BTL INDUSTRIES, INC v. VERSALINI BEAUTY & SPA SALON

New York Southern District Court
Judge:	Lewis J Liman
Case #:	1:23-cv-08617
Nature of Suit	830 Property Rights - Patent
Cause	35:271 Patent Infringement

Case Filed:	Sep 29, 2023
Terminated:	Jul 24, 2024

Docket
Parties (2)

Last checked: Wednesday Mar 27, 2024 6:43 AM EDT

Defendant Versalini Beauty & Spa Salon
Plaintiff BTL Industries, Inc.	Represented By Padmaja Chinta Chinta & Fratangelo LLP contact info

Docket last updated: 2 hours ago

Wednesday, July 24, 2024
30		30 order Judgment Wed 07/24 11:53 AM FINAL JUDGMENT AND PERMANENT INJUNCTION: It is hereby ORDERED, ADJUDGED, and DECREED that for the reasons stated in the Court's Opinion and Order dated July 8, 2024, the Court awards judgment in favor of Plaintiff as follows: 1.The Court has subject matter and personal jurisdiction over this action and the parties. 2. Venue is proper before this District. 3. Judgment is entered on the Complaint brought by Plaintiff against Defendant Versalini Beauty & Spa Salon on all causes of action brought against it, as follows: a. Judgment is entered for Plaintiff and against Defendant on the first cause of action for infringement of U.S. Patent No. 10,478,634. b. Judgment is entered for Plaintiff and against Defendant on the second cause of action for trademark infringement under 15 U.S.C. � 1114. c. Judgment is entered for Plaintiff and against Defendant on the third cause of action for federal unfair competition, false designation of origin, and false advertising under 15 U.S.C. � 1125. d. Judgment is entered for Plaintiff and against Defendant on the fourth cause of action for common law trademark infringement and unfair competition.4. Plaintiff is awarded $200,000 in statutory damages against Defendants. 5. Plaintiff is awarded a permanent injunction against Defendant. Defendant is permanently enjoined from: a. Using BTL Trademarks to promote, market, advertise, or offer for sale any good or service that is not offered by a genuine BTL product, or is not authorized by BTL; b. Passing off, inducing, or enabling others to sell or pass off any good or service as a good or service offered by a genuine BTL product that is not BTL's or not offered with BTL's approval; and c. Further infringing BTL's trademarks and patent. 6. Plaintiff's Motion to Seal portions of its memorandum of law, Dkt. No. 20, and declaration of Jason Wooden, Dkt. No. 22, in support of its motion for default judgment, Dkt. No. 14, is granted. SO ORDERED. (Signed by Judge Lewis J. Liman on 7/24/2024) (tg) Related: [-]
Tuesday, July 23, 2024
29		29 misc Proposed Judgment Tue 07/23 10:51 AM PROPOSED JUDGMENT. Document filed by BTL Industries, Inc...(Chinta, Padmaja) Related: [-]
Monday, July 08, 2024
28		28 20 pgs order Memorandum & Opinion Mon 07/08 12:02 PM OPINION AND ORDER re:14 LETTER MOTION to Seal redact default judgment motion papers addressed to Judge Lewis J. Liman from Padmaja Chinta dated 1 30-2024 filed by BTL Industries, Inc.,19 MOTION for Default Judgment as to Versalini Beauty & Spa Salon . filed by BTL Industries, Inc.. The motion for default judgment, Dkt. No. 19, and the motion to seal, Dkt. No. 14, are GRANTED. Plaintiff shall submit a proposed judgment consistent with this Opinion and Order on or before July 23, 2024. The Clerk of Court is respectfully directed to close Dkt. Nos. 14 and 19. SO ORDERED. (Signed by Judge Lewis J. Liman on 7/8/2024) (ks) Related: [-]
Wednesday, June 26, 2024
27		27 notice Notice of Change of Address Wed 06/26 11:36 AM NOTICE OF CHANGE OF ADDRESS by Padmaja Chinta on behalf of BTL Industries, Inc.. New Address: Dunnington Bartholow & Miller LLP, 230 Park Avenue, 21st Floor, New York, New York, United States 10169, 2126828811..(Chinta, Padmaja) Related: [-]
Friday, February 02, 2024
26		26 service Affidavit of Service Other Fri 02/02 3:20 PM AFFIDAVIT OF SERVICE of Motion for Default Judgment served on Versalini Beauty & Spa Salon on 2-1-24. Service was accepted by Beatriz Acosta, Clerk. Document filed by BTL Industries, Inc...(Chinta, Padmaja) Related: [-]
25		25 order Order on Motion to Adjourn Conference Fri 02/02 8:50 AM ORDER granting24 Letter Motion to Adjourn Conference. IPTC is adjourned sine die. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) Related: [-]
Thursday, February 01, 2024
24		24 motion Adjourn Conference Thu 02/01 4:48 PM LETTER MOTION to Adjourn Conference addressed to Judge Lewis J. Liman from Padmaja Chinta dated 2-1-24. Document filed by BTL Industries, Inc...(Chinta, Padmaja) Related: [-]
Wednesday, January 31, 2024
		misc Notice to Court Regarding Proposed Order Wed 01/31 10:33 AM ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. 23 Proposed Default Judgment was reviewed and approved as to form. (tp) Related: [-]
Tuesday, January 30, 2024
23		23 misc Proposed Default Judgment Tue 01/30 5:36 PM PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by BTL Industries, Inc...(Chinta, Padmaja) Related: [-]
22		22 respm Declaration in Support of Motion Tue 01/30 5:29 PM DECLARATION of JASON WOODEN in Support re:19 MOTION for Default Judgment as to Versalini Beauty & Spa Salon .. Document filed by BTL Industries, Inc...(Chinta, Padmaja) Related: [-]
21		21 respm Declaration in Support of Motion Tue 01/30 5:27 PM DECLARATION of JOHN STEVENS in Support re:19 MOTION for Default Judgment as to Versalini Beauty & Spa Salon .. Document filed by BTL Industries, Inc...(Chinta, Padmaja) Related: [-]
		Att: 1 Exhibit Pleadings copy -part1,
		Att: 2 Exhibit Pleadings copy -part2,
		Att: 3 Exhibit Pleadings copy -part3,
		Att: 4 Exhibit Affidavit of Service,
		Att: 5 Exhibit Clerk's Certificate of Default
20		20 30+ pgs respm Memorandum of Law in Support of Motion Tue 01/30 5:19 PM MEMORANDUM OF LAW in Support re:19 MOTION for Default Judgment as to Versalini Beauty & Spa Salon . . Document filed by BTL Industries, Inc...(Chinta, Padmaja) Related: [-]
19		19 motion Default Judgment Tue 01/30 5:15 PM MOTION for Default Judgment as to Versalini Beauty & Spa Salon . Document filed by BTL Industries, Inc...(Chinta, Padmaja) Related: [-]
18		18 respm Declaration in Support of Motion Tue 01/30 5:07 PM *EX-PARTE*DECLARATION of JASON WOODEN in Support re:14 LETTER MOTION to Seal redact default judgment motion papers addressed to Judge Lewis J. Liman from Padmaja Chinta dated 1 30-2024 . Document filed by BTL Industries, Inc.. Motion or Order to File Under Seal:14 .(Chinta, Padmaja) Related: [-]
17		17 respm Memorandum of Law in Support of Motion Tue 01/30 5:03 PM *EX-PARTE* MEMORANDUM OF LAW in Support re:14 LETTER MOTION to Seal redact default judgment motion papers addressed to Judge Lewis J. Liman from Padmaja Chinta dated 1 30-2024 . Document filed by BTL Industries, Inc.. Motion or Order to File Under Seal:14 .(Chinta, Padmaja) Related: [-]
16		16 misc Redacted Document Tue 01/30 4:41 PM REDACTION to14 LETTER MOTION to Seal redact default judgment motion papers addressed to Judge Lewis J. Liman from Padmaja Chinta dated 1 30-2024 Redacted Wooden Decl ISO Default Judgment Motion by BTL Industries, Inc..(Chinta, Padmaja) Related: [-]
15		15 misc Redacted Document Tue 01/30 4:40 PM REDACTION to14 LETTER MOTION to Seal redact default judgment motion papers addressed to Judge Lewis J. Liman from Padmaja Chinta dated 1 30-2024 Redacted Memo ISO Default Judgment Motion by BTL Industries, Inc..(Chinta, Padmaja) Related: [-]
14		14 motion Seal Tue 01/30 4:35 PM LETTER MOTION to Seal redact default judgment motion papers addressed to Judge Lewis J. Liman from Padmaja Chinta dated 1 30-2024 Document filed by BTL Industries, Inc...(Chinta, Padmaja) Related: [-]
Thursday, January 25, 2024
13		13 1 pgs order Order for Initial Pretrial Conference Thu 01/25 6:09 PM NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/9/2024 at 11:00 AM before Judge Lewis J. Liman. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/25/2024) (vfr) Related: [-]
Friday, November 17, 2023
11		11 respoth Declaration (non-motion) Fri 11/17 9:13 PM DECLARATION of Padmaja Chinta re:10 Proposed Clerk's Certificate of Default . Document filed by BTL Industries, Inc...(Chinta, Padmaja) Related: [-]
		Att: 1 Exhibit A - Request for Certificate of Default
10		10 misc Proposed Clerk's Certificate of Default Fri 11/17 9:03 PM PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by BTL Industries, Inc...(Chinta, Padmaja) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers) Related: [-]
Wednesday, October 25, 2023
9		9 service Affidavit of Service Complaints Wed 10/25 5:58 PM AFFIDAVIT OF SERVICE of Summons and Complaint,. Versalini Beauty & Spa Salon served on 10/6/2023, answer due 10/27/2023. Service was accepted by Anam Q, Clerk. Document filed by BTL Industries, Inc...(Chinta, Padmaja) Related: [-]
Tuesday, October 03, 2023
8		8 misc AO 120 Form Patent - Case Opening - Submitted Tue 10/03 12:05 PM AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(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: [-]
Monday, October 02, 2023
7		7 1 pgs misc AO 120 Form Patent/Trademark - Notice of Submission by Attorney Mon 10/02 2:26 PM AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Chinta, Padmaja) Related: [-]
6		6 service Summons Issued Mon 10/02 12:40 PM ELECTRONIC SUMMONS ISSUED as to Versalini Beauty & Spa Salon. (vf) Related: [-]
5		5 misc Civil Cover Sheet Mon 10/02 11:47 AM CIVIL COVER SHEET filed..(Chinta, Padmaja) Related: [-]
		misc Notice to Attorney Regarding Party Modification Mon 10/02 10:24 AM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Padmaja Chinta. The party information for the following party/parties has been modified: BTL INDUSTRIES, INC, VERSALINI BEAUTY & SPA SALON. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) Related: [-]
		misc Notice to Attorney Regarding Deficient Civil Cover Sheet Mon 10/02 10:26 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Padmaja Chinta to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Nature of Suit Error. Place an [X] in One Box Only. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Mon 10/02 12:35 PM ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Padmaja Chinta. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1338pt Patent Infringement; County code Albany. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 35:271 Patent Infringement; the County code has been modified to XX Out of State. (vf) Related: [-]
		misc Notice to Attorney to Submit AO 120 Form/AO 121 Form Mon 10/02 12:36 PM ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Padmaja Chinta to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (vf) Related: [-]
		notice Case Opening Initial Assignment Notice Mon 10/02 12:37 PM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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] ..(vf) Related: [-]
		utility Case Designation Mon 10/02 12:37 PM Magistrate Judge Gabriel W. Gorenstein 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] . (vf) Related: [-]
		utility Case Designated ECF Mon 10/02 12:37 PM Case Designated ECF. (vf) Related: [-]
Friday, September 29, 2023
4		4 service Request for Issuance of Summons Fri 09/29 7:00 PM REQUEST FOR ISSUANCE OF SUMMONS as to Versalini Beauty & Spa Salon, re:1 Complaint,. Document filed by BTL INDUSTRIES, INC..(Chinta, Padmaja) Related: [-]
3		3 misc Rule 7.1 Corporate Disclosure Statement Fri 09/29 6:57 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BTL Holding Limited for BTL INDUSTRIES, INC. Document filed by BTL INDUSTRIES, INC..(Chinta, Padmaja) Related: [-]
2		2 misc Civil Cover Sheet Fri 09/29 6:45 PM CIVIL COVER SHEET filed..(Chinta, Padmaja) Related: [-]
1		1 18 pgs cmp Complaint Fri 09/29 6:35 PM COMPLAINT against VERSALINI BEAUTY & SPA SALON. (Filing Fee $ 402.00, Receipt Number ANYSDC-28361821)Document filed by BTL INDUSTRIES, INC..(Chinta, Padmaja) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3,
		Att: 4 Exhibit 4,
		Att: 5 Exhibit 5,
		Att: 6 Exhibit 6

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