Activision Publishing, Inc. v. Warzone.com, LLC

Summary

Activision sues Warzone.com for trademark infringement over the "Warzone" domain name and brand.

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

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Entities in this case

Parties

ACTIVISION PUBLISHING, INC., a Delaware corporation (plaintiff) WARZONE.COM, LLC (defendant) INTELLECTUAL PROPERTY LAW PROFESSORS (amicus curiae)

Docket entries

1. #572023-10-25

   Filed order (Deputy Clerk: MCD): On October 16, 2023, the parties filed their concurrent supplemental briefs on the impact of Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023), and whether this case should now be remanded to the district court for further consideration under Jack Daniel’s. ECF 51–52. The court having reviewed the papers and pleadings, and good cause having been shown, we vacate the December 14, 2023 oral argument in this matter, vacate the district court’s judgment, and remand this case for further proceedings con sistent with Jack Daniel’s. The parties shall bear their own attorney’s fees, costs, and expenses on appeal. This order shall act as and for the mandate of this court. VACATED AND REMANDED.[12815189] (AF) [Entered: 10/25/2023 01:59 PM]

2. #562023-10-20

   Received 6 paper copies of Supplemental Brief [51] filed by Warzone.com, LLC. (Sent to panel). [12813298] (CPA) [Entered: 10/20/2023 03:54 PM]

3. #552023-10-20

   Received 6 paper copies of Supplemental Brief [52] filed by Activision Publishing, Inc.. (Sent to panel). [12813236] (CPA) [Entered: 10/20/2023 03:24 PM]

4. #542023-10-18

   Filed clerk order: The supplemental brief [52] submitted by Activision Publishing, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be submitted to the principal office of the Clerk. [12811650] (KT) [Entered: 10/18/2023 01:23 PM]

5. #532023-10-17

   Filed clerk order: The supplemental brief [51] submitted by Warzone.com, LLC is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be submitted to the principal office of the Clerk. [12810725] (KT) [Entered: 10/17/2023 09:50 AM]

6. #522023-10-16

   Submitted (ECF) Supplemental Brief for review. Submitted by Appellee Activision Publishing, Inc.. Date of service: 10/16/2023. [12810584] [22-55831]--[COURT UPDATE: attached corrected PDF of supplemental brief. 10/18/2023 by KT] (Mayer, Marc) [Entered: 10/16/2023 06:05 PM]

7. #512023-10-16

   Submitted (ECF) Supplemental Brief for review. Submitted by Appellant Warzone.com, LLC. Date of service: 10/16/2023. [12810582] [22-55831] (Cilento, Michael) [Entered: 10/16/2023 05:56 PM]

8. #502023-10-05

   Filed clerk order (Deputy Clerk: MCD): On June 15, 2023, Appellant filed a motion to file supplemental briefing. ECF [37]. The motion is now fully briefed. The court having reviewed the papers and pleadings, and good cause having been shown, on or before October 16, 2023, the parties are directed to file simultaneous supplemental briefs on the impact of Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023), and whether this case should now be remanded to the district court for further consideration under Jack Daniel’s. The briefs shall not exceed 2,000 words each. [12805237] (AF) [Entered: 10/05/2023 12:21 PM]

9. #492023-10-01

   Notice of Oral Argument on Thursday, December 14, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena CA.The hearing time is the local time zone at the scheduled hearing location.View the Oral Argument Calendar for your case here.NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance.Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so.Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Thursday, December 14, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12801982]. [22-55831] (KS) [Entered: 10/01/2023 06:17 AM]

10. #482023-08-17

    Filed (ECF) Attorney Marc E. Mayer for Appellee Activision Publishing, Inc. response to notice for case being considered for oral argument. Date of service: 08/17/2023. [12776374] [22-55831] (Mayer, Marc) [Entered: 08/17/2023 03:41 PM]

11. #472023-08-14

    This case is being considered for an upcoming oral argument calendar in PasadenaPlease review the Pasadena sitting dates for December 2023 and the subsequent month in that location at http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully.If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation). You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.[12773887]. [22-55831] (KS) [Entered: 08/14/2023 04:21 PM]

12. #462023-07-14

    Filed (ECF) Attorney Michael Dominick Cilento, Esquire for Appellant Warzone.com, LLC response to notice for case being considered for oral argument. Date of service: 07/14/2023. [12755109] [22-55831] (Cilento, Michael) [Entered: 07/14/2023 08:32 AM]

13. #452023-07-13

    Filed (ECF) Attorney Marc E. Mayer for Appellee Activision Publishing, Inc. response to notice for case being considered for oral argument. Date of service: 07/13/2023. [12754998] [22-55831] (Mayer, Marc) [Entered: 07/13/2023 04:14 PM]

14. #442023-07-13

    This case is being considered for an upcoming oral argument calendar in PasadenaPlease consult with opposing counsel and review the Pasadena sitting dates for November 2023 and the subsequent month in that location at http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully.If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation). You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.[12754551]. [22-55831] (KS) [Entered: 07/13/2023 11:21 AM]

15. #432023-07-05

    Filed clerk order (Deputy Clerk: MCD): Appellant’s motion (Docket Entry No. [37]) for supplemental briefing, appellee’s opposition at Docket Entry No. [40], appellant’s reply at Docket Entry No. [41], and any further related filings are referred to the panel that will consider the merits of this case. [12749329] (WL) [Entered: 07/05/2023 04:55 PM]

16. #422023-06-30

    Received 6 paper copies of Reply Brief [38] filed by Warzone.com, LLC. [12747253] (CPA) [Entered: 06/30/2023 04:56 PM]

17. #412023-06-30

    Filed (ECF) Appellant Warzone.com, LLC reply to response (motion to file supplemental brief, ). Date of service: 06/30/2023. [12747020] [22-55831] (Cilento, Michael) [Entered: 06/30/2023 03:23 PM]

18. #402023-06-23

    Filed (ECF) Appellee Activision Publishing, Inc. response opposing motion ([37] Motion (ECF Filing), [37] Motion (ECF Filing)). Date of service: 06/23/2023. [12742275] [22-55831] (Mayer, Marc) [Entered: 06/23/2023 03:54 PM]

19. #392023-06-22

    Filed clerk order: The reply brief [38] submitted by Warzone.com, LLC is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [12740748] (KT) [Entered: 06/22/2023 08:04 AM]

20. #382023-06-21

    Submitted (ECF) Reply Brief for review. Submitted by Appellant Warzone.com, LLC. Date of service: 06/21/2023. [12740673] [22-55831]--[COURT UPDATE: attached corrected PDF of reply brief. 06/29/2023 by KT] (Cilento, Michael) [Entered: 06/21/2023 05:42 PM]

Docket history from CourtListener/RECAP — most recent first.