This case was last updated from U.S. District Courts on 01/01/2022 at 07:20:16 (UTC).

Kroll, LLC et al v. K2 Integrity Holdings, Inc. et al

Case Summary

On November 2, 2021, Kroll, LLC (f/k/a Duff & Phelps, LLC) and Kroll HoldCo, LLC (f/k/a Kroll, LLC) (collectively, “Kroll” or “Plaintiffs”), represented by Michael S. Elkin of Winston & Strawn LLP filed an intellectual property lawsuit against K2 Integrity Holdings, Inc., K2 Intelligence, LLC and Jules Kroll (“Defendants”), seeking permanent injunctive reliefs and damages along with prejudgement and post-judgement reliefs among other reliefs for the alleged trademark infringement by the Defendants. The case was filed in the United States District Court in the Southern District of New York. 

 

In the complaint, the Plaintiffs alleged that, “In 2004, Jules Kroll sold an investigative business he created for nearly $2 billion, and he personally took home over $100 million from the sale. Transfer of the “Kroll” name and trademarks was key in the consideration for the sale. Rather than withhold the name as part of the deal, Jules Kroll willingly pocketed $100 million and gave up use of the “Kroll” brand. He agreed not to use the “Kroll” name in business, except in extremely limited circumstances, and never in a trademark for a competing business.”

 

The Plaintiffs further alleged that, “The latest assault on the KROLL brand is part of a pattern of behavior for Jules Kroll. Following the 2004 sale of his investigation business, Jules Kroll established other businesses, some together with his son, Jeremy Kroll. Repeatedly, Jules Kroll and his businesses have tried to reclaim use of the name “Kroll.” With each new business, in one way or another, Jules Kroll and his businesses have attempted to use the “Kroll” name in a way that undermined his promise not to do so. And after being challenged, each time they relented. That history did not stop Jules Kroll and his businesses from trying again.”

 

The Plaintiffs also alleged that, “Jules Kroll and K2 have threatened to begin using the “Kroll” name in a new trademark for the K2 business, incorporating the tagline “founded by Jules Kroll and Jeremy Kroll.” Their threatened use of the “Kroll” name, as part of a new trademark and tagline for K2, is a breach of contract and infringes Plaintiff’s rights in the KROLL trademark. Defendants’ infringing use of “Kroll” will create consumer confusion, to the detriment of the public. It will harm Plaintiffs’ respected services associated with the “Kroll” name and KROLL trademarks, established through years of growth and market leadership after Jules Kroll left the business.”

 

There are eight claims of relief laid down by the Plaintiff. The first claim is for the alleged violation of Federal Trademark Infringement Under Lanham Act § 32(1)(a), 15 U.S.C. § 1114(1). The second claim is for the alleged violation of Federal Unfair Competition Under 15 U.S.C. § 1125(A). The third claim is for declaratory and injunctive relief for breach of contract. The fourth claim is for the alleged anticipatory breach of contract under New York Common Law. The fifth claim is for declaratory and injunctive relief for trademark infringement. The sixth claim is for the alleged trademark infringement under New York General Business Law § 360-K. The seventh claim is for alleged deceptive acts and practices under New York General Business Law § 349. The eighth claim is for the alleged unfair competition under New York Common Law. 

 

In the prayer for relief, the Plaintiff requested the Court for declaratory reliefs and injunctive reliefs along with award of damages including but not limited to compensatory damages, lost profits, lost fees, and disgorgement of the Defendants’ profits and developer fees; treble damages and exemplary damages along with attorney’s fees and costs; costs and expenses of this litigation; pre-judgment and post-judgment interest and any other relief the court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-09037

  • Filing Date:

    11/02/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

Judge Details

Presiding Judge

Jed S. Rakoff

 

Party Details

Plaintiffs

Kroll, LLC

Kroll HoldCo, LLC

Defendants

K2 Integrity Holdings, Inc.

K2 Intelligence, LLC

Jules Kroll

Attorney/Law Firm Details

Plaintiff Attorneys

Michael S. Elkin

Attorney at Winston & Strawn LLP (NY)

200 Park Avenue

New York, NY 10166

Cesie Chanel Alvarez

Attorney at Winston & Strawn LLP (NY)

200 Park Avenue

New York, NY 10166

Seth Eliot Spitzer

Attorney at Winston & Strawn LLP (NY)

200 Park Avenue

New York, NY 10166

Stephen Victor D'Amore

Attorney at Winston & Strawn LLP

35 W. Wacker Drive

Chicago, IL 60601

Defendant Attorneys

Benjamin Fader Cooper

Attorney at Kobre & Kim

800 Third Avenue6Th Floor

New York, NY 10022

George Stamatopoulos

Attorney at Kobre & Kim LLP

800 Third Avenue6Th Floor

New York, NY 10022

Steven Gary Kobre

Attorney at Kobre & Kim LLP (NYC)

800 Third Avenue

New York, NY 10022

Zachary David Rosenbaum

Attorney at Kobre & Kim

800 Third Avenue6Th Floor

New York, NY 10022

 

Court Documents

#30

(#30) REPLY MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss (Notice of Motion). . Document filed by K2 Integrity Holdings, Inc., K2 Intelligence, LLC, Jules Kroll..(Rosenbaum, Zachary) (Entered: 12/20/2021)

#29

(#29) MEMORANDUM OF LAW in Opposition re: #24 MOTION to Dismiss (Notice of Motion). . Document filed by Kroll HoldCo, LLC, Kroll, LLC..(Elkin, Michael) (Entered: 12/13/2021)

28 #12

Exhibit L

28 #8

Exhibit H

28 #7

Exhibit G

28 #6

Exhibit F

28 #5

Exhibit E

28 #3

Exhibit C

28 #2

Exhibit B

28 #1

Exhibit A

28 #28

Main Document

#24

(#24) MOTION to Dismiss (Notice of Motion). Document filed by K2 Integrity Holdings, Inc., K2 Intelligence, LLC, Jules Kroll. Responses due by 12/13/2021.(Rosenbaum, Zachary) (Entered: 11/29/2021)

#6

(#6) REQUEST FOR ISSUANCE OF SUMMONS as to K2 Intelligence, LLC, re: #1 Complaint. Document filed by Kroll HoldCo, LLC, Kroll, LLC..(Elkin, Michael) (Entered: 11/02/2021)

#5

(#5) REQUEST FOR ISSUANCE OF SUMMONS as to K2 Integrity Holdings, Inc., re: #1 Complaint. Document filed by Kroll HoldCo, LLC, Kroll, LLC..(Elkin, Michael) (Entered: 11/02/2021)

#4

(#4) AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Elkin, Michael) (Entered: 11/02/2021)

#3

(#3) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Delta Parent Holdings, Inc., Corporate Parent Deerfield Dakota Holding LLC, Corporate Parent Duff & Phelps Holdings Corporation, Corporate Parent Duff & Phelps MidCo Corporation, Corporate Parent Deerfield TopCo LLC, Corporate Parent D&P US Holding Corporation, Corporate Parent Delta Buyer, Inc. for Kroll HoldCo, LLC, Kroll, LLC. Document filed by Kroll HoldCo, LLC, Kroll, LLC..(Elkin, Michael) (Entered: 11/02/2021)

#2

(#2) CIVIL COVER SHEET filed..(Elkin, Michael) (Entered: 11/02/2021)

#1

(#7) REQUEST FOR ISSUANCE OF SUMMONS as to Jules Kroll, re: #1 Complaint. Document filed by Kroll HoldCo, LLC, Kroll, LLC..(Elkin, Michael) (Entered: 11/02/2021)

45 More Documents Available
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Docket Entries

  • 12/20/2021
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  • Docket(#30) REPLY MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss (Notice of Motion). . Document filed by K2 Integrity Holdings, Inc., K2 Intelligence, LLC, Jules Kroll..(Rosenbaum, Zachary) (Entered: 12/20/2021)

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  • 12/13/2021
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  • Docket(#29) MEMORANDUM OF LAW in Opposition re: #24 MOTION to Dismiss (Notice of Motion). . Document filed by Kroll HoldCo, LLC, Kroll, LLC..(Elkin, Michael) (Entered: 12/13/2021)

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  • 11/30/2021
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  • Docket(#28) DECLARATION of Zachary D. Rosenbaum in Support re: #24 MOTION to Dismiss (Notice of Motion).. Document filed by K2 Integrity Holdings, Inc., K2 Intelligence, LLC, Jules Kroll. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L).(Rosenbaum, Zachary) (Entered: 11/30/2021)

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  • 11/30/2021
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  • Docket(#27) AMENDED MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss (Notice of Motion). (Corrected Brief). Document filed by K2 Integrity Holdings, Inc., K2 Intelligence, LLC, Jules Kroll..(Stamatopoulos, George) (Entered: 11/30/2021)

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  • 11/29/2021
  • DocketMinute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/29/2021. Plaintiffs moved for leave to file a protective order and to compel Defendants to file under seal certain attachments annexed to the Declaration of Zachary Rosenbaum, which was filed in support of Defendants motion to dismiss. Accordingly, the Court directed Defendants to file the Rosenbaum Decl. with certain attachments under temporary seal while it reviewed the disputed materials. On 11/30/21, in a follow-up telephone conference held without transcription or recording at which counsel for both parties were present, Plaintiffs withdrew their motion. The Court accordingly directed Defendants to refile the Rosenbaum Decl., including all attachments, on the public docket. (Kotowski, Linda) (Entered: 11/30/2021)

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  • 11/29/2021
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  • Docket(#26) DECLARATION of Zachary D. Rosenbaum in Support re: #24 MOTION to Dismiss (Notice of Motion).. Document filed by K2 Integrity Holdings, Inc., K2 Intelligence, LLC, Jules Kroll. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J).(Rosenbaum, Zachary) (Entered: 11/29/2021)

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  • 11/29/2021
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  • Docket(#25) FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #27) MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss (Notice of Motion). . Document filed by K2 Integrity Holdings, Inc., K2 Intelligence, LLC, Jules Kroll..(Rosenbaum, Zachary) Modified on 11/30/2021 (lb). (Entered: 11/29/2021)

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  • 11/29/2021
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  • Docket(#24) MOTION to Dismiss (Notice of Motion). Document filed by K2 Integrity Holdings, Inc., K2 Intelligence, LLC, Jules Kroll. Responses due by 12/13/2021.(Rosenbaum, Zachary) (Entered: 11/29/2021)

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  • 11/22/2021
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  • Docket(#23) CIVIL CASE MANAGEMENT PLAN: The case is to be tried to a jury. Amended Pleadings due by 1/5/2022. Joinder of Parties due by 1/5/2022. Motions due by 3/14/2022. Responses due by 3/28/2022 Replies due by 4/4/2022. Deposition due by 3/7/2022. Discovery due by 3/7/2022. Final Pretrial Conference set for 4/26/2022 at 04:00 PM before Judge Jed S. Rakoff. Ready for Trial by 4/19/2022. (Signed by Judge Jed S. Rakoff on 11/20/2021) (kv) (Entered: 11/22/2021)

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  • 11/19/2021
  • DocketMinute Entry for proceedings held before Judge Jed S. Rakoff: Telephonic Initial Pretrial Conference held on 11/19/2021, ( Final Pretrial Conference set for 4/26/2022 at 04:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda) (Entered: 11/19/2021)

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17 More Docket Entries
  • 11/03/2021
  • DocketCase Designated ECF. (pc) (Entered: 11/03/2021)

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  • 11/03/2021
  • DocketMagistrate Judge Robert W. Lehrburger 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) (Entered: 11/03/2021)

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  • 11/03/2021
  • DocketCASE 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 #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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) (Entered: 11/03/2021)

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  • 11/02/2021
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  • Docket(#7) REQUEST FOR ISSUANCE OF SUMMONS as to Jules Kroll, re: #1 Complaint. Document filed by Kroll HoldCo, LLC, Kroll, LLC..(Elkin, Michael) (Entered: 11/02/2021)

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  • 11/02/2021
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  • Docket(#6) REQUEST FOR ISSUANCE OF SUMMONS as to K2 Intelligence, LLC, re: #1 Complaint. Document filed by Kroll HoldCo, LLC, Kroll, LLC..(Elkin, Michael) (Entered: 11/02/2021)

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  • 11/02/2021
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  • Docket(#5) REQUEST FOR ISSUANCE OF SUMMONS as to K2 Integrity Holdings, Inc., re: #1 Complaint. Document filed by Kroll HoldCo, LLC, Kroll, LLC..(Elkin, Michael) (Entered: 11/02/2021)

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  • 11/02/2021
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  • Docket(#4) AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Elkin, Michael) (Entered: 11/02/2021)

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  • 11/02/2021
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  • Docket(#3) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Delta Parent Holdings, Inc., Corporate Parent Deerfield Dakota Holding LLC, Corporate Parent Duff & Phelps Holdings Corporation, Corporate Parent Duff & Phelps MidCo Corporation, Corporate Parent Deerfield TopCo LLC, Corporate Parent D&P US Holding Corporation, Corporate Parent Delta Buyer, Inc. for Kroll HoldCo, LLC, Kroll, LLC. Document filed by Kroll HoldCo, LLC, Kroll, LLC..(Elkin, Michael) (Entered: 11/02/2021)

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  • 11/02/2021
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  • Docket(#2) CIVIL COVER SHEET filed..(Elkin, Michael) (Entered: 11/02/2021)

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  • 11/02/2021
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  • Docket(#1) COMPLAINT against K2 Integrity Holdings, Inc., K2 Intelligence, LLC, Jules Kroll. (Filing Fee $ 402.00, Receipt Number ANYSDC-25280044)Document filed by Kroll, LLC, Kroll HoldCo, LLC..(Elkin, Michael) (Entered: 11/02/2021)

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