Case number 7:22-cv-04209
Otter Products, LLC et al v. Smurthwaite et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Dec 7, 2022 | 26 | AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 12/7/2022 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (Attachments: # 1 Exhibit Default Judgment) (jca) (Entered: 12/07/2022) (Exhibit Default Judgment) (8) |
| Dec 7, 2022 | 26 | AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 12/7/2022 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (Attachments: # 1 Exhibit Default Judgment) (jca) (Entered: 12/07/2022) (Main Document) (1) |
| Dec 7, 2022 | 25 | FINAL JUDGMENT AND INJUNCTION BY DEFAULT AGAINST DEFENDANT AARON SMURTHWAITE, DOING BUSINESS AS "AARONS_GIFTSHOP", "SMURT-56", AND "SMURFSUPREME" Accordingly, the Court does hereby ORDER, ADJUDGE, AND DECREE as follows: 1. This Court has jurisdiction over the subject matter of this action. 2. Venue is proper in the Southern District of New York. 3. Defendant is subject to the jurisdiction of this Court pursuant to and in accordance with the laws of the State of New York, the United States Constitution, and Rule 4 of the Federal Rules of Civil Procedure. 4. Plaintiffs are the owners of, including, but not limited to, the following federal trademarks which are registered in the U.S. Patent and Trademark Office. Pursuant to and in accordance with 15 U.S.C. § 1117(c), the Court hereby Orders Defendant to pay Plaintiffs an award of One Thousand Dollars ($1,000) for eight (8) Plaintiffs' Registered Trademarks infringed for the grand total award of statutory damages of $8,000,000 for Defendant's willful acts of trademark counterfeiting. Said award to Plaintiffs shall bear interest from the date of this judgment at the rate provided by law. Plaintiffs waive any attorneys fee recovery herein. Pursuant to and in accordance with 15 U.S.C. § 1117 and applicable law, Plaintiffs shall also have and recover from Defendant: costs incurred in this action in the sum of $581.80, with interest thereon at the rate provided by law. All claims asserted against "John Doe" defendants are dismissed without prejudice. All other claims asserted against Defendant are dismissed with prejudice. (And as further set forth herein.) (Signed by Judge Philip M. Halpern on 12/7/2022) (jca) (Entered: 12/07/2022) (8) |
| Oct 14, 2022 | 24 | AFFIDAVIT OF SERVICE of Order to Show Cause served on Aaron Smurthwaite on October 14, 2022. Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) (Entered: 10/14/2022) (2) |
| Oct 11, 2022 | 23 | AFFIDAVIT OF SERVICE of Order to Show Cause served on Aaron Smurthwaite on 10/11/22. Service was made by FedEx. Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) (Entered: 10/11/2022) (1) |
| Oct 5, 2022 | 22 | ORDER TO SHOW CAUSE AS TO WHY ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION BY DEFAULT SHOULD NOT BE ENTERED AGAINST DEFENDANTS: Upon the declarations of Michael Lee, John McKinney, and Kevin McPherson all exhibits thereto, the Statement of Damages and Memorandum of Law submitted herewith, and the Clerk's Certificate of Default at Doc. 13, it is ORDERED, defendant Aaron Smurthwaite, doing business as "aarons giftshop," "smurt-56" and "smurfsupreme" show cause before this Court at Courtroom 520, 300 Quarropas St, White Plains, NY 10601 on November 30, 2022 on submission only or as soon thereafter as counsel may be heard why an Order should not be entered pursuant to Fed. R. Civ. P. 55(b)(2) granting Plaintiffs judgement on liability and damage and a permanent injunction as a result of Defendant's default herein; and it is further ORDERED, opposition to this request, if any, shall be served and filed by November 30, 2022, and it is further ORDERED, the moving party must serve this Order and supporting documents on the non-moving party via Federal Express and personal service by or before October, 14, 2022 and file proof of service on the docket immediately thereafter. (Signed by Judge Philip M. Halpern on 10/5/2022) (jca) (Entered: 10/05/2022) (2) |
| Sep 29, 2022 | 20 | DECLARATION of John McKinney in Support re: 15 Proposed Order to Show Cause Without Emergency Relief. Document filed by Otter Products, LLC, Treefrog Developments, Inc.. (Attachments: # 1 Exhibit Exhibits Part 1, # 2 Exhibit Exhibits Part 2).(Lee, Michael) (Entered: 09/29/2022) (Exhibit Exhibits Part 2) (11) |
| Sep 29, 2022 | 20 | DECLARATION of John McKinney in Support re: 15 Proposed Order to Show Cause Without Emergency Relief. Document filed by Otter Products, LLC, Treefrog Developments, Inc.. (Attachments: # 1 Exhibit Exhibits Part 1, # 2 Exhibit Exhibits Part 2).(Lee, Michael) (Entered: 09/29/2022) (Exhibit Exhibits Part 1) (8) |
| Sep 29, 2022 | 21 | MEMORANDUM OF LAW in Support re: 15 Proposed Order to Show Cause Without Emergency Relief . Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) (Entered: 09/29/2022) (29) |
| Sep 29, 2022 | 20 | DECLARATION of John McKinney in Support re: 15 Proposed Order to Show Cause Without Emergency Relief. Document filed by Otter Products, LLC, Treefrog Developments, Inc.. (Attachments: # 1 Exhibit Exhibits Part 1, # 2 Exhibit Exhibits Part 2).(Lee, Michael) (Entered: 09/29/2022) (Main Document) (4) |
| Sep 29, 2022 | 19 | DECLARATION of Kevin McPherson in Support re: 15 Proposed Order to Show Cause Without Emergency Relief. Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) (Entered: 09/29/2022) (25) |
| Sep 29, 2022 | 18 | DECLARATION of Michael Lee re: 15 Proposed Order to Show Cause Without Emergency Relief . Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) (Entered: 09/29/2022) (30) |
| Sep 29, 2022 | 17 | STATEMENT OF DAMAGES. Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) (Entered: 09/29/2022) (1) |
| Sep 29, 2022 | 16 | PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(1). Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) Proposed Default Judgment to be reviewed by Clerk's Office staff. (Entered: 09/29/2022) (8) |
| Sep 29, 2022 | 15 | PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (Entered: 09/29/2022) (2) |
| Sep 28, 2022 | 14 | ORDER On July 12, 2022, a Clerk's Certificate of Default was issued as to the Defendant Aaron Smurthwaite. (Doc. 13). As there has been no activity on this docket since the issuance of the Clerk's Certificate of Default, Plaintiffs are directed to submit a letter to the Court via ECF concerning the status of this action by October 13, 2022. SO-ORDERED. (Signed by Judge Philip M. Halpern on 9/28/2022) (jca) (Entered: 09/28/2022) (1) |
| Jul 12, 2022 | 10 | Declaration (2) Docket Text: DECLARATION of Michael Lee re: [9] Proposed Clerk's Certificate of Default, . Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) |
| Jul 12, 2022 | 11 | Proposed Clerk's Certificate of Default (1) Docket Text: PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/12/2022 (km). |
| Jul 12, 2022 | 12 | Declaration (2) Docket Text: DECLARATION of Michael Lee re: [11] Proposed Clerk's Certificate of Default, . Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) |
| Jul 12, 2022 | 13 | Clerk's Certificate of Default (1) Docket Text: CLERK'S CERTIFICATE OF DEFAULT as to Aaron Smurthwaite.(km) |
| Jul 12, 2022 | 9 | Proposed Clerk's Certificate of Default (1) Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/12/2022 (km). Modified on 7/12/2022 (km). |
| Jul 12, 2022 | N/A | Notice to Attorney Regarding Deficient Proposed Clerk's Certificate of Default (0) Docket Text:***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Michael Lee. RE-FILE Document No. [9] Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the information on your clerk's certificate needs to match what is listed in the the proof of service. Your clerk's certificate states that the defendant was personally served, but your proof of service says something different. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (km) |
| Jun 29, 2022 | 8 | Summons Returned Executed (1) Docket Text: SUMMONS RETURNED EXECUTED Summons and Complaint served. Aaron Smurthwaite served on 6/18/2022, answer due 7/11/2022. Document filed by Otter Products, LLC; Treefrog Developments, Inc...(Lee, Michael) |
| May 24, 2022 | 7 | AO 120 Form Trademark - Case Opening - Submitted (1) Docket Text: AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (vf) |
| May 24, 2022 | 6 | Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to Aaron Smurthwaite. (vf) |
| May 24, 2022 | N/A | Notice to Attorney Regarding Deficient AO 120/121 Form (0) Docket Text:***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Michael Lee re: Document No. [3] AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Docket Number field on the AO 120 Patent/Trademark form was not completed by the attorney; the Court Name and/or Location field on the AO 120 Patent/Trademark form was not completed by the attorney. Do not re-file the form. The Court has corrected the deficiency/deficiencies. (vf) |
| May 24, 2022 | N/A | Case Designated ECF (0) Docket Text: Case Designated ECF. (vf) |
| May 24, 2022 | N/A | Case Designation (0) Docket Text: Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| May 24, 2022 | N/A | Case Opening Initial Assignment Notice (0) Docket Text: CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| May 24, 2022 | N/A | Notice to Attorney Regarding Case Opening Statistical Error Correction (0) Docket Text:***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Lee. The following case opening statistical information was erroneously selected/entered: County code Westchester. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf) |
| May 24, 2022 | N/A | Notice to Attorney Regarding Party Modification (0) Docket Text:***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Lee. The party information for the following party/parties has been modified: Aaron Smurthwaite. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (vf) |
| May 23, 2022 | 5 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Aaron Smurthwaite, re: [1] Complaint. Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) |
| May 23, 2022 | 4 | Rule 7.1 Corporate Disclosure Statement (1) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) |
| May 23, 2022 | 3 | AO 120 Form Patent/Trademark - Notice of Submission by Attorney (1) Docket Text: AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Lee, Michael) |
| May 23, 2022 | 2 | Civil Cover Sheet (2) Docket Text: CIVIL COVER SHEET filed..(Lee, Michael) |
| May 23, 2022 | 1 | Complaint (16) Docket Text: COMPLAINT against John Does 1-5, Aaron Smurthwaite. (Filing Fee $ 402.00, Receipt Number ANYSDC-26181660)Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) |
