Plaintiff Hawaii-Pacific Apparel Group, Inc. alleged that defendants Cleveland Browns Football Company LLC and National Football League Properties, Inc. infringed on plaintiff's trademarks LIL DAWG POUND and DAWG Pound.
Date Filed
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Docket Text
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| October 4, 2004 |
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COMPLAINT against Cleveland Browns Football Company, LLC, National Football League Properties, Inc.. (Filing Fee $ 150.00, Receipt Number 521313)Document filed by Hawaii-Pacific Apparel
Group, Inc. (jjm, ) Additional attachment(s) added on 10/12/2004 (jjm, ). (Entered: October 7, 2004)
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| October 4, 2004 |
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Magistrate Judge Kevin N. Fox is so designated. (jjm, ) (Entered: October 7, 2004)
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| October 4, 2004 |
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RULE 7.1 DISCLOSURE STATEMENT. Document filed by Hawaii-Pacific Apparel Group, Inc. (jjm, ) Additional attachment(s) added on 10/12/2004 (jjm, ). (Entered: October 7, 2004)
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| October 4, 2004 |
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NOTICE of Appearance by Jay R. Butterman on behalf of Hawaii-Pacific Apparel Group, Inc. (jjm, ) Additional attachment(s) added on 10/15/2004 (jjm, ). (Entered: October 7, 2004)
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| October 4, 2004 |
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MOTION for Christine Karol Roberts to Appear Pro Hac Vice. Document filed by Hawaii-Pacific Apparel Group, Inc. (jjm, ) Additional attachment(s) added on 10/15/2004 (jjm, ). (Entered:
10/07/2004)
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| October 4, 2004 |
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Case Designated ECF. (jjm, ) (Entered: October 7, 2004)
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| October 7, 2004 |
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Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (jjm, ) (Entered: October 7, 2004)
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| October 29, 2004 |
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ORDER granting, subject to the payment of the applicable fee 4 Motion for
Christine Karol Roberts to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 10/29/04) (cd, ) Additional attachment(s) added on 11/1/2004 (cd, ). (Entered: November 1, 2004)
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| October 29, 2004 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 5 Order on Motion
to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd, ) (Entered: November 1, 2004)
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| November 22, 2004 |
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CASHIERS OFFICE REMARK on 5 Order on Motion to Appear Pro Hac Vice in the
amount of $25.00, paid on 11/09/04, Receipt Number 525561. (gm, ) (Entered: November 22, 2004)
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| December 3, 2004 |
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RULE 7.1 DISCLOSURE STATEMENT. Document filed by Cleveland Browns Football Company, LLC.(Rose, Jessica) (Entered: December 3, 2004)
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| December 3, 2004 |
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RULE 7.1 DISCLOSURE STATEMENT. Document filed by National Football League Properties, Inc..(Rose, Jessica) (Entered: December 3, 2004)
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| December 3, 2004 |
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ANSWER to Complaint., COUNTERCLAIM against Hawaii-Pacific Apparel Group, Inc.. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc..
(Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Rose, Jessica) (Entered: December 3, 2004)
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| December 3, 2004 |
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CERTIFICATE OF SERVICE of Answer w/Counterclaim, Cleveland Browns Football Company LLC's Disclosure Statement, NFL Properties LLC's Disclosure Statement served on Jay R. Butterman on
12/3/04. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc.. (Rose, Jessica) (Entered: December 3, 2004)
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| December 15, 2004 |
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NOTICE of Appearance by Robert Lloyd Raskopf on behalf of Cleveland Browns Football Company, LLC, National Football League Properties, Inc. (Raskopf, Robert) (Entered: December 15, 2004)
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| December 15, 2004 |
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NOTICE of Appearance by Marc E Ackerman on behalf of Cleveland Browns Football Company, LLC, National Football League Properties, Inc. (Ackerman, Marc) (Entered: December 15, 2004)
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| December 15, 2004 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE of Appearance by Marc E Ackerman on behalf of Cleveland Browns Football Company, LLC, National Football League Properties, Inc. (Ackerman,
Marc) Modified on 12/22/2004 (st, ). (Entered: December 15, 2004)
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| December 16, 2004 |
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NOTICE of Appearance by Jennifer J. Millones on behalf of Cleveland Browns Football Company, LLC, National Football League Properties, Inc. (Millones, Jennifer) (Entered: December 16, 2004)
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| December 16, 2004 |
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ENDORSED LETTER addressed to Judge Chin from Christinen Karol Roberts dated 12/14/04 re: counsel requests an extension of time to respond to the answer and counterclaim of defendants to and
includig January 24, 2005. Approved; (Signed by Judge Denny Chin on 12/15/04) (djc, ) (Entered: December 20, 2004)
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| January 24, 2005 |
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REPLY re: 8 Answer to Complaint,, Counterclaim,. Document filed by
Hawaii-Pacific Apparel Group, Inc.. (Roberts, Christine) (Entered: January 24, 2005)
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| January 25, 2005 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc., Cleveland
Browns Football Company, LLC, National Football League Properties, Inc..(Millones, Jennifer) Modified on 1/28/2005 (st, ). (Entered: January 25, 2005)
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| January 25, 2005 |
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RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc., Cleveland Browns Football Company, LLC, National
Football League Properties, Inc..(Millones, Jennifer) (Entered: January 25, 2005)
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| February 2, 2005 |
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STIPULATION AND PROTECTIVE ORDER; regarding procedures that shall govern the handling of confidential information during the course of these proceedings. (Signed by Judge Denny Chin on
2/2/05) (djc, ) (Entered: February 4, 2005)
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| February 8, 2005 |
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ORDER; In this trademark infringement case, defendants request an order bifurcating liability and damages, both as to discovery and trial. Plaintiff objects. The objection is overruled; the
case will be bifurcated. Discovery will proceed initially as to liability only; when liability is determined, the parties may then proceed with discovery as to damages. The schedule set
forth in the parties' proposed joint discovery plan is not acceptable to the court. Instead, it is hereby ordered as follows: all discovery, fact and expert, on the issue of liability shall
be completed by 09/16/05...a pretrial conference will be held on September 16, 2005 at 11:00 a.m....; (Signed by Judge Denny Chin on 2/8/05) (djc, ) (Entered: February 10, 2005)
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| February 11, 2005 |
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AMENDED ANSWER to 8 Answer to Complaint, Counterclaim,,., COUNTERCLAIM
against all defendants. Document filed by Hawaii-Pacific Apparel Group, Inc.. (Roberts, Christine) (Entered: February 11, 2005)
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| February 11, 2005 |
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AMENDED ANSWER to 20 Amended Answer to Counterclaim,. Document filed by
Hawaii-Pacific Apparel Group, Inc.. (Roberts, Christine) (Entered: February 11, 2005)
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| February 11, 2005 |
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AMENDED ANSWER to 20 Amended Answer to Counterclaim,. Document filed by
Hawaii-Pacific Apparel Group, Inc.. (Roberts, Christine) (Entered: February 11, 2005)
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| February 15, 2005 |
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ENDORSED LETTER addressed to Judge Chin from Christine Karol Roberts dated 02/10/05 re: the request for plaintiff and plaintiff's counsel to participate by telephone is Denied. The Court is
willing, however, to adjourn the conference for a week or two if that would be more convenient for the parties. (Signed by Judge Denny Chin on 2/15/05) (djc, ) Modified on 2/16/2005 (kg, ).
(Entered: February 15, 2005)
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| March 30, 2005 |
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ORDER: defendants objections to plaintiffs first amended reply and counterclaims are overruled. Secondly, defendants arguments as to the merits of plaintiffscopyright infringment are
premature, and may be raised when the parties move for summary judgment. (Signed by Judge Denny Chin on 3/30/05) Copies Faxed by Chambers.(db, ) (Entered: April 1, 2005)
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| April 19, 2005 |
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ANSWER to Counterclaim. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc..(Millones, Jennifer) (Entered: April 19, 2005)
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| May 23, 2005 |
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ORDER NOT ELIGIBLE FOR MEDIATION....that the above-entitled action is not elegible for mediation, pursuant to the Civil Justice Expense and Delay Reduction Plan. (Signed by Judge Denny Chin
on 5/19/05) (dle, ) (Entered: May 25, 2005)
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| June 9, 2005 |
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ORDER; the request to file the summary judgment papers in hard copy rather than electronically is granted. The request to file certain motion papers under seal is denied except that any
exhibits of a confidential nature may be submitted to chambers and omitted from the motion papers. The declarations and the Rule 56.1 statement may not be filed under seal. (Signed by Judge
Denny Chin on 6/9/05) (sac, ) (Entered: June 10, 2005)
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| June 10, 2005 |
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MOTION for Partial Summary Judgment. Document filed by Hawaii-Pacific Apparel Group, Inc.. (Roberts, Christine) (Entered: June 10, 2005)
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| June 10, 2005 |
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MEMORANDUM OF LAW in Support re: 28 MOTION for Partial Summary Judgment..
Document filed by Hawaii-Pacific Apparel Group, Inc.. (Roberts, Christine) (Entered: June 10, 2005)
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| June 10, 2005 |
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DECLARATION of Hawaii-Pacific Apparel in Support re: 28 MOTION for Partial
Summary Judgment.. Document filed by Hawaii-Pacific Apparel Group, Inc.. (Roberts, Christine) (Entered: June 10, 2005)
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| June 10, 2005 |
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NOTICE OF MOTION for Partial Summary Judgment on the Issue of Trademark Priority. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc.. (mde,
) Modified on 6/14/2005 (mde, ). (Entered: June 14, 2005)
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| June 10, 2005 |
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MEMORANDUM OF LAW in Support re: [31] MOTION for Partial Summary Judgment.. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc.. (mde, )
Modified on 6/14/2005 (mde, ). (Entered: June 14, 2005)
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| June 10, 2005 |
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RULE 56.1 STATEMENT. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc.. (mde, ) (Entered: June 14, 2005)
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| June 10, 2005 |
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DECLARATION of Daniel Gauchat in Support re: [31] MOTION for Partial Summary Judgment.. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc..
(mde, ) (Entered: June 14, 2005)
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| June 10, 2005 |
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DECLARATION of Andrew Noch in Support re: [31] MOTION for Partial Summary Judgment.. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc..
(mde, ) (Entered: June 14, 2005)
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| June 10, 2005 |
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DECLARATION of Angela Ivie in Support re: [31] MOTION for Summary Judgment.. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc.. (mde, )
(Entered: June 14, 2005)
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| June 10, 2005 |
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DECLARATION of Dino Lucarelli in Support re: [31] MOTION for Partial Summary Judgment.. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc..
(mde, ) (Entered: June 14, 2005)
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| June 10, 2005 |
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DECLARATION of Jon Barkes in Support re: [31] MOTION for Partial Summary Judgment.. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc..
(mde, ) (Entered: June 14, 2005)
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| June 10, 2005 |
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DECLARATION of David M. Proper in Support re: [31] MOTION for Partial Summary Judgment.. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc..
(mde, ) (Entered: June 14, 2005)
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| June 10, 2005 |
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DECLARATION of Ann McDowell in Support re: [31] MOTION for Partial Summary Judgment.. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc..
(mde, ) (Entered: June 14, 2005)
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| June 10, 2005 |
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DECLARATION of Marques Tracy in Support re: [31] MOTION for Partial Summary Judgment.. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc..
(mde, ) (Entered: June 14, 2005)
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| June 27, 2005 |
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ENDORSED LETTER addressed to Judge Denny Chin from Christine Karol Roberts dated 6/22/05 re: plaintiff requests permission to file its exhibits. Approved. (Signed by Judge Denny Chin on
6/27/05) (kw, ) (Entered: June 28, 2005)
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| July 8, 2005 |
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MEMORANDUM OF LAW in Opposition re: [31] MOTION for Summary Judgment.. Document filed by Hawaii-Pacific Apparel Group, Inc.. (Roberts, Christine) (Entered: July 8, 2005)
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| July 8, 2005 |
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RESPONSE to Motion re: [31] MOTION for Summary Judgment. Partial Summary Judgment on Priority. Document filed by Hawaii-Pacific Apparel Group, Inc.. (Roberts, Christine) (Entered:
07/08/2005)
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| July 8, 2005 |
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RESPONSE to Motion re: [31] MOTION for Summary Judgment. Amended Statement of Material Facts Not in Dispute. Document filed by Hawaii-Pacific Apparel Group, Inc.. (Roberts,
Christine) (Entered: July 8, 2005)
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| July 8, 2005 |
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MEMORANDUM OF LAW in Opposition re: 28 MOTION for Partial Summary Judgment.
Memorandum of Law in Opposition to Plaintiff's Motion for Partial Summary Judgment on Priority of Use in Interstate Commerce. Document filed by Cleveland Browns Football Company,
LLC, National Football League Properties, Inc., Cleveland Browns Football Company, LLC, National Football League Properties, Inc., Cleveland Browns Football Company, LLC, National Football
League Properties, Inc.. (Attachments: # 1 Defendants' Responses to
Plaintiff's Statement of Material Facts Not in Dispute Re: Motion for Partial Summary Judgment on Priority# 2 Supplemental Local Civil Rule 56.1 Statement of Material Facts in Opposition to
Plaintiff's Motion for Partial Summary Judgment on Priority of Use in Interstate Commerce# 3 Supplemental Declaration of Ann McDowell# 4 Supplemental Declaration of Marques Tracy# 5 Supplemental Declaration of David M. Proper# 6 Certificate of Service)(Millones, Jennifer) (Entered: July 8, 2005)
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| February 14, 2006 |
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OPINION:92741 For the foregoing reasons, HP's motion for partial summary judgment on the issue of priority of use is denied, and that of the Browns/NFLP is granted. Accordingly, counts one,
two, and three of the HP's complaint are dismissed. Futhermore, summary judgment is granted in favor of the Browns and NFLP on count one of their counterclaims (declaration of non-
infringement). Still remaining are the Brown/NFLP's counterclaims for trademark infrigement, as well as HP's claim for a declaration of non-infringement and its claims of copyright
infringement. The parties are directed to appear for a pre-trial conference on 2/24/2006, at 11:30 a.m., in courtroom 11A of the United States Courthouse, 500 Pearl Street, New York, New
York. (Signed by Judge Denny Chin on 2/14/2006) (lb, ) Modified on 2/15/2006 (ew, ). (Entered: February 14, 2006)
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| February 14, 2006 |
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Set Deadlines/Hearings: Pretrial Conference set for 2/24/2006 at 11:30 AM before Judge Denny Chin. (lb, ) (Entered: February 14, 2006)
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| February 22, 2006 |
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NOTICE of Substitution of Attorney. Old Attorney: Marc Ackerman, New Attorney: Robert Raskopf, Address: Quinn Emanuel Urquhart Oliver & Hedges LLP, 335 Madison Avenue, 17th Floor, New
York, New York, USA 10017, 212-702-8185. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc., Cleveland Browns Football Company, LLC,
National Football League Properties, Inc., Cleveland Browns Football Company, LLC, National Football League Properties, Inc.. (Raskopf, Robert) (Entered: February 22, 2006)
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| February 23, 2006 |
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AMENDED OPINION 92741 HP's motion for partial summary judgment on the issue of priority of use is denied, and that of the Browns/NFLP is granted. Accordingly, counts one, two, and three of
HP's complaint are dismissed. Furthermore, summary judgment is granted in favor of the Browns and NFLP on count one of their counterclaims (declaration of non-infringement). Still remaining
are the Brown/NFLP's counterclaims for trademark infringement, as well as HP's claim for a declaration of non-infringement and its claims of copyright infringement. The parties are directed
to appear for a pre-trial conference on 2/24/06, at 11:30 a.m., in courtroom 11A of the U.S. Courthouse, 500 Pearl Street. So Ordered. (Signed by Judge Denny Chin on 2/22/06) (jco, )
Modified on 2/23/2006 (jco, ). Modified on 2/23/2006 (jco, ). Modified on 2/27/2006 (ew, ). (Entered: February 23, 2006)
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| February 23, 2006 |
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Set Deadlines/Hearings: Pretrial Conference set for 2/24/2006 11:30 AM before Judge Denny Chin. (jco, ) (Entered: February 23, 2006)
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| September 15, 2006 |
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ENDORSED LETTER addressed to Judge Denny Chin from Jessica A. Rose dated 9/14/2006 re: requesting that the Court stay the close of discovery for 30 days. ENDORSEMENT: Approved. So Ordered.
(Signed by Judge Denny Chin on 9/15/2006) (lb, ) (Entered: September 15, 2006)
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| September 28, 2006 |
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ORDER this action be, and the same hereby is, discontinued with prejudice but without costs. So Ordered. (Signed by Judge Denny Chin on 9/28/06) (jco, ) (Entered: September 29, 2006)
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| December 22, 2006 |
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FINAL CONSENT JUDGMENT that the action is dismissed with prejudice. (Signed by Judge Denny Chin on 12/22/06) (Attachments: # 1 notice of right to appeal)(ml, ) (Entered: December 27, 2006)
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