Apparatus LLC v. Wayfair LLC

New York Southern District Court
Judge:	Colleen Mcmahon
Case #:	1:23-cv-06991
Nature of Suit	840 Property Rights - Trademark
Cause	15:1114 Trademark Infringement (Lanham Act)

Case Filed:	Aug 08, 2023
Terminated:	Dec 04, 2023

Docket
Parties (2)

Last checked: Sunday Feb 04, 2024 4:28 AM EST

Defendant Wayfair LLC
Plaintiff Apparatus LLC	Represented By Marc P. Misthal Gottlieb Rackman & Reisman, P.C. contact info Patrick Burke Monahan Gottlieb, Rackman & Reisman, P.C. contact info

Docket last updated: 10/07/2025 11:59 PM EDT

Monday, December 04, 2023
16		16 misc AO 120 Form Trademark - Case Terminated - Submitted Mon 12/04 9:40 AM 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 12/1/2023 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)..(tp) Related: [-]
Friday, December 01, 2023
15		15 notice Notice of Voluntary Dismissal Fri 12/01 12:29 PM NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Wayfair LLC. Document filed by Apparatus LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Monahan, Patrick) Related: [-]
Wednesday, October 25, 2023
14		14 order Order on Motion to Adjourn Conference Wed 10/25 5:01 PM ORDER granting13 Letter Motion to Adjourn Conference. Let's put everything off for 30 days and hope you reach a settlement.. (Signed by Judge Colleen McMahon on 10/25/2023) (jca) Related: [-]
13		13 motion Adjourn Conference Wed 10/25 11:18 AM CONSENT LETTER MOTION to Adjourn Conference and for Extension of Time To Submit Civil Case Management Plan addressed to Judge Colleen McMahon from Marc P. Misthal dated October 25, 2023. Document filed by Apparatus LLC..(Misthal, Marc) Related: [-]
Monday, October 23, 2023
12		12 service Waiver of Service Executed Mon 10/23 4:03 PM WAIVER OF SERVICE RETURNED EXECUTED. Wayfair LLC waiver sent on 10/18/2023, answer due 12/18/2023. Document filed by Apparatus LLC..(Misthal, Marc) Related: [-]
Monday, September 25, 2023
11		11 order Order on Motion for Extension of Time Mon 09/25 10:32 AM ORDER granting10 Letter Motion for Extension of Time. OK. (Signed by Judge Colleen McMahon on 9/25/2023) (rro) Related: [-]
Thursday, September 21, 2023
10		10 motion Extension of Time Thu 09/21 4:30 PM CONSENT LETTER MOTION for Extension of Time to Submit Civil Case Management Plan addressed to Judge Colleen McMahon from Marc P. Misthal dated September 21, 2023. Document filed by Apparatus LLC..(Misthal, Marc) Related: [-]
Wednesday, September 06, 2023
9		9 order Order for Initial Pretrial Conference Wed 09/06 4:04 PM ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: It is hereby, ORDERED as follows: Counsel receiving this order shall contact all counsel of record (or where a party is not yet represented, such party) and, if necessary, provide them with a copy of this order. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must participate in a telephone conference on 11/16/2023 at 11:30 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. (Initial Conference set for 11/16/2023 at 11:30 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 9/6/23) (yv) Related: [-]
Wednesday, August 09, 2023
8		8 misc AO 120 Form Trademark - Case Opening - Submitted Wed 08/09 11:32 AM 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)..(jgo) Related: [-]
7		7 service Summons Issued Wed 08/09 11:31 AM ELECTRONIC SUMMONS ISSUED as to Wayfair LLC..(jgo) Related: [-]
6		6 notice Notice of Appearance Wed 08/09 10:23 AM NOTICE OF APPEARANCE by Patrick Burke Monahan on behalf of Apparatus LLC..(Monahan, Patrick) Related: [-]
		notice Case Opening Initial Assignment Notice Wed 08/09 11:19 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) Related: [-]
		utility Case Designation Wed 08/09 11:20 AM Magistrate Judge Barbara C. Moses 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) Related: [-]
		utility Case Designated ECF Wed 08/09 11:20 AM Case Designated ECF. (jgo) Related: [-]
Tuesday, August 08, 2023
5		5 service Request for Issuance of Summons Tue 08/08 6:15 PM REQUEST FOR ISSUANCE OF SUMMONS as to Wayfair LLC, re:1 Complaint,. Document filed by Apparatus LLC..(Misthal, Marc) Related: [-]
4		4 misc Rule 7.1 Corporate Disclosure Statement Tue 08/08 6:08 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Apparatus Holdings, LLC, Corporate Parent Apparatus Parent, LLC for Apparatus LLC. Document filed by Apparatus LLC..(Misthal, Marc) Related: [-]
3		3 1 pgs misc AO 120 Form Patent/Trademark - Notice of Submission by Attorney Tue 08/08 6:06 PM AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Misthal, Marc) Related: [-]
2		2 misc Civil Cover Sheet Tue 08/08 6:02 PM CIVIL COVER SHEET filed..(Misthal, Marc) Related: [-]
1		1 33 pgs cmp Complaint Tue 08/08 5:52 PM COMPLAINT against Wayfair LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28120627)Document filed by Apparatus LLC..(Misthal, Marc) Related: [-]
		Att: 1 Exhibit A - Cloud Trademark Registration Information,
		Att: 2 Exhibit B - Selection of Press Coverage,
		Att: 3 Exhibit C - Dharmendr 3 Fixture,
		Att: 4 Exhibit D - 4.17.2023 Notice Letter,
		Att: 5 Exhibit E - Flux Fixture,
		Att: 6 Exhibit F - Contemporary Fixture

Continue to Create Account