2021-1056 - United Trademark Holdings Inc v. Disney Enterprises Inc

Detail

Case Number

2021-1056

Current Status

closed

Cause of Action

N/A

Related Case(s)

N/A

Court

Court of Appeals for the Federal Circuit

Plaintiff(s)

United Trademark Holdings Inc

Defendant(s)

Disney Enterprises Inc

Judge

Elizabeth A. DunnPeter W. CataldoThomas V. Shaw

Filing Date

2020-10-16

Termination Date

2022-02-24

Not a member? Sign up for free!
Dockets
Text
Final Civil Docket 02-24-2022
Initial Civil Docket 10-16-2020
Appeal docketed. Received: 10/13/2020. [729422] Entry of Appearance is due on 10/30/2020. Certificate of Interest is due on 10/30/2020. Docketing Statement is due on 10/30/2020. Certified List is due on 11/25/2020. [KMH] [Entered: 10/16/2020 01:57 PM]
Entry of appearance for David M. Kelly; Linda K. McLeod; Kelu L. Sullivan as counsel for Appellee Disney Enterprises, Inc.. Service: 10/30/2020 by email. [732668] [21-1056] [David Kelly] [Entered: 10/30/2020 04:34 PM]
Certificate of Interest for Appellee Disney Enterprises, Inc.. Service: 10/30/2020 by email. [732671] [21-1056] [Linda McLeod] [Entered: 10/30/2020 04:41 PM]
Docketing Statement for the Appellee Disney Enterprises, Inc.. Service: 10/30/2020 by email. [732697] [21-1056] [Linda McLeod] [Entered: 10/30/2020 05:29 PM]
Certificate of Interest for Appellant United Trademark Holdings, Inc.. Service: 10/30/2020 by email. [732705] [21-1056] [Erik Pelton] [Entered: 10/30/2020 05:51 PM]
Entry of appearance for Erik M. Pelton as counsel for Appellant United Trademark Holdings, Inc.. Service: 10/30/2020 by email. [732706] [21-1056] [Erik Pelton] [Entered: 10/30/2020 05:54 PM]
Docketing Statement for the Appellant United Trademark Holdings, Inc.. Service: 10/30/2020 by email. [732707] [21-1056] [Erik Pelton] [Entered: 10/30/2020 05:55 PM]
Certified list received. Service: 11/25/2020 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [738673] [KMH] [Entered: 11/30/2020 10:48 AM]
MOTION of Appellant United Trademark Holdings, Inc. to extend the time to 03/01/2021 to file brief. Service: 01/19/2021 by email. [750078] [21-1056] [Erik Pelton] [Entered: 01/19/2021 12:23 PM]
**TEXT ONLY** ORDER granting motion to extend time to file brief [9] filed by Appellant United Trademark Holdings, Inc.. The opening brief is due 03/01/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [750416] [KMH] [Entered: 01/21/2021 08:57 AM]
MOTION of Appellant United Trademark Holdings, Inc. to extend the time to 03/31/2021 to file brief. Service: 02/27/2021 by email. [759082] [21-1056] [Erik Pelton] [Entered: 02/27/2021 04:45 PM]
**TEXT ONLY** ORDER granting motion to extend time to file brief [11] filed by Appellant United Trademark Holdings, Inc. The opening brief is due 03/31/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [759421] [KMH] [Entered: 03/02/2021 10:16 AM]
CLERKS OFFICE QUALITY CONTROL MESSAGE: ERROR: Appellants motions, [9], [11], do not include a certificate of compliance or certificate of interest. CORRECTION: For future filings, pursuant to FRAP 32(g), please include a certificate of compliance with the exact word count. Pursuant to FCR 47.4(b), motions must contain a certificate of interest. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [759422] [KMH] [Entered: 03/02/2021 10:20 AM]
MOTION of Appellant United Trademark Holdings, Inc. to extend the time to 04/30/2021 to file brief. Service: 03/27/2021 by email. [765258] [21-1056] This document is non-compliant. See Doc No. [15] [Erik Pelton] [Entered: 03/27/2021 03:13 PM]
NOTICE OF NON-COMPLIANCE: The submission of Appellant United Trademark Holdings, Inc., Motion to extend time [14], is not in compliance with the rules of this court (see attached). Compliant document due on 04/06/2021. Service as of this date by the Clerk of Court. [765721] [KMH] [Entered: 03/30/2021 04:00 PM]
MOTION of Appellant United Trademark Holdings, Inc. to extend the time to 04/30/2021 to file brief. Service: 04/05/2021 by email. [766688] [21-1056] [Erik Pelton] [Entered: 04/05/2021 01:58 PM]
ORDER granting motion to extend time to file brief [16] filed by Appellant. United Trademarks principal brief is due no later than April 30, 2021. Service as of this date by the Clerk of Court. [767327] [LMS] [Entered: 04/07/2021 02:50 PM]
OPENING BRIEF FILED by Appellant United Trademark Holdings, Inc.. Service: 04/29/2021 by email. [772118] [21-1056] This document is non-compliant. See Doc No. [19] [Erik Pelton] [Entered: 04/29/2021 03:14 PM]
NOTICE OF NON-COMPLIANCE: The submission of Appellant United Trademark Holdings, Inc., Opening Brief [18], is not in compliance with the rules of this court (see attached). Compliant document due on 05/17/2021. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [773953] [KMH] [Entered: 05/10/2021 10:31 AM]
MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellant United Trademark Holdings, Inc.. Service: 05/10/2021 by email. [774100] --[Edited 05/12/2021 by KMH - compliance review complete] [Erik Pelton] [Entered: 05/10/2021 03:48 PM]
MOTION of Appellee Disney Enterprises, Inc. to extend the time to 08/09/2021 to file brief. Service: 05/28/2021 by email. [777660] [21-1056] [Linda McLeod] [Entered: 05/28/2021 04:06 PM]
**TEXT ONLY** ORDER granting motion to extend time to file brief [21] filed by Appellee Disney Enterprises, Inc. The response brief is due 08/09/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [777911] [KMH] [Entered: 06/01/2021 04:19 PM]
Notice from Appellee Disney Enterprises, Inc. Notice of Withdrawal of Kelu L. Sullivan. Service: 08/09/2021 by email. [791550] [21-1056] [Kelu Sullivan] [Entered: 08/09/2021 06:10 PM]
Amended Entry of appearance for David M. Kelly; Linda K. McLeod; Jason M. Joyal as counsel for Appellee Disney Enterprises, Inc.. Service: 08/09/2021 by email. [791551] [21-1056] [David Kelly] [Entered: 08/09/2021 06:13 PM]
Letter from Appellee Disney Enterprises, Inc. Rule 25.1(a)(2) letter regarding recipients of Confidential Appellee Brief. Service: 08/09/2021 by email. [791554] [21-1056] [Linda McLeod] [Entered: 08/09/2021 06:20 PM]
MODIFIED ENTRY: CONFIDENTIAL RESPONSE BRIEF FILED by Appellee Disney Enterprises, Inc.. Service: 08/09/2021 by email. [791556]--[Edited 08/11/2021 by KMH - compliance review complete] [Linda McLeod] [Entered: 08/09/2021 06:23 PM]
MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellee Disney Enterprises, Inc.. Service: 08/09/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [791559] --[Edited 08/11/2021 by KMH - compliance review complete] [Linda McLeod] [Entered: 08/09/2021 06:25 PM]
MODIFIED ENTRY: REPLY BRIEF FILED by Appellant United Trademark Holdings, Inc.. Service: 08/30/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [795935] --[Edited 09/01/2021 by KMH - compliance review complete] [Erik Pelton] [Entered: 08/30/2021 12:11 PM]
MOTION of Appellant United Trademark Holdings, Inc. to extend the time to 09/20/2021 to file the appendix. Service: 09/07/2021 by email. [797545] [21-1056] [Erik Pelton] [Entered: 09/07/2021 04:04 PM]
**TEXT ONLY** ORDER granting motion to extend time to file appendix [29] filed by Appellant United Trademark Holdings, Inc. The appendix is due 09/20/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [797779] [KMH] [Entered: 09/08/2021 01:58 PM]
**TEXT ONLY** ORDER granting motion to extend time to file appendix [31] filed by Appellant United Trademark Holdings, Inc. The appendix is due 09/27/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [800885] [KMH] [Entered: 09/21/2021 04:13 PM]
CONFIDENTIAL APPENDIX FILED by Appellant United Trademark Holdings, Inc.. Service: 09/27/2021 by email. [802060] [21-1056] This document is non-compliant. See Doc No.[35] [Erik Pelton] [Entered: 09/27/2021 04:36 PM]
**TEXT ONLY** ORDER granting motion to extend time to file appendix [36] filed by Appellant United Trademark Holdings, Inc. The appendix is due 10/13/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [804349] [KMH] [Entered: 10/07/2021 02:26 PM]
CORRECTED CONFIDENTIAL APPENDIX FILED by Appellant United Trademark Holdings, Inc.. Service: 10/13/2021 by email. [805542] [21-1056] This document is non-compliant. See Doc No. [40] [Erik Pelton] [Entered: 10/13/2021 10:31 PM]
MODIFIED ENTRY: CORRECTED CONFIDENTIAL APPENDIX FILED by Appellant United Trademark Holdings, Inc.. Service: 11/02/2021 by email. [809818]--[Edited 11/15/2021 by KMH - compliance review complete] [Erik Pelton] [Entered: 11/02/2021 07:54 PM]
Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [812147] [KMH] [Entered: 11/15/2021 10:30 AM]
6 paper copies of Doc. No. [26] received from Appellee Disney Enterprises, Inc.. [813167] [VDW] [Entered: 11/17/2021 02:52 PM]
6 paper copies of Doc. No. [42], [28], [18] received from Appellant United Trademark Holdings, Inc.. [813599]. The opening brief paper copies are non-compliant. See Doc. No. [50]. [VDW] [Entered: 11/19/2021 09:19 AM]
The following conflict dates submitted by Erik Pelton for United Trademark Holdings, Inc. have been accepted by the court: 05/02/2022, 05/03/2022, 05/04/2022, 05/05/2022, 05/06/2022, 06/08/2022, 06/09/2022, 06/10/2022. [814641] [JCP] [Entered: 11/24/2021 07:19 AM]
6 paper copies of Doc. No. [20] received from Appellant United Trademark Holdings, Inc.. [819301] [VDW] [Entered: 12/16/2021 02:48 PM]
Counsel are advised that the Federal Circuit has issued Revised Protocols for In-Person Arguments. All arguing counsel must file the revised Form 33A with the Response to Notice of Oral Argument by the previously set deadline. [820540] [MVH] [Entered: 12/22/2021 11:46 AM]
Submitted after ORAL ARGUMENT to Panel: Taranto, Circuit Judge; Hughes, Circuit Judge and Stoll, Circuit Judge. Arguing counsel: Erik Pelton for United Trademark Holdings, Inc. and Ms. Linda K. McLeod for Disney Enterprises, Inc.. Oral Argument Audio available here. [829331] [MJL] [Entered: 02/07/2022 01:30 PM]
MOTION of Appellant United Trademark Holdings, Inc. to extend the time to 09/27/2021 to file the appendix. Service: 09/20/2021 by email. [800631] [21-1056] [Erik Pelton] [Entered: 09/20/2021 06:07 PM]
APPENDIX FILED by Appellant United Trademark Holdings, Inc.. Service: 09/27/2021 by email. [802123] [21-1056] This document is non-compliant. See Doc No.[35] [Erik Pelton] [Entered: 09/27/2021 10:12 PM]
NOTICE OF NON-COMPLIANCE: The submission of Appellant United Trademark Holdings, Inc., Appendix, confidential and non-confidential versions [33], [34], is not in compliance with the rules of this court (see attached). Compliant document due on 10/07/2021. Service as of this date by the Clerk of Court. [802862] [JCW] [Entered: 09/30/2021 01:46 PM]
MOTION of Appellant United Trademark Holdings, Inc. to extend the time to 10/13/2021 to file the appendix. Service: 10/06/2021 by email. [803915] [21-1056] [Erik Pelton] [Entered: 10/06/2021 11:24 AM]
CORRECTED APPENDIX FILED by Appellant United Trademark Holdings, Inc.. Service: 10/13/2021 by email. [805541] [21-1056] This document is non-compliant. See Doc No. [40] [Erik Pelton] [Entered: 10/13/2021 10:12 PM]
NOTICE OF NON-COMPLIANCE: The submission of Appellant United Trademark Holdings, Inc., Corrected Confidential and Nonconfidential Appendix [38], [39], is not in compliance with the rules of this court (see attached). Compliant document due on 11/02/2021. Service as of this date by the Clerk of Court. [808205] [KMH] [Entered: 10/26/2021 11:15 AM]
MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellant United Trademark Holdings, Inc.. Service: 11/02/2021 by email. [809815] --[Edited 11/15/2021 by KMH - compliance review complete] [Erik Pelton] [Entered: 11/02/2021 07:28 PM]
Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [812142] [KMH] [Entered: 11/15/2021 10:26 AM]
Notice from Appellee Disney Enterprises, Inc. regarding conflicts with oral argument. Service: 11/19/2021 by email. [813781] [21-1056] [Linda McLeod] [Entered: 11/19/2021 03:36 PM]
Notice from Appellant United Trademark Holdings, Inc. regarding conflicts with oral argument. Service: 11/19/2021 by email. [813800] [21-1056] [Erik Pelton] [Entered: 11/19/2021 03:57 PM]
NOTICE OF NON-COMPLIANCE: The opening brief paper copies (Doc. No. [46]) provided by United Trademark Holdings, Inc. are not in compliance with the rules of this court (see attached). Corrected paper copies are due within 5 business days. Service as of this date by the Clerk of Court. [817846] [MJL] [Entered: 12/10/2021 03:19 PM]
NOTICE OF ORAL ARGUMENT. Panel: 2202B. Case scheduled February 7, 2022. Response to Notice of Oral Argument due: 01/03/2022. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [819592] [JCP] [Entered: 12/17/2021 03:32 PM]
Response to notice of oral argument from Appellant United Trademark Holdings, Inc.. Service: 01/02/2022 by email. [822153] [21-1056] [Erik Pelton] [Entered: 01/02/2022 04:09 PM]
Response to notice of oral argument from Appellee Disney Enterprises, Inc.. Service: 01/03/2022 by email. [822192] [21-1056] [Linda McLeod] [Entered: 01/03/2022 10:13 AM]
ORDER. The court will conduct argument in this case by video at the originally scheduled date and time in lieu of in-person appearance. See order for further details. Service as of this date by the Clerk of Court. [825102] [JCP] [Entered: 01/18/2022 03:32 PM]
Clerks letter to United Trademark Holdings, Inc. and Disney Enterprises, Inc. regarding Video Argument Orientation. Service as of this date by the Clerk of Court. [827748] [MJL] [Entered: 01/28/2022 03:40 PM]
OPINION filed for the court by Taranto, Circuit Judge; Hughes, Circuit Judge and Stoll, Circuit Judge. Nonprecedential Opinion. Service as of this date by the Clerk of Court. [833262] [MVH] [Entered: 02/24/2022 10:04 AM]
JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. [833263] [MVH] [Entered: 02/24/2022 10:05 AM]
Timeline
filed_date
closed_date
Oct
Nov
Dec
2021
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2022
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2023
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Patents In Case