Burck v. Mars, Incorporated et al

Plaintiff Robert Burck d/b/a The Naked Cowboy alleges that Defendants Mars, Inc. and Chute Gerdeman, Inc. infringed his trademark in his get-up, featuring a white cowboy hat, white boots, white underpants and an acoustic guitar.
Tags:
Plaintiff:Robert Burck
Defendant:Mars, Incorporated and Chute Gerdeman, Inc.
 
Case Number:1:2008cv01330
Filed:February 11, 2008
 
Court:New York Southern District Court
Office:Foley Square Office [ Court Info ]
County:XX Out of State
Presiding Judge:Judge Denny Chin
 
Nature of Suit:Intellectual Property - Trademark
Cause:15:1125 Trademark Infringement (Lanham Act)
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff
Amount Demanded:$9,999,000.00
Date Filed # Docket Text
February 11, 2008 1 COMPLAINT against Mars, Incorporated, Chute Gerdeman, Inc.. (Filing Fee $ 350.00, Receipt Number 633994)Document filed by Robert Burck.(rdz) (Entered: February 15, 2008)
February 11, 2008 SUMMONS ISSUED as to Mars, Incorporated, Chute Gerdeman, Inc.. (rdz) (Entered: February 15, 2008)
February 11, 2008 Magistrate Judge Henry B. Pittman is so designated. (rdz) (Entered: February 15, 2008)
February 11, 2008 Case Designated ECF. (rdz) (Entered: February 15, 2008)
February 22, 2008 2 MOTION for Scott M. Rothman to Appear Pro Hac Vice. Document filed by Robert Burck.(cd) (Entered: February 28, 2008)
February 28, 2008 ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Acceptance of Service by Kevin T. Mulhearn, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (tve) (Entered: February 29, 2008)
March 5, 2008 CASHIERS OFFICE REMARK on 2 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 02/22/2008, Receipt Number 642794. (jd) (Entered: March 5, 2008)
March 7, 2008 3 ORDER ADMISSION PRO HAC VICE ON WRITTEN MOTION: It is hereby ordered that Scott M. Rothman is admitted to practice pro hac vice as counsel for plaintiff. (Signed by Judge Denny Chin on 3/7/2008) (jpo) (Entered: March 7, 2008)
March 12, 2008 4 ACKNOWLEDGMENT OF SERVICE. Mars, Incorporated served on 2/15/2008, answer due 3/6/2008. Service was accepted by Leslie K. Mitchell, Attorney for Mars, Inc.. Document filed by Robert Burck. (Rothman, Scott) (Entered: March 12, 2008)
March 17, 2008 5 AFFIDAVIT OF SERVICE. Chute Gerdeman, Inc. served on 3/6/2008, answer due 3/26/2008. Service was accepted by Chad Houghs. Document filed by Robert Burck. (Rothman, Scott) (Entered: 03/17/2008)
March 17, 2008 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mars, Incorporated.(Price, Joseph) (Entered: March 17, 2008)
March 17, 2008 7 ANSWER to Complaint. Document filed by Mars, Incorporated. (Attachments: # 1 Certificate of Service)(Price, Joseph) (Entered: 03/17/2008)
March 19, 2008 8 MOTION for Joseph R. Price to Appear Pro Hac Vice. Document filed by Mars, Incorporated.(dle) (Entered: March 20, 2008)
March 26, 2008 CASHIERS OFFICE REMARK on 8 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/19/2008, Receipt Number 645221. (jd) (Entered: March 26, 2008)
April 3, 2008 9 ORDER granting 8 Motion for Joseph R. Price to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 4/3/08) (js) (Entered: April 4, 2008)
April 3, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: 9 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js) (Entered: April 4, 2008)
April 25, 2008 10 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Strike Document No. 7 Mars, Incorporated's Fair use and Parody Affirmative Defense, Supporting Brief, and Certificate of Service. Document filed by Robert Burck. Responses due by 5/9/2008(Rothman, Scott) Modified on 4/28/2008 (KA). (Entered: April 25, 2008)
April 25, 2008 11 MOTION to Dismiss and Motion for Judgment on the Pleadings. Document filed by Mars, Incorporated, Chute Gerdeman, Inc.. Responses due by 5/16/2008(Price, Joseph) (Entered: 04/25/2008)
April 25, 2008 12 MEMORANDUM OF LAW in Support re: 11 MOTION to Dismiss and Motion for Judgment on the Pleadings.. Document filed by Mars, Incorporated, Chute Gerdeman, Inc.. (Price, Joseph) (Entered: April 25, 2008)
April 28, 2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Scott M. Rothman to RE-FILE Document 10 MOTION to Strike Document No. 7 Mars, Incorporated's Fair use and Parody Affirmative Defense, Supporting Brief, and Certificate of Service. MOTION to Strike Document No. 7 Mars, Incorporated's Fair use and Parody Affirmative Defense, Supporting Brief, and Certificate of Service. ERROR(S): Filing Error of Supporting Brief. Supporting Brief must be filed individually. Event code located under Other Documents. (KA) (Entered: April 28, 2008)
April 28, 2008 13 MOTION to Strike Document No. 7 Mars, Incorporated's Fair Use and Parody Affirmative Defenses. Document filed by Robert Burck. Responses due by 5/16/2008(Rothman, Scott) (Entered: April 28, 2008)
April 28, 2008 14 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: 13 MOTION to Strike Document No. 7 Mars, Incorporated's Fair Use and Parody Affirmative Defenses. Document filed by Robert Burck. (Rothman, Scott) Modified on 4/28/2008 (KA). (Entered: April 28, 2008)
April 28, 2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Scott M. Rothman to RE-FILE Document 14 Memorandum of Law in Support of Motion. Use the document type Brief found under the document list Other Documents. (KA) (Entered: April 28, 2008)
April 28, 2008 15 BRIEF re: 13 MOTION to Strike Document No. 7 Mars, Incorporated's Fair Use and Parody Affirmative Defenses.. Document filed by Robert Burck.(Rothman, Scott) (Entered: April 28, 2008)
Docket Report Last Checked: May 11, 2008 21:48:39 PDT
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Plaintiff: Robert Burck
Represented By: Kevin Thomas Mulhearn, Scott M. Rothman
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Defendant: Mars, Incorporated
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Defendant: Chute Gerdeman, Inc.
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