Bote LLC v. bote-board.com et al
| Bote LLC and Bote LLC a Florida limited liability company doing business as Boteboard |
| bote-board.com, John Does 1-10, botesboard.com and bote-boards.com |
| 1:2021cv00612 |
| May 18, 2021 |
| US District Court for the Eastern District of Virginia |
| Leonie M Brinkema |
| Michael S Nachmanoff |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 28, 2021. A more recent docket listing may be available from PACER.
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Filing 31
ORDERED that the plaintiffs Motion for Amended Temporary Restraining Order Directing Verisign to Transfer Additional Domain Name [Dkt. No. 28] is DENIED; and it is hereby ORDERED that the hearing noticed for July 2, 2021 be and is CANCELLED. Signed by District Judge Leonie M. Brinkema on 06/28/2021. (jlan)
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| Set Deadlines as to #28 MOTION for Temporary Restraining Order . Motion Hearing set for 7/2/2021 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) |
| Filing 30 Memorandum in Support re #28 MOTION for Temporary Restraining Order filed by Bote LLC. (Pennington, Edward) |
| Filing 29 Notice of Hearing Date re #28 MOTION for Temporary Restraining Order (Pennington, Edward) |
| Filing 28 MOTION for Temporary Restraining Order by Bote LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Pennington, Edward) |
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Filing 27
ORDER:For the reasons stated in open court, it is hereby ORDERED that if no defendant has been served within 180 days of the date of thisOrder, plaintiff Bote LLC file a status report explaining why no defendant has been served and whether plaintiff intends to continue pursuing this civil action.Signed by District Judge Leonie M. Brinkema on 6/25/21. (yguy)
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| Filing 26 Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 6/25/2021. Appearance of pltf counsel. Deft was not present. Court advised of case status. Per counsel TRO previously entered covers everything needed. Counsel to provide the court with status report after 180 days. (order to follow) (Court Reporter A. Thomson.)(yguy) |
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Filing 25
ORDER Granting #23 Motion for Limited Discovery Necessary to Identify and Serve Doe Defendants (See Order for Further Details). Signed by District Judge Leonie M. Brinkema on 06/25/2021. (choy, )
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| Filing 24 Memorandum in Support re #23 MOTION for Discovery filed by Bote LLC. (Pennington, Edward) |
| Filing 23 MOTION for Discovery by Bote LLC. (Attachments: #1 Proposed Order)(Pennington, Edward) |
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Filing 22
ORDERED that Plaintiff's Motion for a Temporary Restraining Order is GRANTED #19 ; that Verisign, Inc., located at 21355 Ridgetop Circle, Lakeside III, Dulles, Virginia 20166, shall take all steps necessary to divest the present registrant and owner of its registration, ownership, and control of the Defendant Domain Names BOTESBOARD.COM, BOTE-BOARDS.COM, and such additional domain names in the ".com" domain containing or confusingly similar to Plaintiff's BOTE and BOTEBOARD trademarks as may be brought by Plaintiff to Verisign's attention that are registered and used by the John Doe Defendants for a copycat attack against Plaintiff and its trademarks; that Verisign, Inc., located at 21355 Ridgetop Circle, Lakeside III, Dulles Virginia 20166, shall take all steps necessary to promptly assign registration, ownership, and control of the Defendant Domain Names BOTESBOARD.COM, BOTE-BOARD.COM, and such additional domain names in the ".com" domain containing or confusingly similar to Plaintiff's BOTE and BOTEBOARD trademarks as may be brought by Plaintiff to Verisign's attention that are registered and used by the John Doe Defendants for a copycat attack against Plaintiff and its trademarks, to Plaintiff Bote LLC, a Florida limited liability company located at 505 Mary Esther Cut Off NW, Fort Walton Beach, Florida 32548, using a registrar of Plaintiffs choosing; that Verisign, Inc., located at 21355 Ridgetop Circle, Lakeside III, Dulles, Virginia 20166, shall change the registrar of record for the Defendant Domain Names BOTESBOARD.COM, BOTE-BOARDS.COM, and such additional domain names in the ".com" domain containing or confusingly similar to Plaintiff's BOTE and BOTEBOARD trademarks as may be brought by Plaintiff to Verisign's attention that are registered and used by the John Doe Defendants for a copycat attack against Plaintiff and its trademarks, to 1&1 Ionos SE, c/o compliance@ionos.de; As plaintiff has already posted a bond in the amount of $500 pursuant to Rule 65(c), Fed. R.Civ. P., no further bond is required; Plaintiff is further ORDERED to cause a copy of this Order to be published in the Washington Post of the Washington Times within 14 days of this Order; to provide a copy of this Order to Verisign, Inc., in addition to 1&1; pursuant to Rule 65(b)(3), Fed. R. Civ. P., that a hearing on this matter is SCHEDULED for Friday June 25, 2021 at 9:30 a.m. to address whether it is appropriate to convert this temporary restraining order to a preliminary injunction. Signed by District Judge Leonie M. Brinkema on 06/16/2021. (choy, )(c/s on 06/17/2021)
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Filing 21
ORDER Granting #20 Plaintiff's Motion for Preliminary Injunction (See Order for Further Details). Signed by District Judge Leonie M. Brinkema on 06/16/2021. (choy, )
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| Set Hearing: Motion Hearing set for 6/25/2021 at 09:30 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (choy, ) |
| Filing 20 MOTION for Preliminary Injunction proposed order granting motion for preliminary injunctioin by Bote LLC. (Pennington, Edward) |
| Filing 19 MOTION for Temporary Restraining Order proposed amended order by Bote LLC. (Pennington, Edward) |
| Filing 18 Amended MOTION for Temporary Restraining Order proposed amended order by Bote LLC. (Pennington, Edward) |
| Filing 17 AMENDED COMPLAINT against All Defendants, filed by Bote LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Errata)(Pennington, Edward) |
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Filing 16
ORDER: For the reasons stated in open court. Plaintiffs Motion for Preliminary Injunction [Dkt.No. 3], Supplemental Motion for Preliminary Injunction [Dkt. No. 11], and Ex Parte Motion forAmendment to May 21 Order and Leave to Amend Complaint [Dkt. No. 12] are GRANTED;and it is hereby ORDERED that plaintiff promptly file an Amended Complaint consistent with what was discussed in open court.. Signed by District Judge Leonie M. Brinkema on 6/4/21. (yguy)
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| Filing 15 Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 6/4/2021. Appearance of pltf counsel. Deft did not appear. Court advised of case status. Pltf's #14 MOTION amended TRO and complaint, #11 Supplemental MOTION for Preliminary Injunction proposed order granting motion for preliminary injunction, #12 MOTION amendment to previously granted temporary restraining order are GRANTED. Counsel granted leave to file another amended complaint. Counsel also directed to submit a revised order. (Court Reporter A. Thomson.)(yguy) |
| Filing 14 MOTION amended TRO and complaint re #12 MOTION amendment to previously granted temporary restraining order re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #4 Memorandum in Support, #8 Temporary Restraining Order,,,,,,,, #11 Suppl proposed amended complaint by Bote LLC. (Pennington, Edward) |
| Filing 13 Memorandum in Support re #12 MOTION amendment to previously granted temporary restraining order re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #4 Memorandum in Support, #8 Temporary Restraining Order,,,,,,,, #11 Suppl filed by Bote LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Pennington, Edward) |
| Filing 12 MOTION amendment to previously granted temporary restraining order re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #4 Memorandum in Support, #8 Temporary Restraining Order,,,,,,,, #11 Supplemental MOTION for Preliminary Injunction proposed order granting motion for preliminary injunctioin by Bote LLC. (Pennington, Edward) |
| Filing 11 Supplemental MOTION for Preliminary Injunction proposed order granting motion for preliminary injunctioin by Bote LLC. (Pennington, Edward) |
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Filing 10
ORDER granting #6 Motion for Pro hac vice Appointed Bruce Alexander McDonald for Bote LLC. Signed by District Judge Leonie M. Brinkema on 05/24/2021. (clar, )
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| Filing 9 Reply to #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #4 Memorandum in Support, #8 Temporary Restraining Order,,,,,,,, Bond on Injunction filed by Bote LLC. (Pennington, Edward) |
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Filing 8
TEMPORARY RESTRAINING ORDER: it is hereby (1) ORDERED that Plaintiffs motion for a temporary restraining order is GRANTED. (2) ORDERED that Verisign, Inc., located.at 21355 Ridgetop Circle, Lakeside III, Dulles, Virginia 20166, shall take all steps necessary to divest the present registrant and owner ofits registration, ownership, and control of the Defendant Domain Name BOTE-BOARD.COM; (3) ORDERED that. Verisign, Inc., located at 21355 Ridgetop Circle, Lakeside III, Dulles, Virginia 20166, shall take a11 steps necessary to promptly assign registration, ownership, and control of the Defendant Domain Name BOTE-BOARD.COM to Plaintiff Bote LLC, a Florida limited liability company located at 505 Mary Esther Cut Off NW, Fort Walton Beach, Florida 32548, using a registrar of Plaintiffs choosing; (4) Specifically, it is hereby ORDERED that Verisign, Inc., located at 21355 Ridgetop Circle, Lakeside III, Dulles, Virginia 20166, shall change the registrar of record for the Defendant Domain Name BOTE-BOARD.COM to 1 & 1 Ionos SE, c/o compliance@ionos.de.(l&l). l&l is then ordered to take the necessary steps to register the Defendant Domain Nameto Plaintiff Bote LLC. (5) The Plaintiff is further ORDERED to post a bond or surety in the amount of $500 by close of business on the business day following service of this Order, pursuant to Rule 65(c), Fed. R. Civ. P.;(6) The Plaintiff is further ORDERED to cause a copy of this Order to be published in the Washington Post or the Washington Times within 14 days of this Order; (7) The Plaintiff is further ORDERED to provide a copy of this Order to Verisign, Inc., in addition to l&l; (8) It is further ORDERED, pursuant to Rule 65(b)(3), Fed. R. Civ. P., that a hearing on this matter is SCHEDULED for Friday, June 4, 2021 at 10:00 a.m. to address whether it is appropriate to convert this temporary restraining order to a preliminary injunction. (see order for details). Signed by District Judge Leonie M. Brinkema on 5/21/21. (yguy)
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| Filing 7 Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 5/21/2021. Appearance of pltf counsel. Deft did not appear. Pltf #3 MOTION for Temporary Restraining Order is argued and GRANTED. Pltf to post $500.00 bond by close of business today. Preliminary Injunction hearing 6/4/21 at 10:00am. (Court Reporter A. Thomson.)(yguy) |
| Filing 6 Motion to appear Pro Hac Vice by Bruce A. McDonald and Certification of Local Counsel Edward A. Pennington Filing fee $ 75, receipt number AVAEDC-7801351. by Bote LLC. (Pennington, Edward) |
| Alexandria Set/Reset Hearings: Preliminary Injunction Hearing set for 6/4/2021 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (yguy) |
| Set Deadlines as to #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . Motion Hearing set for 5/21/2021 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) |
| Case Reassigned to District Judge Leonie M. Brinkema. District Judge T. S. Ellis, III no longer assigned to the case. (aott, ) |
| Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge Michael S. Nachmanoff. (choy, ) |
| Filing 5 Notice of Hearing Date set for May 21, 2021 re #4 Memorandum in Support, #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Pennington, Edward) |
| Filing 4 Memorandum in Support re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Bote LLC. (Pennington, Edward) |
| Filing 3 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Bote LLC. (Attachments: #1 Proposed Order)(Pennington, Edward) |
| Filing 2 Corporate Disclosure Statement by Bote LLC. (Pennington, Edward) |
| Filing 1 Complaint Verified ( Filing fee $ 402, receipt number AVAEDC-7795638.), filed by Bote LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Civil Cover Sheet)(Pennington, Edward) |
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