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SDNY COURTHOUSE, July 22 – 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)."

On July 22, Judge Woods allowed plaintiff's counsel to withdraw and raised the specter of dismissing the case if a new lawyer isn't found: "ORDER granting [118] Motion to Withdraw as Attorney. On July 22, 2022, the Court held a teleconference to discuss Carlson, Gaskey & Olds, P.C.'s motion to withdraw as counsel of record for Plaintiff. See Dkt. No. 118. For the reasons stated on the record during that conference, Carlson, Gaskey & Olds, P.C.'s motion is granted. As stated on the record during the July 22, 2022 conference, this case is stayed until August 12, 2022 to allow Plaintiff to search for and retain replacement counsel. In the event that Plaintiff retains new counsel prior to August 12, 2022, the stay will be lifted upon the filing of a notice of appearance by that counsel. If counsel for Plaintiff has not entered a notice of appearance by August 12, 2022, the Court will understand that Plaintiff has chosen to discontinue this litigation, and expects to dismiss the case for failure to prosecute. The Clerk of Court is directed to: Terminate the motion pending at Dkt. No. 118. Remove attorneys Steven Craig Susser and Brian Tobin from the list of active counsel in this case; Stay this case until August 12, 2022; and Update Plaintiff's address on the docket and mail a copy of this order to Plaintiff at: Viahart, LLC, 1321 Upland Dr., No. 6481, Houston, TX 77043. Attorney Steven Craig Susser and Brian Tobin terminated. (Signed by Judge Gregory H. Woods on 7/22/2022)."

The case is Viahart, LLC v. Creative Kids Online, LLC et al., 20-cv-9943 (Woods)

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