This case was last updated from PACER on 04/05/2021 at 09:12:24 (UTC).

Pharmavite LLC v. Netbus Inc

Case Summary

On 02/04/2021 Pharmavite LLC filed an Intellectual Property - Trademark lawsuit against Netbus Inc. This case was filed in U.S. District Courts, South Carolina District. The Judge overseeing this case is J Michelle Childs. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    0:21-CV-00361

  • Filing Date:

    02/04/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

  • Courthouse:

    South Carolina District

Judge Details

Presiding Judge

J Michelle Childs

 

Party Details

Plaintiff

Pharmavite LLC

Defendant

Netbus Inc

Attorney/Law Firm Details

Plaintiff Attorney

Catherine Farrell Wrenn

Attorney at Womble Bond Dickinson US LLP

Po Box 10208, 550 S Main Street, Suite 400

Greenville, SC 29601

Defendant Attorneys

Kamran Fattahi

Attorney at Law Offices of Kamran Fattahi

15303 Ventura Boulevard, Suite 900

Sherman Oaks, CA 91403

Chadwick S Devlin

Attorney at Nelson Mullins Riley and Scarborough LLP (Cola)

Meridian Building, 17Th Floor, 1320 Main Street

Columbia, SC 29201

Craig N Killen

Attorney at Nelson Mullins Riley and Scarborough - Char

301 South College Street, 23Rd Floor

Charlotte, NC 28202

 

Court Documents

20 #1

Exhibit A -- Kamran Fattahi Declaration

#20

(#20) REPLY to Response to Motion re #10 MOTION to Stay re #7 MOTION for Preliminary Injunction Response filed by Netbus Inc. (Attachments: #1 Exhibit A -- Kamran Fattahi Declaration)(Devlin, Chadwick) (Entered: 03/23/2021)

10 #2

Exhibit B-Netbus' Responses to Requests for Admission

10 #1

Exhibit A-Netbus' Interrogatory Responses

#10

(#10) MOTION to Stay re #7 MOTION for Preliminary Injunction by Netbus Inc. Response to Motion due by 3/16/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A-Netbus' Interrogatory Responses, #2 Exhibit B-Netbus' Responses to Requests for Admission)No proposed order.(Devlin, Chadwick) (Entered: 03/02/2021)

7 #15

Exhibit B-11 - Defendant BBB Profile

7 #14

Exhibit B-10 - Defendant First Use

7 #13

Exhibit B-9 - PHV Press Release

7 #12

Exhibit B-8 - PHV Press Release

7 #11

Exhibit B-7 - Feed the Children Press Release

7 #10

Exhibit B-6 - NYT Article

7 #9

Exhibit B-5 - Hello Kato Article

7 #8

Exhibit B-4 - InMarket Case Study

7 #7

Exhibit B-3 - Best of Articles

7 #6

Exhibit B-2 - Google Search Results

7 #5

Exhibit B-1 - TESS Search Results

7 #4

Exhibit B - Kim Declaration

#7

(#7) MOTION for Preliminary Injunction by Pharmavite LLC. Response to Motion due by 3/9/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A - Hoffman Declaration, #3 Exhibit A-1 - Brand Survey 2020, #4 Exhibit B - Kim Declaration, #5 Exhibit B-1 - TESS Search Results, #6 Exhibit B-2 - Google Search Results, #7 Exhibit B-3 - Best of Articles, #8 Exhibit B-4 - InMarket Case Study, #9 Exhibit B-5 - Hello Kato Article, #10 Exhibit B-6 - NYT Article, #11 Exhibit B-7 - Feed the Children Press Release, #12 Exhibit B-8 - PHV Press Release, #13 Exhibit B-9 - PHV Press Release, #14 Exhibit B-10 - Defendant First Use, #15 Exhibit B-11 - Defendant BBB Profile, #16 Exhibit B-12 - United Naturals, #17 Exhibit B-13 - Defendant FB Ad Library, #18 Exhibit B-14 - Parties Respective Goods, #19 Exhibit B-15 - Parties Twitter, #20 Exhibit B-16 - Parties Instagram, #21 Exhibit B-17 - Parties IG Post, #22 Exhibit B-18 - Plaintiff BBB Profile)No proposed order.(Wrenn, Catherine) (Entered: 02/23/2021)

101 More Documents Available

 

Docket Entries

  • 03/23/2021
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  • Docket(#20) REPLY to Response to Motion re #10 MOTION to Stay re #7 MOTION for Preliminary Injunction Response filed by Netbus Inc. (Attachments: #1 Exhibit A -- Kamran Fattahi Declaration)(Devlin, Chadwick) (Entered: 03/23/2021)

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  • 03/19/2021
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  • Docket(#19) REPLY to Response to Motion re #7 MOTION for Preliminary Injunction Response filed by Pharmavite LLC. (Wrenn, Catherine) (Entered: 03/19/2021)

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  • 03/19/2021
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  • Docket(#18) REPLY to Response to Motion re #8 MOTION to Dismiss for Improper Venue Response filed by Netbus Inc. (Attachments: #1 Exhibit A -- Supplemental Declaration of Kartik Chandrasekaran, #2 Exhibit B -- LinkedIn Profiles for Pharmavite and Leadership, #3 Exhibit C -- Pharmavite PACER Results)(Devlin, Chadwick) (Entered: 03/19/2021)

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  • 03/16/2021
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  • Docket(#17) RESPONSE in Opposition re #10 MOTION to Stay re #7 MOTION for Preliminary Injunction Response filed by Pharmavite LLC.Reply to Response to Motion due by 3/23/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Addendum Bromaghim Declaration in Support of Plaintiff's Response in Opposition to Defendant's Motion to Stay, #2 Exhibit A to Bromaghim Declaration - Domain Report, #3 Exhibit B to Bromaghim Declaration - Wayback-NatureMDcom)(Wrenn, Catherine) (Entered: 03/16/2021)

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  • 03/13/2021
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  • Docket(#16) Additional Attachments to Main Document #14 Response in Opposition to Motion,. First attachment description: Attachment B to Memo of Opp -- Kartik Chandrasekaran Declaration . (Devlin, Chadwick) (Entered: 03/13/2021)

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  • 03/13/2021
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  • Docket(#15) Additional Attachments to Main Document #14 Response in Opposition to Motion,. First attachment description: Attachment A to Memo of Opposition -- Kamran Fattahi Declaration . (Attachments: #1 Exhibit A to Fattahi Declaration -- Cent Dist of Cali Docket Report, #2 Exhibit B to Fattahi Declaration -- Cent Dist of Cali Complaint and Exhibits, #3 Exhibit C to Fattahi Declaration -- NatureMD.com Webpages, #4 Exhibit D to Fattahi Declaration -- NatureM.D. Product Packaging, #5 Exhibit E to Fattahi Declaration -- TESS Records -- Merriam-Webster Definition, #6 Exhibit F to Fattahi Declaration -- NATURE Variations, #7 Exhibit G to Fattahi Declaration -- TESS Records -- MADE, #8 Exhibit H to Fattahi Declaration -- Third-Party Use of Marks (Part I), #9 Exhibit H to Fattahi Declaration -- Third-Party Use of Marks (Part II), #10 Exhibit I to Fattahi Declaration -- TESS Records -- NaturalMed, #11 Exhibit J to Fattahi Declaration -- TESS Records -- MADE BY NATURE, BACKED BY SCIENCE, #12 Exhibit K to Fattahi Declaration -- Third-Party Photographs, #13 Exhibit K to Fattahi Declaration -- Third-Party Claims Regarding Pharmavite, #14 Exhibit M to Fattahi Declaration -- Instagram -- NatureM.D. Products, #15 Exhibit N to Fattahi Declaration -- Facebook -- NatureM.D. Products (Part I), #16 Exhibit N to Fattahi Declaration -- Facebook -- NatureM.D. Products (Part II), #17 Exhibit O to Fattahi Declaration -- About Dr. Pedre Webpage, #18 Exhibit P to Fattahi Declaration -- Our Pursuit Webpage, #19 Exhibit Q to Fattahi Declaration -- FAQ)(Devlin, Chadwick) (Entered: 03/13/2021)

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  • 03/12/2021
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  • Docket(#14) RESPONSE in Opposition re #7 MOTION for Preliminary Injunction Response filed by Netbus Inc.Reply to Response to Motion due by 3/19/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Devlin, Chadwick) additional attachments #15 , #16 added on 3/13/2021 (asni, ). (Entered: 03/12/2021)

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  • 03/12/2021
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  • Docket(#13) RESPONSE in Opposition re #8 MOTION to Dismiss for Improper Venue Response filed by Pharmavite LLC.Reply to Response to Motion due by 3/19/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents Declaration of Peter Bromaghim, #2 Exhibit A - to Declaration of Peter Bromaghim - NATURE MD - Contact Shot 2, #3 Exhibit B - to Declaration of Peter Bromaghim - 113025 - NatureMD - 5 Contact shot 1, #4 Exhibit C - to Declaration of Peter Bromaghim - 113025 - NatureMD - 3 label, #5 Exhibit D- to Declaration of Peter Bromaghim - GutConnect 365 and checkout, #6 Exhibit E -to Declaration of Peter Bromaghim - Ebay Product, #7 Exhibit F - to Declaration of Peter Bromaghim - NatureMD BBB Profile, #8 Exhibit G - to Declaration of Peter Bromaghim -UNITED NATURALS, #9 Exhibit H -to Declaration of Peter Bromaghim - Netbus dba United Naturals priv policy, #10 Exhibit I - to Declaration of Peter Bromaghim - Email - IPDPowerPoint, #11 Exhibit J - to Declaration of Peter Bromaghim - IPD Forms, #12 Exhibit K - to Declaration of Peter Bromaghim - 2020-05-07 TM Application, #13 Exhibit L -to Declaration of Peter Bromaghim - Netbus TM registrations (examples), #14 Exhibit M - to Declaration of Peter Bromaghim - 14 Cody Low LinkedIn, #15 Exhibit N -to Declaration of Peter Bromaghim - Cody Low Address SEC FORM D-1, #16 Exhibit O -to Declaration of Peter Bromaghim - LinkedIn- Douglas Lauer, #17 Exhibit P -to Declaration of Peter Bromaghim - Cal SOS Business Search - Netbus, #18 Exhibit Q - to Declaration of Peter Bromaghim - Netbus, Inc. Company Report, #19 Exhibit R - to Declaration of Peter Bromaghim - UPS Store No. 4838, #20 Exhibit S - to Declaration of Peter Bromaghim - NatureMD FAQ, #21 Exhibit T - to Declaration of Peter Bromaghim - Google Maps Satellite View - UPS Store, #22 Exhibit U - to Declaration of Peter Bromaghim - Kartik Chandrasekaran background report)(Wrenn, Catherine) (Entered: 03/12/2021)

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  • 03/04/2021
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  • Docket(#12) TEXT ORDER granting #11 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 3/4/2021.(asni, ) (Entered: 03/04/2021)

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  • 03/03/2021
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  • Docket(#11) MOTION to Appear Pro Hac Vice by Kamran Fattahi ( Filing fee $ 350 receipt number 0420-9686317) by Netbus Inc. Response to Motion due by 3/17/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A-Application and Affidavit for Pro Hac Admission, #2 Exhibit B-Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Devlin, Chadwick) (Entered: 03/03/2021)

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  • 03/02/2021
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  • Docket(#10) MOTION to Stay re #7 MOTION for Preliminary Injunction by Netbus Inc. Response to Motion due by 3/16/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A-Netbus' Interrogatory Responses, #2 Exhibit B-Netbus' Responses to Requests for Admission)No proposed order.(Devlin, Chadwick) (Entered: 03/02/2021)

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  • 03/01/2021
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  • Docket(#9) NOTICE of Appearance by Craig N Killen on behalf of Netbus Inc (Killen, Craig) (Entered: 03/01/2021)

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  • 02/26/2021
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  • Docket(#8) MOTION to Dismiss for Improper Venue by Netbus Inc. Response to Motion due by 3/12/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Central District of California Complaint and Exhibits, #2 Exhibit B - Chandrasekaran Declaration)No proposed order.(Devlin, Chadwick) (Entered: 02/26/2021)

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  • 02/23/2021
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  • Docket(#7) MOTION for Preliminary Injunction by Pharmavite LLC. Response to Motion due by 3/9/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A - Hoffman Declaration, #3 Exhibit A-1 - Brand Survey 2020, #4 Exhibit B - Kim Declaration, #5 Exhibit B-1 - TESS Search Results, #6 Exhibit B-2 - Google Search Results, #7 Exhibit B-3 - Best of Articles, #8 Exhibit B-4 - InMarket Case Study, #9 Exhibit B-5 - Hello Kato Article, #10 Exhibit B-6 - NYT Article, #11 Exhibit B-7 - Feed the Children Press Release, #12 Exhibit B-8 - PHV Press Release, #13 Exhibit B-9 - PHV Press Release, #14 Exhibit B-10 - Defendant First Use, #15 Exhibit B-11 - Defendant BBB Profile, #16 Exhibit B-12 - United Naturals, #17 Exhibit B-13 - Defendant FB Ad Library, #18 Exhibit B-14 - Parties Respective Goods, #19 Exhibit B-15 - Parties Twitter, #20 Exhibit B-16 - Parties Instagram, #21 Exhibit B-17 - Parties IG Post, #22 Exhibit B-18 - Plaintiff BBB Profile)No proposed order.(Wrenn, Catherine) (Entered: 02/23/2021)

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  • 02/10/2021
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  • Docket(#6) SUMMONS Returned Executed by Pharmavite LLC. Netbus Inc served on 2/9/2021, answer due 3/2/2021. (Attachments: #1 Exhibit 1 Affidavit of Service) refiled by the clerk to correct event type. (asni, ) (Entered: 02/10/2021)

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  • 02/05/2021
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  • Docket(#5) Summons Issued as to Netbus Inc. (asni, ) (Entered: 02/05/2021)

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  • 02/05/2021
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  • Docket(#4) Report on the Filing or Determination of an Action or Appeal Regarding a Patent or Trademark. (asni, ) (Entered: 02/05/2021)

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  • 02/04/2021
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  • Docket(#2) Local Rule 26.01 Answers to Interrogatories by Pharmavite LLC.(asni, ) (Entered: 02/05/2021)

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  • 02/04/2021
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  • Docket(#1) COMPLAINT against Netbus Inc ( Filing fee $ 402 receipt number 0420-9631839.), filed by Pharmavite LLC. Service due by 5/5/2021 (Attachments: #1 Exhibit A - Netbus Application, #2 Exhibit B - Netbus Website, #3 Exhibit C - Plaintiff Registrations, #4 Exhibit D - Notice of Opposition, #5 Exhibit E - Responses to Interrogatories, #6 Exhibit F - Responses to RFA, #7 Appendix Verification)(asni, ) (Entered: 02/05/2021)

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