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.
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Date Filed
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Docket Text
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| February 11, 2008 |
1
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COMPLAINT against Mars, Incorporated, Chute Gerdeman, Inc.. (Filing Fee $ 350.00, Receipt Number 633994)Document filed by Robert Burck.(rdz) (Entered: February 15, 2008)
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| February 11, 2008 |
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SUMMONS ISSUED as to Mars, Incorporated, Chute Gerdeman, Inc.. (rdz) (Entered: February 15, 2008)
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| February 11, 2008 |
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Magistrate Judge Henry B. Pittman is so designated. (rdz) (Entered: February 15, 2008)
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| February 11, 2008 |
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Case Designated ECF. (rdz) (Entered: February 15, 2008)
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| February 22, 2008 |
2
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MOTION for Scott M. Rothman to Appear Pro Hac Vice. Document filed by Robert Burck.(cd) (Entered: February 28, 2008)
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| February 28, 2008 |
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***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)
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| March 5, 2008 |
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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)
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| March 7, 2008 |
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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)
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| March 12, 2008 |
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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)
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| March 17, 2008 |
5
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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)
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| March 17, 2008 |
6
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mars, Incorporated.(Price, Joseph) (Entered: March 17, 2008)
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| March 17, 2008 |
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ANSWER to Complaint. Document filed by Mars, Incorporated. (Attachments: # 1 Certificate of Service)(Price, Joseph) (Entered:
03/17/2008)
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| March 19, 2008 |
8
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MOTION for Joseph R. Price to Appear Pro Hac Vice. Document filed by Mars, Incorporated.(dle) (Entered: March 20, 2008)
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| March 26, 2008 |
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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)
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| April 3, 2008 |
9
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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)
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| April 3, 2008 |
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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)
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| April 25, 2008 |
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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)
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| April 25, 2008 |
11
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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)
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| April 25, 2008 |
12
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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)
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| April 28, 2008 |
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***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)
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| April 28, 2008 |
13
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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)
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| April 28, 2008 |
14
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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)
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| April 28, 2008 |
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***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)
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| April 28, 2008 |
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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)
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| May 16, 2008 |
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MEMORANDUM OF LAW in Opposition re: 13 MOTION to Strike Document No. 7 Mars, Incorporated's Fair Use and Parody Affirmative Defenses.. Document filed
by Mars, Incorporated. (Price, Joseph) (Entered: May 16, 2008)
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| May 16, 2008 |
17
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MEMORANDUM OF LAW in Opposition re: 11 MOTION to Dismiss and Motion for
Judgment on the Pleadings.. Document filed by Robert Burck. (Rothman, Scott) (Entered: May 16, 2008)
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| June 18, 2008 |
18
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RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Robert Burck, Mars, Incorporated, Chute Gerdeman, Inc..(Price, Joseph) (Entered: June 18, 2008)
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| June 18, 2008 |
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TRANSCRIPT of proceedings held on 6-11-08 before Judge Denny Chin. (ama) (Entered: June 19, 2008)
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| June 23, 2008 |
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OPINION #96159: granting in part and denying in part 11 Motion to Dismiss;
denying 13 Motion to Strike. Burck's motion is denied and defendants' motions
are denied in part and granted in part. Chute's motion to dismiss and Mars's motion for judgment on the pleadings are granted with respect tp the right to privacy claim, but denied with
respect to the trademark infringement claim. Counsel shall appear for a pretrial conference on 7/11/2008 at noon. SO ORDERED. (Signed by Judge Denny Chin on 6/23/2008) (tve) (Additional
attachment(s) added on 7/11/2008: # 1 Corrected Opinion) (ae). (Entered: June 23, 2008)
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| June 23, 2008 |
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Set/Reset Hearings: Pretrial Conference set for 7/11/2008 at 12:00 PM before Judge Denny Chin. (tve) (Entered: June 23, 2008)
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| June 23, 2008 |
21
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AFFIDAVIT OF SERVICE. Service was accepted by Brian Shafley. Document filed by Robert Burck. (Mulhearn, Kevin) (Entered: June 23, 2008)
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| July 8, 2008 |
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TRANSCRIPT of proceedings held on 6/11/08 before Judge Denny Chin. (ama) (Entered: July 8, 2008)
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| July 10, 2008 |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Chute Gerdeman, Inc..(Price, Joseph) (Entered: July 10, 2008)
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| July 10, 2008 |
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ANSWER to Complaint. Document filed by Chute Gerdeman, Inc.. (Attachments: # 1 Certificate of Service)(Price, Joseph)
(Entered: July 10, 2008)
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| August 26, 2008 |
26
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MOTION for Ethan N. Halberstadt to Appear Pro Hac Vice; w/ attch. affidavit in support. Document filed by Robert Burck.(pl) (Entered: September 2, 2008)
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| August 29, 2008 |
25
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PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Denny Chin on 8/29/08) (cd) (Entered: September 2, 2008)
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| September 5, 2008 |
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CASHIERS OFFICE REMARK on 26 Motion to Appear Pro Hac Vice in the amount of
$25.00, paid on 8/27/08, Receipt Number 661619. (Quintero, Marcos) (Entered: September 5, 2008)
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| September 11, 2008 |
27
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FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 26 Motion for Ethan N.
Halberstadt to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 9/10/08) (mme) (Entered: September 11, 2008)
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| September 11, 2008 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 27 Order on Motion
to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (mme) (Entered: September 11, 2008)
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| November 7, 2008 |
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STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily
dismissed, with prejudice against the defendant(s) all parties and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed
by Robert Burck.(Rothman, Scott) (Entered: November 7, 2008)
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