DRT Group, LLC v. Image Comics, Inc.

New York Southern District Court
Judge:Naomi Reice Buchwald
Case #: 1:18-cv-10416
Nature of Suit840 Property Rights - Trademark
Cause15:1114 Trademark Infringement (Lanham Act)
Case Filed:Nov 08, 2018
Terminated:Feb 11, 2019
Last checked: Tuesday May 07, 2019 5:28 AM EDT
Cross Claimant
Hourglass LLC
Represented By
Robert Jan Miletsky
Law Office Of Robert J. Miletsky
contact info
Cross Defendant
Image Comics, Inc.
Defendant
Hourglass LLC
Represented By
Robert Jan Miletsky
Law Office Of Robert J. Miletsky
contact info
Defendant
Image Comics, Inc.
Plaintiff
DRT Group, LLC
Represented By
Samantha Brooke Welborne
The Bostany Law Firm PLLC
contact info
John Peter Bostany
The Bostany Law Firm PLLC
contact info
TERMINATED PARTIES
Defendant
Forbidden Planet LLC
Terminated: 11/09/2018


Docket last updated: 12 hours ago
Tuesday, February 12, 2019
misc Notice to Attorney Regarding Deficient Voluntary Dismissal Tue 02/12 9:06 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Heather McDonald. RE-FILE Document No. 28 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong event type was used to file the voluntary dismissal. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents. (Before re-filing change title of document to Stipulation of voluntary dismissal). (dt)
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Monday, February 11, 2019
30 30 misc AO 120 Form Trademark - Case Terminated - Submitted Tue 02/12 4:31 PM
AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 2/11/2019 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (ama)
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Att: 1 Supplement Trademark Information
29 29 order Stipulation and Order of Voluntary Dismissal Tue 02/12 4:23 PM
CONSENT DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff, DRT GROUP, LLC, and Defendants IMAGE COMICS, INC., and HOURGLASS LLC, that, whereas no party hereto is an infant or incompetent, all claims in this action by Plaintiff against Defendants and the cross claim by HOURGLASS LLC against IMAGE COMICS, INC. are hereby dismissed with prejudice and without costs pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 2/11/2019) (ama)
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28 28 notice Notice of Voluntary Dismissal Mon 02/11 5:33 PM
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Image Comics, Inc., Hourglass LLC. Document filed by Image Comics, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). . (McDonald, Heather)
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Friday, February 08, 2019
27 27 notice Notice of Settlement Fri 02/08 6:38 PM
NOTICE of Settlement of Controversy . Document filed by DRT Group, LLC. (Bostany, John)
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Monday, January 07, 2019
26 26 order Stipulation and Order ~Util - Set Deadlines Mon 01/07 4:19 PM
STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the parties in the above-captioned action, as follows: The time for IMAGE COMICS, INC. to answer, or otherwise respond to, DRT GROUP, LLC's Amended Complaint is further extended to January 30, 2019. By agreeing to this stipulation, the parties do not waive and expressly preserve any and all defenses and claims they may have. So Ordered. Image Comics, Inc. answer due 1/30/2019. (Signed by Judge Naomi Reice Buchwald on 1/7/2019) (ne)
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Friday, January 04, 2019
25 25 misc Proposed Stipulation and Order Fri 01/04 3:32 PM
PROPOSED STIPULATION AND ORDER. Document filed by Image Comics, Inc.. (Wallace, Kevin)
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Wednesday, December 12, 2018
24 24 order Permanent Injunction Thu 12/13 1:08 PM
CONSENT INJUNCTION: IT IS hereby ORDERED, that HOURGLASS LLC, its owners, agents, employees, affiliates, alter egos, officers, successors and all those acting in concert or active participation with any of them are hereby permanently enjoined from using the words "DEAD RABBIT" or any mark similar thereto or substantially indistinguishable therefrom in violation of the trademark claimed by DRT Group, LLC, in connection with the sale, purchase, offering for sale, display, transfer, marketing, advertising or distribution of any products or services, unless authorized in writing by DRT Group, LLC. Nothing herein shall constitute an admission of wrongdoing, fault or liability on the part of any party. So Ordered. (Signed by Judge Naomi Reice Buchwald on 12/12/2018) (anc)
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Monday, December 10, 2018
misc Notice to Court Regarding Proposed Order Mon 12/10 8:44 AM
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 23 Proposed Order was reviewed and approved as to form. (dt)
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Friday, December 07, 2018
23 23 misc Proposed Order Fri 12/07 5:45 PM
PROPOSED ORDER. Document filed by DRT Group, LLC. (Bostany, John)
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Wednesday, December 05, 2018
22 22 order Stipulation and Order ~Util - Set Deadlines/Hearings Thu 12/06 2:54 PM
STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the parties in the above-captioned action, as follows: The time for IMAGE COMICS, INC., ("Defendant") to answer, or otherwise respond to DRT GROUP, LLC's ("Plaintiff") Amended Complaint is extended to January 9, 2019. Defendant agrees to provide Plaintiff with the distributor information and sales volume for defendant's DEAD RABBIT comic books on or before December 14, 2018. By agreeing to this stipulation, the parties do not waive and expressly preserveany and all defenses and claims they may have. SO ORDERED., Image Comics, Inc. answer due 1/9/2019. (Signed by Judge Naomi Reice Buchwald on 12/05/2018) (ama)
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Monday, December 03, 2018
21 21 misc Proposed Stipulation and Order Mon 12/03 4:15 PM
PROPOSED STIPULATION AND ORDER. Document filed by Image Comics, Inc.. (McDonald, Heather)
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Friday, November 30, 2018
20 20 notice Notice of Appearance Fri 11/30 6:40 PM
NOTICE OF APPEARANCE by Robert Jan Miletsky on behalf of Hourglass LLC. (Miletsky, Robert)
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19 19 answer Answer to Amended Complaint Crossclaim Fri 11/30 6:38 PM
ANSWER to2 Amended Complaint,,., CROSSCLAIM against Image Comics, Inc.. Document filed by Hourglass LLC.(Miletsky, Robert)
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Tuesday, November 27, 2018
18 18 order Permanent Injunction Tue 11/27 6:14 PM
CONSENT INJUNCTION: IT IS hereby ORDERED, that IMAGE COMICS, INC., its owners, agents, employees, affiliates, alter egos, officers, successors and all those acting in conceit or active participation with any of them are hereby permanently enjoined from using the words "DEAD RABBIT" or any mark similar thereto or substantially indistinguishable therefrom in connection with the sale, purchase, offering for sale, display, transfer, marketing, advertising or distribution of any products or services. So ordered. (Signed by Judge Naomi Reice Buchwald on 11/27/2018) (ne)
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17 17 misc Proposed Order Tue 11/27 1:17 PM
PROPOSED ORDER. Document filed by DRT Group, LLC. (Bostany, John)
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misc Notice to Court Regarding Proposed Order Tue 11/27 3:06 PM
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 17 Proposed Order was reviewed and approved as to form. (dt)
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Monday, November 26, 2018
16 16 misc Proposed Judgment Mon 11/26 9:04 AM
PROPOSED JUDGMENT. Document filed by DRT Group, LLC. (Bostany, John)
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misc Notice to Court Regarding Proposed Order Mon 11/26 9:42 AM
***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. 16 Proposed Judgment was reviewed and approved as to form. (km)
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Wednesday, November 21, 2018
15 15 misc Letter Wed 11/21 6:20 AM
LETTER addressed to Judge Naomi Reice Buchwald from Kevin M. Wallace dated November 21, 2018 re: Response to Plaintiff's Rule 37.2 Letter-Motion. Document filed by Image Comics, Inc..(Wallace, Kevin)
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Att: 1 Exhibit A-E-Mail
Tuesday, November 20, 2018
14 14 motion Local Rule 37.2 Conference Tue 11/20 4:09 PM
LETTER MOTION for Local Rule 37.2 Conference to serve discovery pursuant to Rule 26(d) addressed to Judge Naomi Reice Buchwald from Samantha B. Welborne dated November 20, 2018. Document filed by DRT Group, LLC.(Welborne, Samantha)
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Att: 1 Exhibit A - Trademark Reg.,
Att: 2 Exhibit B - Nov. 13 Letter,
Att: 3 Exhibit C - Nov. 15 Letter,
Att: 4 Exhibit D - Rule 26(f) Scheduled
Tuesday, November 13, 2018
13 13 service Summons Returned Executed Tue 11/13 6:49 PM
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Image Comics, Inc. served on 11/13/2018, answer due 12/4/2018. Service was accepted by Manager. Document filed by DRT Group, LLC. (Welborne, Samantha)
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12 12 notice Notice of Appearance Tue 11/13 6:47 PM
NOTICE OF APPEARANCE by Samantha Brooke Welborne on behalf of DRT Group, LLC. (Welborne, Samantha)
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11 11 service Summons Issued Tue 11/13 2:34 PM
ELECTRONIC SUMMONS ISSUED as to Image Comics, Inc.. (pc)
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10 10 misc AO 120 Form Trademark - Case Opening - Submitted Tue 11/13 2:33 PM
AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (pc)
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Friday, November 09, 2018
9 9 service Request for Issuance of Summons Fri 11/09 5:36 PM
REQUEST FOR ISSUANCE OF SUMMONS as to IMAGE COMICS, INC., re:2 Amended Complaint,,. Document filed by DRT Group, LLC. (Bostany, John)
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8 8 service Summons Returned Executed Fri 11/09 5:23 PM
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Hourglass LLC served on 11/9/2018, answer due 11/30/2018. Service was accepted by Store Manager. Document filed by DRT Group, LLC. (Bostany, John)
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7 7 misc AO 120 Form Patent/Trademark - Notice of Submission by Attorney Fri 11/09 5:20 PM
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Bostany, John)
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6 6 service Summons Issued Fri 11/09 1:30 PM
ELECTRONIC SUMMONS ISSUED as to Hourglass LLC. (dnh)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Fri 11/09 1:21 PM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Peter Bostany. The following case opening statistical information was erroneously selected/entered: Dollar Demand 4,000,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 4,000,000. (dnh)
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misc Notice to Attorney to Submit AO 120 Form/AO 121 Form Fri 11/09 1:24 PM
***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney John Peter Bostany to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (dnh)
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notice Case Opening Initial Assignment Notice Fri 11/09 1:25 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (dnh)
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utility Case Designation Fri 11/09 1:26 PM
Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:http://nysd.uscourts.gov/forms.php] . (dnh)
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utility Case Designated ECF Fri 11/09 1:26 PM
Case Designated ECF. (dnh)
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Thursday, November 08, 2018
5 5 service Request for Issuance of Summons Thu 11/08 11:47 PM
REQUEST FOR ISSUANCE OF SUMMONS as to HOURGLASS LLC, re:2 Amended Complaint,,. Document filed by DRT Group, LLC. (Bostany, John)
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4 4 misc Civil Cover Sheet Thu 11/08 11:39 PM
CIVIL COVER SHEET filed. (Bostany, John)
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3 3 misc Rule 7.1 Corporate Disclosure Statement Thu 11/08 11:38 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by DRT Group, LLC.(Bostany, John)
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2 2 cmp Amended Complaint Thu 11/08 11:37 PM
AMENDED COMPLAINT amending1 Complaint, against Image Comics, Inc., Hourglass LLC with JURY DEMAND.Document filed by DRT Group, LLC. Related document:1 Complaint,.(Bostany, John)
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Att: 1 Exhibit A - Dead Rabbit Trademark,
Att: 2 Exhibit B - Release of infringing comic books,
Att: 3 Exhibit C - Promo at NYC Comic Con,
Att: 4 Exhibit D - Cease and Desist to Image Comics,
Att: 5 Exhibit E - Cease and Desist to Forbidden Planet,
Att: 6 Exhibit F - Sample of one of original DEAD RABBIT comic book
1 1 cmp Complaint Thu 11/08 10:19 PM
COMPLAINT against Forbidden Planet LLC, Image Comics, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-15887848)Document filed by DRT Group, LLC.(Bostany, John)
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Att: 1 Exhibit A - Trademark Registration,
Att: 2 Exhibit B - Release of Infringing Dead Rabbit,
Att: 3 Exhibit C - Promo at NYC Comic Con,
Att: 4 Exhibit D - Cease and Desist to Image Comics,
Att: 5 Exhibit E - Cease and Desist to Forbidden Planet,
Att: 6 Exhibit F - Sample of Original Dead Rabbit