Bubble Beauty, Inc. v. Five Below, Inc. et al

New York Southern District Court
Judge:Naomi Reice Buchwald
Case #: 1:25-cv-02401
Nature of Suit840 Property Rights - Trademark
Cause15:1125la Trademark Infringement (Lanham Act)
Case Filed:Mar 24, 2025
Last checked: Monday Mar 24, 2025 2:07 PM EDT
Defendant
Five Below, Inc.
701 Market Street Suite 300
Philadelphia, PA 19106
Defendant
Upper Canada Soap and Candle Makers Corp. d/b/a Dani Beauty
Plaintiff
Bubble Beauty, Inc.
70 Charlton Street
New York, NY 10014
Represented By
Alexander Rudolf Malbin
Meister Seelig & Fein PLLC
contact info


Docket last updated: 03/26/2025 11:59 PM EDT
Wednesday, March 26, 2025
9 9 misc AO 120 Form Trademark - Case Opening - Submitted Wed 03/26 9:10 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)..(gp)
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Tuesday, March 25, 2025
8 8 misc AO 120 Form Patent/Trademark - Notice of Submission by Attorney Tue 03/25 12:26 PM
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Malbin, Alexander)
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7 7 service Summons Issued Tue 03/25 11:57 AM
ELECTRONIC SUMMONS ISSUED as to Upper Canada Soap and Candle Makers Corporation..(jgo)
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6 6 service Summons Issued Tue 03/25 11:56 AM
ELECTRONIC SUMMONS ISSUED as to Five Below, Inc...(jgo)
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notice Case Opening Initial Assignment Notice Tue 03/25 11:46 AM
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: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] ..(jgo)
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utility Case Designation Tue 03/25 11:55 AM
Magistrate Judge Stewart D. Aaron 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] . (jgo)
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utility Case Designated ECF Tue 03/25 11:56 AM
Case Designated ECF. (jgo)
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misc Notice to Attorney to Submit AO 120 Form/AO 121 Form Tue 03/25 12:00 PM
***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Alexander Rudolf Malbin 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. (jgo)
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Monday, March 24, 2025
5 5 service Request for Issuance of Summons Mon 03/24 2:05 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Upper Canada Soap and Candle Makers Corp. d/b/a Dani Beauty, re:1 Complaint,,. Document filed by Bubble Beauty, Inc...(Malbin, Alexander)
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4 4 service Request for Issuance of Summons Mon 03/24 2:04 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Five Below, Inc., re:1 Complaint,,. Document filed by Bubble Beauty, Inc...(Malbin, Alexander)
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3 3 misc Rule 7.1 Corporate Disclosure Statement Mon 03/24 2:03 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bubble Beauty, Inc...(Malbin, Alexander)
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2 2 misc Civil Cover Sheet Mon 03/24 2:02 PM
CIVIL COVER SHEET filed..(Malbin, Alexander)
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1 1 37 pgs cmp Complaint Mon 03/24 1:59 PM
COMPLAINT against Five Below, Inc., Upper Canada Soap and Candle Makers Corp. d/b/a Dani Beauty. (Filing Fee $ 405.00, Receipt Number ANYSDC-30815672)Document filed by Bubble Beauty, Inc...(Malbin, Alexander)
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Att: 1 Exhibit Ex. A (Five Below e-commerce website screen capture),
Att: 2 Exhibit Ex. B (Upper Canada Soap website screen capture),
Att: 3 Exhibit Ex. C (digital ad materials for Bubble Beauty Bounce Back Trade Dress),
Att: 4 Exhibit Ex. D (digital ad materials for Bubble Beauty Come Clean Trade Dress),
Att: 5 Exhibit Ex. E (digital ad materials for Bubble Beauty Water Slide Trade Dress)