Cartier International AG et al v. Princess P. Jewelry Co., LLC.
New York Southern District Court | |
Judge: | Analisa Torres |
Referred: | James C Francis |
Case #: | 1:15-cv-06700 |
Nature of Suit | 840 Property Rights - Trademark |
Cause | 15:1114 Trademark Infringement (Lanham Act) |
Case Filed: | Aug 24, 2015 |
Terminated: | Oct 18, 2016 |
Last checked: Sunday Feb 21, 2016 10:08 AM EST |
Defendant
Princess P. Jewelry Co., LLC.
4950 Medina Road
Woodland Hills, CA 92364 |
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Plaintiff
Cartier
a division of Richemont North America, Inc. 653 Fifth Avenue
New York, NY 10022 |
Represented By
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Plaintiff
Cartier International AG
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Represented By
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Docket last updated: 04/25/2024 11:59 PM EDT |
Thursday, October 20, 2016 | ||
minutes
Show Cause Hearing
Thu 10/20 12:52 PM
Minute Entry for proceedings held before Judge Analisa Torres: Show Cause Hearing held on 10/18/2016. (MS) |
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Tuesday, October 18, 2016 | ||
28 | 28
misc
AO 120 Form Trademark - Case Terminated - Submitted
Wed 10/19 10:58 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 10/18/2016 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). (cf) |
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27 | 27
order
Judgment - Default
Wed 10/19 10:52 AM
DEFAULT JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: The Court has jurisdiction over the subject matter of this action pursuant to Section 501 of the Copyright Act, 17 U.S.C. § 501, Section 39 of the Lanham Act, 15 U.S.C. § 1121, and under §§ 1331, 1338(a) and 1338(b) of the Judicial Code, 28 U.S.C. §§ 1331, 1338(a) and (b). The Court has supplemental jurisdiction over the state law claims in this matter under § 1367(a) of the Judicial Code, 28 U.S.C. § 1367(a). The Court has personal jurisdiction over Defendant pursuant to N.Y. C.P.L.R. § 301 and/or § 302. (As further set forth in this Order.) Judgment is entered for Plaintiff and against Defendant on Plaintiff's claims for trademark infringement under section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1), unfair competition under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), copyright infringement under Section 501 of the Copyright Act of 1976, 17 U.S.C. § 101, et seq., trade dress infringement under New York common law, unfair competition under New York common law, and deceptive trade practices under N.Y. General Business Law § 349. (cf) |
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Friday, September 16, 2016 | ||
26 | 26
order
Order Referring Case to Magistrate Judge
Fri 09/16 5:42 PM
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C. Francis. (Signed by Judge Lorna G. Schofield on 9/16/2016) (cf) |
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Thursday, September 08, 2016 | ||
25 | 25
service
Affidavit of Service Other
Thu 09/08 2:07 PM
AFFIDAVIT OF SERVICE of the Order rescheduling the show cause hearing date (Docket No. 24) served on Ms. Pilar Vargas (owner of Princess P. Jewelry) on 9/7/2016. Service was made by mail. Document filed by Cartier, Cartier International AG. (Margiotta, John) |
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Wednesday, September 07, 2016 | ||
24 | 24
order
Memo Endorsement ~Util - Set Hearings
Wed 09/07 5:39 PM
MEMO ENDORSEMENT on re:23 Letter filed by Cartier International AG, Cartier re: default judgment. ENDORSEMENT: GRANTED. The show cause for default judgment hearing is RESCHEDULED to October 18, 2016, at 1:30 p.m. By September 14, 2016, Plaintiffs shall serve a copy of this order on Defendant and file proof of service of this order. (Show Cause Hearing set for 10/18/2016 at 01:30 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 9/7/2016) (kko) |
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23 | 23
misc
Letter
Wed 09/07 3:43 PM
LETTER addressed to Judge Analisa Torres from John P. Margiotta dated 09/07/2016 re: default judgment. Document filed by Cartier, Cartier International AG.(Margiotta, John) |
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Monday, August 22, 2016 | ||
22 | 22
service
Affidavit of Service Other
Mon 08/22 7:09 PM
AFFIDAVIT OF SERVICE of the Orders rescheduling the show cause hearing date (Docket Nos. 19 and 20) served on Ms. Pilar Vargas (owner of Princess P. Jewelry Co., LLC) on August 17, 2016, August 18, 2016, and August 19, 2016. Service was made by Mail. Document filed by Cartier, Cartier International AG. (Margiotta, John) |
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21 | 21
service
Affidavit of Service Other
Mon 08/22 7:03 PM
AFFIDAVIT OF SERVICE of of Plaintiffs [Proposed] Default Judgment, Affidavit of John Margiotta in Support of Default Judgment, and the Order to Show Cause (Docket No. 18) served on Princess P. Jewelry Co., LLC on July 1, 2016. Service was made by Mail. Document filed by Cartier, Cartier International AG. (Margiotta, John) |
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Thursday, August 18, 2016 | ||
20 | 20
order
Order ~Util - Set Hearings
Thu 08/18 5:06 PM
ORDER: The show cause hearing scheduled for August 24, 2016, is ADJOURNED to September 6, 2016, at 11:30 a.m. Plaintiffs are directed to serve a copy of this order on Defendant by e-mail and first class mail. On July 1, 2016, Plaintiffs were directed to serve on Defendant a copy of the order to show cause for default judgment and annexed affidavits and exhibits by e-mail and first class mail. ECF No. 18. By August 23, 2016, Plaintiffs shall file proof of service of this order and the order to show cause and annexed affidavits and exhibits. (Show Cause Hearing set for 9/6/2016 at 11:30 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 8/18/2016) (kko) |
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Wednesday, August 17, 2016 | ||
19 | 19
order
Order ~Util - Set Hearings
Wed 08/17 6:24 PM
ORDER: The show cause hearing scheduled for August 24, 2016, at 4:30 p.m, is RESCHEDULED to August 24, 2016, at 11:30 a.m. By August 19, 2016, Plaintiffs shall serve a copy of this order on Defendant by hand delivery or first-class mail. Plaintiffs shall file proof of service with the Court. SO ORDERED. (Show Cause Hearing set for 8/24/2016 at 11:30 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 8/17/2016) (kl) |
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Friday, July 01, 2016 | ||
18 | 18
order
Order to Show Cause
Fri 07/01 1:52 PM
ORDER TO SHOW CAUSE. IT IS HEREBY ORDERED that the Defendant Princess P Jewelry Co., LLC show cause before this Court, at Courtroom 15D, United States Courthouse, 500 Pearl Street, in the City, County, and State of New York on August 22, 2016, at 4:30 o'clock in the P.M. thereof, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Federal Rule of Civil Procedure 55 entering default judgment against Defendant; and it is further ORDERED that service of a copy of this Order, annexed affidavit and exhibits, by email and First Class Mail delivery upon Defendant on or before July 11, 2016, shall be deemed good and sufficient service. IT IS SO ORDERED. (Show Cause Hearing set for 8/22/2016 at 04:30 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres). (Signed by Judge Analisa Torres on 7/1/2016) (rjm) |
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Friday, June 10, 2016 | ||
17 | 17
order
Memo Endorsement
Fri 06/10 4:18 PM
MEMO ENDORSEMENT on re:16 Letter filed by Cartier International AG, Cartier re: Response to the Court's Order (docket No. 14). ENDORSEMENT: By July 1, 2016, Plaintiffs shall file an Order to Show Cause for Entry of Default Judgment. Plaintiffs are directed to comply with the procedures set forth in Attachment A to this Court Individual Practices in Civil Cases. SO ORDERED. (Signed by Judge Analisa Torres on 6/10/2016) (kko) Modified on 6/10/2016 (kko) |
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Friday, May 27, 2016 | ||
16 | 16
misc
Letter
Fri 05/27 3:06 PM
LETTER addressed to Judge Analisa Torres from John P. Margiotta dated May 27, 2016 re: Response to the Court's Order (docket No. 14). Document filed by Cartier, Cartier International AG.(Margiotta, John) |
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Thursday, May 26, 2016 | ||
15 | 15
misc
Certificate of Clerk
Thu 05/26 3:01 PM
CLERK'S CERTIFICATE OF DEFAULT as to Princess P Jewelry Co., LLC. (jk) |
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Friday, May 13, 2016 | ||
14 | 14
order
Order
Fri 05/13 12:09 PM
ORDER: Accordingly, the Court will not enter the proposed order and judgment. Princess may enter an appearance and consent through counsel, or Plaintiffs may pursue other avenues, such as default judgment (as they indicated they intended to do by letter dated December 28, 2015, see ECF No. 12). By May 27, 2016, Plaintiffs shall inform the Court how they intend to proceed. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 5/13/2016) (kko) |
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Wednesday, December 30, 2015 | ||
13 | 13
order
Order on Motion to Adjourn Conference
Wed 12/30 10:59 AM
ORDER granting12 Letter Motion to Adjourn Conference and inform Court that we intend to seek a default judgment. GRANTED. The case management conference scheduled for January 4, 2016, is ADJOURNED sine die. (Signed by Judge Analisa Torres on 12/30/2015) (kko) |
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Monday, December 28, 2015 | ||
12 | 12
motion
Adjourn Conference
Mon 12/28 12:55 PM
LETTER MOTION to Adjourn Conference and inform Court that we intend to seek a default judgment addressed to Judge Analisa Torres from John P. Margiotta dated 12/28/2015. Document filed by Cartier, Cartier International AG.(Margiotta, John) |
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Monday, November 30, 2015 | ||
11 | 11
order
Order ~Util - Set Hearings
Mon 11/30 6:00 PM
ORDER: The case management conference scheduled for December 10, 2015 is RESCHEDULED to 4:45 p.m. on January 4, 2016. By December 30, 2015, the parties shall submit their joint letter and proposed case management plan. (Case Management Conference set for 1/4/2016 at 04:45 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 11/30/2015) (kko) |
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Tuesday, October 20, 2015 | ||
10 | 10
order
Order on Motion to Adjourn Conference
Tue 10/20 5:56 PM
ORDER granting9 Letter Motion to Adjourn Conference. The initial conference is ADJOURNED to December 10, 2015, at 4:15 p.m. The parties shall submit their joint letter by December 7, 2015. SO ORDERED. Initial Conference set for 12/10/2015 at 04:15 PM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 10/20/2015) (ajs) |
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9 | 9
motion
Adjourn Conference
Tue 10/20 12:27 PM
LETTER MOTION to Adjourn Conference and Extension of Time for Parties to submit Joint Letter addressed to Judge Analisa Torres from John P. Margiotta dated 10/20/2015. Document filed by Cartier, Cartier International AG.(Margiotta, John) |
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Tuesday, September 15, 2015 | ||
8 | 8
service
Affidavit of Service Complaints
Tue 09/15 10:17 AM
AFFIDAVIT OF SERVICE of Summons and Complaint. Princess P. Jewelry Co., LLC. served on 9/4/2015, answer due 9/25/2015. Service was accepted by PILAR VARGAS. Document filed by Cartier; Cartier International AG. (Margiotta, John) |
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Tuesday, August 25, 2015 | ||
7 | 7
order
Order for Initial Pretrial Conference
Tue 08/25 3:22 PM
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 10/27/2015 at 04:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (See Order.) (Signed by Judge Analisa Torres on 8/25/2015) (ajs) |
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6 | 6
misc
AO 120 Form Trademark - Case Opening - Submitted
Tue 08/25 10:05 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). (rch) |
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5 | 5
service
Summons Issued
Tue 08/25 9:58 AM
ELECTRONIC SUMMONS ISSUED as to Princess P. Jewelry Co., LLC.. (rch) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Tue 08/25 9:29 AM
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Paul Margiotta. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:1051; Jury Demand code n (None); County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1114; the Jury Demand code has been modified to p (Plaintiff); the County code has been modified to XX Out of U.S. (rch) |
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misc
Notice to Attorney Regarding Party Modification
Tue 08/25 9:33 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Paul Margiotta. The party information for the following party/parties has been modified: Cartier. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (rch) |
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notice
Case Opening Initial Assignment Notice
Tue 08/25 10:09 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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:http://nysd.uscourts.gov/ecf_filing.php] . (rch) |
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utility
Case Designation
Tue 08/25 10:09 AM
Magistrate Judge James C. Francis IV is so designated. (rch) |
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utility
Case Designated ECF
Tue 08/25 10:11 AM
Case Designated ECF. (rch) |
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Monday, August 24, 2015 | ||
4 | 4
misc
AO 120 Form Patent/Trademark - Notice of Submission by Attorney
Mon 08/24 7:52 PM
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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3 | 3
service
Request for Issuance of Summons
Mon 08/24 7:50 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Princess P. Jewelry Co., LLC, re:1 Complaint. Document filed by Cartier, Cartier International AG. (Margiotta, John) |
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2 | 2
misc
Civil Cover Sheet
Mon 08/24 7:41 PM
CIVIL COVER SHEET filed. (Margiotta, John) |
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1 | 1
cmp
Complaint
Mon 08/24 5:59 PM
COMPLAINT against Princess P. Jewelry Co., LLC.. (Filing Fee $ 400.00, Receipt Number 0208-11312690)Document filed by Cartier, Cartier International AG.(Margiotta, John) |
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Att: 1 Exhibit A, | ||
Att: 2 Exhibit B |