Derma Pen v. 4EverYoung Limited et al
| Derma Pen |
| 4EverYoung Limited, DermapenWorld, BioSoft, Equipmed International and Stene Marshall |
| 2:2013cv00729 |
| August 1, 2013 |
| US District Court for the District of Utah |
| Central Office |
| Salt Lake |
| Brooke C. Wells |
| Trademark |
| 15 U.S.C. ยง 1114 Trademark Infringement |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
1306
MEMORANDUM DECISION AND ORDER granting 1295 Motion for Attorney Fees in favor of Joel Marshall, Sasha Marshall, and DP Derm and against Derma Pen and Derma Pen IP Holdings, jointly and severally, in the total amount of $190,328.75. Signed by Judge David Nuffer on 7/8/19 (alt)
|
|
Filing
1244
MEMORANDUM DECISION AND ORDER denying without prejudice 1231 Motion in Limine; denying without prejudice 1232 Motion in Limine. Signed by Judge David Nuffer on 12/11/18 (alt)
|
|
Filing
1143
MEMORANDUM DECISION AND ORDER denying without prejudice 1139 Motion to Enforce Permanent Injunction. Signed by Judge David Nuffer on 6/8/18 (alt)
|
|
Filing
1108
MEMORANDUM DECISION AND ORDER granting 1060 Derma Pen, LLCs Application for Writ of Garnishment; denying 1059 Michael Anderers Application for Writ of Garnishment; finding as moot 1053 Application for Writ; finding as moot 1061 Michael Anderers Application for Writ of Execution. IT IS FURTHER HEREBY ORDERED that the $50,137.38 being held in the courts registry will remain in the registry until the resolution of the appeal. IT IS FURTHER HEREBY ORDERED that ther e shall be a stay of 30 days from the entry of this order before the $140,000 is released to Derma Pen, LLC. Prior to the stay being lifted, Derma Pen shall provide the court with a current address for remittance of the $140,000. Signed by Judge David Nuffer on 9/1/2017. (jds)
|
|
Filing
1050
MEMORANDUM DECISION AND ORDER denying 946 Motion to Vacate Contempt Orders; denying 1014 Motion for Release of Funds as Damages; denying 1024 Motion to Intervene; denying 1024 Motion to Enforce Judgment. 21 days from the entry of this order - barring valid collection proceedings or other action to stay - clerk shall release the $140,000.00 held in the court's registry back to 4EverYoung Limited. Signed by Judge David Nuffer on 6/7/17 (alt)
|
|
Filing
1049
**REDACTED VERSION OF 1046 FINDINGS OF FACT AND CONCLUSIONS OF LAW/ORDER** granting 938 Plaintiff's MOTION to Strike MOTION for Entry of Default as to 4EverYoung Limited, BioSoft (AUST) Pty Ltd, Equipmed International Pty Ltd, and Stene Marshall, MOTION for Default Judgment as to defendant(s) 4EverYoung Limited, BioSoft (AUST) Pty Ltd, Equipmed International Pty Ltd, and Stene Marshall; 943 Plaintiff's MOTION for Findings of Fact and Conclusions of Law; [9 52] MOTION for Sanctions; 944 Plaintiff's MOTION for Attorney Fees; 945 MOTION for Attorney Fees; 1015 MOTION for Attorney Fees and Award of Costs; 1017 MOTION for Attorney Fees;finding as moot 651 MOTION in Limine to Exclude Derma Pen 's Valuation Expert Reports and Testimony; 706 MOTION to Stay re 651 MOTION in Limine to Exclude Derma Pen's Valuation Expert Reports and Testimony; and awarding damages, injunctive relief and atty fees and costs. Signed by Judge David Nuffer on 5/9/17 (alt) Modified on 5/22/2017: added links to all related motions (alt)
|
|
Filing
1041
MEMORANDUM DECISION AND ORDER denying 1023 Motion to Strike Proposed Findings of Fact and Conclusions of Law; denying 1033 Motion to Strike in Part Proposed Final Judgment. Signed by Judge David Nuffer on 5/8/17 (alt)
|
|
Filing
928
MEMORANDUM DECISION AND ORDER - granting in full 910 Renewed Motion to Strike Pleadings, Dissolve Preliminary Injunction, and Dismiss Counterclaim Due to Failure to Appear or Appoint Counsel and 912 Motion to Strike ;finding as moot 790 Counterclaim Defendants 12(b)(6) Motion to Dismiss for Failure to State a Claim ; finding as moot 886 Counterclaim Defendants 12(c) Motion for Judgment on the Pleadings ; finding as moot 922 Motion to Enforce the Orders. Signed by Judge David Nuffer on 8/29/2016. (jds)
|
|
Filing
888
MEMORANDUM DECISION AND ORDER granting 799 Motion for More Definite Statement. Counterclaim Plaintiffs 4EverYoung and Equipmed are to issue a more definite statement of any claims against Defendant DPIPH in the Fourth Amended Counterclaim within 14 days from the date of this Order. Signed by Magistrate Judge Evelyn J. Furse on 5/24/16 (alt)
|
|
Filing
763
MEMORANDUM DECISION AND ORDER OF CONTEMPT holding Michael E. Anderer in contempt of court for violating February 2015 Preliminary Injunction. Signed by Judge David Nuffer on 4/15/15 (alt)
|
|
Filing
748
WRITTEN MEMORANDUM DECISION AND ORDER re 656 Minute Entry/Order denying 618 Motion (oral order of 3/5/15). Signed by Judge David Nuffer on 4/7/15 (alt) Modified on 4/7/2015: added link to 618 Motion (alt)
|
|
Filing
634
CORRECTED MEMORANDUM DECISION AND ORDER granting in part and denying in part 504 Motion for Preliminary Injunction; denying 529 Motion to Vacate. PRELIMINARY INJUNCTION entered against Michael E. Anderer: 4EverYoung must post $120,000 additional security for the issuance of this preliminary injunction on or before 3/5/15. Signed by Judge David Nuffer on 2/26/15 (alt)
|
|
Filing
630
MEMORANDUM DECISION AND ORDER granting in part and denying in part 504 Motion for Preliminary Injunction; denying 529 Motion to Vacate. Signed by Judge David Nuffer on 2/25/15 (alt)
|
|
Filing
589
MEMORANDUM DECISION ORDER in partial resolution of ORAL MOTION ENTERED ON THE RECORD ON 2/12/2015 DURING HEARING BEFORE JUDGE DAVID NUFFER. Points argued February 13, 2015 regarding alleged failure to prove elements of 4EverYoung's likelihood of success are decided against Derma Pen at this stage, before presentation of its evidence. Argument on other issues will proceed tomorrow as scheduled. Signed by Judge David Nuffer on February 16, 2015. (DN)
|
|
Filing
565
ORDER denying 560 Motion to Vacate Non Jury Valuation Hearing. The valuation hearing will start today, February 6, 2015, at 9:00 a.m.Signed by Judge David Nuffer on February 6, 2015. (DN)
|
|
Filing
535
MEMORANDUM DECISION ORDER NARROWING ISSUES re 532 MOTION to Continue Valuation Hearing and Memorandum in Support and Objection to Denial of Due Process filed by Derma Pen. Signed by Judge David Nuffer on January 30, 2015. (DN)
|
|
Filing
505
ORDER taking under advisement 504 Motion for Preliminary Injunction; granting 504 Motion for TRO. Third-Party Defendant Michael E. Anderer, his agents, servants, employees, and attorneys, and those acting in concert with th em (collectively, the Enjoined Parties) shall not transfer nor sale the trademark and domain name to anyone other than 4EverYoung, including by virtue of the Public Sale scheduled for January 22, 2015, at 8:00 a.m.Further hearing on this Temporary Restraining Order is set for January 29, 2015 at 9:00 a.m. See order for details. Signed by Judge David Nuffer on January 21, 2015. (DN)
|
|
Filing
476
MEMORANDUM DECISION AND ORDER granting 241 Motion for Partial Summary Judgment on Specific Performance; granting in part 141 Motion for Preliminary Injunction; Trial date of 2/2/15 is vacated; Evidentiary Hearing to determine the value of the Trademark and Domain Name is set for 2/2-13/2015, beginning each day at 09:00 AM in Rm 3.100 before Judge David Nuffer. Signed by Judge David Nuffer on 1/12/15 (alt)
|
|
Filing
465
MEMORANDUM DECISION AND ORDER granting 240 Motion for Partial Summary Judgment Directed Against Derma Pen's Defenses to Specific Performance. Signed by Judge David Nuffer on 12/30/14 (alt)
|
|
Filing
451
MEMORANDUM DECISION AND ORDER granting in part 141 Motion for TRO, 141 Motion for Preliminary Injunction - ruling is reserved on the balance of relief sought; Motion Hearing re 141 MOTION for Preliminary Injunction set for 1/6/2015 at 09:00 AM in Rm 3.100 before Judge David Nuffer. This order shall dissolve unless Defendants post security in the amount of $10,000 on or before 12/29/14. Signed by Judge David Nuffer on 12/23/14 (alt)
|
|
Filing
417
ORDER granting 324 Motion in Limine to Exclude Evidence of Alleged Customer Confusion and Allegedly False or Disparaging Statements to Customers. Signed by Judge David Nuffer on August 6, 2014. (DN)
|
|
Filing
397
ORDER granting 238 Motion for Summary Judgment on the remedy of rescission. Signed by Judge David Nuffer on August 4, 2014. (DN)
|
|
Filing
290
ORDER denying 268 Motion to Stay. Signed by Judge David Nuffer on July 18, 2014. (DN)
|
|
Filing
213
MEMORANDUM DECISION and Order re: Choice of Law for August 2014 Proceedings-See Order for details. Signed by Judge David Nuffer on 6/26/14. (jmr)
|
|
Filing
207
MEMORANDUM DECISION and ORDER regarding trial set August 2014 on limited issues. Signed by Judge David Nuffer on June 24, 2014. (DN)
|
|
Filing
180
MEMORANDUM DECISION AND ORDER granting in part and denying in part 171 Short Form Discovery Motion. Signed by Magistrate Judge Evelyn J. Furse on 6/3/14 (alt)
|
|
Filing
178
MEMORANDUM DECISION AND ORDER Outlining Issues for 4/1/14 Proceedings (if necessary). Signed by Judge David Nuffer on 6/2/14 (alt)
|
|
Filing
155
MEMORANDUM DECISION and ORDER Re: Expedited Schedule on Rescission Claims and Trademark Rights and Staying All Other Issues in the Case. Written Discovery due by 6/5/14. Fact Discovery due by 6/13/2014. 3 Day Bench Trial set for 6/25 /2014 08:30 AM in Rm 3.100 before Judge David Nuffer. Motion Hearing set for 7/1/2014 08:30 AM in Rm 3.100 before Judge David Nuffer as to 141 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (if rescission denied). (See order for additional deadlines.) Signed by Judge David Nuffer on 5/14/2014. (jwt)
|
|
Filing
89
MEMORANDUM DECISION AND ORDER STAYING CASE until a court in the United Kingdom resolves the dispute between the parties regarding claims arising directly under the Sales Distribution Agreement. Signed by Judge David Nuffer on 11/20/13 (alt)
|
|
Filing
70
WRITTEN MEMORANDUM DECISION AND ORDER following 65 Minute Order on Motion for TRO, Motion for Preliminary Injunction (oral order of 10/24/13). Signed by Judge David Nuffer on 10/29/13 (alt) Modified on 10/29/2013: added link to 11 Motion (alt)
|
|
Filing
26
ORDER re 21 Minute Order. Proceedings held before Judge David Nuffer and 12 MOTION to Expedite Discovery and Memorandum in Support, The parties may participate in discovery as outlined in this order. Plaintiff Derma Pen shall file proof of service of this order by the best available means. Signed by Judge David Nuffer on October 10, 2013. (DN)
|
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 Utah District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
