Vision Wine & Spirits, LLC v. Winery Exchange, Inc.

Filing 19

ORDER Re Supplemental Briefing. Signed by Judge Edward M. Chen on 8/26/2013. (Attachments: # 1 Exhibit A). (emcsec, COURT STAFF) (Filed on 8/26/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VISION WINE & SPIRITS, LLC,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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No. C-13-2884 EMC

WINERY EXCHANGE, INC.,

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ORDER RE SUPPLEMENTAL
BRIEFING

Defendant.
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(Docket No. 11)

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It appears that a third party has registered the mark “GR8” without any accompanying

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imagery or elaboration. See TESS Record, attached hereto as Exhibit A (Trademark Serial No.

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86023145). The Court therefore orders the parties to provide supplemental briefing to address (1)

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whether there are any reasons why the Court, sua sponte, should not take judicial notice of this fact;

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and (2) if the Court may do so, what legal effect, if any, this fact would have on the issues raised in

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Winery Exchange’s motion to dismiss and the accompanying response papers. Accordingly, the

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parties are hereby ordered to provide and e-file supplemental briefing, no more than three pages per

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party, in response to this order by 4:00 p.m., Tuesday, August 27, 2013.

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IT IS SO ORDERED.

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Dated: August 26, 2013
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EDWARD M. CHEN
United States District Judge