Case details

Court: nysd
Docket #: 1:06-cv-00662
Case Name: Croton Watch Co., Inc. v. National Jeweler Magazine, Inc. et al
PACER case #: 279537
Date filed: 2006-01-27
Date terminated: 2006-08-08
Date of last filing: 2006-10-30
Assigned to: Judge George B. Daniels
Case Cause: 15:1125la Trademark Infringement (Lanham Act)
Nature of Suit: 840 Trademark
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Croton Watch Co., Inc.
Plaintiff
Max Moskowitz
Ostrolenk, Faber, LLP 1180 Avenue of the Americas New York, NY 10036 (212) 382-0700 Fax: (212) 382-0888 Email: mmoskowitz@ostrolenk.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Douglas Quinton Hahn
Ostrolenk, Faber, LLP 1180 Avenue of the Americas New York, NY 10036 (212) 596-0575 Fax: (212) 382-0888 Email: dhahn@sycr.com
ATTORNEY TO BE NOTICED

National Jeweler Magazine, Inc.
Defendant
TERMINATED: 06/05/2006
Mark Francis Raymond
Broad and Cassel One Biscayne Tower 21st Floor 2 South Biscayne Boulevard Miami, FL 33131 (305) 373-9400 Fax: (305) 373-9443 Email: mraymond@broadandcassel.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Teslar Inside Corporation
Defendant
Daniel Stuart Newman
Broad and Cassel One Biscayne Tower, 21st Floor 2 S. Biscayne Blvd Miami, FL 33131 (305) 373-9467 Email: dnewman@broadandcassel.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2006-01-27 1 0 Complaint COMPLAINT against National Jeweler Magazine, Inc., Teslar Inside Corporation. (Filing Fee $ 250.00, Receipt Number 568650)Document filed by Croton Watch Co., Inc..(es, ) Additional attachment(s) added on 2/1/2006 (kco, ). (Entered: 01/30/2006)
2006-01-27 2 0 Rule 7.1 Corporate Disclosure Statement RULE 7.1 DISCLOSURE STATEMENT. Document filed by Croton Watch Co., Inc..(es, ) Additional attachment(s) added on 2/1/2006 (kco, ). (Entered: 01/30/2006)
2006-02-01 3 0 Order for Initial Pretrial Conference ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/19/2006 09:30 AM before Judge George B. Daniels. at The United States Courthouse, 40 Foley Square, New York Courtroom 618. (Signed by Judge George B. Daniels on 1/31/06) (js, ) (Entered: 02/01/2006)
2006-02-01 4 0 Affidavit of Service Complaints AFFIDAVIT OF SERVICE. National Jeweler Magazine, Inc. served on 1/30/2006, answer due 2/20/2006. Service was accepted by Mark Borino. Document filed by Croton Watch Co., Inc.. (Hahn, Douglas) (Entered: 02/01/2006)
2006-02-06 5 0 Affidavit of Service Complaints AFFIDAVIT OF SERVICE. Teslar Inside Corporation served on 1/31/2006, answer due 2/20/2006. Service was accepted by Philip Hudson, Registered Agent. Document filed by Croton Watch Co., Inc.. (Hahn, Douglas) (Entered: 02/06/2006)
2006-02-22 6 0 Motion to Dismiss MOTION to Dismiss and Memorandum of Law. Document filed by Teslar Inside Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Newman, Daniel) Modified on 3/3/2006 (kg). Modified on 3/3/2006 (kkc, ). (Entered: 02/22/2006)
2006-03-01 7 0 Motion for Leave to Appear FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Leave to Appear Pro Hac Vice. Document filed by Teslar Inside Corporation. (Attachments: # 1 Text of Proposed Order)(Newman, Daniel) Modified on 3/3/2006 (kg). (Entered: 03/01/2006)
2006-03-06 8 0 Motion to Appear Pro Hac Vice MOTION for an order, admitting Mark F. Raymond to Appear Pro Hac Vice. Document filed by National Jeweler Magazine, Inc.. (sac, ) (Entered: 03/08/2006)
2006-03-10 9 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: 6 MOTION to Dismiss and Memorandum of Law.. Document filed by Croton Watch Co., Inc.. (Moskowitz, Max) (Entered: 03/10/2006)
2006-03-10 10 0 Declaration in Opposition to Motion DECLARATION of David Mermelstein in Opposition re: 6 MOTION to Dismiss and Memorandum of Law.. Document filed by Croton Watch Co., Inc.. (Moskowitz, Max) (Entered: 03/10/2006)
2006-03-10 11 0 Declaration in Opposition to Motion DECLARATION of Alexander Berger in Opposition re: 6 MOTION to Dismiss and Memorandum of Law.. Document filed by Croton Watch Co., Inc.. (Moskowitz, Max) (Entered: 03/10/2006)
2006-03-10 12 0 Memorandum of Law in Opposition to Motion FILING ERROR - DUPLICATE ENTRY - (SEE DOCUMENT # 9, 10 AND 11) - MEMORANDUM OF LAW in Opposition re: 6 MOTION to Dismiss and Memorandum of Law.. Document filed by Croton Watch Co., Inc.. (Attachments: # 1 Declaration of David Mermelstein# 2 Declaration of Alexander Berger# 3 Amended Complaint# 4 Certificate of Service)(Moskowitz, Max) Modified on 3/15/2006 (gf, ). (Entered: 03/10/2006)
2006-03-13 13 0 Amended Complaint AMENDED COMPLAINT amending 1 Complaint against National Jeweler Magazine, Inc., Teslar Inside Corporation.Document filed by Croton Watch Co., Inc.. Related document: 1 Complaint filed by Croton Watch Co., Inc.,.(sac, ) Additional attachment(s) added on 3/16/2006 (sac, ). (Entered: 03/14/2006)
2006-03-22 14 0 Order on Motion to Appear Pro Hac Vice ORDER granting 8 Motion for Mark F. Raymond to Appear Pro Hac Vice . (Signed by Judge George B. Daniels on 3/22/2006) (lb, ) (Entered: 03/22/2006)
2006-04-03 15 0 Motion to Dismiss MOTION to Dismiss. Document filed by Teslar Inside Corporation. (Newman, Daniel) (Entered: 04/03/2006)
2006-04-03 16 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 15 MOTION to Dismiss.. Document filed by Teslar Inside Corporation. (Attachments: # 1 Exhibit A)(Newman, Daniel) (Entered: 04/03/2006)
2006-04-20 17 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: 15 MOTION to Dismiss.. Document filed by Croton Watch Co., Inc.. (Attachments: # 1 Declaration of David Mermelstein# 2 Declaration of Alexander Berger# 3 Certificate of Service)(Hahn, Douglas) (Entered: 04/20/2006)
2006-05-02 18 0 Reply Memorandum of Law in Support of Motion REPLY MEMORANDUM OF LAW in Support re: 15 MOTION to Dismiss.. Document filed by Teslar Inside Corporation. (Newman, Daniel) (Entered: 05/02/2006)
2006-06-05 19 0 Stipulation and Order of Dismissal STIPULATION AND ORDER OF DISMISSAL with prejuide against dft. VNU Business Media, Inc. incorrectly sued as National Jeweler Magazine, Inc. (Signed by Judge George B. Daniels on 6/6/06) (pl, ) (Entered: 06/06/2006)
2006-08-07 20 0 Order on Motion to Dismiss ORDER: The amended complaint fails to state a claim upon which relief may be granted. Accordinglyw, defendant Teslar's motion to dismiss is granted, and the complaint is dismissed in its entirety. . (Signed by Judge George B. Daniels on 8/7/06) (js, ) (Entered: 08/08/2006) 2010-03-24 18:58:06 9e7fd69126495cd236d898f69e5d41baaee13800
2006-08-08 21 0 Clerk's Judgment CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Decision and Order dated August 7, 2006, defendant?s motion to dismiss is granted and the complaint is dismissed in its entirety. (Signed by J. Michael McMahon, clerk on 8/8/06) (Attachments: # 1 notice of right to appeal)(ml, ) (Entered: 08/08/2006) 2015-02-22 21:49:13 9d8c59f829afa765f374b7337ee5b81319806730
2006-08-17 22 0 Motion for Reconsideration MOTION for Reconsideration re; 20 Order on Motion to Dismiss, Plaintiff's Amended Complaint. Document filed by Croton Watch Co., Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Certificate of Service)(Hahn, Douglas) (Entered: 08/17/2006)
2006-08-31 23 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: 22 MOTION for Reconsideration re; 20 Order on Motion to Dismiss, Plaintiff's Amended Complaint.. Document filed by Teslar Inside Corporation. (Newman, Daniel) (Entered: 08/31/2006)
2006-10-16 24 0 Order MEMORANDUM DECISION AND ORDER: Plaintiff does not specify any matter or controlling decision which it believes the Court overlooked. Rather, plaintiff merely disagrees with the Court's finding that the allegations regarding the subject article do not constitute commercial speech for purposes of the Lanham Act. There is no merit to plaintiff's agrument that the Court erred in disregarding Teslar's intent that its press release would serve as an informational source for the press. As this Court found, plaintff could not state a congizable claim, under the Lanham Act, by "simply alleging that defednant caused a journalist to write ths article, the content of which plaintiff finds objectionable. Plaintiff's mere, unsubstantiated hope that discovery may yeild evdence that Teslas was actively engaged in writing the article is insufficient to withstand a motion to dismiss. So Ordered. (Signed by Judge George B. Daniels on 10/16/2006) (jmi, ) (Entered: 10/17/2006) 2010-03-24 19:19:21 db6f96e65afb0d37bbf33da7f7e7d71fd00d3cc1
2006-10-30 25 0 Order on Motion for Reconsideration ORDER: The Clerk of the Court is hereby directed to remove this motion, reflected on the docket sheet as document number 22, from the Court's active docket. (Signed by Judge George B. Daniels on 10/26/2006) (lb, ) (Entered: 10/30/2006)