Chooseco LLC v. Netflix, Inc. Featured Case

Plaintiff Chooseco LLC owns several federally registered trademarks that include the word mark CHOOSE YOUR OWN ADVENTURE. The plaintiff sued Defendant Netflix, Inc. for trademark infringement, unfair competition, false designation of origin, and dilution under the Trademark Act of 1946 because plaintiff's interactive film Black Mirror: Bandersnatch allegedly refers to a fictional book as a "Choose Your Own Adventure" book.

Plaintiff: Chooseco LLC
Defendant: Netflix, Inc.
Case Number: 2:2019cv00008
Filed: January 11, 2019
Court: US District Court for the District of Vermont
Presiding Judge: William K Sessions
Nature of Suit: Trademark
Cause of Action: 15:1051
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 11, 2020 Opinion or Order Filing 31 OPINION AND ORDER denying #18 Motion to Dismiss for Failure to State a Claim; granting #26 Motion for Leave to File a Sur-Reply. Signed by Judge William K. Sessions III on 2/11/2020. (jam)
December 4, 2019 Filing 30 NOTICE of Hearing re: #18 MOTION to Dismiss #14 Amended Complaint for Failure to State a Claim, #26 MOTION for Leave to File Sur-Reply Based on New Facts re #18 MOTION to Dismiss #14 Amended Complaint for Failure to State a Claim. Motion Hearing set for 12/16/2019 at 01:30 PM in Burlington Courtroom 110 before Judge William K. Sessions III.(jam)
August 8, 2019 Filing 29 REPLY to Response to #26 MOTION for Leave to File Sur-Reply Based on New Facts re #18 MOTION to Dismiss #14 Amended Complaint for Failure to State a Claim filed by Chooseco LLC. (Smith, Jr., Shapleigh)
August 2, 2019 Filing 28 NOTICE OF DOCKET ENTRY UPDATE re: #27 Response in Opposition to Motion filed by Netflix, Inc. Exhibit D has been received and is now on file with Clerk's Office. (law)
August 2, 2019 Filing 27 RESPONSE in Opposition re #26 MOTION for Leave to File Sur-Reply Based on New Facts re #18 MOTION to Dismiss #14 Amended Complaint for Failure to State a Claim filed by Netflix, Inc.. (Attachments: #1 Declaration of Seth D. Berlin, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D (DVD on file with Clerk's Office)(Berlin, Seth)
July 19, 2019 Filing 26 MOTION for Leave to File Sur-Reply Based on New Facts re #18 MOTION to Dismiss #14 Amended Complaint for Failure to State a Claim filed by Chooseco LLC. (Attachments: #1 Exhibit A)(Smith, Jr., Shapleigh) Link added on 7/19/2019 (law).
July 12, 2019 Filing 25 REPLY to Response to #18 MOTION to Dismiss #14 Amended Complaint for Failure to State a Claim filed by Netflix, Inc.. (Berlin, Seth)
May 31, 2019 Filing 24 RESPONSE in Opposition re #18 MOTION to Dismiss #14 Amended Complaint for Failure to State a Claim filed by Chooseco LLC. (Smith, Jr., Shapleigh)
April 17, 2019 Opinion or Order Filing 23 ORDER granting #21 STIPULATED MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss #14 Amended Complaint for Failure to State a Claim , granting #22 CONSENTED-TO MOTION to Defer Filing a Proposed Discovery Schedule . Signed by Judge William K. Sessions III on 4/17/2019. (This is a text-only Order.) (eae)
April 11, 2019 Filing 22 CONSENTED-TO MOTION to Defer Filing a Proposed Discovery Schedule filed by Chooseco LLC.(Smith, Jr., Shapleigh)
April 11, 2019 Filing 21 STIPULATED MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss #14 Amended Complaint for Failure to State a Claim filed by Chooseco LLC.(Smith, Jr., Shapleigh)
March 29, 2019 Filing 20 STIPULATED DISCOVERY LETTER SENT re: no stipulated discovery schedule filed; case will be set for a scheduling conference unless stipulated schedule is filed. (jam)
March 21, 2019 Filing 19 CORPORATE DISCLOSURE STATEMENT pursuant to Local Rule 7.1(a) by Netflix, Inc. (Berlin, Seth)
March 21, 2019 Filing 18 MOTION to Dismiss #14 Amended Complaint for Failure to State a Claim filed by Netflix, Inc.. (Attachments: #1 Memorandum in Support)(Berlin, Seth)
March 11, 2019 Filing 17 MAIL RETURNED as Undeliverable re: 13 Order on Motion for Admission Pro Hac Vice, Order on Motion to Amend/Correct. Mail sent to Catherine L. Seibel, Esq. (Attachments: #1 Document 13) (jam)
March 6, 2019 Opinion or Order Filing 16 ORDER granting #15 Stipulated Motion for Extension of Time to Answer re #14 Amended Complaint. Netflix, Inc. answer due 3/21/2019 ; granting #15 Stipulated Motion to Exceed Page Limit. Signed by Judge William K. Sessions III on 3/6/2019. (This is a text-only Order.) (eae) Text clarified on 3/7/2019 (jlh).
March 5, 2019 Filing 15 STIPULATED MOTION for Extension of Time to File Answer re: #14 Amended Complaint and STIPULATED MOTION for Leave to Exceed Page Limit for Motion to Dismiss and Opposition by Five Pages, if Necessary filed by Netflix, Inc. (Attachments: #1 Certificate of Service)(Hemley, Robert) Event, text clarified, Added MOTION for Leave to Exceed Page Limit on 3/5/2019 (law).
February 26, 2019 Filing 14 AMENDED COMPLAINT against Netflix, Inc. filed by Chooseco LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(jam)
February 26, 2019 Opinion or Order Filing 13 ORDER granting #9 Motion for Admission Pro Hac Vice of Paul J. Safier; granting #10 Motion for Admission Pro Hac Vice of Seth D. Berlin; granting #11 Motion for Admission Pro Hac Vice of Catherine I. Seibel; granting as unopposed #12 Motion to Amend/Correct the Complaint. Signed by Judge William K. Sessions III on 2/26/2019. (This is a text-only Order.) (eae)
February 25, 2019 Filing 12 CONSENTED-TO MOTION to Amend #1 Complaint filed by Chooseco LLC.(Smith, Jr., Shapleigh) (Additional attachment(s) added on 3/1/2019: #1 Proposed Amended Complaint, #2 Red-lined Amended Complaint) (jlh).
February 19, 2019 Filing 11 MOTION for Appearance Pro Hac Vice of Catherine I. Seibel filed by Netflix, Inc. (Attachments: #1 Affidavit of Catherine I. Seibel, #2 Exhibit A)(jlh)
February 19, 2019 Filing 10 MOTION for Appearance Pro Hac Vice of Seth D. Berlin filed by Netflix, Inc. (Attachments: #1 Affidavit of Seth D. Berlin, #2 Exhibit A, #3 Certificate of Service)(jlh)
February 19, 2019 Filing 9 MOTION for Appearance Pro Hac Vice of Paul J. Safier filed by Netflix, Inc. (Attachments: #1 Affidavit of Paul J. Safier, #2 Exhibit A)(jlh)
January 28, 2019 Opinion or Order Filing 8 ORDER granting #7 STIPULATED MOTION for Extension of Time to Respond to Complaint #1 . Signed by Judge William K. Sessions III on 1/28/2019. (This is a text-only Order.) (eae)
January 28, 2019 Filing 7 STIPULATED MOTION for Extension of Time to File Answer re #1 Complaint filed by Netflix, Inc.. (Attachments: #1 Certificate of Service)(Hemley, Robert)
January 28, 2019 Filing 6 NOTICE OF APPEARANCE by Robert B. Hemley, Esq on behalf of Netflix, Inc.. (Attachments: #1 Certificate of Service)(Hemley, Robert)
January 11, 2019 Filing 5 SUMMONS RETURNED Executed. Netflix, Inc. served on 1/11/2019, answer due 2/1/2019.(Smith, Jr., Shapleigh) Party served corrected on 1/11/2019 (law).
January 11, 2019 Filing 4 NOTICE OF APPEARANCE by Kendall A. Hoechst, Esq on behalf of Chooseco LLC.(law)
January 11, 2019 Filing 3 NOTICE OF APPEARANCE by Shapleigh Smith, Jr., Esq on behalf of Chooseco LLC.(law)
January 11, 2019 Filing 2 MAILED Form AO 120 to U.S. Patent and Trademark Office (Document image is sealed). (law)
January 11, 2019 Filing 1 COMPLAINT against Netflix, Inc. filed by Chooseco LLC. Summons issued. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(law)
January 11, 2019 Filing 1 COMPLAINT against Netflix, Inc. filed by Chooseco LLC. Summons issued. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(law)

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Plaintiff: Chooseco LLC
Represented By: Shapleigh Smith, Jr., Esq.
Represented By: Kendall A. Hoechst, Esq.
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Defendant: Netflix, Inc.
Represented By: Robert B. Hemley, Esq.
Represented By: Paul J. Safier, Esq.
Represented By: Seth D. Berlin, Esq.
Represented By: Catherine I. Seibel, Esq.
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