| Viahart Said
Its Brain Flakes Are As Famous As Nike Per
Amazon Now Response by July 25
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
July 18 – 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.
On July 18, Judge
Woods held another conference,
and Inner City Press again
covered it. Afterward Judge
Woods ordered that "the CK
Defendants' objections to
Document Request Nos. 1 and 11
are sustained and the CK
Defendants' objections to
Document Request Nos. 6, 7, 8,
9, 16, and 21 are overruled.
The parties are directed to
promptly meet and confer with
respect to the deadline for
the CK Defendants to produce
the documents that are
responsive to the
above-mentioned document
requests. The Court accepts
the CK Defendants' oral
commitment during the July 18,
2022 conference that the CK
Defendants will respond to
Interrogatory No. 4 no later
than July 25, 2022. (Signed by
Judge Gregory H. Woods on
7/18/2022)."
The case is, or
was, Viahart, LLC v. Creative
Kids Online, LLC et al.,
20-cv-9943 (Woods)
***
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