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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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