Alfwear v. L.L. Bean
Utah District Court | |
Judge: | Dale A Kimball |
Referred: | Brooke C Wells |
Case #: | 2:17-cv-01100 |
Nature of Suit | 840 Property Rights - Trademark |
Cause | 15:1051 Trademark Infringement |
Case Filed: | Oct 02, 2017 |
Terminated: | Nov 01, 2018 |
Last checked: Saturday Mar 31, 2018 3:13 AM MDT |
Defendant
L.L. Bean
|
Represented By
|
Plaintiff
Alfwear
|
Represented By
|
1. | Utah-based retailer Alfwear files trademark infringement lawsuit against L.L. Bean over similar slogan (pressherald.com) |
Submitted Fri 10/06/2017 | |
Docket last updated: 04/24/2024 11:59 PM MDT |
Thursday, November 01, 2018 | ||
46 | 46
misc
Report Regarding Patent and Trademark
Thu 11/01 2:59 PM
Report on the Final Decision of an action sent to the Director of the U.S. Patent and Trademark Office. (eat) |
|
45 | 45
1
pgs
order
Order on Motion to Dismiss
Thu 11/01 2:52 PM
ORDER granting 44 Stipulated Motion to Dismiss. All claims, counterclaims, and defenses made in this Civil Action by Alfwear against L. L. Bean and by L.L. Bean against Alfwear are hereby dismissed with prejudice. Alfwear and L. L. Bean shall each bear their own costs and attorneys' fees. Case Closed. Magistrate Judge Brooke C. Wells no longer assigned to case. Signed by Judge Dale A. Kimball on 11/1/2018. (eat) |
|
44 | 44
motion
Dismiss
Thu 11/01 2:34 PM
Stipulated MOTION to Dismiss with Prejudice filed by Plaintiff Alfwear.(Owen, S.) |
|
Att: 1 Text of Proposed Order Granting Parties' Order of Dismissal | ||
Friday, October 05, 2018 | ||
43 | 43
1
pgs
order
Order on Motion to Stay
Fri 10/05 9:26 AM
ORDER granting 42 Stipulated Motion to Extend Stay of Case until 11/1/2018, pending settlement negotiations. The parties shall file on or before 11/1/2018, a stipulated dismissal or a proposed amended case scheduling order. Signed by Magistrate Judge Brooke C. Wells on 10/5/2018. (eat) |
|
Thursday, October 04, 2018 | ||
42 | 42
motion
Stay
Thu 10/04 2:01 PM
Stipulated MOTION to Stay re41 Order on Motion to Stay,, Order on Motion to Vacate,30 Scheduling Order,, Terminate Motions, filed by Plaintiff Alfwear. Motions referred to Brooke C. Wells.(Owen, S.) |
|
Att: 1 Text of Proposed Order Granting Stipulated Motion to Extend Stay of Case Pending Settlement Negotiations | ||
Tuesday, August 21, 2018 | ||
41 | 41
1
pgs
order
Order on Motion to Stay Order on Motion to Vacate
Tue 08/21 11:15 AM
ORDER granting 40 Stipulated Motion to Stay Case until 10/4/2018, pending settlement negotiations; and finding as moot 36 Motion to Vacate Mediation Deadline. The parties shall file on or before 10/4/2018, a stipulated dismissal or a proposed amended case scheduling order. Signed by Magistrate Judge Brooke C. Wells on 8/21/2018. (eat) |
|
Monday, August 20, 2018 | ||
40 | 40
motion
Stay
Mon 08/20 3:12 PM
Stipulated MOTION to Stay re30 Scheduling Order,, Terminate Motions, - Pending Deadlines during Settlement Negotiations - filed by Plaintiff Alfwear. Motions referred to Brooke C. Wells.(Owen, S.) |
|
Att: 1 Text of Proposed Order Granting Stipulated Motion to Modify Scheduling Order | ||
Monday, August 13, 2018 | ||
39 | 39
4
pgs
respm
Memorandum in Opposition to Motion
Mon 08/13 9:54 AM
MEMORANDUM in Opposition re36 MOTION to Vacate25 Scheduling Order, and Memorandum in Support - Mediation Deadline - filed by Defendant L.L. Bean.(Miller, Mark) |
|
Att: 1 Text of Proposed Order Proposed Order | ||
38 | 38
5
pgs
order
Order on Motion for Short Term Discovery Order on Motion to Compel Memorandum Decision
Mon 08/13 9:17 AM
MEMORANDUM DECISION AND ORDER granting Defendant's 34 Motion to Compel. Plaintiff is ORDERED to provide the discovery responses within 30 days from the date of this order. Signed by Magistrate Judge Brooke C. Wells on 8/13/2018. (eat) |
|
Friday, August 03, 2018 | ||
37 | 37
utility
Motions Referred
Fri 08/03 9:41 AM
MOTIONS REFERRED -36 MOTION to Vacate Mediation Deadline re25 Scheduling Order. Motions referred to Brooke C. Wells. (eat) |
|
Thursday, August 02, 2018 | ||
36 | 36
motion
Vacate
Thu 08/02 10:34 AM
MOTION to Vacate25 Scheduling Order, and Memorandum in Support - Mediation Deadline - filed by Plaintiff Alfwear. (Owen, S.) |
|
Friday, July 20, 2018 | ||
35 | 35
4
pgs
respm
Memorandum in Opposition to Motion
Fri 07/20 1:21 PM
MEMORANDUM in Opposition re34 MOTION for Short Form Discovery re: Identification of Alfwear's Basis for Date of First Use MOTION to Compel filed by Plaintiff Alfwear.(Owen, S.) |
|
Att: 1 Text of Proposed Order Denying Bean's Short Form Discovery Motion to Compel Identification of Alfwear's Basis for Date of First Use | ||
Friday, July 13, 2018 | ||
34 | 34
motion
Short Form Discovery
Fri 07/13 5:08 PM
MOTION for Short Form Discovery re: Identification of Alfwear's Basis for Date of First Use filed by Defendant L.L. Bean. Motions referred to Brooke C. Wells.(Miller, Mark) |
|
Att: 1 Exhibit A, | ||
Att: 2 Text of Proposed Order | ||
Thursday, June 07, 2018 | ||
33 | 33
answer
Answer to Complaint
Thu 06/07 12:49 PM
First Amended ANSWER to Complaint with Jury Demand filed by L.L. Bean.(Miller, Mark) |
|
32 | 32
order
Order on Motion for Leave to File
Thu 06/07 10:02 AM
DOCKET TEXT ORDER granting 31 Motion for Leave to File. Because Defendant's motion is unopposed and on account of good cause shown, the court GRANTS Defendant's Motion for Leave to File First Amended Answer. The Amended Answer is to be filed forthwith. So ordered by Magistrate Judge Brooke C. Wells on 6/7/18. No attached document. (mjw) |
|
Wednesday, June 06, 2018 | ||
31 | 31
motion
Leave to File Document
Wed 06/06 2:45 PM
MOTION for Leave to File First Amended Answer and Memorandum in Support filed by Defendant L.L. Bean. Motions referred to Brooke C. Wells.(Miller, Mark) |
|
Att: 1 Exhibit 1 - Proposed First Amended Answer | ||
Monday, June 04, 2018 | ||
30 | 30
order
Scheduling Order ~Util - Terminate Motions
Mon 06/04 10:33 AM
ORDER granting 25 Stipulated Motion to Modify Scheduling Order: Expert Discovery due by 1/25/2019. Dispositive or Potentially Dispositive Motions due by 2/15/2019. Signed by Magistrate Judge Brooke C. Wells on 6/4/18. (dla) |
|
Friday, June 01, 2018 | ||
29 | 29
motion
Amend/Correct
Fri 06/01 3:15 PM
Stipulated MOTION to Amend/Correct25 Scheduling Order, filed by Plaintiff Alfwear. Motions referred to Brooke C. Wells.(Richards, Adam) |
|
Att: 1 Text of Proposed Order | ||
Tuesday, February 27, 2018 | ||
28 | 28
order
Order on Motion to Withdraw as Attorney
Tue 02/27 9:49 AM
DOCKET TEXT ORDER granting 27 Motion to Withdraw as Attorney. Attorney Dawn Marie David withdrawn from case for Defendant L.L. Bean. Signed by Judge Dale A. Kimball on 2/27/2018. No attached document. (eat) |
|
27 | 27
motion
Withdraw as Attorney
Tue 02/27 9:40 AM
MOTION to Withdraw as Attorney Dawn David filed by Defendant L.L. Bean. Motions referred to Brooke C. Wells.(Miller, Mark) |
|
26 | 26
notice
Notice of Change of Address
Tue 02/27 9:39 AM
NOTICE of Change of Address by Mark A. Miller (Miller, Mark) |
|
Monday, January 29, 2018 | ||
25 | 25
order
Scheduling Order
Mon 01/29 4:21 PM
SCHEDULING ORDER: Initial Pretrial Conference vacated. Amended Pleadings due by 4/1/2018. Joinder of Parties due by 4/1/2018. Discovery due by 1/11/2019. Motions due by 2/1/2019. 5 Day Jury Trial set for 7/1/2019 at 08:30 AM in Rm 3.400 before Judge Dale A. Kimball. (See order for other deadlines.) Signed by Magistrate Judge Evelyn J. Furse on 1/29/18. (jwt) |
|
Friday, January 19, 2018 | ||
24 | 24
misc
Attorney Planning Meeting
Fri 01/19 4:27 PM
REPORT OF ATTORNEY PLANNING MEETING.(Owen, S.) |
|
Att: 1 Text of Proposed Order - Scheduling Order and Order Vacating Hearing | ||
Monday, January 08, 2018 | ||
23 | 23
misc
Rule 7 Corporate Disclosure Statement
Mon 01/08 1:21 PM
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Alfwear. (Owen, S.) |
|
Friday, December 15, 2017 | ||
22 | 22
misc
Rule 7 Corporate Disclosure Statement
Fri 12/15 6:05 PM
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant L.L. Bean. (Miller, Mark) |
|
21 | 21
answer
Answer to Complaint
Fri 12/15 6:04 PM
Defendant's ANSWER to Complaint with Jury Demand filed by L.L. Bean.(Miller, Mark) |
|
Thursday, December 14, 2017 | ||
20 | 20
order
Order Referring Case to Magistrate Judge
Thu 12/14 2:53 PM
ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Dale A. Kimball on 12/14/2017. (eat) |
|
Wednesday, December 13, 2017 | ||
19 | 19
notice
Notice of IPT
Wed 12/13 4:35 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk) The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at[LINK:http://www.utd.uscourts.gov/usdc-forms] , should be prepared 21 days before the Initial Pretrial Conference hearing date. NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel (a) file a stipulated Attorneys Planning Meeting Report ; and (b) e-mail a Proposed Scheduling Order to[LINK:ipt@utd.uscourts.gov] 21 days before the scheduled hearing. See instructions at[LINK:http://www.utd.uscourts.gov/attorney-planning-meeting-and-report] If counsel or the parties would like to participate by phone they must contact the IPT Clerk at least two days in advance at[LINK:ipt@utd.uscourts.gov] to make arrangements. Initial Pretrial Conference set for 2/14/2018 at 10:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (jds) |
|
18 | 18
1
pgs
order
Order on Motion for Admission Pro Hac Vice
Wed 12/13 11:35 AM
ORDER granting 14 Motion for Admission Pro Hac Vice of Nathaniel Bessey for L.L. Bean. Attorneys admitted Pro Hac Vice may download a copy of the District of Utah's local rules from the court's web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 12/13/2017. (eat) |
|
17 | 17
1
pgs
order
Order on Motion for Admission Pro Hac Vice
Wed 12/13 11:32 AM
ORDER granting 13 Motion for Admission Pro Hac Vice of Stacy O. Stitham for L.L. Bean. Attorneys admitted Pro Hac Vice may download a copy of the District of Utah's local rules from the court's web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 12/13/2017. (eat) |
|
16 | 16
utility
Reassignment to District Judge
Wed 12/13 10:56 AM
All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Dale A. Kimball. Magistrate Judge Evelyn J. Furse no longer assigned to the case. (las) |
|
15 | 15
misc
Received Consent /Reassignment Form
Wed 12/13 10:55 AM
RECEIVED Consent/Reassignment Form from Defendant L.L. Bean. (las) |
|
Wednesday, December 06, 2017 | ||
14 | 14
motion
Admission Pro Hac Vice (fee collected during entry)
Wed 12/06 4:26 PM
MOTION for Admission Pro Hac Vice of Nathaniel Bessey , Registration fee $ 250, receipt number 1088-2896128, filed by Defendant L.L. Bean.(Miller, Mark) |
|
Att: 1 Exhibit Application, | ||
Att: 2 Exhibit ECF, | ||
Att: 3 Text of Proposed Order | ||
13 | 13
motion
Admission Pro Hac Vice (fee collected during entry)
Wed 12/06 4:22 PM
MOTION for Admission Pro Hac Vice of Stacy O. Stitham , Registration fee $ 250, receipt number 1088-2896111, filed by Defendant L.L. Bean.(Miller, Mark) |
|
Att: 1 Exhibit Application, | ||
Att: 2 Exhibit ECF, | ||
Att: 3 Text of Proposed Order | ||
12 | 12
notice
Notice of Appearance
Wed 12/06 3:35 PM
NOTICE of Appearance by Adam Kenji Richards on behalf of Alfwear (Richards, Adam) |
|
11 | 11
notice
Notice of Appearance
Wed 12/06 3:29 PM
NOTICE of Appearance by S. Brandon Owen on behalf of Alfwear (Owen, S.) |
|
10 | 10
misc
Received Consent /Reassignment Form
Wed 12/06 9:24 AM
RECEIVED Consent/Reassignment Form from Plaintiff Alfwear. (las) |
|
Tuesday, December 05, 2017 | ||
9 | 9
notice
Notice From the Court re Initial Scheduling
Tue 12/05 9:58 AM
NOTICE FROM THE COURT re: Initial Scheduling The court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (las) |
|
8 | 8
notice
Notice of ADR
Tue 12/05 9:57 AM
NOTICE OF ADR, e-mailed or mailed to Plaintiff Alfwear, Defendant L.L. Bean. (las) |
|
7 | 7
notice
Notice of Presiding Magistrate Assignment
Tue 12/05 9:57 AM
NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use[LINK:the form on this link] or use the included form for non-efilers and send it to consents@utd.uscourts.gov within 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff Alfwear, Defendant L.L. Bean. Form due by 12/20/2017. (las) |
|
Friday, December 01, 2017 | ||
6 | 6
notice
Notice of Appearance
Fri 12/01 9:19 AM
NOTICE of Appearance by Dawn Marie David on behalf of L.L. Bean (David, Dawn) |
|
5 | 5
notice
Notice of Appearance
Fri 12/01 9:17 AM
NOTICE of Appearance by Mark A. Miller on behalf of L.L. Bean (Miller, Mark) |
|
Friday, October 20, 2017 | ||
4 | 4
service
Waiver of Service Executed
Fri 10/20 1:05 PM
WAIVER OF SERVICE Returned Executed filed by Alfwear as to L.L. Bean Waiver sent on 10/16/2017, answer due 12/15/2017. (Baker, Trent) |
|
Monday, October 02, 2017 | ||
3 | 3
misc
Report Regarding Patent and Trademark
Mon 10/02 4:19 PM
Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (tlh) |
|
2 | 2
8
pgs
cmp
Complaint
Mon 10/02 11:47 AM
COMPLAINT against L.L. Bean (Filing fee $ 400, receipt number 1088-2853155) filed by Alfwear. Assigned to Magistrate Judge Evelyn J. Furse (Baker, Trent) |
|
Att: 1 Civil Cover Sheet cover, | ||
Att: 2 Exhibit A, | ||
Att: 3 Exhibit B, | ||
Att: 4 Exhibit C, | ||
Att: 5 Exhibit D | ||
1 | 1
misc
Remark - New Case
Mon 10/02 8:58 AM
Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Plaintiff Alfwear is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day. NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts[LINK:PDF version] and email it to utdecf_clerk@utd.uscourts.gov for issuance. (tlh) |