Stephen S. Wu-- SL: Legal Writer,, (408) 573-5737, 50 W. San Fernando St., Ste. 750, San Jose, CA 95113

Briefing Schedule Set on Minsky Trademark Case

On September 16, 2008, a federal judge in Albany, NY, Judge Lawrence E. Kahn, signed an order setting up the preliminary injunction showdown between Richard Minsky and Linden Research. Minsky, whose SL avatar is ArtWorld Market, is seeking a preliminary injunction restraining the Lindens from infringing upon his U.S. Trademark SLART. A hearing is set on the preliminary injunction for December 3, 2008. Plaintiff Richard Minsky’s opening brief is due on October 30, the Defendants’ brief is due November 5, and Minsky may serve a reply brief no later than November 10.
After this September 16 scheduling order and before briefs are due, the parties can engage in limited “discovery” (evidence gathering) to seek information from the other side. Each side can serve any discovery requests they want on the other side by September 29, 2008. The other side must respond by October 20. Most likely, the parties will want to ask the other side for electronically stored information (ESI) and paper documents concerning the dispute, although they may also ask written questions (called “interrogatories”) or requests for admission.

A copy of the court’s briefing schedule order appears on the Minsky v. Linden Research documents page.