D.E. Shaw & Co., L.P. v. Valence Capital Group LLC

Summary

D.E. Shaw & Co., an investment management firm, is suing Valence Capital Group and related entities for trademark infringement. The lawsuit centers on the defendants' use of the Valence name and brand, which D.E. Shaw claims infringes its trademark rights in the financial services sector.

Summary generated by AI from public docket data. Verify against the original filing before relying on it.

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Cause

15:1051 Trademark Infringement

Entities in this case

Parties

D.E. Shaw & Co., L.P. (plaintiff) Valence Fund Management LLC (defendant) Valence EPM Strategy LLC (defendant) Valence Capital Group LLC (defendant)

Docket entries

1. #142005-09-07

   STIPULATION AND ORDER OF DISMISSAL of action without prejudice, each party to bear its own costs and attorney's fees. (Signed by Judge Sidney H. Stein on 9/7/05) (djc, ) (Entered: 09/08/2005)

2. #132005-08-18

   ENDORSED LETTER addressed to Judge Stein from Michelle Mancino Marsh dated 8/17/05 re: counsel requests a 7 day extension of the dates set forth in the August 8, 2005 Memo as set forth herein: start of fact discovery on 08/29/05; see document for further discovery deadlines; plaintiff's motion papers for a prelim. inj shall be filed and served no later than 10/19/05; opposition papers no later than 10/26/05; reply papers if any, no later than 11/1/05; parties shall appear on 11/08/05 at 9:00a.m... for a hearing in connection with plaintiff's motion for a prelim. Inj. motion. (Signed by Judge Sidney H. Stein on 8/18/05) (djc, ) (Entered: 08/19/2005)

3. 2005-08-18

   Set Deadlines/Hearings: Motions due by 10/19/2005. Replies due by 11/1/2005. Responses due by 10/26/2005 (djc, )

4. #122005-08-08

   ENDORSED LETTER addressed to Judge Sidney H. Stein from Brad M. Behar dated 8/5/05 re: Counsel for plaintiff writes to request a 14 day extension of the dates set forth as follows: Exchange of Rule 26(a) Initial Disclosures by facsimile or hand delivery on 8/19/05; Start of Fact Discovery on 8/22/05; parties shall serve initial requests for production of documents and interrogatories by facsimile or hand delivery no later than 8/23/05; parties shall produce non-privileged documents responsive to the document requests as well as responses to the respective interrogatories by facsimile or hand delivery no later than 8/31/05; produce witnesses for deposition so as to commence depositions on 9/7/05; complete all depositions by 9/30/05. Plaintiff's motion papers for a preliminary injunction shall be filed and served no later than 10/12/05; defendants' opposing papers to plaintiff's preliminary injunction motion shall be filed and served no later than 10/19/05; reply due 10/25/05; parties shall appear on 11/1/05 at 9:00 a.m. for a hearing in connection with plaintiff's motion for a preliminary injunction motion. So Ordered. (Signed by Judge Sidney H. Stein on 8/8/05) (jco, ) (Entered: 08/09/2005)

5. 2005-08-08

   Set Deadlines/Hearings: Discovery due by 8/22/2005. Motions due by 10/12/2005. Replies due by 10/25/2005. Responses due by 10/19/2005 (jco, )

6. #112005-07-28

   SCHEDULING ORDER for expedited discovery and preliminary injunction briefing.Plaintiff's motion papers for a preliminary injunction shall be filed and served no later than 9/28/05. Defendants' opposing papers to plaintiff's preliminary injunction motion shall be filed and served no later than 10/5/05. Plaintiff's reply papers, if any, shall be filed and served no later than 10/11/05. The parties shall appear on 10/18/05 at 9:00 a.m. or at such other time set by the Court. Fact Discovery due by 8/8/2005. (Signed by Judge Stephen C. Robinson/Part I on 7/28/05) (kw, ) Additional attachment(s) added on 8/1/2005 (kw, ). (Entered: 08/01/2005)

7. #102005-07-28

   NOTICE OF CASE ASSIGNMENT to Judge Sidney H. Stein. (jeh, ) (Entered: 07/29/2005)

8. 2005-07-28

   Magistrate Judge Gabriel W. Gorenstein is so designated. (jeh, )

9. 2005-07-28

   CASE DECLINED AS NOT RELATED. Case referred as related to 02cv8722 and declined by Judge Alvin K. Hellerstein and returned to wheel for assignment. (jeh, )

10. #92005-07-26

    MEMORANDUM OF LAW in Support re: 8 Order to Show Cause, for Expedited Discovery. Document filed by D.E. Shaw & Co., L.P.. (Attachments: # 1 Declaration of Michelle Mancino Marsh in Support of Order to Show Cause# 2 Exhibits A & B to Declaration of Michelle Mancino Marsh# 3 Exibits C & D to Declaration of Michelle Mancino marsh# 4 Declaration of Andrew E. Beck in Support of OSC# 5 Proposed Scheduling Ordering)(Saed, Shirley) (Entered: 07/26/2005)

11. 2005-07-25

    ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Brad Behar to RE-FILE Document 6 FIRST MOTION for Order to Show Cause for Expedited Discovery, 7 FIRST MOTION for Order to Show Cause For Expedited Discovery and Preliminary Injunction Briefing. Use the document type Memorandum of Law in support ( non-motion) found under the document list Other Answers. (Modified on 7/26/2005 (kg).

12. #72005-07-22

    FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU/DUPLICATED DOCKET ENTRY - FIRST MOTION for Order to Show Cause For Expedited Discovery and Preliminary Injunction Briefing. Document filed by D.E. Shaw & Co., L.P.. Return Date set for 7/28/2005 09:30 AM. (Attachments: # 1 Affidavit Declaration of Michelle Mancino Marsh# 2 Exhibit Exhibits A&B to Declaration of Michelle Mancino Marsh# 3 Exhibit Exhibits C&D to Declaration of Michelle Mancino Marsh# 4 Exhibit Declaration of Andrew E. Beck, III# 5 Text of Proposed Order Proposed Scheduling Order)(Behar, Brad) Modified on 7/25/2005 (kg). (Entered: 07/22/2005)

13. #62005-07-22

    FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - FIRST MOTION for Order to Show Cause for Expedited Discovery. Document filed by D.E. Shaw & Co., L.P. Return Date set for 7/28/2005 09:30 AM. (Behar, Brad) Modified on 7/25/2005 (kg). (Entered: 07/22/2005)

14. #52005-07-22

    AFFIDAVIT OF SERVICE of Summons and Complaint. Valence Fund Management LLC served on 7/6/2005, answer due 7/26/2005. Service was accepted by Brian Penrod, Registered Agent. Document filed by D.E. Shaw & Co., L.P.. (Behar, Brad) (Entered: 07/22/2005)

15. #42005-07-22

    AFFIDAVIT OF SERVICE of Summons and Complaint. Valence EPM Strategy LLC served on 7/6/2005, answer due 7/26/2005. Service was accepted by Brian Penrod, Registered Agent. Document filed by D.E. Shaw & Co., L.P.. (Behar, Brad) (Entered: 07/22/2005)

16. #82005-07-21

    ORDER TO SHOW CAUSE for expedited discovery for the reason that plaintiff needs to determine the extent and precise nature of defendants' use and anticipated use of DESCO'S VALENCE mark. Show Cause Hearing set for 7/28/2005 at 9:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 7/21/05) (sac, ) (Entered: 07/25/2005)

17. 2005-06-23

    SUMMONS ISSUED as to Valence Capital Group LLC, Valence EPM Strategy LLC, Valence Fund Management LLC. (js, )

18. 2005-06-23

    CASE REFERRED TO Judge Alvin K. Hellerstein as possibly Similar to 1:02-cv-8722. (js, )

19. 2005-06-23

    Case Designated ECF. (js, )

20. 2005-06-23

    Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (js, )

Docket history from CourtListener/RECAP — most recent first.