Site Pro-1, Inc. v. Better Metal, LLC

Plaintiff Site Pro-1, Inc. alleges that Defendant Better Metal, LLC placed SitePro1's SITE PRO 1 trademark in the metadata and/or meta tags of its www.bettermetal.com web site and/or improperly included SitePro1's SITE PRO 1 trademark in a search engine algorithm utilized by the Yahoo! search engine.
Plaintiff:Site Pro-1, Inc.
Defendant:Better Metal, LLC
 
Case Number:1:2006cv06508
Filed:December 6, 2006
 
Court:New York Eastern District Court
Office:Brooklyn Office [ Court Info ]
County:Kings
Presiding Judge:Senior-Judge I. Leo Glasser
Referring Judge:Magistrate-Judge Ramon E. Reyes Jr.
 
Nature of Suit:Intellectual Property - Trademark
Cause:15:1114 Trademark Infringement
Jurisdiction:Federal Question
Jury Demanded By:None

Date Filed

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Docket Text

December 6, 2006 1 COMPLAINT against Better Metal, LLC $ 350, filed by Site Pro-1, Inc.. (Attachments: # 1 Civil Cover Sheet)(Bowens, Priscilla) (Entered: December 11, 2006)
December 6, 2006   Summons Issued as to Better Metal, LLC. (Bowens, Priscilla) (Entered: December 11, 2006)
January 29, 2007 2 SUMMONS Returned Executed by Site Pro-1, Inc.. Better Metal, LLC served on 1/19/2006, answer due 2/8/2006. (Gallagher, John) (Entered: January 29, 2007)
February 5, 2007 3 SCHEDULING ORDER:Initial Conference set for 2/22/2007 @10:00 AM in Courtroom A,North Wing located on the 2nd floor before Magistrate-Judge Ramon E. Reyes Jr.(see attached order).. Ordered by Judge Ramon E. Reyes Jr. on 2/5/07. (Vertus, Miriam) (Entered: February 5, 2007)
February 9, 2007 4 MOTION for Leave to Appear Pro Hac Vice Jonathan D. Rose Filing fee $ 25, receipt number 2227676. by Better Metal, LLC. (Attachments: # 1 Affidavit Affidavit of Jonathan D. Rose# 2 Text of Proposed Order) (Rose, Jonathan) (Entered: February 9, 2007)
February 9, 2007 5 MOTION for Leave to Appear Pro Hac Vice Thor Y. Urness Filing fee $ 25, receipt number 2227765. by Better Metal, LLC. (Attachments: # 1 Affidavit of Thor Y. Urness# 2 Text of Proposed Order) (Rose, Jonathan) (Entered: February 9, 2007)
February 9, 2007 6 MOTION to Dismiss by Better Metal, LLC.Responses due by 2/27/2007 (Rose, Jonathan) (Entered: February 9, 2007)
February 9, 2007 7 MEMORANDUM in Support re 6 MOTION to Dismiss by Better Metal, LLC. (Rose, Jonathan) (Entered: February 9, 2007)
February 9, 2007 8 ORDER granting 4Motion for Jonathan D. Rose to Appear Pro Hac Vice. Ordered by JudgeRamon E. Reyes Jr. on 2/9/07. (Vertus, Miriam) (Entered: February 9, 2007)
February 9, 2007 9 ORDER granting 5Motion for Thor Y. Urnes to Appear Pro Hac Vice. Ordered by JudgeRamon E. Reyes Jr. on 2/9/07. (Vertus, Miriam) (Entered: February 9, 2007)
February 12, 2007 10 Letter MOTION for Hearing re 3 Scheduling Order Request to Allow Appearance by Telephone at Initial Conference by Better Metal, LLC. (Rose, Jonathan) (Entered: February 12, 2007)
February 13, 2007   ORDER granting 10Letter MOTION to Allow Defendant Better Metal,LLC Appearance by Telephone at Initial Conference set for 2/22/07 @ 10:00a.m. filed by Better Metal, LLC. (Rose, Jonathan). Ordered by JudgeRamon E. Reyes Jr. on 2/13/07. (Vertus, Miriam) (Entered: February 13, 2007)
February 22, 2007 11 Minute Entry for proceedings held before Ramon E. Reyes Jr.: Initial Conference Hearing held on 2/22/2007.John F. Gallagher,III,Esq. for plaintiff, Johnathan Rose, Esq. for the defendant appears via telephone. Deft. proposed motion to dismiss doc.#6discussed.Parties to inform chambers by 2/28/07 whether they consent to Judge Reyes either deciding the motion or handling the case for all purposes.(Tape #FTR:#10:06:22 - 10:27:56).) (Vertus, Miriam) (Entered: February 22, 2007)
February 27, 2007 12 NOTICE by Site Pro-1, Inc. re 11 Initial Conference Hearing, response regarding issue of referral for decision of defendant's motion (Gallagher, John) (Entered: February 27, 2007)
February 27, 2007   NOTICE re 12 Notice. The Court acknowledges the parties written consent to have defendant's pending motion to dismiss decided by Magistrate Judge Reyes. (Reyes, Ramon) (Entered: February 27, 2007)
March 7, 2007 13 First MOTION for Extension of Time to File Answer re Notice (Other), 6 MOTION to Dismiss by Site Pro-1, Inc.. (Gallagher, John) (Entered: March 7, 2007)
March 8, 2007   ORDER granting 13 Motion for Extension of briefing schedule, plaintiff's opposition papers due on 3/16/07, Deft.'s reply due 3/23/07.Ordered by JudgeRamon E. Reyes Jr. on 3/8/07. (Vertus, Miriam) (Entered: March 8, 2007)
March 23, 2007 14 Letter Regarding Completion of Briefing of Motion to Dismiss by Better Metal, LLC (Rose, Jonathan) (Entered: March 23, 2007)
March 23, 2007 15 MEMORANDUM in Support re 6 MOTION to Dismiss by Better Metal, LLC. (Rose, Jonathan) (Entered: March 23, 2007)
March 23, 2007 16 RESPONSE in Opposition re 6 MOTION to Dismiss filed by Site Pro-1, Inc.. (Attachments: # 1 Appendix Supporting Declarations) (Rose, Jonathan) (Entered: March 23, 2007)
March 23, 2007 17 REPLY to Response to Motion re 6 MOTION to Dismiss filed by Better Metal, LLC. (Rose, Jonathan) (Entered: March 23, 2007)
March 30, 2007 18 First MOTION for Discovery prior to issuance of scheduling order to preserve electronic data maintained by non-party Yahoo! Inc., by Site Pro-1, Inc.. (Gallagher, John) (Entered: 03/30/2007)
March 30, 2007   SCHEDULING ORDER:Telephone Conference set for 4/5/2007 @11:45 AM in Courtroom A,North before Magistrate-Judge Ramon E. Reyes Jr.. re 18MOTION for Discovery prior to issuance of scheduling order to preserve electronic data maintained by non-party Yahoo! Inc., by Site Pro-1, Inc.. (Gallagher, John).Ordered by Judge Ramon E. Reyes Jr. on 3/30/07. (Vertus, Miriam) (Entered: March 30, 2007)
April 5, 2007 19 RESPONSE in Opposition re 18 First MOTION for Discovery prior to issuance of scheduling order to preserve electronic data maintained by non-party Yahoo! Inc., filed by Better Metal, LLC. (Rose, Jonathan) (Entered: April 5, 2007)
April 5, 2007   Minute Order. Proceedings held before Judge Ramon E. Reyes Jr.: granting 18 Motion for Discovery; Telephone Conference held on 4/5/2007. John Gallagher for plaintiff, Jonathan Rose for defendant. Motion granted. Plaintiff shall serve subpoena on Yahoo.com as currently drafted. Yahoo.com's response to subpoena shall be deemed "Attorneys' Eyes Only" pending entry of protective order. (Reyes, Ramon) (Entered: April 5, 2007)
April 27, 2007 20 NOTICE by Better Metal, LLC re 6 MOTION to Dismiss (Attachments: # 1 Appendix Hamzik v. Zale Corporation/Delaware) (Rose, Jonathan) (Entered: 04/27/2007)
April 27, 2007 21 Letter objecting to defendant's sur-reply and providing recent authority by Site Pro-1, Inc. (Attachments: # 1 April 18, 2007 Google v American Blind) (Gallagher, John) (Entered: April 27, 2007)
May 9, 2007 22 ORDER granting 6 Motion to Dismiss. Ordered by JudgeRamon E. Reyes Jr. on 5/9/07. (Reyes, Ramon) (Entered: May 9, 2007)
May 14, 2007 23 CLERK'S JUDGMENT that plaintiff take nothing of the defendant; and that Better Metal's motion to dismiss is granted. Ordered by Judge Clerk of Court on 5/10/07. (Sica, Michele) (Entered: 05/14/2007)
Docket Report Last Checked: November 29, 2007 16:05:44 PST
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Plaintiff: Site Pro-1, Inc.
Represented By: John F. Gallagher, III
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Defendant: Better Metal, LLC
Represented By: Jonathan Rose
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