NEW ROTIKAA FOODS, LLC et al v. ROTIWALA LLC
| New Jersey District Court | |
| Judge: | Julien Xavier Neals |
| Referred: | Stacey D Adams |
| Case #: | 2:25-cv-01096 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:44 Trademark Infringement |
| Case Filed: | Feb 07, 2025 |
| Last checked: Monday Mar 24, 2025 5:28 AM EDT |
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Counter Claimant
ROTIWALA LLC
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Represented By
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Counter Defendant
ARPAN REALTY, LLC
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Represented By
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Counter Defendant
NEW ROTIKAA FOODS, LLC
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Represented By
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Defendant
ROTIWALA LLC
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Represented By
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Notice Only
PHV DAVID POSTOLSKI
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Plaintiff
ARPAN REALTY, LLC
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Represented By
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Plaintiff
NEW ROTIKAA FOODS, LLC
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Represented By
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Third Party Defendant
ALISHA SONI
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Represented By
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Third Party Defendant
ARADHANA SONI
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Represented By
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Third Party Defendant
NARENDA SONI
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Represented By
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Third Party Plaintiff
ROTIWALA LLC
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Represented By
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| Docket last updated: 2 hours ago |
| Monday, April 14, 2025 | ||
| 31 | 31
respm
Reply Brief to Opposition to Motion
Mon 04/14 4:04 PM
REPLY BRIEF to Opposition to Motion filed by All Plaintiffs re9 MOTION for Preliminary Injunction ,15 CROSS-MOTION for Preliminary Injunction(FRYDMAN, STEVEN) |
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Att: 1
Declaration of Narendra Soni,
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Att: 2
Exhibit A to Decl. Soni - Preliminary Draft of Lease,
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Att: 3
Exhibit B to Decl. Soni - Messages with Ali Brothers,
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Att: 4
Exhibit C to Decl. Soni - Checks from Defendant,
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Att: 5
Exhibit D to Decl. Soni - Online Order Profits
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| Monday, April 07, 2025 | ||
| 30 | 30
misc
Exhibit (to Document)
Mon 04/07 2:42 PM
Exhibit to29 Reply Brief to Opposition to Motion,,,, Exhibit P to Declaration of Junaid Dagia by ROTIWALA LLC. (TRENK, RICHARD) |
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| 29 | 29
respm
Reply Brief to Opposition to Motion
Mon 04/07 2:23 PM
REPLY BRIEF to Opposition to Motion filed by ROTIWALA LLC re9 MOTION for Preliminary Injunction ,15 CROSS-MOTION for Preliminary Injunction(TRENK, RICHARD) |
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Att: 1
Declaration of Richard D. Trenk, Esq.,
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Att: 2
Declaration of Haidar Shaikh,
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Att: 3
Exhibit A to Haidar Shaikh Declaration,
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Att: 4
Exhibit B to Haidar Shaikh Declaration,
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Att: 5
Declaration of Lav Patel,
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Att: 6
Exhibit A to Lav Patel Declaration,
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Att: 7
Exhibit B to Lav Patel Declaration,
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Att: 8
Declaration of Junaid Dagia,
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Att: 9
Exhibit A to Junaid Dagia Declaration,
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Att: 10
Exhibit B to Junaid Dagia Declaration,
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Att: 11
Exhibit C to Junaid Dagia Declaration,
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Att: 12
Exhibit D to Junaid Dagia Declaration,
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Att: 13
Exhibit E to Junaid Dagia Declaration,
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Att: 14
Exhibit F to Junaid Dagia Declaration,
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Att: 15
Exhibit G to Junaid Dagia Declaration,
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Att: 16
Exhibit H to Junaid Dagia Declaration,
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Att: 17
Exhibit I to Junaid Dagia Declaration,
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Att: 18
Exhibit J to Junaid Dagia Declaration,
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Att: 19
Exhibit K to Junaid Dagia Declaration,
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Att: 20
Exhibit L to Junaid Dagia Declaration,
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Att: 21
Exhibit M to Junaid Dagia Declaration,
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Att: 22
Exhibit N to Junaid Dagia Declaration,
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Att: 23
Exhibit O to Junaid Dagia Declaration
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| Thursday, March 20, 2025 | ||
| 28 | 28
notice
Notice of Appearance
Thu 03/20 4:53 PM
NOTICE of Appearance by ERIN FAYE DUFFIN on behalf of ROTIWALA LLC (DUFFIN, ERIN) |
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| Friday, March 14, 2025 | ||
| 27 | 27
answer
Answer to Amended Complaint
Fri 03/14 3:09 PM
Defendant's ANSWER to Amended Complaint by ROTIWALA LLC.(TRENK, RICHARD) |
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| Wednesday, March 05, 2025 | ||
| 26 | 26
2
pgs
order
Order
Wed 03/05 2:57 PM
LETTER ORDER granting Defendant Rotiwala LLC's22 Letter requesting until 4/7/2025 to file its reply brief concerning their Motion for Preliminary Injunction. Signed by Judge Julien Xavier Neals on 3/5/2025. (wh) |
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| 25 | 25
answer
Answer to Counterclaim Answer to Third Party Complaint
Wed 03/05 1:55 PM
ANSWER to Counterclaim , ANSWER to Third Party Complaint by ARPAN REALTY, LLC, NEW ROTIKAA FOODS, LLC, Alisha Soni, Aradhana Soni, Narendra Soni.(FRYDMAN, STEVEN) |
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| 24 | 24
cmp
Amended Complaint
Wed 03/05 9:52 AM
AMENDED COMPLAINT FIRST Amended Complaint against ROTIWALA LLC, filed by ARPAN REALTY, LLC, NEW ROTIKAA FOODS, LLC.(FRYDMAN, STEVEN) Modified on 3/5/2025 (wh) |
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Att: 1
Exhibit A - Deed,
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Att: 2
Exhibit B - Lease Agreement,
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Att: 3
Exhibit C - Registration Certs,
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Att: 4
Exhibit D - Ancillary Payments,
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Att: 5
Exhibit E - Written Negotiations,
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Att: 6
Exhibit F - Inventory Purchase,
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Att: 7
Exhibit G - Jan Demand,
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Att: 8
Exhibit H - Licensing Agmt,
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Att: 9
Exhibit I - Defendant Letter,
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Att: 10
Exhibit J - Plaintiff Jan 19 Letter,
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Att: 11
Exhibit K - Jan 29 Letter and Draft,
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Att: 12
Exhibit L - License Redlines,
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Att: 13
Exhibit M - Defendant Letter,
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Att: 14
Exhibit N - Store Pictures,
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Att: 15
Exhibit O - Packaging Photos,
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Att: 16
Exhibit P - Distributed Products,
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Att: 17
Exhibit Q - Mingling Marks,
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Att: 18
Exhibit R - Confusion,
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Att: 19
Exhibit S - Converted Invoices,
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Att: 20
Exhibit T - Subzi Invoices
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| Tuesday, March 04, 2025 | ||
| 23 | 23
order
Order on Motion to Amend/Correct
Tue 03/04 11:25 AM
TEXT ORDER-- The Court is in receipt of Plaintiff's Motion for leave to Amend the Complaint. ECF No.20 . No motion is required. Fed. R. Civ. P. 15 permits amendment of the complaint once as a matter of right if filed within 21 days after service of a responsive pleading. Therefore, Plaintiff's Motion is GRANTED under Federal Rule of Civil Procedure 15(a)(1)(B). The Complaint shall be filed within 7 days of this Order. So Ordered by Magistrate Judge Stacey D. Adams on 3/4/2025. (JB) |
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| Friday, February 28, 2025 | ||
| 22 | 22
misc
Letter
Fri 02/28 2:35 PM
Letter from Defendant Rotiwala pursuant to Local Civil Rule 7.1(h) re18 Letter Rule 7.1, Set/Reset Motion and R&R Deadlines/Hearings, 19 Order,,. (TRENK, RICHARD) |
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| 21 | 21
service
Acknowledgment of Service
Fri 02/28 10:47 AM
ACKNOWLEDGMENT OF SERVICE Executed by Alisha Soni, NEW ROTIKAA FOODS, LLC, ARPAN REALTY, LLC, Narendra Soni, Aradhana Soni. Alisha Soni served on 2/28/2025, answer due 3/21/2025; NEW ROTIKAA FOODS, LLC served on 2/28/2025, answer due 3/21/2025; ARPAN REALTY, LLC served on 2/28/2025, answer due 3/21/2025; Narendra Soni served on 2/28/2025, answer due 3/21/2025; Aradhana Soni served on 2/28/2025, answer due 3/21/2025. (FRYDMAN, STEVEN) |
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| Thursday, February 27, 2025 | ||
| 20 | 20
motion
Amend/Correct
Thu 02/27 4:41 PM
MOTION to Amend/Correct1 Complaint,,,, by All Plaintiffs.(FRYDMAN, STEVEN) |
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Att: 1
Exhibit 1 - First Amended Complaint,
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Att: 2
Exhibit A to FAC - Deed,
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Att: 3
Exhibit B to FAC - Lease Agreement,
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Att: 4
Exhibit C to FAC - Registration Certificates,
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Att: 5
Exhibit D to FAC - Ancillary Payment Documents,
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Att: 6
Exhibit E to FAC - Initial License Negotiations,
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Att: 7
Exhibit F to FAC - Inventory Purchase Agreement,
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Att: 8
Exhibit G to FAC - Plaintiffs' Jan 13 Demand Letter,
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Att: 9
Exhibit H to FAC - Licensing Agreement First Draft,
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Att: 10
Exhibit I to FAC - Defendant's Jan 15 Letter,
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Att: 11
Exhibit J to FAC - Plaintiffs' Jan 19 Letter,
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Att: 12
Exhibit K to FAC - Plainitffs' Jan 29 Letter and Licensing Agreement Second Draft,
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Att: 13
Exhibit L to FAC - Defendant's License Agreement 'Redlines',
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Att: 14
Exhibit M to FAC - Defendant's Jan. 31 Letter,
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Att: 15
Exhibit N to FAC - Store Photos,
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Att: 16
Exhibit O to FAC - Packaging Photos In Store,
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Att: 17
Exhibit P to FAC - Distribution of Products,
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Att: 18
Exhibit Q to FAC - Intermingling of Marks,
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Att: 19
Exhibit R to FAC - Actual Confusion; Reputational Damage,
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Att: 20
Exhibit S to FAC - 'Brothers' Invoice for Converted Payment,
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Att: 21
Exhibit T to FAC - 'Subzi Bazar' Invoices for Converted Payments,
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Att: 22
Exhibit 2 - FAC Redline Version
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| 19 | 19
order
Order
Thu 02/27 4:05 PM
TEXT ORDER - The Court is in receipt of counsels' letters dated February 26, 2025 (ECF No.16 ,17 ,18 ) concerning Defendant's request for an extension of time to file their opposition to Plaintiffs' cross-motion for a preliminary injunction. The request is GRANTED. Defendant's brief will be due by no later than April 7, 2025. Plaintiffs may file a reply brief by no later than April 14, 2025. Oral argument shall be determined at a later date. So Ordered by Judge Julien Xavier Neals on 2/27/2025. (kd) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Thu 02/27 11:17 AM
Reset Deadlines as to15 CROSS-MOTION for Preliminary Injunction. Motion reset for 4/7/2025 before Judge Julien Xavier Neals. 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. (ld, ) |
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| Wednesday, February 26, 2025 | ||
| 18 | 18
respm
Letter Rule 7.1
Wed 02/26 5:10 PM
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re15 CROSS-MOTION for Preliminary Injunction . (TRENK, RICHARD) |
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| 17 | 17
misc
Letter
Wed 02/26 3:08 PM
Letter from Plaintiffs re16 Letter. (FRYDMAN, STEVEN) |
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| 16 | 16
misc
Letter
Wed 02/26 10:40 AM
Letter from Rotiwala, LLC Requesting Extension to File Opposition to Cross-Motion re15 CROSS-MOTION for Preliminary Injunction. (TRENK, RICHARD) |
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| Monday, February 24, 2025 | ||
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qc
QC - Incorrect Event Selected
Mon 02/24 9:41 AM
CLERK'S QUALITY CONTROL MESSAGE - The15 CROSS-MOTION for Preliminary Injunction filed by STEVEN FRYDMAN on 2/21/2025 was submitted incorrectly using the event "Response in Opposition to Motion". For future reference, if submitting a Cross-Motion, please refer to the applicable Motion Event and you can enter the word "Cross" into your docket text before the word "Motion". This is for informational purposes only and the appropriate changes have been made by the Clerk's Office. (wh) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Mon 02/24 9:42 AM
Set Deadlines as to15 CROSS-MOTION for Preliminary Injunction. Motion set for 3/17/2025 before Judge Julien Xavier Neals. 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. (wh) |
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| Friday, February 21, 2025 | ||
| 15 | 15
respm
Response in Opposition to Motion
Fri 02/21 1:45 PM
RESPONSE in Opposition filed by ARPAN REALTY, LLC, NEW ROTIKAA FOODS, LLC re9 MOTION for Preliminary Injunction AND Cross-Motion for Preliminary Injunction(FRYDMAN, STEVEN) |
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Att: 1
Memorandum IN OPPOSITION TO DEFENDANT'S MOTION FOR PRELIMINARY INJUNCTION AND IN SUPPORT OF PLAINTIFFS' CROSS-MOTION FOR PRELIMINARY INJUNCTION,
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Att: 2
Text of Proposed Order Granting Plaintiffs' Preliminary Injunction and Denying Defendant's Preliminary Injunction,
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Att: 3
Declaration of Soni,
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Att: 4
Exhibit 1 - Trademark Registration Certificates,
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Att: 5
Exhibit 2 - Deed to Property,
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Att: 6
Exhibit 3 - Lease Agreement,
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Att: 7
Exhibit 4 - Ancillary Documents,
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Att: 8
Exhibit 5 - Written Preliminary Negotiations,
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Att: 9
Exhibit 6 - Inventory Purchase Agreement,
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Att: 10
Exhibit 7 - Jan. 13 Demand letter,
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Att: 11
Exhibit 8 - License Agreement First Draft,
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Att: 12
Exhibit 9 - Defendant's Jan. 15 Letter,
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Att: 13
Exhibit 10 - Plaintiffs' Jan. 19 Letter,
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Att: 14
Exhibit 11 - Plaintiffs' Jan. 29 Letter and License Agreement Second Draft,
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Att: 15
Exhibit 12 - Defendant's Redline to License Agreement,
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Att: 16
Exhibit 13 - Defendant's Jan. 31 Letter,
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Att: 17
Exhibit 14 - Evidence of use On and In Store,
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Att: 18
Exhibit 15 - Evidence of use on Packaging,
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Att: 19
Exhibit 16 - Evidence of use on Distributed Products,
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Att: 20
Exhibit 17 - Evidence of Co-mingling Marks,
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Att: 21
Exhibit 18 - Evidence of Reputational Damage,
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Att: 22
Exhibit 19 - Evidence of Parties' Mutual Understanding,
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Att: 23
Exhibit 20 - Correspondence re: Attempted Check Sent by Defendant
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| 14 | 14
notice
Notice of Pro Hac Vice to Receive NEF
Fri 02/21 10:07 AM
Notice of Request by Pro Hac Vice David Postolski, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-16035014.) (FRYDMAN, STEVEN) |
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notice
Notice of Pro Hac Vice counsel added
Fri 02/21 11:27 AM
Pro Hac Vice counsel, DAVID POSTOLSKI, 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. (adc, ) |
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| Thursday, February 20, 2025 | ||
| 13 | 13
2
pgs
order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 02/20 3:27 PM
ORDER granting12 Motion for Leave to Appear Pro Hac Vice of DAVID POSTOLSKI. Signed by Magistrate Judge Stacey D. Adams on 2/20/2025. (wh) |
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| Wednesday, February 19, 2025 | ||
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Wed 02/19 1:12 PM
Set Deadlines as to12 Consent MOTION for Leave to Appear Pro Hac Vice of David Postolski, Esq. . Motion set for 3/17/2025 before Magistrate Judge Stacey D. Adams. 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. (dam) |
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| Tuesday, February 18, 2025 | ||
| 12 | 12
motion
Appear Pro Hac Vice
Tue 02/18 8:35 AM
Consent MOTION for Leave to Appear Pro Hac Vice of David Postolski, Esq. by ARPAN REALTY, LLC, NEW ROTIKAA FOODS, LLC.(FRYDMAN, STEVEN) |
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Att: 1
Certification Certification of Steven Frydman in support of Pro Hac motion,
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Att: 2
Affidavit Postolski Affidavit and Cert of Good Standing,
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Att: 3
Text of Proposed Order Proposed Consent Order for Pro Hac Admission of Postolski
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| Monday, February 17, 2025 | ||
| 11 | 11
notice
Notice of Appearance
Mon 02/17 10:40 AM
NOTICE of Appearance by MARK J. INGBER on behalf of ROTIWALA LLC (INGBER, MARK) |
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| Thursday, February 13, 2025 | ||
| 10 | 10
misc
Amended Document (NOT Motion/Complaint)
Thu 02/13 10:38 AM
AMENDED DOCUMENT by ROTIWALA LLC. Amendment to9 MOTION for Preliminary Injunction to include Exhibit "D" to Declaration (Document 9) . (TRENK, RICHARD) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Thu 02/13 9:44 AM
Set Deadlines as to9 MOTION for Preliminary Injunction. Motion set for 3/17/2025 before Judge Julien Xavier Neals. 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. (adc, ) |
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| Wednesday, February 12, 2025 | ||
| 9 | 9
motion
Preliminary Injunction
Wed 02/12 6:57 PM
MOTION for Preliminary Injunction by ROTIWALA LLC.(TRENK, RICHARD) |
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Att: 1
Brief,
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Att: 2
Declaration Muhammad Junaid Ha Dagia,
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Att: 3
Exhibit A to Declaration,
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Att: 4
Exhibit B to Declaration,
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Att: 5
Exhibit C to Declaration,
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Att: 6
Exhibit E to Declaration,
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Att: 7
Exhibit F to Declaration,
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Att: 8
Exhibit G to Declaration,
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Att: 9
Exhibit H to Declaration,
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Att: 10
Exhibit I to Declaration,
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Att: 11
Exhibit J to Declaration,
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Att: 12
Exhibit K to Declaration,
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Att: 13
Exhibit L to Declaration,
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Att: 14
Exhibit M to Declaration,
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Att: 15
Exhibit N to Declaration,
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Att: 16
Text of Proposed Order
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| 8 | 8
misc
Corporate Disclosure Statement (aty)
Wed 02/12 6:53 PM
Corporate Disclosure Statement by ROTIWALA LLC identifying None as Corporate Parent.. (TRENK, RICHARD) |
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| 7 | 7
answer
Answer to Complaint Third Party Complaint Counterclaim
Wed 02/12 6:51 PM
ANSWER to Complaint with JURY DEMAND , THIRD PARTY COMPLAINT against NEW ROTIKAA FOODS, LLC, ROTIWALA LLC, ARPAN REALTY, LLC, COUNTERCLAIM against NEW ROTIKAA FOODS, LLC, ARPAN REALTY, LLC, Narendra Soni, Aradhana Soni, Alisha Soni by ROTIWALA LLC.(TRENK, RICHARD) |
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| 6 | 6
service
Acknowledgment of Service
Wed 02/12 4:12 PM
ACKNOWLEDGMENT OF SERVICE Executed by ROTIWALA LLC. ARPAN REALTY, LLC served on 2/7/2025, answer due 2/28/2025; NEW ROTIKAA FOODS, LLC served on 2/7/2025, answer due 2/28/2025. (TRENK, RICHARD) |
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| Tuesday, February 11, 2025 | ||
| 5 | 5
misc
Corporate Disclosure Statement (aty)
Tue 02/11 10:20 AM
Corporate Disclosure Statement by ARPAN REALTY, LLC. (FRYDMAN, STEVEN) |
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| 4 | 4
misc
Corporate Disclosure Statement (aty)
Tue 02/11 10:18 AM
Corporate Disclosure Statement by NEW ROTIKAA FOODS, LLC. (FRYDMAN, STEVEN) |
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| 3 | 3
service
Summons Issued
Tue 02/11 9:03 AM
SUMMONS ISSUED as to ROTIWALA LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (wh) |
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| 2 | 2
misc
AO120 Patent/Trademark Form
Tue 02/11 8:58 AM
AO120 Trademark Form filed. (wh) |
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Att: 1
See attached Complaint & Exhibits A-M,
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Att: 2
See Attached Exhibits N-Q
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notice
Notice of Judicial Preferences
Tue 02/11 8:25 AM
Notice of Judicial Preferences.[LINK:Click here] for the Judge's Individual Procedure Requirements. (kd) |
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qc
QC - Fillable PDF
Tue 02/11 9:01 AM
CLERK'S QUALITY CONTROL MESSAGE - The1 -19 Proposed Summons filed by STEVEN FRYDMAN on 2/07/2025 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our[LINK:website] under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (wh) |
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qc
QC - Lack of Corporate Disclosure Statement
Tue 02/11 9:02 AM
CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a corporate disclosure statement is required to be filed by a nongovernmental corporate party or intervenor. Please refer to the Court's website at[LINK:www.njd.uscourts.gov] for a form and filing instructions. (wh) |
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| Monday, February 10, 2025 | ||
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utility
Case Assigned/Reassigned
Mon 02/10 4:29 PM
Case assigned to Judge Julien Xavier Neals and Magistrate Judge Stacey D. Adams. (jr) |
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| Friday, February 07, 2025 | ||
| 1 | 1
16
pgs
cmp
Complaint
Fri 02/07 4:18 PM
COMPLAINT against ROTIWALA LLC ( Filing and Admin fee $ 405 receipt number ANJDC-16004522), filed by NEW ROTIKAA FOODS LLC, ARPAN REALTY LLC.(FRYDMAN, STEVEN) |
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Att: 1
Exhibit A - Deed,
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Att: 2
Exhibit B - Lease Agreement,
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Att: 3
Exhibit C - TM Registration Certificates,
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Att: 4
Exhibit D - Ancillary Payment Documents,
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Att: 5
Exhibit E - Written Negotiations,
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Att: 6
Exhibit F - Inventory Purchase Agreement,
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Att: 7
Exhibit G - Jan. 13 Demand Letter,
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Att: 8
Exhibit H - Licensing Agreement,
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Att: 9
Exhibit I - Defendant's Jan. 15 Letter,
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Att: 10
Exhibit J - Plaintiff's Jan. 19 Letter,
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Att: 11
Exhibit K - Plaintiff's Jan. 29 Letter,
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Att: 12
Exhibit L - Defendant's License Redlines,
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Att: 13
Exhibit M - Defendant's Jan. 31 Letter,
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Att: 14
Exhibit N - Store Photographs,
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Att: 15
Exhibit O - Packaging Photographs,
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Att: 16
Exhibit P - Distributed Products,
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Att: 17
Exhibit Q - Mingling Marks Receipts,
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Att: 18
Civil Cover Sheet,
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Att: 19
Summons
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