Brand Advance LLC v. Brand Advance UK et al
| New York Southern District Court | |
| Judge: | J Paul Oetken |
| Case #: | 1:24-cv-08610 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:44 Trademark Infringement |
| Case Filed: | Nov 13, 2024 |
| Terminated: | Dec 04, 2024 |
| Last checked: Saturday Dec 28, 2024 3:56 AM EST |
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Defendant
BA Diversity Media, Inc.
a Delaware corporation 275 Park Ave. Suite A
Brooklyn, NY 11205 |
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Defendant
Brand Advance Group
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Defendant
Brand Advance LTD
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Defendant
Brand Advance UK
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Defendant
Chris Kenna
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Plaintiff
Brand Advance LLC
401 East Las Olas Blvd. Suite 1400
Fort Lauderdale, FL 33301 |
Represented By
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| Docket last updated: 53 minutes ago |
| Friday, December 06, 2024 | ||
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misc
Received Acknowledgment (Electronic Case Transfer)
Wed 12/11 11:26 AM
Received e-mail from the United States District Court - Eastern District of New York acknowledging receipt of transferred case. Assigned Case Number: 1:24-cv-08384, filed on 12/5/2024. (tro) |
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| Wednesday, December 04, 2024 | ||
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1
pgs
misc
AO 120 Form Trademark - Case Terminated - Submitted
Thu 12/05 9:23 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 12/4/2024 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)..(mml) |
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| 22 | 22
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order
Order
Thu 12/05 9:10 AM
ORDER: On consent of the Plaintiff, this case is hereby transferred to the United States District Court for the Eastern District of New York. The transfer shall be effectuated forthwith. SO ORDERED. (Signed by Judge J. Paul Oetken on 12/4/2024) (mml) |
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transfer
Case Transferred Out - District Transfer
Thu 12/05 9:15 AM
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York. (mml) |
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| Tuesday, December 03, 2024 | ||
| 21 | 21
misc
Letter
Tue 12/03 2:08 PM
LETTER addressed to Judge J. Paul Oetken from Marshall A. Adams, Esq. dated 12/3/2024 re: NOTICE OF CONSENT TO TRANSFER PURSUANT TO [DE 20] ORDER TO SHOW CAUSE OR CONSENT TO TRANSFER. Document filed by Brand Advance LLC..(Adams, Marshall) |
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| Friday, November 29, 2024 | ||
| 20 | 20
order
Order
Fri 11/29 11:29 AM
ORDER: In its memorandum in support of a TRO and preliminary injunction, Plaintiff states that venue is proper in this judicial district pursuant to 28 U.S.C. § 1391, as Defendant maintains offices in this district. ECF No. 19 at 18. And in its complaint, Plaintiff states that Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391, as Defendant Kenna resides in New York and the foreign entities do business and have an office in New York. ECF No. 4 at 3. The allegations and attached documents indicate that Defendants New York office is in Brooklyn, New York, and public information suggests that Defendant Kenna resides in Brooklyn to the extent that he may reside in New York City. Brooklyn is in the Eastern District of New York, not the Southern District of New York. Accordingly, Plaintiff shall show cause within 7 days why this case should not be transferred to the United States District Court for the Eastern District of New York pursuant to 28 U.S.C. § 1404 or file a letter indicating its consent to such transfer. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.) |
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| Wednesday, November 27, 2024 | ||
| 19 | 19
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respm
Memorandum of Law in Support of Motion
Wed 11/27 3:46 PM
MEMORANDUM OF LAW in Support re:18 EX PARTE MOTION for Temporary Restraining Order and Other Relief . . Document filed by Brand Advance LLC..(Adams, Marshall) |
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Att: 1
Exhibit Ex. 1 - Defs appearing in ads, social media etc,
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Att: 2
Exhibit Ex. 2 - 2021.03.10 Email from Pltf to Def,
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Att: 3
Exhibit Ex. 3 - 2021.03.17 Email from Def to Pltf,
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Att: 4
Exhibit Ex. 4 - DE corporation registered,
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Att: 5
Exhibit Ex. 5 - Defs using Pltfs Mark in YouTube video,
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Att: 6
Exhibit Ex. 6 - WeareBrandAdvance logo,
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Att: 7
Exhibit Ex. 7 - Def using Brand Advance Mark online,
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Att: 8
Exhibit Ex. 8 - 2024.09.29 Search for Brand Advance Group,
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Att: 9
Exhibit Ex. 9 - 2024.09.29 Search for Brand Advance,
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Att: 10
Exhibit Ex. 10 - Identity Architects video,
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Att: 11
Exhibit Ex. 11 - Defs using Pltfs Mark in NY offices,
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Att: 12
Exhibit Ex. 12 - Defs using U.S. based websites that create business connections,
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Att: 13
Exhibit Ex. 13 - Social Media,
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Att: 14
Exhibit Ex. 14 - Def giving interviews,
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Att: 15
Exhibit Ex. 15 - Defs advertising positions,
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Att: 16
Exhibit Ex. 16 - Glassdoor review,
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Att: 17
Exhibit Ex. 17 - Glassdoor review CEO,
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Att: 18
Exhibit Ex. 18 - Infringing marketing and advertising activities,
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Att: 19
Exhibit Ex. 19 - LinkedIn,
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Att: 20
Exhibit Ex. 20 - 2024.07.25 Pltfs cease and desist letter,
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Att: 21
Exhibit Ex. 21 - LinkedIn 2,
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Att: 22
Exhibit Ex. 22 - Brand Advance Trademark
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| 18 | 18
motion
Temporary Restraining Order
Wed 11/27 3:37 PM
EX PARTE MOTION for Temporary Restraining Order and Other Relief . Document filed by Brand Advance LLC..(Adams, Marshall) ( Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing. ) |
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| Monday, November 25, 2024 | ||
| 17 | 17
service
Summons Issued
Mon 11/25 5:04 PM
ELECTRONIC SUMMONS ISSUED as to Brand Advance LTD..(pc) |
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| 16 | 16
service
Summons Issued
Mon 11/25 5:04 PM
ELECTRONIC SUMMONS ISSUED as to Brand Advance UK..(pc) |
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| 15 | 15
service
Summons Issued
Mon 11/25 5:03 PM
ELECTRONIC SUMMONS ISSUED as to Brand Advance Group..(pc) |
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| 14 | 14
service
Summons Issued
Mon 11/25 5:03 PM
ELECTRONIC SUMMONS ISSUED as to BA Diversity Media, Inc...(pc) |
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| 13 | 13
service
Summons Issued
Mon 11/25 5:02 PM
ELECTRONIC SUMMONS ISSUED as to Chris Kenna..(pc) |
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| Friday, November 22, 2024 | ||
| 12 | 12
service
Request for Issuance of Summons
Fri 11/22 1:07 PM
REQUEST FOR ISSUANCE OF SUMMONS as to BRAND ADVANCE UK, re:4 Complaint,,. Document filed by Brand Advance LLC..(Adams, Marshall) |
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| 11 | 11
service
Request for Issuance of Summons
Fri 11/22 1:06 PM
REQUEST FOR ISSUANCE OF SUMMONS as to BRAND ADVANCE LTD, re:4 Complaint,,. Document filed by Brand Advance LLC..(Adams, Marshall) |
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| 10 | 10
service
Request for Issuance of Summons
Fri 11/22 1:04 PM
REQUEST FOR ISSUANCE OF SUMMONS as to BRAND ADVANCE GROUP, re:4 Complaint,,. Document filed by Brand Advance LLC..(Adams, Marshall) |
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| 9 | 9
service
Request for Issuance of Summons
Fri 11/22 12:59 PM
REQUEST FOR ISSUANCE OF SUMMONS as to BA DIVERSITY MEDIA, INC, re:4 Complaint,,. Document filed by Brand Advance LLC..(Adams, Marshall) |
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| 8 | 8
service
Request for Issuance of Summons
Fri 11/22 12:52 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Chris Kenna, re:4 Complaint,,. Document filed by Brand Advance LLC..(Adams, Marshall) |
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| Thursday, November 21, 2024 | ||
| 7 | 7
misc
AO 120 Form Patent - Case Opening - Submitted
Thu 11/21 4:19 PM
AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(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)..(gp) |
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| Wednesday, November 20, 2024 | ||
| 6 | 6
1
pgs
misc
AO 120 Form Patent/Trademark - Notice of Submission by Attorney
Wed 11/20 1:29 PM
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Adams, Marshall) |
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| Tuesday, November 19, 2024 | ||
| 5 | 5
misc
Civil Cover Sheet
Tue 11/19 11:56 AM
CIVIL COVER SHEET filed..(Adams, Marshall) |
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| 4 | 4
cmp
Complaint
Tue 11/19 11:26 AM
COMPLAINT against BA Diversity Media, Inc., Brand Advance Group, Brand Advance LTD, Brand Advance UK, Chris Kenna. Document filed by Brand Advance LLC..(Adams, Marshall) |
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Att: 1
Exhibit Ex. 1 Brand Advance Trademark,
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Att: 2
Exhibit Ex. 2 UK00003447070 & UK00003447073,
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Att: 3
Exhibit Ex. 3 DB Emails BA UK and NYC for first time 3 10-2021 - Trademark Infringement - Brand Advance,
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Att: 4
Exhibit Ex. 4 DB receives reply from CK - BA March 17 2021 - Trademark Infringement - Brand Advance,
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Att: 5
Exhibit Ex. 5 DE Entity,
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Att: 6
Exhibit Ex. 6 April 20 2022 - Media Leader,
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Att: 7
Exhibit Ex. 7 July 25, 2024 - Plaintiff Letter - Notice of Infringement and Hardship - BRAND ADVANCE
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| Monday, November 18, 2024 | ||
| 3 | 3
2
pgs
order
Order for Initial Pretrial Conference
Mon 11/18 1:00 PM
ORDER: Initial Conference set for 2/26/2025 at 11:00 AM before Judge J. Paul Oetken. Counsel should call (888) 557-8511 at the scheduled time. The access code is 9300838. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. Members of the public may join but are instructed to place their phones on mute. SO ORDERED. (Signed by Judge J. Paul Oetken on 11/18/2024) (vfr) |
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order
Order
Mon 11/18 12:27 PM
ORDER: Plaintiff shall remedy the ECF filing deficiencies noted on the docket no later than November 25, 2024, including filing a Civil Cover Sheet, or this action will be dismissed without prejudice. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.) |
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| Thursday, November 14, 2024 | ||
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notice
Case Opening Initial Assignment Notice
Thu 11/14 9:30 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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] ..(pc) |
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utility
Case Designation
Thu 11/14 9:31 AM
Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. 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] . (pc) |
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utility
Case Designated ECF
Thu 11/14 9:31 AM
Case Designated ECF. (pc) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Thu 11/14 9:31 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Marshall Adams. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); County code Kings; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) |
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misc
Notice to Attorney Regarding Party Modification
Thu 11/14 9:31 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Marshall Adams. The party information for the following party/parties has been modified: Brand Advance UK, BA Diversity Media, Inc., Brand Advance LTD, Brand Advance Group. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
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misc
Notice to Attorney Regarding Deficient Pleading
Thu 11/14 9:31 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Marshall Adams to RE-FILE Document No. 1 Complaint,,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. 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. (pc) |
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misc
Notice to Attorney to Submit AO 120 Form/AO 121 Form
Thu 11/14 9:31 AM
***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Marshall Adams 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. (pc) |
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misc
Notice to Attorney to Submit/File Civil Cover Sheet
Thu 11/14 9:31 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Marshall Adams. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
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| Wednesday, November 13, 2024 | ||
| 1 | 1
13
pgs
cmp
Complaint
Wed 11/13 3:58 PM
COMPLAINT against All Defendants. (Filing Fee $ 405.00, Receipt Number BNYSDC-30179708)Document filed by Brand Advance LLC..(Adams, Marshall) |
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Att: 1
Exhibit Ex. 1 Brand Advance Trademark,
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Att: 2
Exhibit Ex. 2 UK00003447070 & UK00003447073,
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Att: 3
Exhibit Ex. 3 DB Emails BA UK and NYC for first time 3 10-2021 - Trademark Infringement - Brand Advance,
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Att: 4
Exhibit Ex. 4 DB receives reply from CK - BA March 17 2021 - Trademark Infringement - Brand Advance,
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Att: 5
Exhibit Ex. 5 DE Entity,
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Att: 6
Exhibit Ex. 6 April 20 2022 - Media Leader,
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Att: 7
Exhibit Ex. 7 July 25, 2024 - Plaintiff Letter - Notice of Infringement and Hardship - BRAND ADVANCE
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