DSW, Inc. et al v. Zappos.com, Inc. et al

Plaintiffs:DSW, Inc. and DSW Shoe Warehouse, Inc.
Defendants:Zappos.com, Inc. and Commission Junction, Inc.
 
Case Number:2:2008cv00455
Filed:May 12, 2008
 
Court:Ohio Southern District Court
Office:Trademark Office [ Court Info ]
County:FRANKLIN
Presiding Judge: Edmund A Sargus
Referring Judge: Mark R. Abel
 
Nature of Suit:Intellectual Property - Trademark
Cause:Federal Question
Jurisdiction:Federal Question
Jury Demanded By:15:44 Trademark Infringement
Date Filed # Docket Text
May 12, 2008 1 COMPLAINT with JURY DEMAND against zappos.com, Inc., Commission Junction, Inc. ( Filing fee $ 350 paid - receipt number: 06480000000001676824), filed by DSW, Inc., DSW Shoe Warehouse, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Remaklus, Theodore) (Entered: May 12, 2008)
May 12, 2008 2 NOTICE by Plaintiffs DSW, Inc., DSW Shoe Warehouse, Inc. re 1 Complaint, (Attachments: # 1 Civil Cover Sheet, # 2 Summons Form for Zappos.com, Inc., # 3 Summons Form for Commission Junction, Inc.) (Remaklus, Theodore) (Entered: May 12, 2008)
May 12, 2008 3 Corporate Disclosure Statement by Plaintiffs DSW, Inc., DSW Shoe Warehouse, Inc.. (Remaklus, Theodore) (Entered: May 12, 2008)
May 13, 2008 4 Summons Issued as to Commission Junction, Inc. (jcw) (Entered: May 13, 2008)
May 13, 2008 5 Summons Issued as to zappos.com, Inc. (jcw) (Entered: May 13, 2008)
June 2, 2008 6 Joint MOTION for Extension of Time to File Answer New date requested 7/9/2008. by Defendant Commission Junction, Inc.. (Attachments: # 1 Text of Proposed Order) (Sutter, Lawrence) (Entered: June 2, 2008)
June 2, 2008 7 Joint MOTION for Extension of Time to File Answer re 1 Complaint, New date requested 7/5/2008. by Plaintiffs DSW, Inc., DSW Shoe Warehouse, Inc., Defendant Zappos.com, Inc.. (Remaklus, Theodore) (Entered: June 2, 2008)
June 3, 2008 8 ORDER granting 6 , 7 Motions for Extension of Time to Answer. Zappos.com, Inc. Answer due 7/5/2008; Commission Junction, Inc. Answer due 7/9/2008. Signed by Mark R. Abel on 06/03/2008. (sr) (Entered: June 3, 2008)
June 23, 2008 9 Joint MOTION for Extension of Time New date requested 8/8/2008. by Defendant Commission Junction, Inc.. (Attachments: # 1 Text of Proposed Order) (Sutter, Lawrence) (Entered: June 23, 2008)
June 23, 2008 10 ORDER granting 9 Motion for Extension of Time. Defendant Commission Junction, Inc. has until 08/08/2008 to answer or otherwise plead in response to Complaint. Signed by Mark R. Abel on 06/23/2008. (sr) (Entered: June 23, 2008)
June 23, 2008 Set/Reset Deadlines: Commission Junction, Inc. answer due 8/8/2008. (sr) (Entered: June 23, 2008)
July 7, 2008 11 MOTION to Dismiss by Defendant Zappos.com, Inc.. Responses due by 7/31/2008 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 3A) (Yang, Rosanne) (Entered: July 7, 2008)
July 24, 2008 12 Joint MOTION for Extension of Time to File Answer New date requested 9/8/2008. by Defendant Commission Junction, Inc.. (Attachments: # 1 Text of Proposed Order) (Sutter, Lawrence) (Entered: July 24, 2008)
July 25, 2008 13 ORDER granting 12 Motion for Extension of Time to Answer re 1 Complaint. Defendant Commission Junction, Inc. shall have through and including 09/08/2008 to answer or otherwise plead in response to Complaint. Signed by Mark R. Abel on 07/25/2008. (sr) (Entered: July 25, 2008)
July 25, 2008 Set/Reset Deadlines: Commission Junction, Inc. answer due 9/8/2008. (sr) (Entered: July 25, 2008)
July 31, 2008 14 Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss New date requested 8/21/2008. by Plaintiffs DSW, Inc., DSW Shoe Warehouse, Inc.. (Remaklus, Theodore) (Entered: July 31, 2008)
August 1, 2008 15 ORDER granting 14 Motion for Extension of Time to File Response/Reply. Responses due by 8/21/2008. Signed by Mark R. Abel on 08/01/2008. (sr) (Entered: August 1, 2008)
August 20, 2008 16 NOTICE of Hearing: Preliminary Pretrial Conference set for 9/25/2008 @ 10:30 AM before Mark R. Abel. Conf of the parties due 9/4/08; Rule 26f report of the parties due 9/18/08. (sh1, ) (Entered: August 20, 2008)
August 21, 2008 17 RESPONSE in Opposition re 11 MOTION to Dismiss filed by Plaintiffs DSW, Inc., DSW Shoe Warehouse, Inc.. (Attachments: # 1 Exhibit 1) (Remaklus, Theodore) (Entered: August 21, 2008)
August 27, 2008 18 NOTICE of Appearance by David J Hudak Defendant Commission Junction, Inc. (Hudak, David) (Entered: August 27, 2008)
August 29, 2008 19 MOTION for Leave to Appear Pro Hac Vice of S. Ashlie Beringer filed filed by Defendant Commission Junction, Inc.. (Attachments: # 1 Text of Proposed Order) (sr) (Entered: August 29, 2008)
August 29, 2008 PHV Filing fee: For S. Ashlie Beringer $ 200, receipt number 200COL004433 (sr) (Entered: August 29, 2008)
September 2, 2008 20 ORDER granting 19 Motion for Leave to Appear Pro Hac Vice of S. Ashlie Beringer. Signed by Mark R. Abel on 09/02/2008. (sr) (Entered: September 2, 2008)
September 2, 2008 21 REPLY to Response to Motion re 11 MOTION to Dismiss filed by Defendant Zappos.com, Inc.. (Yang, Rosanne) (Entered: September 2, 2008)
September 8, 2008 22 MOTION to Dismiss by Defendant Commission Junction, Inc.. Responses due by 10/2/2008 (Beringer, Susan) (Entered: September 8, 2008)
September 8, 2008 23 MOTION to Dismiss Declaration in Support by Defendant Commission Junction, Inc.. Responses due by 10/2/2008 (Attachments: # Exhibit A-C) (Beringer, Susan) (Entered: September 8, 2008)
September 10, 2008 24 MOTION to Dismiss by Defendant Commission Junction, Inc.. Responses due by 9/29/2008 (Attachments: # 1 Declaration) (Beringer, Susan) (Entered: September 10, 2008)
September 16, 2008 25 RULE 26(f) REPORT by Plaintiffs DSW, Inc., DSW Shoe Warehouse, Inc., Defendants Zappos.com, Inc., Commission Junction, Inc.. (Remaklus, Theodore) (Entered: September 16, 2008)
September 23, 2008 26 NOTICE of Hearing: Preliminary Pretrial Conference "RESCHEDULED" for 10/3/2008 @ 9:00 AM before Mark R. Abel. (sh1, ) (Entered: September 23, 2008)
October 1, 2008 27 RESPONSE in Opposition re 24 MOTION to Dismiss filed by Plaintiffs DSW, Inc., DSW Shoe Warehouse, Inc.. (Attachments: # 1 Affidavit of Theodore R. Remaklus, # 2 Exhibit 1 to the Remaklus Decl., # 3 Exhibit 2 to the Remaklus Decl., # 4 Exhibit 3 to the Remaklus Decl., # 5 Exhibit 4 to the Remaklus Decl., # 6 Exhibit 5 to the Remaklus Decl.) (Remaklus, Theodore) (Entered: October 1, 2008)
October 1, 2008 28 MOTION for Discovery on the Jurisdictional Issue by Plaintiffs DSW, Inc., DSW Shoe Warehouse, Inc.. (Remaklus, Theodore) (Entered: October 1, 2008)
October 3, 2008 Minute Entry for proceedings held before Mark R. Abel: Initial Pretrial Conference held on 10/3/2008. (mra2, ) (Entered: October 14, 2008)
October 6, 2008 29 PRELIMINARY PRETRIAL ORDER: The parties will make their Rule 26 (a)(1) disclosures 14 days after the Court rules on the pending case-dispositive motions. Any expert who may give evidence supporting a party's claims or defenses must make his or her Rule 26 (a)(2) disclosures no later than 90 days before the deadline for completing all discovery. Any responsive experts disclosures must be made no later than 30 days later. Plaintiff will make a settlement demand no later than 12/01/2008. Defendants will respond to that demand no later than 12/08/2008. Case set for Settlement Week 12/2008. Signed by Mark R. Abel on 10/06/2008. (sr) (Entered: October 6, 2008)
October 10, 2008 30 NOTICE of Appearance by Kristopher J Armstrong Defendant Zappos.com, Inc. (Armstrong, Kristopher) (Entered: October 10, 2008)
October 17, 2008 31 RESPONSE in Support re 24 MOTION to Dismiss filed by Defendant Commission Junction, Inc.. (Beringer, Susan) Modified text to reflect correct link to motion to dismiss on 10/20/2008 (sr). (Entered: October 17, 2008)
October 17, 2008 32 RESPONSE in Opposition re 28 MOTION for Discovery on the Jurisdictional Issue filed by Defendant Commission Junction, Inc.. (Beringer, Susan) (Entered: October 17, 2008)
October 17, 2008 33 STIPULATION Concerning Sequencing of Pending Motions to Dismiss by Plaintiffs DSW, Inc., DSW Shoe Warehouse, Inc., Defendant Commission Junction, Inc.. (Beringer, Susan) (Entered: 10/17/2008)
October 17, 2008 34 Joint MOTION to Clarify by Plaintiffs DSW, Inc., DSW Shoe Warehouse, Inc., Defendant Commission Junction, Inc.. (Attachments: # 1 Text of Proposed Order) (Beringer, Susan) (Entered: October 17, 2008)
October 20, 2008 35 ORDER granting 34 Joint Motion to Clarify Deadline for Specially Appearing Defendant Commission Junction, Inc. to file Reply in Support of its Motion to Dismiss, or in the Alternative for an Extension of Time to file Rely. Extended to 10/17/08. Signed by Mark R. Abel on 10/20/08. (kch1) (Entered: October 20, 2008)
October 24, 2008 36 OPINION AND ORDER denying 11 Defendant Zappos.com, Inc.'s Motion to Dismiss. Plaintiff is granted leave to file an amended complaint within 10 days of the date of this Opinion and Order. Signed by Edmund A Sargus on 10/24/08. (dh) (Entered: October 24, 2008)
November 7, 2008 37 AMENDED COMPLAINT against Zappos.com, Inc., Commission Junction, Inc., filed by DSW, Inc., DSW Shoe Warehouse, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Remaklus, Theodore) (Entered: November 7, 2008)
November 7, 2008 38 NOTICE of Hearing: Settlement Week Conference set for 12/9/2008 @ 3:00 PM before James Curphey mediator. (sh1, ) (Entered: November 7, 2008)
November 24, 2008 39 RE-NOTICE of Hearing: Settlement Week Conference set for 12/9/2008 @ 3:00 PM before NEW AC Strip mediator. (sh1, ) (Entered: November 24, 2008)
November 26, 2008 40 MOTION to Dismiss Amended Complaint by Defendant Zappos.com, Inc.. Responses due by 12/22/2008 (Armstrong, Kristopher) (Entered: November 26, 2008)
December 1, 2008 41 STATUS CONFERENCE ORDER - A Settlement Week mediation is scheduled for 12/9/08. Signed by Mark R. Abel on 12/1/08. (jcw) (Entered: December 1, 2008)
Docket Report Last Checked: December 2, 2008 13:33:06 PST
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Plaintiff: DSW, Inc.
Represented By: Theodore R Remaklus
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Plaintiff: DSW Shoe Warehouse, Inc.
Represented By: Theodore R Remaklus
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Defendant: Zappos.com, Inc.
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Defendant: Commission Junction, Inc.
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