Herman Miller, Inc. v. Living Group LLC et al
| New York Southern District Court | |
| Judge: | Andrew L Carter, Jr |
| Referred: | Barbara C Moses |
| Case #: | 1:20-cv-06172 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1114 Trademark Infringement (Lanham Act) |
| Case Filed: | Aug 06, 2020 |
| Terminated: | Aug 30, 2021 |
| Last checked: Tuesday Aug 23, 2022 6:12 AM EDT |
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Defendant
Barcelona Designs
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Represented By
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Defendant
Daniel Javier Levy
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Represented By
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Defendant
Manhattan Home Design LLC
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Represented By
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Defendant
Living Group LLC
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Plaintiff
Herman Miller, Inc.
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Represented By
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Plaintiff
The Isamu Noguchi Foundation and Garden Museum
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Represented By
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| Docket last updated: 04/04/2025 11:59 PM EDT |
| Monday, August 30, 2021 | ||
| 44 | 44
2
pgs
misc
AO 120 Form Trademark - Case Terminated - Submitted
Mon 08/30 10:32 AM
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 8/30/2021 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)..(rj) |
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| 43 | 43
57
pgs
order
Judgment - Consent
Mon 08/30 10:15 AM
CONSENT JUDGMENT: Plaintiffs filed this action asserting intellectual property rights in the designs and brand names shown in EXHIBIT A appended hereto. Accused infringing products and uses are shown in EXHIBIT B appended hereto. From the date of this Judgment going forward: 1) Defendants shall not manufacture, have manufactured, advertise, market, sell, or otherwise distribute the products shown in EXHIBIT B, including any of the same or substantially similar appearance, regardless of model designation, upholstery type, or color; 2) Defendants shall not otherwise manufacture, have manufactured, market, sell or otherwise distribute any products that are confusingly similar to the asserted trade dress rights depicted in EXHIBIT A; 3) Defendants shall not use any of the brand names identified in EXHIBIT A or any names confusingly similar thereto in connection with the marketing or sale of furniture, office equipment, or housewares, except in accordance with principles of fair use and/or trademark exhaustion under controlling law; and 4) Defendants shall not aid or encourage any other entity to engage in the foregoing activities. The Court shall retain jurisdiction to enforce this Stipulated Judgment and the Settlement Agreement between the parties. Each party is to bear their own costs and fees relating to claims in this action. (Signed by Judge Andrew L. Carter, Jr on 8/30/2021) (rj) |
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| 42 | 42
2
pgs
order
Order on Motion to Add Party(ies)
Mon 08/30 9:37 AM
MEMO ENDORSED ORDER granting41 Motion to Add Party(ies) Living Group LLC. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/30/2021) (rj) |
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| Friday, August 27, 2021 | ||
| 41 | 41
motion
Add Party(ies)
Fri 08/27 9:46 AM
CONSENT MOTION to Add Party(ies) Living Group LLC as a Defendant with Manhattan Home Design LLC, Barcelona Designs, and Daniel Javier Levy and for Entry of Consent Judgment . Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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Att: 1
Stipulated Consent Judgment,
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Att: 2
Exhibits A and B to the Stipulated Consent Judgment
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| Friday, July 16, 2021 | ||
| 40 | 40
1
pgs
misc
Status Report
Fri 07/16 11:39 AM
STATUS REPORT. of Settlement Agreement addressed to Judge Moses Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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| Monday, May 24, 2021 | ||
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order
Order
Mon 05/24 2:30 PM
The Court has received and reviewed plaintiffs' confidential letter dated May 21, 2021. The parties are directed to advise the Court promptly, and on the record, as soon as a settlement is reached. (HEREBY ORDERED by Magistrate Judge Barbara C. Moses) (Text Only Order) (sb) |
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| Wednesday, May 19, 2021 | ||
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order
Order
Wed 05/19 9:42 AM
The Court has received plaintiffs' confidential update letter. The parties shall advise the Court in writing, no later than May 21, 2021, whether they have reached an agreement in principle to settle their dispute. (HEREBY ORDERED by Magistrate Judge Barbara C. Moses) (Text Only Order) (sb) |
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| Tuesday, May 11, 2021 | ||
| 37 | 37 For the reasons discussed during today's settlement conference, the parties shall advise the Court in writing, no later than May 18, 2021, whether they have reached an agreement in principle to settle their dispute. If they require additional time, they shall so request before May 18, 2021. (HEREBY ORDERED by Magistrate Judge Barbara Moses) (Text Only Order) (Moses, Barbara) | |
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minutes
Settlement Conference
Tue 05/11 5:13 PM
Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Settlement Conference held on 5/11/2021. (Snell, Kevin) |
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order
Order
Tue 05/11 6:41 PM
For the reasons discussed during today's settlement conference, the parties shall advise the Court in writing, no later than May 18, 2021, whether they have reached an agreement in principle to settle their dispute. If they require additional time, they shall so request before May 18, 2021. (HEREBY ORDERED by Magistrate Judge Barbara Moses) (Text Only Order) (Moses, Barbara) |
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| Wednesday, April 14, 2021 | ||
| 36 | 36
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pgs
order
Order ~Util - Set Hearings
Wed 04/14 5:02 PM
ORDER: The continued settlement conference previously scheduled for April 13, 2021, at 3:00 p.m. is ADJOURNED to May 11, 2021, at 2:15 p.m. The conference will take place using the Court's videoconferencing technology (Microsoft Teams), and chambers will provide the link and further instructions in an email to counsel closer to the date of the conference. (As further set forth in this Order.) ( Settlement Conference set for 5/11/2021 at 02:15 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 4/14/2021) (cf) |
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| Monday, March 15, 2021 | ||
| 35 | 35
order
Memo Endorsement ~Util - Set Hearings
Mon 03/15 1:19 PM
MEMO ENDORSEMENT on re:34 Letter, filed by The Isamu Noguchi Foundation and Garden Museum, Herman Miller, Inc. ENDORSEMENT: Application GRANTED. The continued settlement conference currently scheduled for March 18, 2021 is ADJOURNED to April 13, 2021, at 3:00 p.m. The parties shall submit a confidential joint settlement update letter to Moses_NYSDChambers@nysd.uscourts.gov no later than April 9, 2021. The provisions of paragraphs 1, 2, and 5-8 of the December 28, 2020 Order Scheduling Settlement Conference (Dkt. No. 31) remain in effect. SO ORDERED. (Telephone Conference set for 4/13/2021 at 03:00 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 3/15/2021) (jca) |
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| Friday, March 12, 2021 | ||
| 34 | 34
misc
Letter
Fri 03/12 4:41 PM
CONSENT LETTER addressed to Magistrate Judge Barbara C. Moses from Jonathan E. Moskin and Jean-Paul Ciardullo dated March 12, 2021 re: Settlement Conference. Document filed by Herman Miller, Inc., The Isamu Noguchi Foundation and Garden Museum..(Moskin, Jonathan) |
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| Thursday, March 04, 2021 | ||
| 33 | 33
1
pgs
notice
Notice of Appearance
Thu 03/04 1:28 PM
NOTICE OF APPEARANCE by Siddartha Rao on behalf of Barcelona Designs, Daniel Javier Levy, Manhattan Home Design LLC..(Rao, Siddartha) |
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| Thursday, February 11, 2021 | ||
| 32 | 32
1
pgs
order
Order ~Util - Set Hearings
Thu 02/11 11:02 AM
ORDER SCHEDULING CONTINUED SETTLEMENT CONFERENCE: Judge Moses will hold a continued telephonic settlement conference on March 18, 2021, at 3:00 p.m. At that time, the parties are directed to call (888) 557-8511, and enter (a) the access code 7746387 and (b) the security code that the Court will provide to you, by email. At least two court days prior to the continued conference, the parties shall submit a confidential joint settlement update letter to Moses_NYSDChambers@nysd.uscourts.gov. The provisions of paragraphs 1, 2, and 5-8 of the December 28, 2020 Order Scheduling Settlement Conference (Dkt. No. 31) remain in effect. (Telephone Conference set for 3/18/2021 at 03:00 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 2/11/2021) (cf) |
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| Wednesday, February 10, 2021 | ||
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minutes
Settlement Conference
Wed 02/10 4:50 PM
Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Settlement Conference held on 2/10/2021. (Snell, Kevin) |
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| Monday, December 28, 2020 | ||
| 31 | 31
6
pgs
order
Scheduling Order
Mon 12/28 10:30 AM
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on February 10, 2021, at 2:15 p.m. THE PARTIES ARE DIRECTED TO READ THIS ENTIRE ORDER CAREFULLY. FAILURE TO COMPLY WITH PRE-CONFERENCE RESPONSIBILITIES MAY RESULT IN SANCTIONS, and as further set forth in this Order Scheduling Settlement Conference. So ordered. (Settlement Conference set for 2/10/2021 at 02:15 PM before Magistrate Judge Barbara C. Moses). (Signed by Magistrate Judge Barbara C. Moses on 12/28/2020) (rjm) |
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| Monday, December 21, 2020 | ||
| 30 | 30
2
pgs
order
Memo Endorsement
Mon 12/21 12:25 PM
MEMO ENDORSEMENT on re:28 Letter, filed by Herman Miller, Inc. ENDORSEMENT: The Court adjourns Defendants' response to the Amended Complaint sine die. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/21/2020) (jca) |
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| 29 | 29
1
pgs
order
Order Referring Case to Magistrate Judge
Mon 12/21 12:21 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/21/2020) (jca) |
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| Friday, December 18, 2020 | ||
| 28 | 28
2
pgs
misc
Letter
Fri 12/18 11:25 PM
JOINT LETTER addressed to Judge Andrew L. Carter, Jr. from Jonathan E. Moskin, Stephen M. Dorvee, Marc P. Misthal dated 12/18/2020 re: Request for Settlement Conference with Magistrate Judge Moses. Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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| Tuesday, November 24, 2020 | ||
| 27 | 27
2
pgs
order
Memo Endorsement ~Util - Set Deadlines
Tue 11/24 11:14 AM
MEMO ENDORSEMENT on re:26 Letter. ENDORSEMENT: SO ORDERED. (Barcelona Designs answer due 12/23/2020; Daniel Javier Levy answer due 12/23/2020; Manhattan Home Design LLC answer due 12/23/2020.) (Signed by Judge Andrew L. Carter, Jr on 11/24/2020) (jwh) |
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| Monday, November 23, 2020 | ||
| 26 | 26
2
pgs
misc
Letter
Mon 11/23 6:13 PM
JOINT LETTER addressed to Judge Andrew L. Carter, Jr. from Jonathan E. Moskin dated 11/23/2020 re: Deadline for Response to First Amended Complaint. Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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| Wednesday, November 04, 2020 | ||
| 25 | 25
notice
Notice of Appearance
Wed 11/04 1:25 PM
NOTICE OF APPEARANCE by Marc P. Misthal on behalf of The Isamu Noguchi Foundation and Garden Museum..(Misthal, Marc) |
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| Monday, November 02, 2020 | ||
| 24 | 24
66
pgs
cmp
Amended Complaint
Mon 11/02 11:40 PM
FIRST AMENDED COMPLAINT amending11 Complaint, against Barcelona Designs, Daniel Javier Levy, Manhattan Home Design LLC with JURY DEMAND.Document filed by Herman Miller, Inc., The Isamu Noguchi Foundation and Garden Museum. Related document:11 Complaint,..(Ciardullo, Jean-Paul) |
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Att: 1
3 pgs
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H,
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Att: 9
Exhibit I,
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Att: 10
Exhibit J,
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Att: 11
3 pgs
Exhibit K
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| Tuesday, October 13, 2020 | ||
| 23 | 23
1
pgs
order
Memo Endorsement ~Util - Set Deadlines
Tue 10/13 1:00 PM
MEMO ENDORSEMENT on re:22 Letter filed by Herman Miller, Inc. ENDORSEMENT: So Ordered. Daniel Javier Levy answer due 11/2/2020; Manhattan Home Design LLC answer due 11/2/2020. (Signed by Judge Andrew L. Carter, Jr on 10/13/2020) (js) |
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| Monday, October 12, 2020 | ||
| 22 | 22
misc
Letter
Mon 10/12 11:22 PM
JOINT LETTER addressed to Judge Andrew L. Carter, Jr. from Jonathan E. Moskin dated 10/12/2020 re: Extension of Time for Defendants to Respond to Complaint. Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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| Monday, October 05, 2020 | ||
| 21 | 21
order
Memo Endorsement ~Util - Set Deadlines
Tue 10/06 11:02 AM
MEMO ENDORSEMENT on re:20 Letter filed by Herman Miller, Inc. ENDORSEMENT: SO ORDERED. Barcelona Designs answer due 10/12/2020; Daniel Javier Levy answer due 10/12/2020; Manhattan Home Design LLC answer due 10/12/2020. (Signed by Judge Andrew L. Carter, Jr on 10/5/2020) (cf) |
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| Friday, September 25, 2020 | ||
| 20 | 20
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pgs
misc
Letter
Fri 09/25 11:28 PM
LETTER addressed to Judge Andrew L. Carter, Jr. from Jonathan E. Moskin dated September 25, 2020 re: Extension of Time for Defendants to Respond to Complaint. Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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| Tuesday, September 08, 2020 | ||
| 19 | 19
2
pgs
order
Memo Endorsement ~Util - Set Deadlines
Tue 09/08 2:37 PM
MEMO ENDORSEMENT on re:18 Letter Request for Extension of Time to Respond to Complaint filed by Herman Miller, Inc. So Ordered., (All Defendants.) (Signed by Judge Andrew L. Carter, Jr on 9/8/20) (yv) |
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| Friday, September 04, 2020 | ||
| 18 | 18
2
pgs
misc
Letter
Fri 09/04 5:36 PM
JOINT LETTER addressed to Judge Andrew L. Carter, Jr. from Jonathan E. Moskin and Stephen M. Dorvee dated September 4, 2020 re: Request for Extension of Time to Respond to Complaint. Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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| Monday, August 31, 2020 | ||
| 17 | 17
service
Summons Returned Executed
Mon 08/31 2:45 PM
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Daniel Javier Levy served on 8/21/2020, answer due 9/11/2020. Service was accepted by Carlos "Doe", Doorman. Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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| 16 | 16
service
Summons Returned Executed
Mon 08/31 2:44 PM
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Barcelona Designs served on 8/13/2020, answer due 9/3/2020. Service was accepted by Sue Zouky, a person authorized by the New York Secretary of State. Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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| 15 | 15
5
pgs
service
Summons Returned Executed
Mon 08/31 2:43 PM
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Manhattan Home Design LLC served on 8/13/2020, answer due 9/3/2020. Service was accepted by Sue Zouky, a person authorized by the New York Secretary of State. Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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| Friday, August 14, 2020 | ||
| 14 | 14
1
pgs
notice
Notice of Appearance
Fri 08/14 1:22 PM
NOTICE OF APPEARANCE by Jean-Paul Ciardullo on behalf of Herman Miller, Inc...(Ciardullo, Jean-Paul) |
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| Monday, August 10, 2020 | ||
| 13 | 13
2
pgs
service
Summons Issued
Mon 08/10 11:23 AM
ELECTRONIC SUMMONS ISSUED as to Daniel Javier Levy..(pne) |
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notice
Notice of Case Assignment/Reassignment
Mon 08/10 3:11 PM
NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Louis L. Stanton is no longer assigned to the case..(wb) |
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| Friday, August 07, 2020 | ||
| 12 | 12
2
pgs
service
Request for Issuance of Summons
Fri 08/07 11:53 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Daniel Javier Levy, re:11 Complaint,. Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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| 11 | 11
46
pgs
cmp
Complaint
Fri 08/07 11:52 AM
COMPLAINT against Barcelona Designs, Daniel Javier Levy, Manhattan Home Design LLC. Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G
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| 10 | 10
2
pgs
service
Summons Issued
Fri 08/07 10:51 AM
ELECTRONIC SUMMONS ISSUED as to Barcelona Designs..(dnh) |
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| 9 | 9
2
pgs
service
Summons Issued
Fri 08/07 10:49 AM
ELECTRONIC SUMMONS ISSUED as to Manhattan Home Design LLC..(dnh) |
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| 8 | 8
misc
AO 120 Form Trademark - Case Opening - Submitted
Fri 08/07 10:47 AM
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)..(dnh) |
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misc
Notice to Attorney Regarding Deficient Pleading
Fri 08/07 10:36 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathan E. Moskin to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the docket entry must list each of the parties as to whom the pleading is being filed against. Multiple parties may be selected by holding the 'Ctrl' button. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dnh) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Fri 08/07 10:38 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan E. Moskin. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (dnh) |
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notice
Case Opening Initial Assignment Notice
Fri 08/07 10:39 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Louis L. Stanton. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . 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:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(dnh) |
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utility
Case Designation
Fri 08/07 10:39 AM
Magistrate Judge Barbara C. Moses 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:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (dnh) |
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utility
Case Designated ECF
Fri 08/07 10:39 AM
Case Designated ECF. (dnh) |
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misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Fri 08/07 10:57 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan E. Moskin to RE-FILE Document No. 7 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the party name listed in the defendant 'To:' section must appear exactly as it does in the pleading caption. Do not abbreviate party name. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
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| Thursday, August 06, 2020 | ||
| 7 | 7
2
pgs
service
Request for Issuance of Summons
Thu 08/06 3:36 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Daniel Javier Levy, re:1 Complaint,. Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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| 6 | 6
2
pgs
service
Request for Issuance of Summons
Thu 08/06 3:35 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Barcelona Designs, re:1 Complaint,. Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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| 5 | 5
2
pgs
service
Request for Issuance of Summons
Thu 08/06 3:34 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Manhattan Home Design LLC, re:1 Complaint,. Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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| 4 | 4
2
pgs
misc
AO 120 Form Patent/Trademark - Notice of Submission by Attorney
Thu 08/06 3:30 PM
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Moskin, Jonathan) |
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| 3 | 3
1
pgs
misc
Rule 7.1 Corporate Disclosure Statement
Thu 08/06 3:29 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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| 2 | 2
2
pgs
misc
Civil Cover Sheet
Thu 08/06 3:28 PM
CIVIL COVER SHEET filed..(Moskin, Jonathan) |
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| 1 | 1
46
pgs
cmp
Complaint
Thu 08/06 3:26 PM
COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-21034399)Document filed by Herman Miller, Inc...(Moskin, Jonathan) |
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Att: 1
3 pgs
Exhibit A,
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Att: 2
2 pgs
Exhibit B,
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Att: 3
19 pgs
Exhibit C,
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Att: 4
2 pgs
Exhibit D,
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Att: 5
4 pgs
Exhibit E,
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Att: 6
3 pgs
Exhibit F,
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Att: 7
3 pgs
Exhibit G
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