K & K Promotions, Inc v. The National Motorcycle Museum

Iowa Northern District Court
Judge:Cj Williams
Case #: 1:23-cv-00024
Nature of Suit840 Property Rights - Trademark
Cause15:1114 Trademark Infringement (Lanham Act)
Case Filed:Apr 17, 2023
Terminated:Apr 02, 2024
Last checked: Saturday Oct 14, 2023 3:39 AM CDT
Defendant
The National Motorcycle Museum
Represented By
Sarah Kathleen Franklin
Dentons Davis Brown PC
contact info
Matthew Alan Warner-Blankenship
Davis, Brown, Koehn, Shors & Roberts, PC
contact info
Plaintiff
K & K Promotions, Inc
Represented By
Emeric J Dwyer
Chestnut Cambronne PA
contact info
Jeffrey C O'Brien
Chestnut Cambronne PA
contact info


Docket last updated: 7 hours ago
Tuesday, April 02, 2024
28 28 1 pgs misc Docket Annotation Tue 04/02 2:34 PM
DOCKET Annotation re27 Stipulation of Dismissal: AO 120 Form emailed to the Director of the U.S. Patent and Trademark Office (jag)
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27 27 misc Stipulation of Dismissal Tue 04/02 11:00 AM
STIPULATION of Dismissal With Prejudice by K & K Promotions, Inc (Dwyer, Emeric)
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utility Terminate Civil Case Tue 04/02 12:33 PM
***Civil Case Terminated pursuant to27 Stipulation of Dismissal (jag)
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Wednesday, September 27, 2023
26 26 answer Answer to Complaint Wed 09/27 11:18 AM
ANSWER to1 Complaint, by The National Motorcycle Museum.(Franklin, Sarah)
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Wednesday, September 06, 2023
25 25 27 pgs order Order on Motion to Dismiss for Failure to State a Claim Wed 09/06 10:36 AM
ORDER granting in part and denying in part15 Motion to Dismiss for Failure to State a Claim. The Court grants defendant's motion as to plaintiff's trade dress claim (Count II) but denies it as to all other counts. Signed by Judge CJ Williams on 9/6/2023. (jag)
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Wednesday, August 16, 2023
24 24 minutes Motion Hearing Wed 08/16 3:12 PM
MINUTE Entry for proceedings held before Judge C.J. Williams: Motion Hearing held on 8/16/2023 re15 MOTION to Dismiss for Failure to State a Claim filed by The National Motorcycle Museum. The Court takes this matter under advisement with order to follow. Official Court Record: Patrice Murray PAMurrayReporting@gmail.com (BJL)
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Att: 1 Supplement Witness and Exhibit List
Wednesday, July 26, 2023
23 23 order Motion (Setting Hearing) Wed 07/26 4:21 PM
ORDER Setting Hearing on Motion15 MOTION to Dismiss for Failure to State a Claim: Motion Hearing set for 8/16/2023 02:00 PM in Ctrm 3 (4th Floor) Cedar Rapids before Judge CJ Williams. The parties have agreed to appear by Zoom. Zoom instructions will be forwarded separately to the parties. Signed by Judge CJ Williams on 7/26/2023. (kms)
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22 22 order Trial Management Order Wed 07/26 12:03 PM
TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 3 days before FPTC. Motions in limine 21 days before FPTC. Jury Trial set for 9/9/2024 09:00 AM in Ctrm 3 (4th Floor) Cedar Rapids before Judge CJ Williams. Final Pretrial Conference set for 8/26/2024 09:00 AM in Telephonic Hearing before Judge CJ Williams. Proposed Pretrial Order due by 8/23/2024. Pretrial Conference set for 9/9/2024 08:30 AM in Ctrm 3 (4th Floor) Cedar Rapids before Judge CJ Williams. Signed by Judge CJ Williams on 7/26/2023. (jlh)
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Tuesday, July 25, 2023
21 21 order Scheduling Order and Discovery Plan Tue 07/25 9:33 AM
SCHEDULING Order and Discovery Plan: Initial Disclosures due date of 8/11/2023 but not filed with the court. Add Parties Deadline due by 9/15/2023. Amended Pleadings due by 9/15/2023. Plaintiffs Expert Witness due by 10/17/2023. Defendants Expert Witnesses due by 11/17/2023. Plaintiffs Rebuttal Experts due by 12/15/2023. Discovery due by 2/16/2024. Motions due by 3/15/2024. Trial Ready Deadline 8/19/2024. Signed by Magistrate Judge Mark A Roberts on 7/25/2023. (jlh)
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20 20 minutes Scheduling Conference Tue 07/25 9:24 AM
MINUTE Entry for proceedings held before Magistrate Judge Mark A Roberts: Telephonic Scheduling Conference held on 7/25/2023. Official Court Record: FTR Gold (jlh)
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Wednesday, July 19, 2023
19 19 order Hearings (Setting/Resetting) Wed 07/19 10:39 AM
ORDER Setting Hearing: Scheduling Conference set for 7/24/2023 01:30 PM in Telephonic Hearing before Magistrate Judge Mark A Roberts. See Order for Court's Zoom.Gov audio instructions. Failure to appear for this scheduling conference could result in sanctions by the Court. Signed by Magistrate Judge Mark A Roberts on 7/19/2023. (jag)
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Monday, July 17, 2023
18 18 motion Proposed Scheduling Order and Discovery Plan Mon 07/17 1:44 PM
PROPOSED Scheduling Order and Discovery Plan by Plaintiff K & K Promotions, Inc (O'Brien, Jeffrey)
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Friday, June 30, 2023
17 17 respm Reply Brief Fri 06/30 1:04 PM
REPLY BRIEF to re15 MOTION to Dismiss for Failure to State a Claim filed by The National Motorcycle Museum. (Franklin, Sarah)
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Monday, June 26, 2023
utility Case Reassigned Mon 06/26 8:21 AM
Case Reassigned to Judge CJ Williams and Magistrate Judge Mark A Roberts. Magistrate Judge Mark A Roberts no longer assigned to the case as presider. (jag)
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Friday, June 23, 2023
16 16 respm Brief in Opposition of Motion Fri 06/23 5:59 PM
BRIEF in Opposition re15 MOTION to Dismiss for Failure to State a Claim filed by K & K Promotions, Inc. (O'Brien, Jeffrey)
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Friday, June 09, 2023
15 15 motion Dismiss for Failure to State a Claim Fri 06/09 4:45 PM
MOTION to Dismiss for Failure to State a Claim by Defendant The National Motorcycle Museum Responses due by 6/23/2023 (Franklin, Sarah)
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Att: 1 Brief,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Exhibit C
Thursday, May 25, 2023
14 14 misc Corporate Disclosure Statement Thu 05/25 1:13 PM
CORPORATE Disclosure Statement by The National Motorcycle Museum (Franklin, Sarah)
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Tuesday, May 16, 2023
13 13 notice Notice - Attorney Not Admitted Tue 05/16 8:49 AM
NOTICE to Attorney Matthew Alan Warner-Blankenship Not Admitted to Practice in the United States District Court For the Northern District of Iowa. Admissions due by 5/30/2023. (eAttorney Warner-Blankenship) (jag)
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Friday, May 12, 2023
12 12 1 pgs order Order on Motion for Extension of Time Fri 05/12 11:50 AM
ORDER granting10 Motion for Extension of Time to Move or Plead: Defendant has until 6/9/2023 to file an answer to the complaint or a responsive pleading. No more extensions of this deadline will be granted unless there is a showing of exceptional circumstances. Signed by Magistrate Judge Mark A Roberts on 5/12/2023. (kms)
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Thursday, May 11, 2023
11 11 notice Notice of Appearance Thu 05/11 4:15 PM
NOTICE of Appearance by Matthew Alan Warner-Blankenship on behalf of The National Motorcycle Museum. (Warner-Blankenship, Matthew)
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10 10 motion Extension of Time Thu 05/11 2:47 PM
MOTION for Extension of Time to move or plead in response to the Complaint by Defendant The National Motorcycle Museum (Franklin, Sarah)
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9 9 notice Notice of Appearance Thu 05/11 2:39 PM
NOTICE of Appearance by Sarah Kathleen Franklin on behalf of The National Motorcycle Museum. (Franklin, Sarah)
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Tuesday, May 09, 2023
8 8 misc Corporate Disclosure Statement Tue 05/09 11:51 AM
CORPORATE Disclosure Statement by K & K Promotions, Inc (O'Brien, Jeffrey)
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Wednesday, April 26, 2023
utility Set Deadlines/Hearings Wed 04/26 8:18 AM
Set Deadline: Defendant LR 7.1 Disclosure Statement due by 5/22/2023. (jag)
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Tuesday, April 25, 2023
7 7 service Summons Returned Executed Tue 04/25 3:24 PM
SUMMONS Returned Executed by K & K Promotions, Inc. The National Motorcycle Museum served on 4/21/2023, answer due 5/12/2023. (O'Brien, Jeffrey)
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Wednesday, April 19, 2023
6 6 order Order on Motion for Leave to Appear Wed 04/19 9:42 AM
TEXT ORDER ONLY granting5 Motion for Leave to Appear Pro Hac Vice for Attorney Emeric Dwyer on behalf of Plaintiff K & K Promotions, Inc. Upon review of the motion and certificate of good standing, the Court finds the motion should be granted, on the condition attorney registers for NextGen by 5/3/2023. Signed by Clerk on 4/19/2023. (eAtty O'Brien) (jag)
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Tuesday, April 18, 2023
5 5 motion Appear Pro Hac Vice Tue 04/18 4:42 PM
MOTION for Leave to Appear Pro Hac Vice for Attorney Emeric J. Dwyer ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3904871) by Plaintiff K & K Promotions, Inc (O'Brien, Jeffrey)
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Att: 1 Exhibit Certificate of Good Standing
4 4 1 pgs misc Docket Annotation Tue 04/18 10:55 AM
DOCKET Annotation: AO 120 Form and copy of1 Complaint emailed to the Director of the U.S. Patent and Trademark Office (jag)
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3 3 service Summons Issued Tue 04/18 10:13 AM
Summons Issued as to The National Motorcycle Museum. ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (jag)
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Att: 1 Civil Actions New Case Packet
2 2 notice Notice - MJ Case Assignment Tue 04/18 9:45 AM
NOTICE of Assignment to U.S. Magistrate Judge. Check Status Deadline due by 7/17/2023. (jag)
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utility Add and Terminate Judges Tue 04/18 9:32 AM
Magistrate Judge Mark A Roberts added. No conflicts identified. (jag)
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utility Set Deadlines/Hearings Tue 04/18 10:18 AM
Set Deadline: Plaintiff LR 7.1 Disclosure Statement due by 5/9/2023. (jag)
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Monday, April 17, 2023
1 1 cmp Complaint (SchedRpt) Mon 04/17 3:15 PM
COMPLAINT With Jury Demand against The National Motorcycle Museum ( Filing fee $ 402 receipt number AIANDC-3903764.), filed by K & K Promotions, Inc.. Scheduling Report due by 7/17/2023 (O'Brien, Jeffrey)
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Att: 1 Civil Cover Sheet