Tristate Roofing Inc v. Achten's Quality Roofing & Construction Inc
Plaintiff: Tristate Roofing Inc
Defendant: Achten's Quality Roofing & Construction, Inc. and Achten's Quality Roofing & Construction Inc
Case Number: 3:2022cv05835
Filed: October 31, 2022
Court: US District Court for the Western District of Washington
Presiding Judge: Robert J Bryan
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114 Trademark Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 23, 2022 Filing 25 TRANSCRIPT REQUEST by Defendant Achten's Quality Roofing & Construction Inc for proceedings held on 12/15/2022 re 22 Motion Hearing,. Requesting Attorney: Christopher James Lindemeier.Posting of this Transcript Order form does not constitute an official request for transcript(s). If you have not already done so, you MUST contact the individual court reporter(s), Angela Nicolavo (angela_nicolavo@wawd.uscourts.gov, 253-882-3832) to make payment arrangements and secure your desired delivery time. (Lindemeier, Christopher)
December 23, 2022 Filing 24 ANSWER to #21 Amended Complaint, by Achten's Quality Roofing & Construction Inc.(Lindemeier, Christopher)
December 15, 2022 Opinion or Order Filing 23 ORDER on #3 Motion for Preliminary Injunction signed by Judge Robert J. Bryan. (TC)
December 15, 2022 Filing 22 MINUTE ENTRY for proceedings held before Judge Robert J. Bryan- Dep Clerk: Tyler Campbell; Pla Counsel: John Bamert, Kevin Regan; Def Counsel: Christopher Lindemeier, Michael Chait; CR: Angela Nicolavo; Time of Hearing: 9:55; Motion Hearing held on 12/15/2022 re #3 MOTION for Preliminary Injunction filed by Tristate Roofing Inc via Zoom. Argument by counsel. Order to be issued. (TC)
December 12, 2022 Filing 21 AMENDED COMPLAINT against All Defendants, filed by Tristate Roofing Inc. (Attachments: #1 Exhibit U.S. Service-Mark Registration No. 5,294,365, #2 Exhibit Service-Mark Assignment, #3 Exhibit Acknowledgements of Tristate Rights, #4 Exhibit Use of Accused Mark(s), #5 Exhibit Demand Letter to Defendant, #6 Exhibit Defendant Refusal to Cease Infringement)(Bamert, John)
December 8, 2022 Filing 20 NOTICE of Hearing on Motion re #3 MOTION for Preliminary Injunction: Motion Hearing set for 12/15/2022 at 10:00 AM before Judge Robert J. Bryan via Zoom. (TC)
November 28, 2022 Filing 19 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Shirley-Baker, LLC for Achten's Quality Roofing & Construction Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Achten's Quality Roofing & Construction Inc (Lindemeier, Christopher)
November 28, 2022 Filing 18 ANSWER to #1 Complaint,,, by Achten's Quality Roofing & Construction Inc.(Lindemeier, Christopher)
November 26, 2022 Filing 17 AFFIDAVIT of Service of Summons and Complaint on Achten's Quality Roofing & Construction, Inc. on 11/3/2022, filed by Plaintiff Tristate Roofing Inc. (Attachments: #1 Exhibit Zanotelli Declaration re Service)(Bamert, John)
November 25, 2022 Filing 16 REPLY, filed by Plaintiff Tristate Roofing Inc, TO RESPONSE to #3 MOTION for Preliminary Injunction (Bamert, John)
November 21, 2022 Filing 15 DECLARATION of Lisa Vu with Exhibits 1-2 filed by Defendant Achten's Quality Roofing & Construction Inc re #3 MOTION for Preliminary Injunction (Lindemeier, Christopher)
November 21, 2022 Filing 14 DECLARATION of Justin Shirley with Exhibits 1-8 filed by Defendant Achten's Quality Roofing & Construction Inc re #3 MOTION for Preliminary Injunction (Lindemeier, Christopher)
November 21, 2022 Filing 13 DECLARATION of John Achten with Exhibits 1-13 filed by Defendant Achten's Quality Roofing & Construction Inc re #3 MOTION for Preliminary Injunction (Lindemeier, Christopher)
November 21, 2022 Filing 12 DECLARATION of Chris J. Lindemeier with Exhibits 1-10 filed by Defendant Achten's Quality Roofing & Construction Inc re #3 MOTION for Preliminary Injunction (Lindemeier, Christopher)
November 21, 2022 Filing 11 RESPONSE, by Defendant Achten's Quality Roofing & Construction Inc, to #3 MOTION for Preliminary Injunction . Oral Argument Requested. (Attachments: #1 Proposed Order)(Lindemeier, Christopher)
November 9, 2022 Filing 10 NOTICE of Appearance by attorney Duncan Manville on behalf of Defendant Achten's Quality Roofing & Construction Inc. (Manville, Duncan)
November 9, 2022 Attorneys Michael Eliott Chait, Christopher James Lindemeier added for Achten's Quality Roofing & Construction Inc; per #10 Notice of Appearance. (MW)
November 2, 2022 Opinion or Order Filing 9 ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT. FRCP 26(f) Conference Deadline is 1/17/2023, Initial Disclosure Deadline is 1/24/2023, Joint Status Report due by 1/31/2023. Authorized by Judge Robert J. Bryan. (JL)
November 2, 2022 Opinion or Order Filing 8 ORDER REGARDING DISCOVERY AND DEPOSITIONS. Authorized by Judge Robert J. Bryan. (JL)
November 2, 2022 JSR due 1/31/2023. (JL)
November 1, 2022 Filing 7 Summons(es) Electronically Issued as to defendant(s) Achten's Quality Roofing & Construction Inc (MW)
November 1, 2022 Filing 6 REPORT on the filing or determination of an action. Emailed to the US Patent Office (MW)
November 1, 2022 Judge Robert J. Bryan added. (MW)
October 31, 2022 Filing 5 DECLARATION of John J. Bamert, Esq. filed by Plaintiff Tristate Roofing Inc re #3 MOTION for Preliminary Injunction (Attachments: #1 Exhibit 1 - U.S. Service-Mark Registration No. 5,294,365, #2 Exhibit 2 - Service-Mark Assignment, #3 Exhibit 3 - Acknowledgements of Tristate Rights, #4 Exhibit 4 - Use of Accused Mark, #5 Exhibit 5 - Demand Letter to Defendant, #6 Exhibit 6 - Defendant Refusal to Cease Infringement, #7 Exhibit 7 - Makita One of Largest Tool Manufacturers in the World, #8 Exhibit 8 - Declining Mikita Request for License, #9 Exhibit 9 - Declaration of Use Since At Least as Early as 2007 - Redacted, #10 Exhibit 10 - Achten's Way Back Machine 8-16-2018, #11 Exhibit 11 - Achten's Way Back Machine 5-16-2021, #12 Exhibit 12 - Achten's Way Back Machine 4-21-2021, #13 Exhibit 13 - Google Search Results, #14 Exhibit 14 - Negative Yelp Reviews, #15 Exhibit 15 - Achten's Way Back Machine 12-25-2017)(Bamert, John)
October 31, 2022 Filing 4 DECLARATION of John Holum filed by Plaintiff Tristate Roofing Inc re #3 MOTION for Preliminary Injunction (Attachments: #1 Exhibit 1 - U.S. Service-Mark Registration No. 5,294,365, #2 Exhibit 2 - Magistrate Recommendation for Order Granting PR MSJ, #3 Exhibit 3 - Service-Mark Assignment, #4 Exhibit 4 - Use of Tacking Mark, #5 Exhibit 5 - Tristate Website, #6 Exhibit 6 - Tristate Facebook, #7 Exhibit 7 - Merriam-Webster Definition, #8 Exhibit 8 - Achtens Website, #9 Exhibit 9 - Achtens Facebook, #10 Exhibit 10 - GAF Listings of Both Companies)(Bamert, John)
October 31, 2022 Filing 3 MOTION for Preliminary Injunction , filed by Plaintiff Tristate Roofing Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 11/25/2022, (Bamert, John)
October 31, 2022 Filing 2 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Tristate Roofing Inc (Bamert, John)
October 31, 2022 Filing 1 COMPLAINT for Service-Mark Infringement and Unfair Competition against defendant(s) Achten's Quality Roofing & Construction, Inc. (Receipt # AWAWDC-7759261), filed by Tristate Roofing Inc. (Attachments: #1 Exhibit Exhibit 1 - U.S. Service-Mark Registration No. 5,294,365, #2 Exhibit Exhibit 2 - Service-Mark Assignment, #3 Exhibit Exhibit 3 - Acknowledgements of Tristate Rights, #4 Exhibit Exhibit 4 - Use of Accused Mark(s), #5 Exhibit Exhibit 5 - Demand Letter to Defendant, #6 Exhibit Exhibit 6 - Defendant Refusal to Cease Infringement, #7 Civil Cover Sheet, #8 Report on Patents and Trademarks (AO Form 120), #9 Summons for Achten's Quality Roofing & Construction, Inc.)(Bamert, John) (Attachments 7, 8, 9 replaced on 11/1/2022 due to malformed pdf) (MW).

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Plaintiff: Tristate Roofing Inc
Represented By: John J Bamert
Represented By: Kevin Edward Regan
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Defendant: Achten's Quality Roofing & Construction, Inc.
Represented By: Andrea Heidi Brewer
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Defendant: Achten's Quality Roofing & Construction Inc
Represented By: Christopher James Lindemeier
Represented By: Duncan Manville
Represented By: Michael Eliott Chait
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