Viahart said his brain flakes are as famous as Nike. Amazon response by July 25
SDNY COURTHOUSE, July 18 — Wills Point, Texas-based Viahart believes its “Brain Flakes” brand is as well-known as Coca-Cola and Nike. So he files a complaint.
On February 22, U.S. District Court for the Southern District of New York, Judge Gregory H. Woods, held a hearing. Inner City Press has it covered.
Judge Woods asked Viahart’s attorney the basis of Brain Flakes’ claim to fame.
The response quoted Amazon reviews, even Pinterest posts.
Update of February 24: to enlarge the notice, and to be sensitive
as so many others are not, we also noted “the Brain Flakes articles in the Wall Street Journal and the New York Times”.
Judge Woods advised that this should be covered in future memoirs. He refused to remain uncovered.
On December 2, Judge Woods held another proceeding in the case, and Inner City Press covered it again. It was now an amended complaint.
On March 17, 2022, this: “VOLUNTARY DISMISSAL STIPULATION It is stipulated and agreed by and between the parties and/or their respective counsel(s) that the aforementioned action is voluntarily dismissed, with prejudice to the (x) Defendant(s) ) Playlearn USA, Inc. and free of charge pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Viahart, LLC. Document offered at review and process by Personal Registrar’s Office (No action required by Chambers)… (Susser, Steven).”
But on June 14, Judge Woods held another conference and Inner City Press covered it again. There was talk of a second amended complaint.
On July 18, Judge Woods held another conference and Inner City Press covered it again. Subsequently, Judge Woods ordered that “Defendants CK’s objections to Document Requests Nos. 1 and 11 be sustained and Defendants CK’s objections to Document Requests Nos. 6, 7, 8, 9, 16 and 21 are dismissed. The parties are ordered to meet expeditiously and confer with respect to the time limit for the CK Defendants to produce documents that respond to the above-noted document requests.The Court accepts the oral undertaking of the CK Defendants at the conference. dated July 18, 2022 that Defendants CK will respond to Examination #4 no later than July 25, 2022. (Signed by Judge Gregory H. Woods on 07/18/2022).”
Case is, or was, Viahart, LLC v Creative Kids Online, LLC et al., 20-cv-9943 (Woods)
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