Titan Implement, LLC v. Titan Manufacturing and Distributing, Inc.
| Tennessee Eastern District Court | |
| Judge: | Travis R Mcdonough |
| Referred: | Christopher H Steger |
| Case #: | 1:20-cv-00273 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1114 Trademark Infringement |
| Case Filed: | Sep 18, 2020 |
| Case in other court: | Chancery Court of McMinn County, Tennessee, 2020-cv-217 |
| Last checked: Wednesday Mar 17, 2021 4:40 AM EDT |
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Counter Claimant
Titan Manufacturing and Distributing, Inc.
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Represented By
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Counter Defendant
Titan Implement, LLC
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Represented By
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Defendant
Titan Manufacturing and Distributing, Inc.
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Represented By
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Plaintiff
Titan Implement, LLC
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Represented By
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| Docket last updated: 04/28/2025 11:59 PM EDT |
| Tuesday, March 08, 2022 | ||
| 34 | 34
misc
Stipulation of Dismissal
Tue 03/08 3:25 PM
STIPULATION of Dismissal case Joint Stipulation of Dismissal with Prejudice by Titan Manufacturing and Distributing, Inc.. (Polly, Erin) |
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| Tuesday, March 01, 2022 | ||
| 33 | 33
1
pgs
order
Order
Tue 03/01 9:15 AM
ORDER re 32 Notice (Other) filed by Titan Manufacturing and Distributing, Inc. The parties have notified the Court of their intention to resolve this matter (Doc. 32). Accordingly, the parties are ORDERED to submit a stipulation of dismissal, or a joint status report, signed by all parties that have appeared pursuant to Rule 41(a)(1)(A)(ii) on or before March 28, 2022. The parties are ON NOTICE that, if no stipulation of dismissal or status report is filed on or before the date specified in this Order, the Court will dismiss this action withprejudice pursuant to Rule 41(b) and Local Rule 68.1.Signed by District Judge Travis R McDonough on 3/1/2022. (BDG) |
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| Wednesday, December 22, 2021 | ||
| 32 | 32
notice
Notice (Other)
Wed 12/22 4:33 PM
NOTICE by Titan Manufacturing and Distributing, Inc. re28 MOTION for Preliminary Injunction Notice Withdrawing Motion for Preliminary Injunction Without Prejudice (Creson, Gibeault) |
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| Tuesday, December 14, 2021 | ||
| 31 | 31
notice
Notice (Other)
Tue 12/14 6:41 PM
NOTICE by Titan Manufacturing and Distributing, Inc. re28 MOTION for Preliminary Injunction Notice of Filing(Creson, Gibeault) |
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Att: 1
Exhibit 1 - Excerpts of Titan Implement's Responses
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| 30 | 30
respm
Affidavit in Support of Motion
Tue 12/14 6:39 PM
AFFIDAVIT in Support re28 MOTION for Preliminary Injunction Declaration of Austin Speck filed by Titan Manufacturing and Distributing, Inc..(Creson, Gibeault) |
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Att: 1
Exhibit A - Titan Attachments Trademark,
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Att: 2
Exhibit B - Product Comparison Chart,
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Att: 3
Exhibit C - R. French Message,
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Att: 4
Exhibit D - Dealer Confusion,
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Att: 5
Exhibit E - Customer Confusion,
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Att: 6
Exhibit F - Internet Forum Confusion,
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Att: 7
Exhibit G - Host Titan Attachment confusion,
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Att: 8
Exhibit H - Consultant Confusion,
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Att: 9
Exhibit I - Google Search Results
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| 29 | 29
26
pgs
respoth
Memorandum in Support of Motion
Tue 12/14 6:34 PM
MEMORANDUM in Support of Motion re28 MOTION for Preliminary Injunction filed by Titan Manufacturing and Distributing, Inc.. (Creson, Gibeault) |
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| 28 | 28
motion
Preliminary Injunction
Tue 12/14 6:33 PM
MOTION for Preliminary Injunction by Titan Manufacturing and Distributing, Inc.. (Creson, Gibeault) |
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| Thursday, December 02, 2021 | ||
| 27 | 27
respm
Affidavit in Support of Motion
Thu 12/02 4:26 PM
AFFIDAVIT in Support re26 MOTION for Issuance of Letters Rogatory filed by Titan Implement, LLC. (Aho, Donald) |
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| 26 | 26
motion
Letters Rogatory
Thu 12/02 4:26 PM
MOTION for Issuance of Letters Rogatory by Titan Implement, LLC.(Aho, Donald) |
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Att: 1
Exhibit A - Letter of Request MTI Canada,
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Att: 2
Exhibit B - Letter of Request Schulte Industries
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| Thursday, November 04, 2021 | ||
| 25 | 25
order
Order on Motion for Miscellaneous Relief
Thu 11/04 2:02 PM
ORDER granting 24 Joint Motion to Enlarge Expert Disclosure Deadlines. Given that the parties are in agreement, that the requested enlargement is only one month, and that the parties state "[t]he requested enlargement will not impact any other deadlines in this matter and will not impact the trial date," the Court finds the motion well taken and it is GRANTED. Disclosure of Expert Testimony is due on January 7, 2022, and disclosure of rebuttal expert testimony is due on February 4, 2022. Signed by Magistrate Judge Christopher H Steger on 11-4-21. This entry is the Order of the Court. There is no document attached. (KMG) |
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| Wednesday, November 03, 2021 | ||
| 24 | 24
motion
Miscellaneous Relief
Wed 11/03 6:48 PM
Joint MOTION to Enlarge Expert Disclosure Deadlines re23 Scheduling Order,, Terminate Motions, by Titan Manufacturing and Distributing, Inc.. (Polly, Erin) |
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| Thursday, August 05, 2021 | ||
| 23 | 23
order
Scheduling Order ~Util - Terminate Motions
Thu 08/05 4:35 PM
SCHEDULING ORDER:( Jury Trial set for 6/27/2022 09:00 AM in Courtroom 3 - Chattanooga before District Judge Travis R McDonough., Final Pretrial Conference set for 6/13/2022 03:00 PM in Courtroom 3 - Chattanooga before District Judge Travis R McDonough.).Signed by District Judge Travis R McDonough on 8/5/2021. (BDG) |
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| Thursday, July 29, 2021 | ||
| 22 | 22
motion
Continue
Thu 07/29 4:15 PM
Joint MOTION to Continue the Trial Date and Enlarge Remaining Deadlines by Titan Manufacturing and Distributing, Inc.. (Polly, Erin) |
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| Tuesday, July 20, 2021 | ||
| 21 | 21
10
pgs
order
Order on Motion for Protective Order
Tue 07/20 10:16 AM
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Christopher H Steger on 7/20/2021. (BDG) |
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| Friday, July 09, 2021 | ||
| 20 | 20
motion
Protective Order
Fri 07/09 5:41 PM
Joint MOTION for Protective Order (Stipulated) by Titan Implement, LLC.(Aho, Donald) |
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Att: 1
Exhibit A - Stipulated Protective Order
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| Friday, January 29, 2021 | ||
| 19 | 19
notice
Notice (Other)
Fri 01/29 7:12 PM
NOTICE by Titan Manufacturing and Distributing, Inc. Notice of Re-Affiliation and Change of Address (Polly, Erin) |
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| Friday, October 30, 2020 | ||
| 18 | 18
answer
Answer to Counterclaim
Fri 10/30 3:17 PM
ANSWER to12 Counterclaim by Titan Implement, LLC.(Aho, Donald) |
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Att: 1
Exhibit 1 - 4R Ventures, LLC Complaint,
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Att: 2
Exhibit 2 - Coulter Ventures LLC Complaint,
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Att: 3
Exhibit 3 - Kappers Fabricating, Inc. Complaint,
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Att: 4
Exhibit 4 - RJ Thomas Mfg. Co., Inc. Complaint,
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Att: 5
Exhibit 5 - Cowboy Cauldron Co. Complaint
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| Wednesday, October 28, 2020 | ||
| 17 | 17
order
Order on Motion for Leave to Appear Pro Hac Vice
Wed 10/28 10:08 AM
ORDER granting 15 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: [LINK:https://pacer.psc.uscourts.gov/pscof/regWizard.jsf] . This entry is the complete Order of the Court. No document is attached. Signed by Magistrate Judge Christopher H Steger on October 28, 2020. (KLW) |
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| 16 | 16
order
Order on Motion for Leave to Appear Pro Hac Vice
Wed 10/28 10:06 AM
ORDER granting 14 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: [LINK:https://pacer.psc.uscourts.gov/pscof/regWizard.jsf] . This entry is the complete Order of the Court. No document is attached. Signed by Magistrate Judge Christopher H Steger on October 28, 2020. (KLW) Notice sent to Attorney Kabakoff with instruction to finalize registration (AML) |
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misc
Clerk's Verification of PHV Requirements
Wed 10/28 8:14 AM
Clerk's Verification of PHV Requirements is complete regarding document: 14 MOTION for Leave to Appear Pro Hac Vice of Stephen Kabakoff ( Filing fee $ 90 receipt number ATNEDC-4532735.) filed by Titan Implement, LLC, 15 MOTION for Leave to Appear Pro Hac Vice of Pharan Evans ( Filing fee $ 90 receipt number ATNEDC-4532741.) filed by Titan Implement, LLC (AML) |
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| Tuesday, October 27, 2020 | ||
| 15 | 15
motion
Appear Pro Hac Vice
Tue 10/27 11:24 AM
MOTION for Leave to Appear Pro Hac Vice of Pharan Evans ( Filing fee $ 90 receipt number ATNEDC-4532741.) by Titan Implement, LLC.(Aho, Donald) |
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Att: 1
Certificate of Good Standing
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| 14 | 14
motion
Appear Pro Hac Vice
Tue 10/27 11:21 AM
MOTION for Leave to Appear Pro Hac Vice of Stephen Kabakoff ( Filing fee $ 90 receipt number ATNEDC-4532735.) by Titan Implement, LLC.(Aho, Donald) |
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Att: 1
Certificate of Good Standing
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| Thursday, October 22, 2020 | ||
| 13 | 13
order
Scheduling Order
Thu 10/22 9:31 AM
SCHEDULING ORDER: Jury Trial set for 2/28/2022 09:00 AM in Courtroom 3 - Chattanooga before District Judge Travis R McDonough. Final Pretrial Conference set for 2/14/2022 03:00 PM in Courtroom 3 - Chattanooga before District Judge Travis R McDonough.Signed by District Judge Travis R McDonough on 10/22/2020. (BDG) |
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| Wednesday, October 21, 2020 | ||
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minutes
Scheduling Conference
Thu 10/22 3:00 PM
Minute Entry for proceedings held without a courtroom deputy or court reporter before District Judge Travis R McDonough: Scheduling Conference held on 10/21/2020. (BDG) |
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| Friday, October 16, 2020 | ||
| 12 | 12
cmp
Counterclaim
Fri 10/16 2:46 PM
Amended COUNTERCLAIM against Titan Implement, LLC, filed by Titan Manufacturing and Distributing, Inc..(Polly, Erin) |
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| Monday, October 12, 2020 | ||
| 11 | 11
misc
Report of Rule 26(f) Planning Meeting
Mon 10/12 1:20 PM
REPORT of Rule 26(f) Planning Meeting. (Aho, Donald) |
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| Friday, September 25, 2020 | ||
| 10 | 10
misc
Patent and Trademark Notice
Fri 09/25 4:01 PM
PATENT AND TRADEMARK NOTICE in compliance with 35 USC 290 and/or 15 USC 1116 regarding 5,941,411 . (Polly, Erin) |
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| 9 | 9
answer
Answer to Complaint Counterclaim
Fri 09/25 3:56 PM
ANSWER to Complaint , COUNTERCLAIM against Titan Implement, LLC by Titan Manufacturing and Distributing, Inc..(Polly, Erin) |
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| Wednesday, September 23, 2020 | ||
| 8 | 8
1
pgs
order
Order ~Util - Set Hearings
Wed 09/23 12:41 PM
ORDER Scheduling Conference reset for 10/21/2020 10:00 AM in Judge's Chambers (Telephonic Hearing) before District Judge Travis R McDonough.Signed by District Judge Travis R McDonough on 9/23/2020. (BDG) |
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| Tuesday, September 22, 2020 | ||
| 7 | 7
1
pgs
order
Order ~Util - Set Deadlines/Hearings
Tue 09/22 11:02 AM
ORDER Scheduling Conference set for 10/14/2020 10:00 AM in Judge's Chambers (Telephonic Hearing) before District Judge Travis R McDonough.Signed by District Judge Travis R McDonough on 9/22/2020. (KTC) |
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| Monday, September 21, 2020 | ||
| 6 | 6
notice
Notice of Consent/Nonconsent
Mon 09/21 11:44 AM
NOTICE OF NONCONSENT by Titan Manufacturing and Distributing, Inc. (Polly, Erin) |
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| 5 | 5
1
pgs
order
Order Regarding Availability of Magistrate Judge
Mon 09/21 8:05 AM
ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Travis R McDonough on September 21, 2020. (SAC) |
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Att: 1
Consent/Non-Consent Form(please flatten/print pdf to a non fillable format when filing)
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| 4 | 4
3
pgs
order
Order Governing Sealing Confidential Information
Mon 09/21 8:05 AM
Order Governing Sealing Confidential Information.Signed by District Judge Travis R McDonough on September 21, 2020. (SAC) |
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| 3 | 3
1
pgs
order
Order Governing Motions To Dismiss
Mon 09/21 8:04 AM
Order Governing Motions To Dismiss.Signed by District Judge Travis R McDonough on September 21, 2020. (SAC) |
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| 2 | 2
1
pgs
order
Order Governing Depositions
Mon 09/21 8:04 AM
Order Governing Depositions.Signed by District Judge Travis R McDonough on September 21, 2020. (SAC) |
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utility
Add and Terminate Judges
Mon 09/21 8:02 AM
District Judge Travis R McDonough and Magistrate Judge Christopher H Steger added. (SAC) |
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notice
Notice of Failure to File CCI
Mon 09/21 8:03 AM
NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by Titan Manufacturing and Distributing, Inc.. (SAC) |
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| Friday, September 18, 2020 | ||
| 1 | 1
cmp
Notice of Removal
Fri 09/18 2:25 PM
NOTICE OF REMOVAL from Chancery Court of McMinn County, Tennessee, case number 2020-cv-217. (Filing fee $ 400 receipt number ATNEDC-4487254), filed by Titan Manufacturing and Distributing, Inc..(Polly, Erin) |
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Att: 1
53 pgs
Exhibit A - Copy of McMinn Co. Chancery Court file,
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Att: 2
Other Civil Cover Sheet
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