2022-cv-03216

COMPLAINT filed by Grumpy Cat Limited; Jury Demand. Filing fee $ 402, receipt number AILNDC-19577885.

Exhibit 1

(Exhibit 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Robert Payton Mcmurray

MOTION by Plaintiff Grumpy Cat Limited to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Grumpy Cat Limited

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment.

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.

MAILED Tradmark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiff Grumpy Cat Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Grumpy Cat Limited for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Grumpy Cat Limited in support of motion for temporary restraining order, 12

Declaration Bundesen Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 1 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 2 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 3 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 4 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 5 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 6 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 7 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 8 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 9 of Bundesen Declaration

Notice of Claims Involving Trademarks by Grumpy Cat Limited

MINUTE entry before the Honorable Manish S. Shah: The motion to file under seal 6 and the motion for leave to file excess pages 11 are granted. The motion for an ex parte TRO 12 is denied. Some of the accused products likely infringe plaintiff's trademarks or copyrights, but the court is not persuaded that the accused products depicted in every submitted screenshot infringe. For example, 15 at 10 and 15 at 126 depict cartoon cats that are not the trademarked image and do not use the term Grumpy Cat. Plaintiff's submission does not explain how such images could reasonably be considered derivative of any copyrighted work (which are merely listed and not described). Not every frowning cartoon cat infringes; or at least plaintiff has failed to persuade that its intellectual property reaches that far. Plaintiff has not demonstrated a likelihood of success on the merits as to those defendants and the court will not parse the remainder.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff shall show cause why this case should not be dismissed for want of prosecution. The court denied the application for an ex parte TRO on 6/23/22, and plaintiff has taken no action on the case. Plaintiff's response to this show cause order is due 9/23/22. Notices mailed.

NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal Without Prejudice of All Remaining Defendants

MINUTE entry before the Honorable Manish S. Shah: Pursuant to the notice of voluntary dismissal, this case is dismissed without prejudice and without taxation of fees or costs. Terminate civil case.

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

(Closing Minute Entry dated 9/23/2022)