Wilfong v. Starstruck Entertainment, LLC et al
| Tennessee Middle District Court | |
| Judge: | Aleta A Trauger |
| Referred: | Alistair Newbern |
| Case #: | 3:23-cv-00044 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1125 Trademark Infringement (Lanham Act) |
| Case Filed: | Jan 18, 2023 |
| Last checked: Tuesday Jul 18, 2023 4:12 AM CDT |
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Defendant
Starstruck Entertainment, LLC
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Represented By
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Defendant
The Alexander Trust
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Represented By
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Plaintiff
Jay Wilfong
2890 Academy Road
Lebanon, TN 37087 |
Represented By
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GPO
Apr 02 2024
MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 4/2/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) |
| Docket last updated: 05/07/2025 11:59 PM CDT |
| Thursday, April 24, 2025 | ||
| 44 | 44
2
pgs
order
Order Setting Case for Trial
Thu 04/24 11:41 AM
ORDER RESETTING CASE FOR TRIAL: Bench Trial set for 8/11/2025 at 09:00 AM in Courtroom 6C before District Judge Aleta A. Trauger. Pretrial Conference set for 8/8/2025 at 01:30 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. Exhibit List due by 8/5/2025. Witness List due by 8/5/2025. Joint Proposed Pretrial Order due by 8/5/2025. Signed by District Judge Aleta A. Trauger on 04/24/2025. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ad) Modified on 4/24/2025 (ad) |
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| Friday, April 18, 2025 | ||
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order
Order
Fri 04/18 3:55 PM
ORDER: The court is unable to try this bench trial on June 24, 2025. The court can reset the trial for July 8, 2025 or August 11, 2025. The parties shall inform Judge Trauger's Courtroom Deputy by April 24, 2025 whether either of these dates works to reschedule this bench trial. Signed by District Judge Aleta A. Trauger on 4/18/2025. (ch) |
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| Tuesday, November 26, 2024 | ||
| 42 | 42
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order
Order Setting Case for Trial
Tue 11/26 12:41 PM
ORDER RESETTING BENCH TRIAL: Bench Trial set for 6/24/2025 at 09:00 AM in Courtroom 6C before District Judge Aleta A. Trauger. Pretrial Conference set for 6/20/2025 at 01:30 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. Exhibit List due by 6/17/2025. Witness List due by 6/17/2025. Joint Proposed Pretrial Order due by 6/17/2025. Signed by District Judge Aleta A. Trauger on 11/26/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ad) |
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| 41 | 41
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order
Order on Motion for Miscellaneous Relief
Tue 11/26 12:36 PM
ORDER: Motion40 to Reset Trial Date GRANTED. Signed by District Judge Aleta A. Trauger on 11/26/2024. (ad) |
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| Friday, November 22, 2024 | ||
| 40 | 40
motion
Miscellaneous Relief
Fri 11/22 1:21 PM
Unopposed MOTION Reset Trial Date re39 Order Setting Case for Trial,, by Starstruck Entertainment, LLC, The Alexander Trust. (Barger, Keane) |
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| Thursday, November 21, 2024 | ||
| 39 | 39
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pgs
order
Order Setting Case for Trial
Fri 11/22 8:42 AM
ORDER RESETTING BENCH TRIAL: Bench Trial set for 4/15/2025 at 09:00 AM in Courtroom 6C before District Judge Aleta A. Trauger. Pretrial Conference set for 4/11/2025 at 01:30 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. Exhibit List due by 4/8/2025. Witness List due by 4/8/2025. Joint Proposed Pretrial Order due by 4/8/2025. Signed by District Judge Aleta A. Trauger on 11/21/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ad) |
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| 38 | 38
adr
Report of Mediation
Thu 11/21 1:58 PM
REPORT of Mediation (Griffin, John) |
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| Monday, October 14, 2024 | ||
| 37 | 37
notice
Notice (Other)
Mon 10/14 2:00 PM
NOTICE by Starstruck Entertainment, LLC, The Alexander Trust re36 Order,,, Terminate Deadlines and Hearings,, (Warnock, Timothy) |
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| Tuesday, October 08, 2024 | ||
| 36 | 36
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order
Order 1 - Terminate Deadlines and Hearings
Tue 10/08 2:48 PM
ORDER: The court must try a criminal case on the day scheduled for this bench trial, November 19, 2024. Therefore, the trial scheduled for November 19, 2024 and the pretrial conference scheduled for November 15, 2024 are CONTINUED. It is hereby ORDERED that the parties shall mediate this case in the hope that it might be settled in that process. By October 18, 2024, they shall file a notice with the court that informs the court of the date on which they have scheduled a mediation and the name of the mediator who will be mediating the case. Signed by District Judge Aleta A. Trauger on 10/08/24. (ad) |
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| Friday, April 05, 2024 | ||
| 35 | 35
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pgs
order
Order Setting Case for Trial
Fri 04/05 4:25 PM
ORDER RESETTING BENCH TRIAL: Bench Trial set for 11/19/2024 at 09:00 AM in Courtroom 6C before District Judge Aleta A. Trauger. Pretrial Conference set for 11/15/2024 01:30 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. Joint Proposed Pretrial Order due by 11/12/2024; Exhibit List due by 11/12/2024; and Witness List due by 11/12/2024. Lead counsel for each party must attend the pretrial conference. If lead counsel is not from Tennessee, local counsel must also attend. By November 11, 2024, each party shall file proposed findings of fact and conclusions of law. Signed by District Judge Aleta A. Trauger on 4/5/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (mg) |
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| 34 | 34
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order
Order on Motion to Continue
Fri 04/05 4:18 PM
ORDER granting32 Motion to Continue trial date. Signed by District Judge Aleta A. Trauger on 4/5/2024. (mg) |
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| 33 | 33
misc
Declaration
Fri 04/05 10:43 AM
DECLARATION of Keane Barger filed by Starstruck Entertainment, LLC, The Alexander Trust re:32 Unopposed MOTION to Continue Trial Date . (Barger, Keane) |
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| 32 | 32
motion
Continue
Fri 04/05 10:41 AM
Unopposed MOTION to Continue Trial Date by Starstruck Entertainment, LLC, The Alexander Trust. (Barger, Keane) |
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| Tuesday, April 02, 2024 | ||
| 31 | 31
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order
Order on Motion for Summary Judgment
Tue 04/02 3:26 PM
ORDER: For the reasons explained in the accompanying Memorandum, the defendants' Motion for Summary Judgment (Doc. No.16 ) is hereby DENIED. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 4/2/2024. (af) |
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| 30 | 30
16
pgs
order
Memorandum Opinion of the Court
Tue 04/02 3:25 PM
MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 4/2/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (af) |
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| Monday, April 01, 2024 | ||
| 29 | 29
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misc
Declaration
Mon 04/01 2:04 PM
DECLARATION of Jay WIlfong filed by Jay Wilfong re:22 Response in Opposition to Motion.(VanAusdall, Jacob) |
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Att: 1
3 pgs
Exhibit A - Plaintiff's Initial Disclosures,
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Att: 2
14 pgs
Exhibit B - Def. Responses to Interrogatories,
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Att: 3
20 pgs
Exhibit C - Def. Responses to Requests for Production,
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Att: 4
14 pgs
Exhibit D - Alexander Trust's Response to Interrogatories,
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Att: 5
20 pgs
Exhibit E - Alexander Trusts' Responses to Requests for Production,
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Att: 6
3 pgs
Exhibit F - Starstuck Dance Trademark,
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Att: 7
2 pgs
Exhibit G - Starstruck Dance Challenge Trademark,
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Att: 8
7 pgs
Exhibit H - Defendants' Trademark Application,
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Att: 9
2 pgs
Exhibit I - Wilfong's Trademark Registration,
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Att: 10
1 pgs
Exhibit J - Defendants' Trademark Registration
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| Thursday, December 28, 2023 | ||
| 28 | 28
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pgs
respm
Reply to Response to Motion
Thu 12/28 10:05 AM
REPLY to Response to re16 MOTION for Summary Judgment filed by Starstruck Entertainment, LLC, The Alexander Trust. (Warnock, Timothy) |
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| Tuesday, December 19, 2023 | ||
| 27 | 27
misc
Certificate
Tue 12/19 10:31 AM
CERTIFICATE of Service filed by Jay Wilfong re24 Declaration filed by Jay Wilfong. (VanAusdall, Jacob) |
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| 26 | 26
misc
Certificate
Tue 12/19 10:30 AM
CERTIFICATE of Service filed by Jay Wilfong re25 Declaration filed by Jay Wilfong. (VanAusdall, Jacob) |
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| Monday, December 18, 2023 | ||
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misc
Annotation - Deficiency Notice
Mon 12/18 4:03 PM
NOTICE TO FILER re DE#24 25 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for this document. (ad) |
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| Friday, December 15, 2023 | ||
| 25 | 25
misc
Declaration
Fri 12/15 2:55 PM
DECLARATION of Patricia Biggerstaff filed by Jay Wilfong re:23 Response in Opposition to Motion. (VanAusdall, Jacob) |
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| 24 | 24
misc
Declaration
Fri 12/15 2:53 PM
DECLARATION of Pique Lyle filed by Jay Wilfong re:22 Response in Opposition to Motion. (VanAusdall, Jacob) |
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| 23 | 23
respm
Response in Opposition to Motion
Fri 12/15 2:51 PM
RESPONSE in Opposition re16 MOTION for Summary Judgment Response to Defendants' Statement of Material Facts filed by Jay Wilfong. (VanAusdall, Jacob) |
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| 22 | 22
respm
Response in Opposition to Motion
Fri 12/15 2:40 PM
RESPONSE in Opposition re16 MOTION for Summary Judgment filed by Jay Wilfong. (VanAusdall, Jacob) |
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| Tuesday, November 28, 2023 | ||
| 21 | 21
1
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order
Order on Motion for Extension of Time to File Response/Reply
Tue 11/28 3:02 PM
ORDER: This matter is before the Court on Plaintiff's Unopposed Motion for an Extension of Time to File a Response to Defendants' Motion for Summary Judgment. Having considered the motion, record, and lack of opposition to the Motion, IT IS THEREFORE ORDERED that the motion is granted and Plaintiff's deadline to file a response to Defendants' Motion for Summary Judgment is extended until December 15, 2023. IT IS SO ORDERED. Signed by District Judge Aleta A. Trauger on 11/28/2023. (af) |
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| 20 | 20
motion
Extension of Time to File Response/Reply
Tue 11/28 9:14 AM
Unopposed MOTION for Extension of Time to File Response/Reply as to16 MOTION for Summary Judgment by Jay Wilfong.(VanAusdall, Jacob) |
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Att: 1
Exhibit Proposed Order
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| Tuesday, November 07, 2023 | ||
| 19 | 19
misc
Declaration
Tue 11/07 2:37 PM
DECLARATION of Cliff Williamson filed by Starstruck Entertainment, LLC, The Alexander Trust re:16 MOTION for Summary Judgment .(Warnock, Timothy) |
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Att: 1
Exhibit 1 - Docket Report for TTAB Proceeding,
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Att: 2
Exhibit 2 - Petition for Cancellation,
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Att: 3
Exhibit 3 - Notice of Institution,
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Att: 4
Exhibit 4 - Notice of Appearance for Jay Wilfong,
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Att: 5
Exhibit 5 - Registrant's Answer to Petition to Cancel,
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Att: 6
Exhibit 6 - Notice of Appearance for Starstruck and Alexander Trust,
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Att: 7
Exhibit 7 - Order re attorney admissions,
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Att: 8
Exhibit 8 - Change of Correspondence Address,
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Att: 9
Exhibit 9 - Order Resuming Matter and Setting Deadlines,
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Att: 10
Exhibit 10 - Petitioners' Motion to Amend Petition of Cancellation,
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Att: 11
Exhibit 11 Part 1 - Petitioners' Motion for Summary Judgment & Exs. 1-30,
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Att: 12
Exhibit 11 Part 2 - Petitioners' Motion for Summary Judgment & Exs. 1-30,
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Att: 13
Exhibit 11 - Part 3 - Petitioners' Motion for Summary Judgment & Exs. 1-30,
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Att: 14
Exhibit 12 - Exs. 31-43 to Petitioners' Motion for Summary Judgment,
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Att: 15
Exhibit 13 - Exs. 44-52 to Petitioners' Motion for Summary Judgment,
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Att: 16
Exhibit 14 - Registrant's Opposition to Petitioner's Motion for Summary Judgment,
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Att: 17
Exhibit 15 - Petitioners' Reply ISO Motion for Summary Judgment,
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Att: 18
Exhibit 16 - Order Suspending Proceedings,
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Att: 19
Exhibit 17 - Order re Motion to Amend Petition to Cancel, MSJ and Resuming Proceeding,
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Att: 20
Exhibit 18a - Petitioners' Notice of Reliance,
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Att: 21
Exhibit 18b - Ex. A to Petitioners' Notice of Reliance,
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Att: 22
Exhibit 18c - Exs. B-I to Petitioners' Notice of Reliance,
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Att: 23
Exhibit 18d - Exs. K-P to Petitioners' Notice of Reliance,
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Att: 24
Exhibit 18e - Exs. Q-Y to Petitioners' Notice of Reliance,
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Att: 25
Exhibit 18f - Exs. Z-AI to Petitioners' Notice of Reliance,
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Att: 26
Exhibit 18g - Exs. AJ-AR to Petitioners' Notice of Reliance,
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Att: 27
Exhibit 18h - Exs. AS-BC to Petitioners' Notice of Reliance,
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Att: 28
Exhibit 18i - Exs. BD-BG to Petitioners' Notice of Reliance,
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Att: 29
Exhibit 18j - Exs. BH-BL to Petitioners' Notice of Reliance,
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Att: 30
Exhibit 18k - Exs. BM-BX to Petitioners' Notice of Reliance,
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Att: 31
Exhibit 18l - Exs. BY-CK to Petitioners' Notice of Reliance,
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Att: 32
Exhibit 19a - Testimonial Declaration of Cliff Williamson and Exhibits,
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Att: 33
Exhibit 19b - Continuation of Ex. 5 to Testimonial Declaration of Cliff Williamson,
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Att: 34
Exhibit 20 - Registrant's First Notice of Reliance,
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Att: 35
Exhibit 21 - Testimony of Jay Wilfong,
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Att: 36
Exhibit 22 - Petitioners' Rebuttal Notice of Reliance,
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Att: 37
Exhibit 23 - Rebuttal Testimonial Declaration of Cliff Williamson,
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Att: 38
Exhibit 24 - Petitioners' Notice of Filing Trial Depo Testimony of Jay Wilfong,
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Att: 39
Exhibit 25 - Petitioners' Main Brief,
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Att: 40
Exhibit 26 - Registrant's Main Brief,
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Att: 41
Exhibit 27 - Petitioners' Reply Brief,
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Att: 42
Exhibit 28 - TTAB Opinion,
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Att: 43
Exhibit 29 - Order Cancelling Registration No. 6020394,
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Att: 44
Exhibit 30 - Facebook Message from Michelle Foster,
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Att: 45
Exhibit 31 - Text Message Berkley Kriz received from Chris Looney,
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Att: 46
Exhibit 32 - Facebook post re Songwriter Rounds,
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Att: 47
Exhibit 33 - Facebook post re A Night in the Grand Ole Barn II,
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Att: 48
Exhibit 34 - Facebook post re Grand Ole Barn Songwriters Round-Buffet Dinner show
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| 18 | 18
misc
Statement of facts
Tue 11/07 1:59 PM
STATEMENT of facts filed by Starstruck Entertainment, LLC, The Alexander Trust in support of16 Motion for Summary Judgment. (Warnock, Timothy) |
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| 17 | 17
25
pgs
respoth
Memorandum in Support
Tue 11/07 1:55 PM
MEMORANDUM in Support of16 MOTION for Summary Judgment filed by Starstruck Entertainment, LLC, The Alexander Trust . (Warnock, Timothy) |
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| 16 | 16
motion
Summary Judgment
Tue 11/07 1:53 PM
MOTION for Summary Judgment by Starstruck Entertainment, LLC, The Alexander Trust. (Warnock, Timothy) |
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| Friday, October 20, 2023 | ||
| 15 | 15
2
pgs
order
Order Setting Case for Trial
Fri 10/20 3:35 PM
ORDER SETTING BENCH TRIAL: Bench Trial set for 7/2/2024 at 09:00 AM in Courtroom 6C before District Judge Aleta A. Trauger. Pretrial Conference set for 6/28/2024 at 01:30 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. Exhibit List due by 6/25/2024. Witness List due by 6/25/2024. Joint Proposed Pretrial Order due by 6/25/2024. Signed by District Judge Aleta A. Trauger on 10/20/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ad) |
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| 14 | 14
1
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order
Order ~Util - Terminate Motions ~Util - Add and Terminate Judge
Fri 10/20 3:28 PM
ORDER: The plaintiff now has counsel. Therefore, the reference to the Magistrate Judge is WITHDRAWN. The Defendants' Motion to Extend Deadline to File Dispositive Motions (Doc. No.12 ) is GRANTED, and the deadline for the filing of dispositive motions is hereby extended to November 7, 2023. Signed by District Judge Aleta A. Trauger on 10/20/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ad) |
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| Thursday, October 19, 2023 | ||
| 13 | 13
notice
Notice of Filing
Thu 10/19 1:55 PM
NOTICE of Filing by Starstruck Entertainment, LLC, The Alexander Trust re12 MOTION for Extension of Time to File Dispositive Motions (Warnock, Timothy) |
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| Wednesday, October 18, 2023 | ||
| 12 | 12
motion
Extension of Time to File Document
Wed 10/18 12:05 PM
MOTION for Extension of Time to File Dispositive Motions by Starstruck Entertainment, LLC, The Alexander Trust. (Warnock, Timothy) |
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| Friday, March 03, 2023 | ||
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misc
Annotation - Bar Status
Fri 03/03 9:00 AM
TN State Bar status verified as active for Jacob C. VanAusdall admitted to this court . (ad) |
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| Wednesday, March 01, 2023 | ||
| 11 | 11
notice
Notice of Appearance
Wed 03/01 12:07 PM
NOTICE of Appearance by Jacob C. VanAusdall on behalf of Jay Wilfong (VanAusdall, Jacob) |
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| Thursday, February 23, 2023 | ||
| 10 | 10
2
pgs
order
Order Setting Case for Trial
Thu 02/23 2:05 PM
ORDER: Pretrial Conference set for 6/24/2024 09:30 AM in Courtroom 5A before Magistrate Judge Alistair Newbern. Exhibit List due by 6/10/2024. Witness List due by 6/10/2024. Proposed Pretrial Order due by 6/10/2024. Signed by Magistrate Judge Alistair Newbern on 02/23/23. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ad) Modified on 2/23/2023 (ad) |
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| Wednesday, February 22, 2023 | ||
| 9 | 9
1
pgs
order
Order Setting Case for Trial
Wed 02/22 4:19 PM
ORDER SETTING CASE FOR TRIAL: Bench Trial set for 7/2/2024 09:00 AM in Courtroom 6C before District Judge Aleta A. Trauger. It is further ORDERED that the Magistrate Judge shall conduct the pretrial conference, rule on all motions in limine, and enter a pretrial order. She shall assist the plaintiff with the preparation of subpoenas, discuss exhibits, and all other matters necessary for having the case prepared to be tried on the date set. Signed by District Judge Aleta A. Trauger on 02/22/23. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ad) |
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| Tuesday, February 21, 2023 | ||
| 8 | 8
order
Scheduling Order
Tue 02/21 3:39 PM
SCHEDULING ORDER: Amended Pleadings due by 4/24/2023. Discovery due by 8/24/2023. Motions due by 10/24/2023. Signed by Magistrate Judge Alistair Newbern on 02/21/23. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ad) |
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misc
Annotation - Bar Status
Tue 02/21 9:10 AM
TN State Bar status verified as active for Timothy L. Warnock, Keane A. Barger, Jacob William Neu admitted to this court . (ad) |
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| Friday, February 17, 2023 | ||
| 7 | 7
answer
Answer to Complaint
Fri 02/17 11:17 AM
ANSWER to1 Complaint by Starstruck Entertainment, LLC, The Alexander Trust.(Warnock, Timothy) |
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Att: 1
Exhibit 1 - Opinion,
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Att: 2
Exhibit 2 - Order
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| Tuesday, February 14, 2023 | ||
| 6 | 6
2
pgs
order
Order on Motion for Miscellaneous Relief
Tue 02/14 2:19 PM
ORDER: The4 motion is GRANTED. Starstruck and The Alexander Trust respectfully request the Court to enlarge the time to respond from Wednesday, February 8, 2023, by nine days to Friday, February 17, 2023. Signed by Magistrate Judge Alistair Newbern on 02/14/23. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ad) |
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| Monday, February 13, 2023 | ||
| 5 | 5
2
pgs
order
Order Referring Case to Magistrate Judge
Mon 02/13 3:38 PM
ORDER REFERRING CASE to Magistrate Judge Alistair Newbern. Signed by District Judge Aleta A. Trauger on 02/13/23. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ad) |
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| Wednesday, February 08, 2023 | ||
| 4 | 4
motion
Miscellaneous Relief
Wed 02/08 10:56 AM
MOTION to Enlarge by Starstruck Entertainment, LLC, The Alexander Trust. (Warnock, Timothy) |
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| Wednesday, February 01, 2023 | ||
| 3 | 3
service
Summons Issued
Wed 02/01 1:57 PM
Summons issued as to Starstruck Entertainment, LLC, The Alexander Trust. Summons handed back to plaintiff at intake. (ad) |
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| Thursday, January 19, 2023 | ||
| 2 | 2
notice
Notice/Information re Consent of the Parties to MJ
Thu 01/19 10:30 AM
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ad) |
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misc
Annotation - Docket
Thu 01/19 10:40 AM
Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included.) (ad) |
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| Wednesday, January 18, 2023 | ||
| 1 | 1
cmp
Complaint
Wed 01/18 4:29 PM
COMPLAINT/APPEAL against Starstruck Entertainment, LLC, The Alexander Trust (Filing fee $402, Receipt number 34675068209), filed by Jay Wilfong.(ad) |
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Att: 1
Attachment - Receipt
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