Gucci America, Inc. v. Sam's West, Inc. et al
| New York Southern District Court | |
| Judge: | J Paul Oetken |
| Case #: | 1:23-cv-10246 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1114 Trademark Infringement (Lanham Act) |
| Case Filed: | Nov 21, 2023 |
| Terminated: | Nov 22, 2024 |
| Last checked: Sunday May 19, 2024 5:15 AM EDT |
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Defendant
ASL Industries, Inc.
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Represented By
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Defendant
Brothers Trading Co., Inc.
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Represented By
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Defendant
Sam's West, Inc.
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Represented By
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Defendant
Does 1-10
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Plaintiff
Gucci America, Inc.
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Represented By
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| Docket last updated: 5 hours ago |
| Monday, November 25, 2024 | ||
| 34 | 34
3
pgs
misc
AO 120 Form Trademark - Case Terminated - Submitted
Mon 11/25 9:46 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 11/22/2024 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). (km) |
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| Friday, November 22, 2024 | ||
| 33 | 33
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misc
Stipulation of Voluntary Dismissal
Fri 11/22 4:36 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) ASL Industries, Inc., Brothers Trading Co., Inc., Sam's West, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Gucci America, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Margiotta, John) |
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| Tuesday, July 16, 2024 | ||
| 32 | 32
order
Order
Tue 07/16 11:20 AM
ORDER: The parties' joint request made at the July 16, 2024 conference to extend fact discovery is granted. Fact discovery shall conclude by December 20, 2024. The parties shall submit a joint status letter by December 20, 2024 apprising the Court of the status of the case and whether the parties intend to proceed with expert discovery. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (mg) |
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minutes
Status Conference
Tue 07/16 11:14 AM
Minute Entry for proceedings held before Judge J. Paul Oetken: Telephonic Status Conference held on 7/16/2024. Fact discovery is extended to December 20, 2024. See transcript. (bh) |
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| Friday, July 12, 2024 | ||
| 31 | 31
order
Protective Order
Mon 07/15 9:23 AM
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED: (Signed by Judge J. Paul Oetken on 7/12/24) (yv) |
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| Thursday, July 11, 2024 | ||
| 30 | 30
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misc
Letter
Thu 07/11 5:54 PM
JOINT LETTER addressed to Judge J. Paul Oetken from John P. Margiotta dated July 11, 2024 re: Protective Order. Document filed by Gucci America, Inc...(Margiotta, John) |
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Att: 1
7 pgs
Exhibit A - Proposed Protective Order,
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Att: 2
9 pgs
Exhibit B - Redline of Protective Order
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| Monday, April 15, 2024 | ||
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order
Case Management Plan
Mon 04/15 4:33 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Depositions shall be completed by 10/15/2024. All expert discovery, including expert depositions, shall be completed no later than 1/14/2025. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days. The next Case Management Conference is scheduled for July 16, 2024, at 11:00 am by telephone conference (888-557-8511; passcode 9300838). Deposition due by 1/14/2025. Fact Discovery due by 10/15/2024. Expert Discovery due by 1/14/2025. Telephone Conference set for 7/16/2024 at 11:00 AM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 4/15/2024) (ate) |
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minutes
Pretrial Conference - Initial
Fri 05/03 12:16 PM
Minute Entry for proceedings held before Judge J. Paul Oetken: Telephonic Initial Pretrial Conference held on 4/15/2024. Fact Discovery is due by 10/15/2024. Expert Discovery is due by 1/14/2025. Telephone Conference set for 7/16/2024 at 11:00 AM. See order. (bh) |
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| Wednesday, April 10, 2024 | ||
| 28 | 28
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misc
Proposed Case Management Plan
Wed 04/10 11:43 AM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Gucci America, Inc...(Margiotta, John) |
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| Thursday, March 21, 2024 | ||
| 27 | 27
2
pgs
order
Order for Initial Pretrial Conference
Thu 03/21 6:43 PM
ORDER: Initial Conference set for 4/15/2024 at 03:30 PM before Judge J. Paul Oetken. Counsel should call (888) 557-8511 at the scheduled time. The access code is 9300838. SO ORDERED (Signed by Judge J. Paul Oetken on 3/21/2024) (ks) |
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| 26 | 26
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answer
Answer to Complaint
Thu 03/21 3:19 PM
ANSWER to1 Complaint,. Document filed by ASL Industries, Inc., Brothers Trading Co., Inc., Sam's West, Inc...(Werbin, Barry) |
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| Friday, February 16, 2024 | ||
| 25 | 25
order
Order on Motion for Extension of Time to Answer
Fri 02/16 10:10 AM
ORDER granting24 Letter Motion for Extension of Time to Answer: Granted. Defendants shall move, answer, or otherwise respond to the complaint on or before March 21, 2024. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (dgl) |
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| Thursday, February 15, 2024 | ||
| 24 | 24
motion
Extension of Time to File Answer
Thu 02/15 4:35 PM
THIRD LETTER MOTION for Extension of Time to File Answer re:1 Complaint, addressed to Judge J. Paul Oetken from Barry Werbin dated February 15, 2024. Document filed by ASL Industries, Inc., Brothers Trading Co., Inc., Sam's West, Inc...(Werbin, Barry) |
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| Friday, January 12, 2024 | ||
| 23 | 23
order
Order on Motion for Extension of Time to Answer
Fri 01/12 12:49 PM
ORDER granting22 Letter Motion for Extension of Time to Answer: Granted. Defendants shall move, answer, or otherwise respond to the complaint on or before February 20, 2024. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (dgl) |
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| 22 | 22
motion
Extension of Time to File Answer
Fri 01/12 12:01 PM
SECOND LETTER MOTION for Extension of Time to File Answer re: 19 Order on Motion for Extension of Time to Answer,1 Complaint, addressed to Judge J. Paul Oetken from Barry Werbin dated January 12, 2024. Document filed by ASL Industries, Inc., Brothers Trading Co., Inc., Sam's West, Inc...(Werbin, Barry) |
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| Wednesday, December 20, 2023 | ||
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service
Summons Returned Executed
Wed 12/20 12:56 PM
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Brothers Trading Co., Inc. served on 11/28/2023, answer due 1/19/2024. Service was accepted by McKenzie Hartman, service of process intake of CSC, the Registered Agent of Service. Document filed by Gucci America, Inc...(Eudy, Parker) |
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service
Summons Returned Executed
Wed 12/20 12:31 PM
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Sam's West, Inc. served on 11/28/2023, answer due 1/19/2024. Service was accepted by Pat Flake, Legal Analyst. Document filed by Gucci America, Inc...(Eudy, Parker) |
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| Wednesday, December 13, 2023 | ||
| 19 | 19
order
Order on Motion for Extension of Time to Answer
Wed 12/13 12:28 PM
ORDER granting18 Letter Motion for Extension of Time to Answer: Granted. Defendants shall move, answer, or otherwise respond to the complaint on or before January 19, 2024. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (dgl) |
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| 18 | 18
motion
Extension of Time to File Answer
Wed 12/13 11:43 AM
CONSENT LETTER MOTION for Extension of Time to File Answer re:1 Complaint, or otherwise respond addressed to Judge J. Paul Oetken. Document filed by ASL Industries, Inc., Brothers Trading Co., Inc., Sam's West, Inc...(Werbin, Barry) |
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| 17 | 17
misc
Rule 7.1 Corporate Disclosure Statement
Wed 12/13 11:36 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brothers Trading Co., Inc...(Werbin, Barry) |
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| 16 | 16
misc
Rule 7.1 Corporate Disclosure Statement
Wed 12/13 11:35 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ASL Industries, Inc...(Werbin, Barry) |
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misc
Rule 7.1 Corporate Disclosure Statement
Wed 12/13 11:33 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WALMART INC. for Sam's West, Inc.. Document filed by Sam's West, Inc...(Werbin, Barry) |
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| 14 | 14
notice
Notice of Appearance
Wed 12/13 11:10 AM
NOTICE OF APPEARANCE by Barry Werbin on behalf of ASL Industries, Inc., Brothers Trading Co., Inc., Sam's West, Inc...(Werbin, Barry) |
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| 13 | 13
notice
Notice of Appearance
Wed 12/13 11:06 AM
NOTICE OF APPEARANCE by Darlene B. Fairman on behalf of ASL Industries, Inc., Brothers Trading Co., Inc., Sam's West, Inc...(Fairman, Darlene) |
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| Tuesday, November 21, 2023 | ||
| 4 | 4
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AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Margiotta, John)
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CIVIL COVER SHEET filed..(Margiotta, John)
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Kering SA, Other Affiliate Kering Holland NV, Other Affiliate Kering Americas, Inc. for Gucci America, Inc.. Document filed by Gucci America, Inc...(Margiotta, John)
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| 1 | 1
23
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COMPLAINT against ASL Industries, Inc., Brothers Trading Co., Inc., Sam's West, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28602277)Document filed by Gucci America, Inc...(Margiotta, John)
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Att: 1
Exhibit A - Registrations
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