This case was last updated from U.S. District Courts on 09/13/2022 at 10:18:50 (UTC).

TSR LLC v. Wizards of the Coast LLC

Case Summary

On December 29, 2021, TSR LLC (“TSR”), represented by Dayna J. Christian of Immix Law Group PC and Russell D. Nugent of The Humphries Law Firm PC, filed an intellectual property lawsuit against Wizards of the Coast LLC (“Defendant”), seeking declaratory judgment for the defendant’s alleged lack of proof of ownership of trademarks and copyrights and non-infringement by Plaintiff. This case was filed in the U.S. District Court for the Western District of Washington, with Judge S. Kate Vaughan presiding.

In the complaint, the plaintiff stated, “TSR has applied to register the letters, words, and images used in the Marks at Issue as trademarks with the United States Patent and Trademark Office (‘USPTO’) for use with tabletop role playing games and accessories. TSR, Inc. was a Wisconsin corporation that owned the rights to a number of trademarks used in association with tabletop role playing games.”

The plaintiff alleged, “Defendant did not maintain or apply for trademark registrations for any of the Marks at Issue after allegedly acquiring the ownership rights in 1997; rather, TSR, Inc. had already abandoned some of these registrations, and Defendant abandoned the two registrations for which assignments were recorded naming Defendant as assignee. Upon information and belief, Defendant stopped manufacturing and selling several of the products previously sold and distributed through TSR, Inc. Despite not maintaining the registrations for the Marks at Issue or putting them into use in interstate commerce, Defendant has continued to assert ownership of the Marks at Issue and repeatedly ordered TSR to stop registering, using, and/or promoting the Marks at Issue.”

The plaintiff further alleged, “Despite repeated requests from TSR, Defendant has failed to provide any evidence that it owns the copyrights to the images incorporated into the Marks at Issue. Rather, Defendant filed a cancellation proceeding (Cancellation Proceeding Number 92078589) on December 6, 2021 asking the Trademark Trial and Appeal Board of the USPTO to cancel a single registration for one of the Marks at Issue.”

The plaintiff also alleged, “In view of the foregoing and because Defendant has repeatedly ordered TSR to stop registering, using, and/or promoting the Marks at Issue and taken the position that TSR’s behavior constitutes trademark and copyright infringement, TSR seeks a declaration that the copyrights and trademark rights to the Marks at Issue are not owned by Defendant.”

The plaintiff presented two claims for relief, including claims for declaratory judgment for the alleged lack of ownership of trademark and copyright.

In the prayer for relief, the plaintiff requested a judgment in favour of TSR and against Defendant according to the declaratory relief sought along with an award of costs and fees, including but not limited to TSR’s reasonable attorneys’ fees.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-01705

  • Filing Date:

    12/29/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

Judge Details

Presiding Judge

S. Kate Vaughan

 

Party Details

Plaintiffs and Counter Defendants

TSR LLC

Justin LaNasa

Dungeon Hobby Shop Museum LLC

Defendant and Counter Claimant

Wizards of the Coast LLC

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Russell D Nugent

Dayna J. Christian

Defendant and Counter Claimant Attorneys

Eric Franz

Lauren Burdette Rainwater

MaryAnn T Almeida

Rose McCarty

Stuart R. Dunwoody

 

Court Documents

#33

(#33) DECLARATION of Elizabeth M. Schuh filed by Counter Claimant Wizards of the Coast LLC, Defendant Wizards of the Coast LLC re #31 MOTION for Preliminary Injunction (Rainwater, Lauren) (Entered: 09/08/2022)

#32

(#32) DECLARATION of Lauren Rainwater filed by Counter Claimant Wizards of the Coast LLC, Defendant Wizards of the Coast LLC re #31 MOTION for Preliminary Injunction (Rainwater, Lauren) (Entered: 09/08/2022)

31 #1

Proposed Order

#31

(#31) MOTION for Preliminary Injunction , filed by Counter Claimant Wizards of the Coast LLC, Defendant Wizards of the Coast LLC. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 9/30/2022, (Rainwater, Lauren) (Entered: 09/08/2022)

#30

(#30) NOTICE of Appearance by attorney Rose McCarty on behalf of Counter Claimant Wizards of the Coast LLC, Defendant Wizards of the Coast LLC. (McCarty, Rose) (Entered: 09/08/2022)

#29

(#29) ORDER by Hon. S. Kate Vaughan, re #28 Stipulation Regarding Discovery of Electronically Stored Information. (SNP) (Entered: 06/17/2022)

#28

(#28) PROPOSED ORDER (Unsigned) STIPULATION REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION (Christian, Dayna) (Entered: 06/16/2022)

26 #1

Proposed Order

#26

(#26) Stipulated MOTION for Protective Order , filed by Counter Defendants Dungeon Hobby Shop Museum LLC, Justin LaNasa, TSR LLC, Plaintiff TSR LLC. (Attachments: #1 Proposed Order) Noting Date 6/14/2022, (Christian, Dayna) (Entered: 06/14/2022)

#8

(#8) CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Hasbro, Inc. for Wizards of the Coast LLC. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Wizards of the Coast LLC (Dunwoody, Stuart) (Entered: 01/06/2022)

#7

(#7) NOTICE of Appearance by attorney Stuart R. Dunwoody on behalf of Defendant Wizards of the Coast LLC. (Dunwoody, Stuart) (Entered: 01/05/2022)

#6

(#6) CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by TSR LLC (Christian, Dayna) (Entered: 01/03/2022)

#5

(#5) WAIVER OF SERVICE of Summons upon defendant Wizards of the Coast LLC mailed on 1/3/2022 (Christian, Dayna) (Entered: 01/03/2022)

#4

(#4) DEMAND for JURY TRIAL by Plaintiff TSR LLC (Christian, Dayna) (Entered: 12/30/2021)

#3

(#3) Notice of Filing Deficiency re #1 Complaint. ***Action Required*** Jury Demand Improperly Indicated.See attached letter for more information and instructions. (ST) (Entered: 12/30/2021)

#2

(#2) Notice of Filing Deficiency re #1 Complaint. ***Action Required*** Copyright/Patent/Trademark Forms Omitted.See attached letter for more information and instructions. (ST) (Entered: 12/30/2021)

1 #1

Civil Cover Sheet

1 #1

Main Document

25 More Documents Available
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Docket Entries

  • 09/08/2022
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  • Docket(#33) DECLARATION of Elizabeth M. Schuh filed by Counter Claimant Wizards of the Coast LLC, Defendant Wizards of the Coast LLC re #31 MOTION for Preliminary Injunction (Rainwater, Lauren) (Entered: 09/08/2022)

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  • 09/08/2022
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  • Docket(#32) DECLARATION of Lauren Rainwater filed by Counter Claimant Wizards of the Coast LLC, Defendant Wizards of the Coast LLC re #31 MOTION for Preliminary Injunction (Rainwater, Lauren) (Entered: 09/08/2022)

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  • 09/08/2022
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  • Docket(#31) MOTION for Preliminary Injunction , filed by Counter Claimant Wizards of the Coast LLC, Defendant Wizards of the Coast LLC. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 9/30/2022, (Rainwater, Lauren) (Entered: 09/08/2022)

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  • 09/08/2022
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  • Docket(#30) NOTICE of Appearance by attorney Rose McCarty on behalf of Counter Claimant Wizards of the Coast LLC, Defendant Wizards of the Coast LLC. (McCarty, Rose) (Entered: 09/08/2022)

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  • 06/17/2022
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  • Docket(#29) ORDER by Hon. S. Kate Vaughan, re #28 Stipulation Regarding Discovery of Electronically Stored Information. (SNP) (Entered: 06/17/2022)

    [+] Read More [-] Read Less
  • 06/16/2022
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  • Docket(#28) PROPOSED ORDER (Unsigned) STIPULATION REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION (Christian, Dayna) (Entered: 06/16/2022)

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  • 06/15/2022
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  • Docket(#27) STIPULATED PROTECTIVE ORDER by Hon. S. Kate Vaughan, re #26 Stipulated MOTION for Protective Order. (SNP) (Entered: 06/15/2022)

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  • 06/14/2022
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  • Docket(#26) Stipulated MOTION for Protective Order , filed by Counter Defendants Dungeon Hobby Shop Museum LLC, Justin LaNasa, TSR LLC, Plaintiff TSR LLC. (Attachments: #1 Proposed Order) Noting Date 6/14/2022, (Christian, Dayna) (Entered: 06/14/2022)

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  • 05/20/2022
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  • Docket(#25) ORDER SETTING TRIAL DATE AND RELATED DATES by Hon. S. Kate Vaughan: Jury Trial is set for 10/16/2023 at 09:00 AM in Courtroom 12A before Hon. S. Kate Vaughan. Joinder of Parties due by 8/15/2022, Amended Pleadings due by 9/15/2022, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/17/2023, Rebuttal Expert Disclosure/Reports due by 5/8/2023, Motions due by 5/16/2023, Discovery completed by 6/16/2023, Dispositive motions due by 7/17/2023, Settlement Conference to be held or completed by 8/16/2023, 39.1 Mediation held no later than 9/18/2023, Motions in Limine due by 9/18/2023, Pretrial Order due by 10/4/2023, Trial briefs/Proposed voir dire/jury instructions due by 10/9/2023. Pretrial Conference set for 10/11/2023 at 09:30 AM in Courtroom 12A before Hon. S. Kate Vaughan. (SNP) (Entered: 05/20/2022)

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  • 05/17/2022
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  • Docket(#24) JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 5. Filed by Counter Defendants Dungeon Hobby Shop Museum LLC, Justin LaNasa, TSR LLC, Plaintiff TSR LLC.(Christian, Dayna) (Entered: 05/17/2022)

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15 More Docket Entries
  • 01/06/2022
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  • Docket(#8) CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Hasbro, Inc. for Wizards of the Coast LLC. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Wizards of the Coast LLC (Dunwoody, Stuart) (Entered: 01/06/2022)

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  • 01/05/2022
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  • Docket(#7) NOTICE of Appearance by attorney Stuart R. Dunwoody on behalf of Defendant Wizards of the Coast LLC. (Dunwoody, Stuart) (Entered: 01/05/2022)

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  • 01/03/2022
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  • Docket(#6) CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by TSR LLC (Christian, Dayna) (Entered: 01/03/2022)

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  • 01/03/2022
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  • Docket(#5) WAIVER OF SERVICE of Summons upon defendant Wizards of the Coast LLC mailed on 1/3/2022 (Christian, Dayna) (Entered: 01/03/2022)

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  • 12/30/2021
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  • Docket(#4) DEMAND for JURY TRIAL by Plaintiff TSR LLC (Christian, Dayna) (Entered: 12/30/2021)

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  • 12/30/2021
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  • Docket(#3) Notice of Filing Deficiency re #1 Complaint. ***Action Required*** Jury Demand Improperly Indicated.See attached letter for more information and instructions. (ST) (Entered: 12/30/2021)

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  • 12/30/2021
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  • Docket(#2) Notice of Filing Deficiency re #1 Complaint. ***Action Required*** Copyright/Patent/Trademark Forms Omitted.See attached letter for more information and instructions. (ST) (Entered: 12/30/2021)

    [+] Read More [-] Read Less
  • 12/30/2021

  • DocketNOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s) must file a Corporate Disclosure Statement by 1/6/2022. (ST) (Entered: 12/30/2021)

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  • 12/30/2021

  • DocketHon. S. Kate Vaughan added. (ST) (Entered: 12/30/2021)

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  • 12/29/2021
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  • Docket(#1) COMPLAINT FOR DECLARATORY JUDGMENT against defendant(s) Wizards of the Coast LLC with JURY DEMAND (Receipt # AWAWDC-7386188) Attorney Dayna J. Christian added to party TSR LLC(pty:pla), filed by TSR LLC. (Attachments: #1 Civil Cover Sheet)(Christian, Dayna) Modified on 12/30/2021. Jury Demand stricken as it was not properly noted on complaint. (ST) (Entered: 12/29/2021)

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