur Media, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?