Friday, July 21, 2006

An Index Of The Marx Filings . . . #6

Post #6

Noah suggested I do a brief timeline and index of what has happened in our ongoing battle and then fill in the details as needed. So, here goes:

1. December 2005: The Cease & Desist letter from Jay Horowitz and APE

2. January 2006: Toytrackerz files for Declaratory Judgment - seeks no damages, just a decision of trademark status from the judge.

3. February 2006: Jay's attorney removes to federal court and asks for his first time continuance. Receives 30 days.

4. February/March 2006: Toytrackerz' trademark applications are published for opposition.

5. March 2006: Jay's attorney files Answer & Counterclaim, seeking six-figures in damages.

6. March 2006: Toytrackerz files motion to remand the case to state court.

7. March 2006: Jay's attorney files for his second continuance to answer remand motion.

8. March 2006: Toytrackerz files a pair of preliminary procedural motions.

9. March 2006: Jay's attorney files for extensions of time on the trademark applications.

10. April 2006: Jay's attorney files for third and fourth continuances on the procedural motions.

11. May/June 2006: Back and forth responses/replies on the procedural motions.

12. June/July 2006: Time limit on trademark oppositions expires and opposition period terminates on CXR, JWA and BOTW. Applications are put back in the queue for registration.

13. July 2006: Toytrackerz files a motion for Partial Summary Judgment regarding those three trademarks. Decision is pending.

That's it in a nutshell. Any questions? Drop me a note via the blog, the Ranch or leave a comment. It's been a long frustrating haul with a lot of delays. However, we've withstood every blow so far and have no intention of changing our strategy.

Thanks - Terri

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