This case was last updated from U.S. District Courts on 12/03/2019 at 07:58:14 (UTC).

Sauer Brands, Inc. v. Duke Sandwich Productions, Inc. et al

Case Summary

On 10/04/2019 Sauer Brands, Inc filed an Intellectual Property - Trademark lawsuit against Duke Sandwich Productions, Inc. This case was filed in U.S. District Courts, North Carolina Western District. The Judges overseeing this case are Frank D. Whitney and David S. Cayer. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:19-CV-00508

  • Filing Date:

    10/04/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

Judge Details

Presiding Judge

Frank D. Whitney

Referral Judge

David S. Cayer

 

Party Details

Plaintiffs

Sauer Brands, Inc. a/k/a DUKE'S

Sauer Brands, Inc.

Duke

Defendants

Duke Sandwich Productions, Inc.

Duke Brands

DFP Sandwich Shops, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Robert Ashley Muckenfuss

Attorney at McGuireWoods LLP

P.O. Box 31247

Charlotte, NC 28231

Lucy Jewett Wheatley

Attorney at McGuireWoods, LLP

800 East Canal Street

Richmond, VA 23219

Amanda L. DeFord

Attorney at McGuireWoods, LLP

800 East Canal Street

Richmond, VA 23219

Defendant Attorneys

Jacob Steven Wharton

Attorney at Womble Bond Dickinson (US) LLP

One West Fourth Street

Winston Salem, NC 27101

John D. Wooten, IV

Attorney at Womble Bond Dickinson LLP

300 N Greene Street, Suite 1900

Greensboro, NC 27401

Pressly M. Millen

Attorney at Womble Bond Dickinson (US) LLP

555 Fayetteville St., Suite 1100, P. O. Box 831 (27602)

Raleigh, NC 27601

 

Court Documents

17 #1

Proposed Order

#17

16 #1

Affidavit Declaration of Andrew Smart.

#16

#15

#14

#13

6 #1

Exhibit A Acceptance of Service

#6

5 #1

Complaint

#5

4 #2

Summons

4 #1

Summons

#4

#3

#2

1 #10

Exhibit Representative Example of Actual Confusion

1 #9

Exhibit I Representative Examples of Fame of DUKES branded products

34 More Documents Available

 

Docket Entries

  • 11/21/2019
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  • TEXT-ONLY ORDER granting #17 Motion for Extension of Time to File Response/Reply re #15 MOTION to Dismiss or, in the Alternative, to Transfer. Responses due by 12/6/2019. So Ordered. Entered by Magistrate Judge David S. Cayer on 11/21/2019. (DLG) (Entered: 11/21/2019)

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  • 11/21/2019
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  • (#17) Consent MOTION for Extension of Time to File Response/Reply re: #15 MOTION to Dismiss or, in the Alternative, to Transfer by Sauer Brands, Inc.. Responses due by 12/5/2019 (Attachments: #1 Proposed Order)(Muckenfuss, Robert). Motions referred to David S. Cayer. (Entered: 11/21/2019)

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  • 11/19/2019
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  • (#16) MEMORANDUM in Support re #15 MOTION to Dismiss or, in the Alternative, to Transfer by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. (Attachments: #1 Affidavit Declaration of Andrew Smart.)(Wharton, Jacob) (Attachment 1 replaced on 11/20/2019) (brj). (Entered: 11/19/2019)

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  • 11/19/2019
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  • (#15) MOTION to Dismiss or, in the Alternative, to Transfer by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 12/3/2019 (Wharton, Jacob) (Entered: 11/19/2019)

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  • 11/19/2019
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  • (#14) NOTICE of Appearance by John D. Wooten, IV on behalf of All Defendants (Wooten, John) (Entered: 11/19/2019)

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  • 10/30/2019
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  • (#13) ORDER granting #12 Motion for Extension of Time to Answer re #1 Complaint. DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc. answer due 11/19/2019. Signed by Magistrate Judge David S. Cayer on 10/29/19. (tob) (Entered: 10/30/2019)

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  • 10/29/2019
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  • (#12) Consent MOTION for Extension of Time to Answer re: #1 Complaint,,,, by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. (Wharton, Jacob). Motions referred to David S. Cayer. (Entered: 10/29/2019)

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  • 10/24/2019
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  • (#11) NOTICE of Appearance by Pressly M. Millen on behalf of All Defendants (Millen, Pressly) (Entered: 10/24/2019)

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  • 10/23/2019
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  • (#10) NOTICE of Appearance by Jacob Steven Wharton on behalf of All Defendants (Wharton, Jacob) (Entered: 10/23/2019)

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  • 10/22/2019
  • Notice to Amanda L. DeFord: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 10/29/2019. (mek) (Entered: 10/22/2019)

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2 More Docket Entries
  • 10/18/2019
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  • (#8) MOTION for Leave to Appear Pro Hac Vice as to Amanda L. DeFord Filing fee $ 281, receipt number 0419-4226420. by Sauer Brands, Inc.. (Attachments: #1 Proposed Order)(Muckenfuss, Robert). Motions referred to David S. Cayer. (Entered: 10/18/2019)

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  • 10/18/2019
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  • (#7) MOTION for Leave to Appear Pro Hac Vice as to Lucy Jewett Wheatley Filing fee $ 281, receipt number 0419-4226395. by Sauer Brands, Inc.. (Attachments: #1 Exhibit A Court Admissions for Lucy Jewett Wheatley, #2 Proposed Order)(Muckenfuss, Robert). Motions referred to David S. Cayer. (Entered: 10/18/2019)

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  • 10/11/2019
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  • (#6) AFFIDAVIT of Service filed by Sauer Brands, Inc.. DFP Sandwich Shops, LLC served on 10/8/2019, answer due 10/29/2019; Duke Brands served on 10/8/2019, answer due 10/29/2019; Duke Sandwich Productions, Inc. served on 10/8/2019, answer due 10/29/2019. (Attachments: #1 Exhibit A Acceptance of Service)(Muckenfuss, Robert) (Entered: 10/11/2019)

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  • 10/07/2019
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  • (#5) REPORT on the Filing of an action regarding patent and/or trademark numbers contained in complaint. (Attachments: #1 Complaint) (eef) (Entered: 10/07/2019)

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  • 10/07/2019
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  • (#4) Summons Issued Electronically as to DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: #1 Summons, #2 Summons)(eef) (Entered: 10/07/2019)

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  • 10/07/2019
  • Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (eef) (Entered: 10/07/2019)

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  • 10/07/2019
  • Case assigned to Chief Judge Frank D. Whitney and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(eef) (Entered: 10/07/2019)

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  • 10/04/2019
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  • (#3) Corporate Disclosure Statement by Sauer Brands, Inc. a/k/a DUKE'S (Muckenfuss, Robert) (Entered: 10/04/2019)

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  • 10/04/2019
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  • (#2) Exhibit by Sauer Brands, Inc. a/k/a DUKE'S. Exhibit to #1 Complaint,,,, Civil Coversheet (Muckenfuss, Robert) (Entered: 10/04/2019)

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  • 10/04/2019
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  • (#1) COMPLAINT against DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc. with Jury Demand ( Filing fee $ 400 receipt number 0419-4208928), filed by Sauer Brands, Inc. a/k/a DUKE'S. (Attachments: #1 Exhibit A Photographs of Infringing Products Purchased in Charlotte North Carolina, #2 Exhibit B 1929 Bill of Sale, #3 Exhibit C Representative Examples of DUKES Marks, #4 Exhibit D Certificates of Registration for the DUKES Marks, #5 Exhibit E Certificates of Registration for the DUKES Marks, #6 Exhibit F Certificates of Registration for the DUKES Marks, #7 Exhibit G Certificates of Registration for the DUKES Marks, #8 Exhibit H Certificates of Registration for the DUKES Marks, #9 Exhibit I Representative Examples of Fame of DUKES branded products, #10 Exhibit Representative Example of Actual Confusion, #11 Exhibit K Screen Shots from Duke's History subpage, #12 Exhibit L Screen Shots from 100 Years Subpage)(Muckenfuss, Robert) (Entered: 10/04/2019)

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