Plaintiffs Red Bull GmbH and Red Bull North America, Inc. alleged that Defendant Axent Corporation manufactured, advertised, promoted, marketed, distributed and sold a Unicorn Energy Drink featuring a trade dress confusingly similar to and dilutive of the Red Bull marks and trade dress. Plaintiff also alleged that Defendant's website, which promoted the Unicorn Energy Drink, closely mimics the content and style of the Red Bull website.
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Date Filed
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#
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Docket Text
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| July 24, 2007 |
1
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COMPLAINT against Axent Corporation ( Filing fee $ 350 receipt number 100002521.), filed by Red Bull GMBH, Red Bull North America, Inc. (Attachments: # 1Report On The Filling Or Determination Of An Action Regarding A Patent Or Trademark# 2 Civil Cover Sheet # 3 Letter# 4 Receipt)(nhall) (Entered: July 25, 2007)
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| July 24, 2007 |
2
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Summons Issued and given to attorney for service by SPS as to Axent Corporation. (nhall) (Entered: July 25, 2007)
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| July 24, 2007 |
3
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Financial Interest Disclosure Statement (Local Rule 7.1) by Red Bull GMBH, Red Bull North America, Inc. (nhall) (Entered: July 25, 2007)
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| July 25, 2007 |
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Notice of Correction re: Plaintiff Attorney N. Thomas Connally notified personally via telephone on 7/25/07 to register for Electronic Case Filing. (nhall) (Entered: July 25, 2007)
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| July 26, 2007 |
4
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NOTICE of Appearance by Monica Scales Burke on behalf of all plaintiffs (Burke, Monica) (Entered: July 26, 2007)
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| August 10, 2007 |
5
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SUMMONS Returned Executed Axent Corporation served on 7/27/2007, answer due 8/16/2007. (Attachments: # 1 Letter)(nhall)
(Entered: August 16, 2007)
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| August 23, 2007 |
6
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ORDERED that this matter is REFERRED to the magistrate judge for prompt default proceedings. It is further ORDERED that a status conference or, if appropriate, an ex parte damages
hearing, is SCHEDULED to be heard by the magistrate judge at 10:00 a.m., Friday September 21, 2007. Default Judgment Hearing set for 9/21/2007 at 10:00 AM before Magistrate Judge Thomas
Rawles Jones Jr. Signed by Judge T. S. Ellis III on 8/23/07. (nhall) (Entered: August 28, 2007)
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| September 19, 2007 |
7
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ORDER that this matter is continued to September 28, 2007 at 10:00 a.m. and plaintiff is directed to comply with Fed. R. Civ. P. 55. Signed by Judge Thomas Rawles Jones Jr. on 9/19/07.
(nhall) (Entered: September 20, 2007)
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| September 20, 2007 |
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Set Deadlines/Hearings: Default Judgment Hearing set for 9/28/2007 at 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr. (clar, ) (Entered: September 20, 2007)
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| September 27, 2007 |
8
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Letter Regarding Settlement by Red Bull GMBH, Red Bull North America, Inc.. (Burke, Monica) (Entered: September 27, 2007)
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| September 28, 2007 |
9
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Minute Entry for proceedings held on 9/28/2007 before Judge Thomas Rawles Jones Jr.: Appearance of counsel for pltf. Matter came on for Default Hearing. Parties are in settlement. Case
cont'd to 10/26/07 @ 10am. Dismissal order or motion for default to be filed. (Tape #FTR.) (ctat, ) (Entered: October 4, 2007)
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| September 28, 2007 |
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Set Hearing: Default Judgment Hearing set for 10/26/2007 at 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr. (ctat, ) (Entered: October 4, 2007)
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| October 3, 2007 |
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Notice of Correction re 8 Letter. The filing user has been notified to file future documents and the certificate of service
with the correct signature block. (nhall) (Entered: October 3, 2007)
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| October 25, 2007 |
10
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NOTICE of Settlement and Joint Consent Motion for Entry of Judgment by Red Bull GMBH, Red Bull North America, Inc. (Attachments: # 1 Exhibit A)(Burke, Monica) (Entered: October 25, 2007)
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| October 25, 2007 |
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Per TRJ chambers motions set for 10/26/07 are off (clar, ) (Entered: October 25, 2007)
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| October 25, 2007 |
11
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SO ORDERED re 10 Notice of Settlement filed by Red Bull GMBH, Red Bull North America, Inc. (See Order For Details). Signed by
Judge T. S. Ellis III on 10/25/07. (nhall) (Entered: November 2, 2007)
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| October 25, 2007 |
12
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FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT AXENT CORPORATION. The Court, pursuant to the Consent Motion For Entry of Judgment, Including Permanent Injunction
("Motion") of the parties and as otherwise agreed to in writing by the parties, hereby ORDERS, ADJUDICATES and DECREES that final judgment, including a permanent injunction shall be and
hereby is entered on the Complaint in the above-referenced action as follows, and any defined terms shall have the meaning as specified in the Motion or as otherwise defined herein: 1.
Permanent Injunction. Axent Corporation ("Axent"), its owners, officers, directors, assignees, transferees, employees, agents and representatives, and all other persons, firms or entities
acting in concert or participating with it are enjoined from engaging in, directly or indirectly, or authorizing or assisting any third party to engage in, any of the following activities
in the United States and throughout the world. (See Order For Details). Signed by Judge T. S. Ellis III on 10/25/07. (nhall) (Entered: November 8, 2007)
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