DD IP Holder LLC v. Atlanta Airport Concessions, LLC et al
| Georgia Northern District Court | |
| Judge: | Eleanor L Ross |
| Case #: | 1:24-cv-03789 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1114 Trademark Infringement |
| Case Filed: | Aug 26, 2024 |
| Re-opened: | Dec 10, 2024 |
| Terminated: | Dec 09, 2024 |
| Last checked: Saturday Feb 22, 2025 5:50 AM EST |
|
Cross Claimant
Apres-Diem, Inc.
|
Represented By
|
|
Cross Defendant
BGB Enterprises, LLC
|
Represented By
|
|
Defendant
Apres-Diem, Inc.
|
Represented By
|
|
Defendant
BGB Enterprises, LLC
|
Represented By
|
|
Plaintiff
DD IP Holder LLC
|
Represented By
|
| TERMINATED PARTIES | |
|
Cross Defendant
Atlanta Airport Concessions, LLC
Terminated: 12/09/2024
|
Represented By
|
|
Cross Defendant
Roberson and Reynolds - Food and Beverage Management Services, LLC
Terminated: 12/09/2024
|
Represented By
|
|
Defendant
Atlanta Airport Concessions, LLC
Terminated: 12/09/2024
|
Represented By
|
|
Defendant
Roberson and Reynolds - Food and Beverage Management Services, LLC
Terminated: 12/09/2024
|
Represented By
|
| Docket last updated: 1 hours ago |
| Tuesday, December 10, 2024 | ||
| 37 | 37
2
pgs
order
Order
Tue 12/10 10:45 AM
ORDER: Because the Court ordered final judgment as to less than all Parties, the Clerk is DIRECTED to REOPEN this matter. Defendants Atlanta Airport Concessions, LLC and Roberson and Reynolds-Food and Beverage Management Services, LLC are DISMISSED from this action pursuant to the Order of final judgement. Doc.35 . Plaintiff's claims against Defendants Apres-Diem, Inc. and BGB Enterprises, LLC remain pending. Signed by Judge Eleanor L. Ross on 12/10/2024. (ajw) |
|
| Monday, December 09, 2024 | ||
| 36 | 36
misc
A.O. Form 120
Mon 12/09 2:28 PM
AO Form 120 forwarded to Commissioner. (ajw) |
|
|
Att: 1
Supplement A
|
||
| 35 | 35
order
Judgment
Mon 12/09 2:20 PM
FINAL JUDGMENT in favor of Plaintiff against Defendants Signed by Judge Eleanor L. Ross on 12/9/2024. --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--(ajw) |
|
|
utility
Terminate Civil Case
Mon 12/09 2:24 PM
Civil Case Terminated. (ajw) |
||
| Thursday, December 05, 2024 | ||
| 34 | 34
misc
Stipulation
Thu 12/05 4:04 PM
STIPULATION for Entry of Final Judgment by DD IP Holder LLC, Atlanta Airport Concessions, LLC, Roberson and Reynolds - Food and Beverage Management Services, LLC.(Carrier, Sarah) |
|
|
Att: 1
Proposed Final Judgement
|
||
| Tuesday, December 03, 2024 | ||
| 33 | 33
answer
Answer to Crossclaim
Tue 12/03 7:28 PM
ANSWER to30 Crossclaim by Atlanta Airport Concessions, LLC.(Fuller, Stephen) |
|
| Wednesday, November 13, 2024 | ||
| 32 | 32
order
Scheduling Order
Wed 11/13 11:00 AM
SCHEDULING ORDER: re:31 Joint Preliminary Report and Discovery Plan Discovery ends on 5/15/2025. Signed by Judge Eleanor L. Ross on 11/13/2024. (ajw) Modified on 11/13/2024 to edit typo (mlb) |
|
| Tuesday, November 12, 2024 | ||
| 31 | 31
misc
Joint Preliminary Report and Discovery Plan
Tue 11/12 8:48 PM
JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by DD IP Holder LLC.(Carrier, Sarah) |
|
|
Att: 1
Text of Proposed Order
|
||
| 30 | 30
answer
Answer to Complaint Crossclaim
Tue 11/12 12:39 AM
APRES-DIEM, INC'S ANSWER to1 COMPLAINT with Jury Demand , CROSSCLAIM against Atlanta Airport Concessions, LLC, BGB Enterprises, LLC, Roberson and Reynolds - Food and Beverage Management Services, LLC with Jury Demand by Apres-Diem, Inc..(Graham, Jason) |
|
| Tuesday, November 05, 2024 | ||
|
order
Order
Tue 11/05 3:16 PM
MINUTE ORDER (by docket entry only). Local Rule 16.2 requires filing of a Joint Preliminary Report and Discovery Plan ("JPRDP") within 30 days of the appearance of the first defendant by answer or motion. A defendant has appeared here by motion and by answer, and the time to file a JPRDP has run. The Parties are ORDERED to file their JPRDP no later than 7 DAYS after the entry of this order. Approved by District Judge Eleanor L. Ross on 11/5/24. (mlb) |
||
| Friday, October 18, 2024 | ||
| 29 | 29
1
pgs
order
Order on Motion for Extension of Time to Answer
Fri 10/18 3:22 PM
ORDER granting28 Motion for Extension of Time to Answer or otherwise Respond to Plaintiff's Complaint. It is hereby ORDERED that the time for Defendant Apres-Diem, Inc. to file its answer, and any counterclaims or cross claims, or otherwise respond to Plaintiff's Complaint is extended to and including November 8, 2024. Signed by Judge Eleanor L. Ross on 10/18/2024. (ajw) |
|
| 28 | 28
motion
Extension of Time to File Answer to Complaint
Fri 10/18 2:37 PM
Second MOTION for Extension of Time to File Answer re1 Complaint, by Apres-Diem, Inc..(Graham, Jason) |
|
|
Att: 1
Text of Proposed Order Proposed Order
|
||
| Monday, September 30, 2024 | ||
| 27 | 27
answer
Answer to Complaint
Mon 09/30 1:57 PM
ANSWER to1 COMPLAINT by Atlanta Airport Concessions, LLC. Discovery ends on 2/27/2025.(Fuller, Stephen) |
|
| Friday, September 27, 2024 | ||
| 26 | 26
notice
Notice (Other)
Fri 09/27 1:58 PM
NOTICE by DD IP Holder LLC re25 Order, Notice Regarding the Status of Plaintiffs Motion for Preliminary Injunction (Carrier, Sarah) |
|
|
order
Order
Fri 09/27 4:26 PM
MINUTE ORDER (by docket entry only). On September 27, 2024, Plaintiff filed a notice by which it represents that its motion for preliminary injunction (the "PI Motion") is now moot. [See Docs. 3, 26]. Accordingly, the Court CANCELS the hearing on the PI Motion that was previously scheduled for October 8, 2024. [See Doc. 9]. Approved by District Judge Eleanor L. Ross on 9/27/24. (mlb) |
||
|
notice
Notice (Other)
Fri 09/27 4:32 PM
NOTICE OF CANCELLATION OF HEARING. The Hearing scheduled [Doc.9] for October 8, 2024 at 2:00 pm is CANCELED. (mlb) |
||
| Monday, September 23, 2024 | ||
| 25 | 25
2
pgs
order
Order
Mon 09/23 10:28 AM
ORDER: The Court DIRECTS Plaintiff to, on or before Friday, September 27, 2024, file a notice on the docket regarding the status of the PI Motion and whether any of Plaintiff's claims for preliminary injunction contained therein are still live, including but not limited to, Plaintiff's claims against Defendant Apres- Diem. Signed by Judge Eleanor L. Ross on 09/23/2024. (ajw) |
|
| Thursday, September 19, 2024 | ||
| 24 | 24
3
pgs
order
Order on Motion for Preliminary Injunction
Fri 09/20 8:22 AM
ORDER granting3 Motion for Permanent Injunction. THE COURT FINDS DD IP is entitled to a permanent injunction under Rule 65 of the Federal Rules of Civil Procedure. Pursuant to this injunction, Defendants, together with their respective shareholders, members, partners, officers, directors, and guarantors, and any person or entity in active concert or participation with them or who has a direct or indirect beneficial interest in the restaurant (collectively the Enjoined Parties) formerly operated at the Atlanta Hartsfield International Airport, 6000 N. Terminal Pkwy, Terminal A, Atlanta, GA 30320 under a franchise agreement between AAC and Dunkin Donuts Franchising LLC (the Restaurant), are hereby permanently enjoined from: Representing themselves to the public as a Dunkin' Donuts franchisee at or in connection with the operation of the Restaurant. Using any of DD IP's trademarks, or Dunkin trade secrets, confidential information, or manuals at or in connection with the operation of the Restaurant; Participating, directly or indirectly, in the use or benefits of the Dunkin Donuts' franchise system at or in connection with the operation of the Restaurant; Contesting or assisting others in contesting the validity or ownership of DD IPs trademarks in any jurisdiction; or Registering, applying to register, or otherwise seeking to use or any way or control DD IP's trademarks or any confusingly similar form or variation of DD IP's trademarks. Signed by Judge Eleanor L. Ross on 09/19/2024. (ajw) |
|
| 23 | 23
misc
Stipulation
Thu 09/19 3:12 PM
STIPULATION of Permanent Injunction by DD IP Holder LLC.(Carrier, Sarah) |
|
|
Att: 1
Text of Proposed Order
|
||
| Wednesday, September 18, 2024 | ||
| 22 | 22
1
pgs
order
Order on Motion for Extension of Time to Answer
Wed 09/18 12:01 PM
ORDER granting21 Motion for Extension of Time to Answer or otherwise Respond to Plaintiffs Complaint. Defendant Apres-Diem, Inc. to file its answer, and any counterclaims or cross claims, or otherwise respond to Plaintiff's Complaint is extended to and including October 18, 2024 Signed by Judge Eleanor L. Ross on 09/18/2024. (ajw) |
|
| 21 | 21
motion
Extension of Time to File Answer to Complaint
Wed 09/18 10:21 AM
Joint MOTION for Extension of Time to File Answer re1 Complaint, by Apres-Diem, Inc..(Graham, Jason) |
|
|
Att: 1
Text of Proposed Order Proposed Order
|
||
| Friday, September 06, 2024 | ||
| 20 | 20
service
Return of Service Unexecuted
Fri 09/06 3:28 PM
Return of Service Unexecuted by DD IP Holder LLC as to Roberson and Reynolds - Food and Beverage Management Services, LLC. (Carrier, Sarah) |
|
| 19 | 19
service
Return of Service Unexecuted
Fri 09/06 3:26 PM
Return of Service Unexecuted by DD IP Holder LLC as to BGB Enterprises, LLC. (Carrier, Sarah) |
|
| 18 | 18
service
Return of Service Executed
Fri 09/06 1:55 PM
Return of Service Executed by DD IP Holder LLC. Apres-Diem, Inc. served on 8/28/2024, answer due 9/18/2024. (Carrier, Sarah) |
|
| 17 | 17
service
Return of Service Executed
Fri 09/06 1:52 PM
Return of Service Executed by DD IP Holder LLC. Atlanta Airport Concessions, LLC served on 8/27/2024, answer due 9/17/2024. (Carrier, Sarah) |
|
| Thursday, September 05, 2024 | ||
| 16 | 16
misc
A.O. Form 120
Thu 09/05 9:03 AM
AO Form 120 forwarded to Commissioner. (ajw) |
|
|
Att: 1
Supplement
|
||
| Wednesday, September 04, 2024 | ||
| 15 | 15
1
pgs
misc
AO 120
Wed 09/04 2:10 PM
PROPOSED AO 120 Report on the Filing or Determination of an Action Regarding A Patent or Trademark .(Carrier, Sarah) |
|
|
Att: 1
2 pgs
Supplement Attachment A to AO 120
|
||
| Tuesday, September 03, 2024 | ||
| 14 | 14
notice
Notice of Appearance
Tue 09/03 4:16 PM
NOTICE of Appearance by Stephen Paul Fuller on behalf of Apres-Diem, Inc., Atlanta Airport Concessions, LLC, BGB Enterprises, LLC, Roberson and Reynolds - Food and Beverage Management Services, LLC (Fuller, Stephen) |
|
| Friday, August 30, 2024 | ||
|
order
Order on Application for Admission Pro Hac Vice
Fri 08/30 9:42 AM
MINUTE ORDER (by docket entry only) GRANTING12 Application for Admission Pro Hac Vice by John F. Verhey and GRANTING13 Application for Admission Pro Hac Vice by Kyle T. Orne. Approved by District Judge Eleanor L. Ross on 8/30/24. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(mlb) |
||
|
utility
Clerks Certificate of Mailing
Fri 08/30 9:45 AM
Clerk's Certificate of Mailing to Kyle T. Orne as to DD IP Holder LLC re Order on Application for Admission PHV. (mlb) |
||
| Thursday, August 29, 2024 | ||
|
misc
Approval of Application for Admission PHV
Thu 08/29 1:35 PM
APPROVAL by Clerks Office re:13 APPLICATION for Admission of Kyle T. Orne Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13684972). Attorney Kyle T. Orne added appearing on behalf of DD IP Holder LLC. E-filing access may be requested after an order granting the application is entered. (cpp) |
||
|
misc
Approval of Application for Admission PHV
Thu 08/29 1:39 PM
APPROVAL by Clerks Office re:12 APPLICATION for Admission of John F. Verhey Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13684922). Attorney John F. Verhey added appearing on behalf of DD IP Holder LLC. E-filing access may be requested after an order granting the application is entered. (cpp) |
||
| Wednesday, August 28, 2024 | ||
| 13 | 13
motion
Application for Admission Pro Hac Vice
Wed 08/28 4:43 PM
APPLICATION for Admission of Kyle T. Orne Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13684972).by DD IP Holder LLC. (Carrier, Sarah) |
|
| 12 | 12
motion
Application for Admission Pro Hac Vice
Wed 08/28 4:39 PM
APPLICATION for Admission of John F. Verhey Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13684922).by DD IP Holder LLC. (Carrier, Sarah) |
|
| Tuesday, August 27, 2024 | ||
| 11 | 11
misc
Letter re:83.1
Tue 08/27 2:13 PM
Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to John F. Verhey. Clerk to follow-up by 9/6/2024. (cpp) |
|
| 10 | 10
misc
Letter re:83.1
Tue 08/27 12:58 PM
Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Kyle T. Orne. Clerk to follow-up by 9/6/2024. (cpp) |
|
| 9 | 9
order
~Util - Set Deadlines/Hearings Order Setting Hearing on Motion
Tue 08/27 12:19 PM
ORDER:3 MOTION for Preliminary Injunction set for 10/8/2024 at 02:00 PM in ATLA Courtroom 1708 before Judge Eleanor L. Ross. The Court ORDERS the Parties to adhere to the following schedule: No later than Friday, September 6, 2024, Plaintiff shall serve a copy of its Complaint, its PI Motion and associated attachments, and this order on Defendants and file proof of such service on the docket. Defendants Brief due by 9/20/2024, Plaintiffs Reply Brief due by 9/27/2027. The Court ORDERS the Parties to, no later than Tuesday, October 1, 2024 at 5:00 p.m., (1) file on the docket a joint proposed schedule for the hearing the Court will hold on Plaintiff's PI Motion setting forth how much time each Party requests for oral argument and (2) submit any exhibits they intend to discuss in detail at the hearing to the undersigned's Courtroom Deputy Clerk. Signed by Judge Eleanor L. Ross on 08/27/2024. (ajw) |
|
| 8 | 8
12
pgs
order
Order
Tue 08/27 11:08 AM
NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
|
| 7 | 7
service
Electronic Summons Issued
Tue 08/27 9:37 AM
Electronic Summons Issued as to Roberson and Reynolds - Food and Beverage Management Services, LLC. (ajw) |
|
| 6 | 6
service
Electronic Summons Issued
Tue 08/27 9:36 AM
Electronic Summons Issued as to BGB Enterprises, LLC. (ajw) |
|
| 5 | 5
service
Electronic Summons Issued
Tue 08/27 9:34 AM
Electronic Summons Issued as to Apres-Diem, Inc. (ajw) |
|
| 4 | 4
service
Electronic Summons Issued
Tue 08/27 9:32 AM
Electronic Summons Issued as to Atlanta Airport Concessions, LLC. (ajw) |
|
|
misc
Clerk's Notation for LOA/CIP
Tue 08/27 11:21 AM
Clerk's Notation re2 Certificate of Interested Persons/Corporate Disclosure Statement by DD IP Holder LLC. Read and approved by District Judge Eleanor L. Ross. (mlb) |
||
| Monday, August 26, 2024 | ||
| 3 | 3
motion
Preliminary Injunction
Tue 08/27 9:29 AM
MOTION for Preliminary Injunction with Brief In Support by DD IP Holder LLC.(ajw) |
|
|
Att: 1
Brief in Support,
|
||
|
Att: 2
Declaration of Terry Moon,
|
||
|
Att: 3
Text of Proposed Order
|
||
| 2 | 2
misc
Certificate of Interested Persons/Corporate Disclosure Statement
Tue 08/27 9:26 AM
Certificate of Interested Persons and Corporate Disclosure Statement by DD IP Holder LLC. (ajw) |
|
| 1 | 1
46
pgs
cmp
Complaint
Tue 08/27 9:25 AM
COMPLAINT with INJ & TRO requested (Filing fee $405, receipt number AGANDC-13678255) filed by DD IP Holder LLC.(ajw) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
|
|
Att: 1
Civil Cover Sheet
|
||
|
notice
AO Form 120 - Notice to Parties
Tue 09/03 3:07 PM
Notice of deficiency re AO Form 120. Plaintiff must complete and file AO Form 120. See LR 3.4 and LPR 1.4. Docket the form using the event AO 120 , located in the Other Filings/Other Documents menu. (ajw) |
||