Case details

Court: ohnd
Docket #: 5:11-cv-02466
Case Name: Boost Worldwide, Inc v. Summit City Check Cashing
PACER case #: 182610
Date filed: 2011-11-14
Date terminated: 2012-03-23
Assigned to: Judge David D. Dowd, Jr
Case Cause: 15:44 Trademark Infringement
Nature of Suit: 840 Trademark
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Boost Worldwide, Inc
Plaintiff
William Farah
Ste. 203 214 South Main Street Ann Arbor, MI 48104 734-926-8323 Fax: 888-793-3384 Email: wf@williamfarahlaw.com
ATTORNEY TO BE NOTICED

Summit City Check Cashing
Defendant
Summit City Check Cashing
1334 South Arlington Road Akron, OH 44306 PRO SE

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-11-14 1 0 Complaint against Summit City Check Cashing. Filing fee paid $ 350, Receipt number 0647-5024898. Filed by Boost Worldwide, Inc. (Attachments: # 1 Index Index of Exhibits, # 2 Exhibit Exhibit A - '818 Mark Certificate of Registration, # 3 Exhibit Exhibit B - '288 Mark Certificate of Registration, # 4 Exhibit Exhibit C - '019 Mark Certificate of Registration, # 5 Exhibit Exhibit D - 743 Mark 'Certificate of Registration, # 6 Civil Cover Sheet Civil Cover Sheet, # 7 Summons Summons) (Farah, William) (Entered: 11/14/2011)
2011-11-14 2 0 Corporate Disclosure Statement identifying Corporate Parent Nextel Boost Investment, Inc for Boost Worldwide, Inc filed by Boost Worldwide, Inc. (Farah, William) (Entered: 11/14/2011)
2011-11-14 3 0 Original Summons and Magistrate Consent Form issued for service upon Summit City Check Cashing. (Attachments: # 1 Magistrate Consent Form) (S,He) (Entered: 11/14/2011)
2011-11-21 4 0 Return of Service by personal service executed upon Summit City Check Cashing on 11/15/2011, filed on behalf of Boost Worldwide, Inc (Farah, William) (Entered: 11/21/2011)
2012-01-04 5 0 Application to Clerk for entry of default against Summit City Check Cashing filed by Boost Worldwide, Inc. (Farah, William) (Entered: 01/04/2012)
2012-01-04 6 0 Default Entered on 1/4/2012 against Summit City Check Cashing. Geri M. Smith, Clerk, by Ivonne Davis, Deputy Clerk. Related document(s) 5 . (D,I) (Entered: 01/04/2012)
2012-01-06 7 0 Notice of Service of Application for Default filed by Boost Worldwide, Inc. Related document(s) 5 .(Farah, William) (Entered: 01/06/2012)
2012-02-07 8 0 Certification in support (with supporting documents) of plaintiff's motion for default judgment filed by Plaintiff Boost Worldwide, Inc. (Attachments: # 1 Brief in Support of Motion for Entry of Default, # 2 Proposed Order, # 3 Certification/Affidavit of Private Investigator, # 4 Notice of Hearing on Motion for Entry)(Farah, William) Document has a signature of Marc D. Youngelson, who is not an attorney of record on this case. Modified text and double wording in attachment descriptions, and noted the document is not signed by the attorney of record on 2/10/2012 (S,He). (Entered: 02/07/2012)
2012-02-07 9 0 (Proposed) Notice of Hearing of Motion for Entry of Default filed by Boost Worldwide, Inc. Related document 8 . (Farah, William) Modified text on 2/10/2012 (S,He). (Entered: 02/07/2012)
2012-02-10 10 0 Motion for entry of default judgment filed by Plaintiff Boost Worldwide, Inc. (Attachments: # 1 Exhibit A - Original Complaint, # 2 Exhibit B - Executed Service, # 3 Exhibit C - Clerk's Entry of Default, # 4 Exhibit D - Attorney Fees and Costs, # 5 Exhibit E - Letter to Defendant to Cease And Desist, # 6 Exhibit F - Order- Boost v. Disho Brothers, # 7 Exhibit G - Order - Boost v., # 8 Exhibit H - Proposed Order, # 9 Brief in Support of Motion for Entry of Default Judgment, # 10 Certification/Affidavit of Private Investigator, # 11 Notice of Hearing)(Farah, William) Modified double wording in attachment descriptions on 2/13/2012 (S,He). (Entered: 02/10/2012)
2012-02-10 11 0 Notice of Service of Motion for Entry of Default filed by Boost Worldwide, Inc. Related document(s) 10 .(Farah, William) (Entered: 02/10/2012)
2012-02-22 12 0 Report and Recommendation that the Court GRANT 10 Plaintiff's Motion for default judgment and enter judgment against Defendant as outlined. See order for details. Objections to R&R due by 3/7/2012. Magistrate Judge Kathleen B. Burke on 2/22/2012. (D,I) (Entered: 02/22/2012)
2012-03-23 13 0 Memorandum Opinion Adopting Report and Recommendation 10 of Magistrate Judge Burke. Motion for default judgment filed by Boost Worldwide, Inc. is Granted. Copy of this Opinion mailed to Summit Check Cashing on 3/23/2012. Signed by Judge David D. Dowd, Jr. on 3/23/2012. (M,De) (Entered: 03/23/2012) 2014-12-09 15:13:57 33284076d28ebbdf3b8e7bd44ee7dbb2d7859e2d
2012-03-23 14 0 Order of Permanent Injunctive Relief. Related document ECF 13 . Defendant Summit Check Cashing is hereby permanently enjoined and restrained from the unauthorized use of the Boost Marks. Defendant Summit Check Cashing is hereby required to promptly: (i) remove any and all existing signage and destroy all advertising, displays, literature and other materials bearing the Boost Marks; (ii) cease and desist the use of the Boost Marks in any signage, advertising, displays, literature and other materials going forward; (iii) cease and desist the sale of Boost handsets and other Boost products going forward; and (iv) cease and desist the sale of replenishment minutes, or Re-Boost minutes, for Boost handsets and other products going forward. Within thirty (30) days after service of this Order of Permanent Injunctive Relief on defendant Summit Check Cashing, defendant is hereby required to file with the Court, and serve on plaintiff, a written report under oath detailing the manner in which defendant has complied with this Order of Permanent Injunctive Relief. The Court hereby awards plaintiff Boost (i) its reasonable attorneys' fees in the amount of $3,950; and (ii) its costs in the amount of $415. Judgment against defendant shall be entered in the amount of $4,365. Copy of this order mailed to Summit Check Cashing on 3/23/2012. Signed by Judge David D. Dowd, Jr. on 3/23/2012. (M,De) (Entered: 03/23/2012)
2012-03-23 15 0 Judgment Entry that for the reasons contained in the Memorandum Opinion (ECF 13 ) and Order of Permanent Injunctive Relief (ECF 14 ) filed contemporaneously herewith, plaintiff Boost Worldwide's motion for default judgment is GRANTED. The defendant Summit Check Cashing is enjoined and restrained as provided in the Court's Order of Permanent Injunctive Relief and plaintiff Boost Worldwide is awarded the sum of $4,365.00 in attorney fees and costs, and defendant Summit Check Cashing shall pay to plaintiff Boost Worldwide the sum $4,365.00. This cased is CLOSED. However, the Court retains continuing jurisdiction with respect to the enforcement of its Order of Permanent Injunctive Relief and this Judgment Entry. Copy of this order mailed to Summit Check Cashing on 3/23/2012. Signed by Judge David D. Dowd, Jr. on 3/23/2012. (M,De) (Entered: 03/23/2012) 2014-12-09 15:16:55 d11419b63fc81c0082f566cd9d0a95938341f3c8