| Viahart Said
Its Brain Flakes Are As Famous As Nike Per
Amazon Reviews Now Case Is Back
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
June 15 – Viahart based in
Wills Point, Texas believes
that its "Brain Flakes" brand
is as well known as Coca-Cola
and Nike. So it is
suing.
On
February 22 U.S. District
Court for the Southern
District of New York Judge
Gregory H. Woods held a
proceeding. Inner City Press
covered it.
Judge Woods asked Viahart's
lawyer for the basis of
claiming this fame of Brain
Flakes.
The response
cited Amazon reviews, even
Pinterest posts.
Update of
February 24: to enlarge the
record, and to be responsive
as so many aren't, we noted
also "Brain Flakes' articles
in the Wall Street Journal and
New York Times."
Judge Woods
advised addressing it in
upcoming briefs. He declined
to stay discovery.
On December 2,
Judge Woods held another
proceeding in the case and
Inner City Press again covered
it. Now the talk was of an
amended complaint.
On March 17,
2022, this: "STIPULATION OF
VOLUNTARY DISMISSAL It is
hereby stipulated and agreed
by and between the parties
and/or their respective
counsel(s) that the
above-captioned action is
voluntarily dismissed, with
prejudice against the
defendant(s) Playlearn USA,
Inc. and without costs
pursuant to Rule
41(a)(1)(A)(ii) of the Federal
Rules of Civil Procedure.
Document filed by Viahart,
LLC. Proposed document to be
reviewed and processed by
Clerk's Office staff (No
action required by
chambers)...(Susser, Steven)."
But on June 14,
Judge Woods held another
conference, and Inner City
Press again covered it. There
was talk of a second amended
complaint and Judge Woods gave
the parties until June 24 to
discuss it and then file a
status letter. Then, motions
are due by July 25.
The case is, or
was, Viahart, LLC v. Creative
Kids Online, LLC et al.,
20-cv-9943 (Woods)
***
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