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Milkcrate Athletics, Inc. v. adidas North America, Inc. et al, Docket No. 1:19-cv-07513 (S.D.N.Y. Aug 12, 2019), Court Docket
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Milkcrate Athletics, Inc. v. adidas North America, Inc. et al

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Court Dockets
nysd
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:19-cv-07513-JSR

Milkcrate Athletics, Inc. v. adidas North America, Inc. et al

DOCKET INFORMATION
Minimize
Date Filed: Aug 12, 2019
Status: Closed
Nature of suit:840 Trademark
Assigned to:Judge Jed S. Rakoff
Cause:15:1114 Trademark Infringement (Lanham Act)
Date terminated:2019-10-29
Jurisdiction:Federal Question
Jury demand:None

Parties and Attorneys

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 Plaintiff
Milkcrate Athletics, Inc.
Plaintiff
Representation
Kevon Glickman
Kevon Glickman Law LLC
1314 Pinewood Rd
Villanova, PA 19085
(610) 761-6833
kevon@kevonglickman.com
ATTORNEY TO BE NOTICED

 Defendant
adidas North America, Inc.
Defendant
Representation
H. Forrest Flemming , III
Kilpatrick Townsend & Stockton, LLP
1100 Peachtree Street, N.E., Suite 2800
Atlanta, GA 30309
(404) 815-6500
Fax: (404) 815-6555
fflemming@kilpatricktownsend.com
ATTORNEY TO BE NOTICED
Richard Charles Henn , Jr
Kilpatrick Townsend & Stockton LLP
1114 Sixth Avenue
New York, NY 10036
(404) 815-6572
chenn@ktslaw.com
ATTORNEY TO BE NOTICED
Robert Nathan Potter
Kilpatrick Townsend & Stockton LLP
1114 Avenue of the Americas
New York, NY 10036
(212) 775-8700
Fax: (212) 775-8800
rpotter@kilpatricktownsend.com
ATTORNEY TO BE NOTICED

 Defendant
BSE Global
Defendant
Representation
Eleanor Martine Lackman
Mitchell Silberberg & Knupp LLP
437 Madison Avenue
25th Floor
New York, NY 10022
(212) 509-3900
eml@msk.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Marissa Brooke Lewis
Mitchell Silberberg & Knupp LLP
437 Madison Avenue
25th Floor
New York, NY 10022
(212) 509-3900
mbl@msk.com
ATTORNEY TO BE NOTICED

Docket Entries

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EntryFiledPDFDescription
1Aug 12, 2019ViewCOMPLAINT against BSE Global, adidas North America, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17410187)Document filed by Milkcrate Athletics, Inc..(Glickman, Kevon) (Entered: 08/12/2019)
2Aug 12, 2019RequestAO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Glickman, Kevon) (Entered: 08/12/2019)
3Aug 12, 2019RequestREQUEST FOR ISSUANCE OF SUMMONS as to adidas North America, Inc., re: 1 Complaint. Document filed by Milkcrate Athletics, Inc.. (Glickman, Kevon) (Entered: 08/12/2019)
4Aug 12, 2019RequestREQUEST FOR ISSUANCE OF SUMMONS as to BSE Global, re: 1 Complaint. Document filed by Milkcrate Athletics, Inc.. (Glickman, Kevon) (Entered: 08/12/2019)
Aug 13, 2019***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Kevon Glickman. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) (Entered: 08/13/2019)
Aug 13, 2019***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kevon Glickman. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (jgo) (Entered: 08/13/2019)
Aug 13, 2019CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. 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 http://nysd.uscourts.gov/ecf_filing.php. (jgo) (Entered: 08/13/2019)
Aug 13, 2019Magistrate Judge Kevin Nathaniel Fox 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: http://nysd.uscourts.gov/forms.php. (jgo) (Entered: 08/13/2019)
Aug 13, 2019Case Designated ECF. (jgo) (Entered: 08/13/2019)
5Aug 13, 2019RequestELECTRONIC SUMMONS ISSUED as to adidas North America, Inc.. (jgo) (Entered: 08/13/2019)
6Aug 13, 2019RequestELECTRONIC SUMMONS ISSUED as to BSE Global. (jgo) (Entered: 08/13/2019)
7Aug 13, 2019RequestCIVIL COVER SHEET filed. (Glickman, Kevon) (Entered: 08/13/2019)
8Aug 20, 2019RequestAO 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). (jgo) (Entered: 08/20/2019)
9Aug 20, 2019RequestCERTIFICATE OF SERVICE of Summons and Complaint. BSE Global served on 8/19/2019, answer due 9/9/2019. Service was accepted by Gail Gaddis, Manager of Legal Services Dept.. Document filed by Milkcrate Athletics, Inc.. (Glickman, Kevon) (Entered: 08/20/2019)
10Sep 6, 2019RequestNOTICE OF APPEARANCE by Robert Nathan Potter on behalf of adidas North America, Inc.. (Potter, Robert) (Entered: 09/06/2019)
11Sep 10, 2019RequestNOTICE OF COURT CONFERENCE: Initial Conference set for 9/26/2019 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 9/10/2019) (jwh) (Entered: 09/10/2019)
Sep 17, 2019Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/17/2019, ( Initial Conference set for 9/26/2019 at 11:00 AM before Judge Jed S. Rakoff.). (Kotowski, Linda) (Entered: 09/17/2019)
12Sep 23, 2019RequestFILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for H. Forrest Flemming, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17646664. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by adidas North America, Inc.. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Flemming, H. Forrest) Modified on 9/23/2019 (wb). (Entered: 09/23/2019)
Sep 23, 2019>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 12 MOTION for H. Forrest Flemming, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17646664. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Georgia not the District Court;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) (Entered: 09/23/2019)
13Sep 24, 2019RequestFILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for H. Forrest Flemming, III to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by adidas North America, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Flemming, H. Forrest) Modified on 9/25/2019 (wb). (Entered: 09/24/2019)
Sep 25, 2019>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 13 MOTION for H. Forrest Flemming, III to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Pursuant to Rule 1.3. the Attorney Affidavit missing the language of disciplinary.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) (Entered: 09/25/2019)
14Sep 25, 2019RequestNOTICE OF APPEARANCE by Eleanor Martine Lackman on behalf of BSE Global. (Lackman, Eleanor) (Entered: 09/25/2019)
15Sep 25, 2019RequestNOTICE OF APPEARANCE by Marissa Brooke Lewis on behalf of BSE Global. (Lewis, Marissa) (Entered: 09/25/2019)
16Sep 25, 2019RequestMOTION for H. Forrest Flemming, III to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by adidas North America, Inc.. (Attachments: # 1 Affidavit of H. Forrest Flemming, III, # 2 Text of Proposed Order)(Flemming, H. Forrest) (Entered: 09/25/2019)
Sep 25, 2019>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for H. Forrest Flemming, III to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 09/25/2019)
Sep 26, 2019Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 9/26/2019. (Kotowski, Linda) (Entered: 09/27/2019)
17Sep 27, 2019RequestNOTICE OF APPEARANCE by Richard Charles Henn, Jr on behalf of adidas North America, Inc.. (Henn, Richard) (Entered: 09/27/2019)
18Sep 27, 2019RequestRULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent adidas AG for adidas North America, Inc.. Document filed by adidas North America, Inc..(Henn, Richard) (Entered: 09/27/2019)
19Sep 27, 2019ViewANSWER to 1 Complaint. Document filed by adidas North America, Inc..(Henn, Richard) (Entered: 09/27/2019)
20Sep 27, 2019RequestRULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Brooklyn Basketball Holdings, LLC, Corporate Parent Brooklyn Basketball, LLC, Corporate Parent B-Cubed Basketball, LLC for BSE Global. Document filed by BSE Global.(Lackman, Eleanor) (Entered: 09/27/2019)
21Sep 27, 2019RequestANSWER to 1 Complaint. Document filed by BSE Global.(Lackman, Eleanor) (Entered: 09/27/2019)
22Sep 27, 2019RequestCIVIL CASE MANAGEMENT PLAN: Ready for Trial by 2/26/2020. This Court requires that this case shall be ready for trial on 2-26-2020. After consultation with counsel for the parties, the following Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure. The case is to be tried to a jury. Amended Pleadings due by 11/1/2019. Joinder of Parties due by 11/1/2019. Motions due by 1/24/2020. Responses due by 2/7/2020 Replies due by 2/14/2020. Deposition due by 1/10/2020. All Discovery due by 1/17/2020. A Final Pretrial Conference set for 2/27/2020 at 02:00 PM before Judge Jed S. Rakoff. And as set forth herein. SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/26/2019) (ama) (Entered: 09/29/2019)
23Oct 2, 2019RequestORDER FOR ADMISSION PRO HAC VICE granting 16 Motion for H. Forrest Flemming, III to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 9/28/2019) (rjm) (Entered: 10/02/2019)
24Oct 28, 2019RequestSETTLEMENT AGREEMENT . Document filed by Milkcrate Athletics, Inc..(Glickman, Kevon) (Entered: 10/28/2019)
25Oct 29, 2019RequestSTIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: The parties having reached a settlement agreement in this action, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the parties, Milkcrate Athletics, Inc., adidas North America, Inc. and Brooklyn Nets, LLC (improperly named "BSE Global"), stipulate to the dismissal of this lawsuit and all claims embraced herein with prejudice, with each side to bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 10/29/2019) (jwh) (Entered: 10/29/2019)
26Oct 29, 2019RequestAO 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 10/29/2019 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). (jwh) (Entered: 10/29/2019)

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