This case was last updated from U.S. District Courts on 06/18/2021 at 12:33:00 (UTC).

VICTORY'S DAWN, INC. et al v. CLEMONS et al

Case Summary

On 04/19/2021 VICTORY'S DAWN, INC filed an Intellectual Property - Trademark lawsuit against CLEMONS. This case was filed in U.S. District Courts, New Jersey District. The Judges overseeing this case are Michael A. Shipp and Tonianne J. Bongiovanni. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-09744

  • Filing Date:

    04/19/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

  • Courthouse:

    New Jersey District

Judge Details

Presiding Judge

Michael A. Shipp

Referral Judge

Tonianne J. Bongiovanni

 

Party Details

Plaintiffs

GAYLE MORRISON AND WILLIAM M. CLEMONS, JR., AS TRUSTEES OF THE FIFTH AMENDED AND RESTATED CLARENCE A. CLEMONS FAMILY REVOCABLE TRUST

VICTORY'S DAWN, INC.

WILLIAM M. CLEMONS, JR.

GAYLE MORRISON

Defendants

CLARENCE ANICHOLAS CLEMONS, III

Neptune City, NJ 07753

BIG MANS WEST LLC

37 North Fullerton Avenue

Monclair, NJ 07402

Attorney/Law Firm Details

Plaintiff Attorney

BRETT VAN BENTHYSEN

Attorney at REITLER KAILAS & ROSENBALT LLP

885 Third Avenue, 20Th Floor

New York, NY 10022

 

Court Documents

26 #3

Exhibit B (Affidavits of Service)

26 #2

Exhibit A (Complaint)

26 #1

Declaration of Brett Van Benthysen

#26

(#26) Request for Default by WILLIAM M. CLEMONS, JR., GAYLE MORRISON, VICTORY'S DAWN, INC. against Clarence Anicholas Clemons III and Big Mans West LLC. (Attachments: #1 Declaration of Brett Van Benthysen, #2 Exhibit A (Complaint), #3 Exhibit B (Affidavits of Service))(VAN BENTHYSEN, BRETT) (Entered: 06/16/2021)

#25

(#25) ORDER directing the Defendants to file and serve Plaintiffs with a sworn statement setting forth in detail the manner in which Defendants have complied with this injunction, including an affidavit attesting that Defendants have destroyed all unauthorized products and advertisements in their possession under their control bearing any of the BIG MAN Marks, other Clemons Indicia, or any simulation, reproduction, counterfeit, copy or colorable imitation thereof, and all plates, molds, matrices and other means of production of same within 7 days of being served with this Order. Signed by Judge Michael A. Shipp on 5/14/2021. (jmh) (Entered: 05/24/2021)

24 #1

Text of Proposed Order

#24

(#24) Letter from Brett Van Benthysen re 23 Order,. (Attachments: #1 Text of Proposed Order)(VAN BENTHYSEN, BRETT) (Entered: 05/21/2021)

#22

(#22) Proposed Order by WILLIAM M. CLEMONS, JR., GAYLE MORRISON, VICTORY'S DAWN, INC. re #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order . (VAN BENTHYSEN, BRETT) (Entered: 05/13/2021)

2 #4

Declaration of Brett Van Benthysen

1 #8

Exhibit H

1 #7

Exhibit G

1 #6

Exhibit F

1 #5

Exhibit E

1 #4

Exhibit D

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

#1

(#1) COMPLAINT against BIG MANS WEST LLC, CLARENCE ANICHOLAS CLEMONS, III ( Filing and Admin fee $ 402 receipt number ANJDC-12386961) with JURY DEMAND, filed by VICTORY'S DAWN, INC., GAYLE MORRISON AND WILLIAM M. CLEMONS, JR., AS TRUSTEES OF THE FIFTH AMENDED AND RESTATED CLARENCE A. CLEMONS FAMILY REVOCABLE TRUST. (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 Civil Cover Sheet)(VAN BENTHYSEN, BRETT) (Entered: 04/19/2021)

41 More Documents Available

 

Docket Entries

  • 06/16/2021
  • DocketClerk's ENTRY OF DEFAULT as to CLARENCE ANICHOLAS CLEMONS, III and BIG MANS WEST LLC for failure to plead or otherwise defend. (jdb) (Entered: 06/16/2021)

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  • 06/16/2021
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  • Docket(#26) Request for Default by WILLIAM M. CLEMONS, JR., GAYLE MORRISON, VICTORY'S DAWN, INC. against Clarence Anicholas Clemons III and Big Mans West LLC. (Attachments: #1 Declaration of Brett Van Benthysen, #2 Exhibit A (Complaint), #3 Exhibit B (Affidavits of Service))(VAN BENTHYSEN, BRETT) (Entered: 06/16/2021)

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  • 05/24/2021
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  • Docket(#25) ORDER directing the Defendants to file and serve Plaintiffs with a sworn statement setting forth in detail the manner in which Defendants have complied with this injunction, including an affidavit attesting that Defendants have destroyed all unauthorized products and advertisements in their possession under their control bearing any of the BIG MAN Marks, other Clemons Indicia, or any simulation, reproduction, counterfeit, copy or colorable imitation thereof, and all plates, molds, matrices and other means of production of same within 7 days of being served with this Order. Signed by Judge Michael A. Shipp on 5/14/2021. (jmh) (Entered: 05/24/2021)

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  • 05/21/2021
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  • Docket(#24) Letter from Brett Van Benthysen re 23 Order,. (Attachments: #1 Text of Proposed Order)(VAN BENTHYSEN, BRETT) (Entered: 05/21/2021)

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  • 05/14/2021
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  • Docket(#23) TEXT ORDER: The Court is in receipt of Plaintiffs' proposed order seeking costs and fees in connection with this action. (ECF No. #22 ). By May 21, 2021, Plaintiffs are directed to submit a request for costs and fees that complies with Local Civil Rules 54.1 and/or 54.2. So Ordered by Judge Michael A. Shipp on 5/14/2021. (gxh) (Entered: 05/14/2021)

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  • 05/13/2021
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  • Docket(#22) Proposed Order by WILLIAM M. CLEMONS, JR., GAYLE MORRISON, VICTORY'S DAWN, INC. re #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order . (VAN BENTHYSEN, BRETT) (Entered: 05/13/2021)

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  • 05/13/2021
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  • Docket(#21) CERTIFICATION in Support filed by WILLIAM M. CLEMONS, JR., GAYLE MORRISON, VICTORY'S DAWN, INC. re #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order (Attachments: #1 Exhibit A)(VAN BENTHYSEN, BRETT) (Entered: 05/13/2021)

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  • 05/13/2021
  • DocketPro Hac Vice counsel, ROBERT W. CLARIDA and BRIAN D. CAPLAN, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jdb, ) (Entered: 05/13/2021)

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  • 05/13/2021
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  • Docket(#20) Notice of Request by Pro Hac Vice Brian D. Caplan to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12460034.) (VAN BENTHYSEN, BRETT) (Entered: 05/13/2021)

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  • 05/13/2021
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  • Docket(#19) Notice of Request by Pro Hac Vice Robert W. Clarida to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12460018.) (VAN BENTHYSEN, BRETT) (Entered: 05/13/2021)

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14 More Docket Entries
  • 04/21/2021
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  • Docket(#6) MOTION for Leave to Appear Pro Hac Vice by WILLIAM M. CLEMONS, JR., GAYLE MORRISON, VICTORY'S DAWN, INC.. (Attachments: #1 Certification of Brett Van Benthysen, #2 Certification of applicant Brian D. Caplan, #3 Text of Proposed Order)(VAN BENTHYSEN, BRETT) (Entered: 04/21/2021)

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  • 04/20/2021
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  • DocketSet Deadlines as to #5 MOTION for Leave to Appear Pro Hac Vice . Motion set for 5/17/2021 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#5) MOTION for Leave to Appear Pro Hac Vice by WILLIAM M. CLEMONS, JR., GAYLE MORRISON, VICTORY'S DAWN, INC.. (Attachments: #1 Certification of Brett Van Benthysen, #2 Certification of applicant Robert W. Clarida, #3 Text of Proposed Order)(VAN BENTHYSEN, BRETT) (Entered: 04/20/2021)

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  • 04/20/2021
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  • DocketSet Deadlines as to #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order . Motion set for 5/17/2021 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#4) SUMMONS ISSUED as to BIG MANS WEST LLC, CLARENCE ANICHOLAS CLEMONS, III. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (mg, ) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#3) AO120 Trademark Form filed. (mg) (Entered: 04/20/2021)

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  • 04/20/2021
  • DocketJudge Michael A. Shipp and Magistrate Judge Tonianne J. Bongiovanni added. (mg) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#2) MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by GAYLE MORRISON AND WILLIAM M. CLEMONS, JR., AS TRUSTEES OF THE FIFTH AMENDED AND RESTATED CLARENCE A. CLEMONS FAMILY REVOCABLE TRUST, VICTORY'S DAWN, INC.. (Attachments: #1 Brief, #2 Declaration of Erv Frederick, #3 Declaration of Gayle Morrison, #4 Declaration of Brett Van Benthysen)(VAN BENTHYSEN, BRETT) (Entered: 04/20/2021)

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  • 04/19/2021
  • DocketCLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: This complaint has previously been opened as 3:21-cv-9742. In the event an error is made during the case opening process please call (609)989-2065 or refer to the Attorney Case Opening guide for assistance. DO NOT create a new case. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, ) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#1) COMPLAINT against BIG MANS WEST LLC, CLARENCE ANICHOLAS CLEMONS, III ( Filing and Admin fee $ 402 receipt number ANJDC-12386961) with JURY DEMAND, filed by VICTORY'S DAWN, INC., GAYLE MORRISON AND WILLIAM M. CLEMONS, JR., AS TRUSTEES OF THE FIFTH AMENDED AND RESTATED CLARENCE A. CLEMONS FAMILY REVOCABLE TRUST. (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 Civil Cover Sheet)(VAN BENTHYSEN, BRETT) (Entered: 04/19/2021)

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