This case was last updated from PACER on 03/19/2018 at 07:03:26 (UTC).

COTR Inc. et al v. XR Brands, Inc.

Case Summary

On 01/18/2018 COTR Inc filed an Intellectual Property - Trademark lawsuit against XR Brands, Inc. This case was filed in U.S. District Courts, New York Southern District. The Judge overseeing this case is John G. Koeltl. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:18-CV-00484

  • Filing Date:

    01/18/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Southern District

Judge Details

Presiding Judge

John G. Koeltl

 

Party Details

Plaintiffs

COTR Inc.

37 West 39Th Street

New York, NY 10018

Brandcore, Ltd.

Defendants

XR Brands, Inc.

XR, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Morris E. Cohen

Attorney at Goldberg Cohen, LLP

1350 Avenue Of The America, Suite 425

New York, NY 10019

Lee A. Goldberg

Attorney at Goldberg Cohen LLP

1350 Avenue Of The Americas

New York, NY 10019

Defendant Attorney

Jeffrey Francis Reina

Attorney at Lipsitz Green Scime Cambria,LLP(Bflo)

42 Delaware Avenue, Suite 120

Buffalo, NY 14202

 

Court Documents

#1

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Morris E. Cohen to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the pleading was not signed by filing attorney. 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. (sj) (Entered: 01/19/2018)

1 #2

Exhibit 2

1 #1

Exhibit 1

#2

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Morris E. Cohen to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): Plaintiff's attorney information is not provided on PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) (Entered: 01/19/2018)

#3

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Morris E. Cohen to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the civil cover sheet was not signed by the filing attorney. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (sj) (Entered: 01/19/2018)

#4

(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brandcore, Ltd., COTR Inc..(Cohen, Morris) (Entered: 01/18/2018)

#18

(#18) MEMO ENDORSEMENT on re: #17 Notice (Other) filed by XR, LLC. ENDORSEMENT: The conference scheduled for March 21, 2018 at 10:30am is cancelled. SO ORDERED. (Signed by Judge John G. Koeltl on 3/15/2018) (mml) (Entered: 03/15/2018)

#17

(#17) NOTICE of Withdrawal of Motion (Dkt. #13) re: #13 MOTION to Dismiss Amended Complaint or, in the Alternative, Change Venue.. Document filed by XR, LLC. (Reina, Jeffrey) (Entered: 03/14/2018)

13 #1

Memorandum of Law

#13

(#13) FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Amended Complaint or, in the Alternative, Change Venue. Document filed by XR, LLC. Responses due by 3/12/2018 (Attachments: #1 Memorandum of Law, #2 Declaration)(Reina, Jeffrey) Modified on 3/8/2018 (db). (Entered: 03/05/2018)

13 #2

Declaration

#16

(#16) ORDER: The Court will hold a conference in this matter on March 21, 2018 at 10:30 a.m. to discuss the defendant's motion to dismiss and set a deadline for the response and reply papers. ( Status Conference set for 3/21/2018 at 10:30 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 3/13/2018) (js) (Entered: 03/14/2018)

11 #1

Exhibit Exhibit 1

#15

(#15) ANSWER to #11 Amended Complaint with JURY DEMAND. Document filed by XR, LLC.(Reina, Jeffrey) (Entered: 03/09/2018)

#11

(#11) AMENDED COMPLAINT amending #5 Complaint against XR, LLC with JURY DEMAND.Document filed by COTR Inc., Brandcore, Ltd.. Related document: #5 Complaint. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Goldberg, Lee) (Entered: 02/12/2018)

11 #2

Exhibit Exhibit 2

#14

(#14) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by XR, LLC.(Reina, Jeffrey) (Entered: 03/09/2018)

#12

(#12) NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Monday, April 9, 2018, in Courtroom 14A, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. (Initial Conference set for 4/9/2018 at 04:30 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.) (ras) (Entered: 02/21/2018)

18 More Documents Available

 

Docket Entries

  • 03/15/2018
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  • (#18) MEMO ENDORSEMENT on re: #17 Notice (Other) filed by XR, LLC. ENDORSEMENT: The conference scheduled for March 21, 2018 at 10:30am is cancelled. SO ORDERED. (Signed by Judge John G. Koeltl on 3/15/2018) (mml) (Entered: 03/15/2018)

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  • 03/14/2018
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  • (#17) NOTICE of Withdrawal of Motion (Dkt. #13) re: #13 MOTION to Dismiss Amended Complaint or, in the Alternative, Change Venue.. Document filed by XR, LLC. (Reina, Jeffrey) (Entered: 03/14/2018)

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  • 03/13/2018
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  • (#16) ORDER: The Court will hold a conference in this matter on March 21, 2018 at 10:30 a.m. to discuss the defendant's motion to dismiss and set a deadline for the response and reply papers. ( Status Conference set for 3/21/2018 at 10:30 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 3/13/2018) (js) (Entered: 03/14/2018)

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  • 03/09/2018
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  • (#15) ANSWER to #11 Amended Complaint with JURY DEMAND. Document filed by XR, LLC.(Reina, Jeffrey) (Entered: 03/09/2018)

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  • 03/09/2018
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  • (#14) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by XR, LLC.(Reina, Jeffrey) (Entered: 03/09/2018)

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  • 03/08/2018
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  • ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jeffrey Francis Reina to RE-FILE Document #13 MOTION to Dismiss Amended Complaint or, in the Alternative, Change Venue.. ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db) (Entered: 03/08/2018)

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  • 03/05/2018
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  • (#13) FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Amended Complaint or, in the Alternative, Change Venue. Document filed by XR, LLC. Responses due by 3/12/2018 (Attachments: #1 Memorandum of Law, #2 Declaration)(Reina, Jeffrey) Modified on 3/8/2018 (db). (Entered: 03/05/2018)

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  • 02/21/2018
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  • (#12) NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Monday, April 9, 2018, in Courtroom 14A, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. (Initial Conference set for 4/9/2018 at 04:30 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.) (ras) (Entered: 02/21/2018)

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  • 02/12/2018
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  • (#11) AMENDED COMPLAINT amending #5 Complaint against XR, LLC with JURY DEMAND.Document filed by COTR Inc., Brandcore, Ltd.. Related document: #5 Complaint. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Goldberg, Lee) (Entered: 02/12/2018)

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  • 01/31/2018
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  • (#10) AFFIDAVIT OF SERVICE. XR Brands, Inc. served on 1/23/2018, answer due 2/13/2018. Service was accepted by Heather Long Office Manager. Document filed by COTR Inc.; Brandcore, Ltd.. (Goldberg, Lee) (Entered: 01/31/2018)

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7 More Docket Entries
  • 01/19/2018
  • CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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. (sj) (Entered: 01/19/2018)

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  • 01/19/2018
  • ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Morris E. Cohen 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. (sj) (Entered: 01/19/2018)

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  • 01/19/2018
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  • ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Morris E. Cohen to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): Plaintiff's attorney information is not provided on PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) (Entered: 01/19/2018)

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  • 01/19/2018
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  • ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Morris E. Cohen to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the civil cover sheet was not signed by the filing attorney. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (sj) (Entered: 01/19/2018)

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  • 01/19/2018
  • ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Morris E. Cohen. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:0044. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1051. (sj) (Entered: 01/19/2018)

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  • 01/19/2018
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  • ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Morris E. Cohen to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the pleading was not signed by filing attorney. 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. (sj) (Entered: 01/19/2018)

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  • 01/18/2018
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  • (#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brandcore, Ltd., COTR Inc..(Cohen, Morris) (Entered: 01/18/2018)

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  • 01/18/2018
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  • (#3) FILING ERROR - DEFICIENT CIVIL COVER SHEET - SIGNATURE ERROR - CIVIL COVER SHEET filed. (Cohen, Morris) Modified on 1/19/2018 (sj). (Entered: 01/18/2018)

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  • 01/18/2018
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  • (#2) FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to XR Brands, Inc., re: #1 Complaint. Document filed by Brandcore, Ltd., COTR Inc.. (Cohen, Morris) Modified on 1/19/2018 (sj). (Entered: 01/18/2018)

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  • 01/18/2018
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  • (#1) FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against XR Brands, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14594643)Document filed by COTR Inc., Brandcore, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cohen, Morris) Modified on 1/19/2018 (sj). (Entered: 01/18/2018)

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