Case number 1:21-cv-00168
Tone Creative LLC v. ToneCreative LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jul 27, 2021 | 43 | Report on the Filing and Determination of an Action regarding a Patent or Trademark sent to USPTO (6) Docket Text: Report on the Filing and Determination of an Action regarding patent and/or trademark numbers 5949415; 5954111. {Copy of the report, Order and Judgment were sent to the U.S. Patent and Trademark Office via regular mail} (pjh, ) |
| Jul 26, 2021 | 42 | Judgment (2) Docket Text: JUDGMENT in favor of Tone Creative LLC against ToneCreative LLC, Eric King, Joshua Eatman and Wilbert McKinley, III. IT IS ORDERED AND ADJUDGED that Defendants are enjoined preliminarily and permanently from using Plaintiff's marks and registered trademarks, or any copy, counterfeit, or imitation of any of them in a manner including, but not limited to, advertising, promoting, and/or marketing defendants' marketing and design services. In accordance with this, defendants must: a) Cease using the names ToneCreative LLC, Tone Creative, ToneCreative, Tone Creative Agency, and/or Tone in commerce, on any website, on any social media account, or to offer, advertise, or sell marketing and design services, or other services of any sort; b) Immediately, and officially change the name of defendant ToneCreative LLC by filing the requisite forms and payment with the Maryland Secretary of State, or immediately and officially terminate defendant ToneCreative LLC by filing the requisite forms and payment with the Maryland Secretary of State; c) Refrain from creating or establishing any entity or domain name under the names ToneCreative LLC, Tone Creative, ToneCreative, Tone Creative Agency, and/or Tone in any State or territory of the United States to offer, advertise, or sell marketing and design services; and d) Delete the infringing social media accounts. Defendants are further ordered to pay damages in the amount of $26,714.51. Post-judgment interest shall accrue at the statutory rate from the date of entry of this judgment. (pjh, ) |
| Jul 26, 2021 | 41 | Order (3) Docket Text: ORDER regarding the # [2] MOTION for Preliminary Injunction filed by Tone Creative LLC. IT IS ORDERED that Defendants are enjoined preliminarily and permanently from using Plaintiff's marks and registered trademarks, or any copy, counterfeit, or imitation of any of them in a manner including, but not limited to, advertising, promoting, and/or marketing defendants' marketing and design services. In accordance with this, defendants must: a) Cease using the names ToneCreative LLC, Tone Creative, ToneCreative, Tone Creative Agency, and/or Tone in commerce, on any website, on any social media account, or to offer, advertise, or sell marketing and design services, or other services of any sort; b) Immediately, and officially change the name of defendant ToneCreative LLC by filing the requisite forms and payment with the Maryland Secretary of State, or immediately and officially terminate defendant ToneCreative LLC by filing the requisite forms and payment with the Maryland Secretary of State; c) Refrain from creating or establishing any entity or domain name under the names ToneCreative LLC, Tone Creative, ToneCreative, Tone Creative Agency, and/or Tone in any State or territory of the United States to offer, advertise, or sell marketing and design services; and d) Delete the infringing social media accounts. Defendants are further ordered to pay damages in the amount of $26,714.51. Post-judgment interest shall accrue at the statutory rate from the date of entry of this judgment. The Clerk is directed to enter terminate any pending motions, enter a judgment accordingly, and close the file. Signed by Judge David N. Hurd on 7/26/2021. (pjh, ) |
| May 11, 2021 | 39 | Clerk's Entry of Default (1) Docket Text: CLERK'S ENTRY OF DEFAULT approving the # [38] Request for Entry of Default as to Joshua Eatman, Eric King, Wilbert McKinley, III and ToneCreative LLC. (pjh, ) |
| May 11, 2021 | N/A | Clerk's Correction of Docket Entry (0) Docket Text: CLERK'S CORRECTION OF DOCKET ENTRY: Clerk corrected the # [38] Request for Entry of Default to reflect that it is a request for an entry of default rather than a motion for default judgment. Response deadlines have been terminated. (pjh, ) |
| Apr 28, 2021 | N/A | Order on Motion for Miscellaneous Relief (0) Docket Text: TEXT ORDER: On April 26, 2021, Plaintiff filed a motion to adjourn the Rule 16 Initial Conference in this matter. Dkt. No. [36]. Based upon the reasons set forth in Plaintiff's motion, the Rule 16 Initial Conference set for May 17, 2021 before the undersigned and the deadline for the parties to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date at this time. Plaintiff is directed to advise as to the status of this matter by May 28, 2021. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/28/2021. (mab) |
| Apr 21, 2021 | N/A | Order on Motion to Withdraw as Attorney (0) Docket Text: TEXT ORDER granting the [34] Motion to Withdraw as Attorney in this matter. The Clerk of the Court is directed to terminate Chase Whiting, Esq. as counsel for Plaintiff on the case docket. The Law Firm of Gravel & Shea PC remains as counsel of record and will continue to represent Plaintiff. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/21/2021. (mab) |
| Apr 19, 2021 | 34 | Motion to Withdraw as Attorney (1) Docket Text: MOTION to Withdraw as Attorney Apearance of Chase S. Whiting filed by Tone Creative LLC. Response to Motion due by 5/10/2021 Motions referred to Daniel J. Stewart. (Martin, Daniel) |
| Apr 15, 2021 | 33 | Affidavit of Service (1) Docket Text: AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction and Incorporated Memorandum of Law, Plaintiffs Rule 7.1 Corporate Disclosure Statement, Civil Case Management Plan and Report on the Filing or Determination of an Action Regarding a Patent or Trademark served on ToneCreative LLC c/o Joshua Eatman, Registered Agent on 4/13/21, filed by Tone Creative LLC. (Martin, Daniel) |
| Apr 12, 2021 | 32 | Summons Returned Executed (1) Docket Text: SUMMONS Returned Executed by Tone Creative LLC. Eric King served on 4/5/2021, answer due 4/26/2021. (Laramie, Celeste) |
| Apr 8, 2021 | 31 | Summons Returned Unexecuted (3) Docket Text: Summons Returned Unexecuted by Tone Creative LLC as to Eric King. (Martin, Daniel) |
| Mar 30, 2021 | 30 | Summons Issued (2) Docket Text: Summons Issued as to Eric King. (pjh, ) |
| Mar 29, 2021 | 29 | Summons Returned Unexecuted (2) Docket Text: Summons Returned Unexecuted by Tone Creative LLC as to Eric King. (Martin, Daniel) |
| Mar 26, 2021 | 28 | Request for Issuance of Summons(es) (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS(ES): Tone Creative LLC is requesting summons(es) be issued as to (Martin, Daniel) |
| Mar 26, 2021 | 27 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Celeste E. Laramie on behalf of Tone Creative LLC (Laramie, Celeste) |
| Mar 26, 2021 | 26 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Chase Whiting on behalf of Tone Creative LLC (Whiting, Chase) |
| Mar 24, 2021 | N/A | Set/Reset Answer Deadline (0) Docket Text: ***Answer due date updated for Joshua Eatman answer due 4/7/2021. (pjh, ) |
| Mar 23, 2021 | 25 | Summons Returned Unexecuted (2) Docket Text: Summons Returned Unexecuted by Tone Creative LLC as to Eric King. (Martin, Daniel) |
| Mar 23, 2021 | 24 | Affidavit of Service (3) Docket Text: AFFIDAVIT of Service for Summons, Complaint, Motion for Preliminary Injunction and Incorporated Memorandum of Law, Plaintiffs Rule 7.1 Corporate Disclosure Statement, Civil Case Management Plan, Report of the Filing or Determination of an Action Regarding a Patent served on Joshua Eatman on 3/17/21, filed by Tone Creative LLC. (Martin, Daniel) |
| Mar 19, 2021 | 23 | Affidavit of Service (4) Docket Text: AFFIDAVIT of Service for Summons, Complaint, Motion for Preliminary Injunction and Incorporated Memorandum of Law, Plaintiffs Rule 7.1 Corporate Disclosure Statement, Civil Case Management Plan and Report on the Filing or Determination of an Action Regarding a Patent or Trademark served on ToneCreative LLC on 3/3/21, filed by Tone Creative LLC. (Martin, Daniel) |
| Mar 19, 2021 | 22 | Affidavit of Service (4) Docket Text: AFFIDAVIT of Service for Summons, Complaint, Motion for Preliminary Injunction and Incorporated Memorandum of Law, Plaintiffs Rule 7.1 Corporate Disclosure Statement, Civil Case Management Plan, Report on the Filing or Determination of an Action Regarding a Patent or Trademark. served on Joshua Eatman on 3/3/21, filed by Tone Creative LLC. (Martin, Daniel) |
| Mar 19, 2021 | N/A | Set/Reset Answer Deadline (0) Docket Text: ***Answer due date updated for Joshua Eatman answer due 3/24/2021; ToneCreative LLC answer due 3/24/2021. (pjh, ) |
| Mar 12, 2021 | 20 | Request for Issuance of Summons(es) (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS(ES): Tone Creative LLC is requesting summons(es) be issued as to (Martin, Daniel) |
| Mar 12, 2021 | 19 | Request for Issuance of Summons(es) (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS(ES): Tone Creative LLC is requesting summons(es) be issued as to (Martin, Daniel) |
| Mar 12, 2021 | N/A | Set/Reset Answer Deadline (0) Docket Text: ***Answer due date updated for Wilbert McKinley, III answer due 3/25/2021. (pjh, ) |
| Mar 11, 2021 | 18 | Affidavit of Service (3) Docket Text: AFFIDAVIT of Service for Summons served on Wilbert McKinley, III on 3/2/21, filed by Tone Creative LLC. (Martin, Daniel) |
| Mar 9, 2021 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER granting [12] Motion for Limited Admission Pro Hac Vice. Attorney Chase S. Whiting is hereby admitted to practice in this action on behalf of Plaintiff. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 3/9/2021. (mab) |
| Mar 9, 2021 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER granting [11] Motion for Limited Admission Pro Hac Vice. Attorney Celeste E. Laramie is hereby admitted to practice in this action on behalf of Plaintiff. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 3/9/2021. (mab) |
| Mar 8, 2021 | 14 | Request for Issuance of Summons(es) (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS(ES): Tone Creative LLC is requesting summons(es) be issued as to (Martin, Daniel) |
| Mar 8, 2021 | 13 | Request for Issuance of Summons(es) (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS(ES): Tone Creative LLC is requesting summons(es) be issued as to (Martin, Daniel) |
| Feb 12, 2021 | 8 | Report on the Filing and Determination of an Action regarding a Patent or Trademark sent to USPTO (1) Docket Text: Report on the Filing and Determination of an Action regarding patent and/or trademark numbers 5949415 and 5954111. {Copy of Report sent to the U.S. Patent and Trademark office via regular mail} (pjh, ) |
| Feb 12, 2021 | 7 | Notice of Admission Requirement (1) Docket Text: NOTICE of Admission Requirement ; Attorney Chase S. Whiting, Email address is cwhiting@gravelshea.com. Phone number is (802) 658-0220. Admissions due by 2/26/2021. [Notice served upon attorney via e-mail}(pjh, ) |
| Feb 12, 2021 | 6 | Notice of Admission Requirement (1) Docket Text: NOTICE of Admission Requirement ; Attorney Celeste Laramie, Email address is claramie@gravelshea.com. Phone number is (802) 658-0220. Admissions due by 2/26/2021. {Notice served upon attorney via e-mail}(pjh, ) |
| Feb 12, 2021 | 5 | G.O. 25 Filing Order (14) Docket Text: G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/17/2021 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/10/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, ) |
| Feb 11, 2021 | 3 | FRCP 7.1 Corporate Disclosure Statement (1) Docket Text: FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Tone Creative LLC. (pjh, ) |
