Apple Inc. v. Apple Story Inc. et al Featured Case Has Decisions

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Apple''s trademark lawsuit against copycat stores in New York City.
Plaintiff: Apple Inc.
Defendants: Apple Story Inc., Janice Po Chiang, Fun Zone Inc., John Does 1-50, Jimmy Kwok and XYZ Businesses
 
Case Number: 1:2011cv03550
Filed: July 25, 2011
 
Court: New York Eastern District Court
Office: Brooklyn Office
Presiding Judge: Kiyo A. Matsumoto
Referring Judge: Marilyn D. Go
 
Nature of Suit: Intellectual Property - Trademark
Cause: 15:1114 Trademark Infringement
Jury Demanded By: Plaintiff
 

Docket Report

We have record of the following docket entries for this case.
Date Filed#Document Text
October 24, 201135AFFIDAVIT/AFFIRMATION re 33 Permanent Injunction by Apple Story Inc., Janice Po Chiang, Fun Zone Inc., Jimmy Kwok (Chuang, Samuel)
September 22, 201133Court Opinion or Order CONSENT ORDER OF JUDGMENT AND PERMANENT INJUNCTION. Ordered by Judge Kiyo A. Matsumoto on 9/16/2011. (Brucella, Michelle)
September 15, 201132MOTION to Approve Consent Judgment AND CONSENT ORDER OF JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANTS by Apple Inc.. (Mutterperl, Mark)
September 6, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Status Conference held on 9/6/2011. Appearances by Mark Mutterperl for plaintiff; Samuel Chuang for defendants. Counsel advised that they have completed drafting settlement documents and are waiting for approval or comments from their clients. The parties must file a status report by 9/15/11 if they do not file a consent judgment by that date. (Abdallah, Fida)
August 31, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Status Conference held on 8/31/2011. Appearances by Mark Mutterperl for plaintiff; Samuel Chuang for defendants. The parties are discussing the terms of a draft settlement agreement. Next conference scheduled for Sept. 6, 2011 at 10:00 a.m. (by tel). If there are still disputes over the language of the agreement, the parties should fax a marked draft agreement to the court before the conference by 9:30 a.m. (Abdallah, Fida)
August 30, 2011 Court Opinion or Order SCHEDULING ORDER: A telephone conference will be held on 8/31/11, at 5:00 p.m. Ordered by Magistrate Judge Marilyn D. Go on 8/30/2011. (Abdallah, Fida)
August 18, 2011 Court Opinion or Order ORDER to UNSEAL RECORD. Given the status of case proceedings, the Court finds that it is no longer necessary to seal the record, and hereby orders that the record be unsealed. Ordered by Judge Kiyo A. Matsumoto on 8/18/2011. (Chang, Emily)
August 18, 201131Letter responding to Doc. No. 24, Letter requesting the unsealing of this case by Apple Story Inc., Janice Po Chiang, Fun Zone Inc., Jimmy Kwok (Chuang, Samuel)
August 17, 2011 Court Opinion or Order ORDER re 30 Letter requesting unsealing of this case. The parties are hereby ordered to file responses regarding 30 Letter by noon on 8/18/11. Ordered by Judge Kiyo A. Matsumoto on 8/17/2011. (Chang, Emily)
August 17, 201130Letter regarding sealed record by Apple Inc. (Hambidge, Todd)
August 17, 201129Seizure Warrant Returned Executed. Served on Janice Po Chiang on 7/27/2011. (Brucella, Michelle)
August 17, 201128Seizure Warrant Returned Executed. Served on Fulbright + Jaworski, LLP on 7/27/2011. (Brucella, Michelle)
August 17, 201127Seizure Warrant Returned Executed. Served on Jimmy Kwok on 7/27/2011. (Brucella, Michelle)
August 17, 201126Seizure Warrant Returned Executed. Served on Apple Story Inc. on 7/27/2011. (Brucella, Michelle)
August 17, 201125Seizure Warrant Returned Executed. Served on Janice Po Chiang on 7/27/2011. (Brucella, Michelle)
August 16, 201124Letter dated 8/15/2011 by Shmuel Bulka to Judge Matsumoto, requesting the unsealing of this case. (Williams-Jackson, Sandra)
August 12, 2011 Court Opinion or Order ORDER to TERMINATE HEARING. The Court has signed the proposed pretrial order 22 , and hereby cancels the show cause hearing previously scheduled for today, 8/12/2011, at 2:30 p.m. The parties shall report to Magistrate Judge Marilyn D. Go to complete discovery. Ordered by Judge Kiyo A. Matsumoto on 8/12/2011. (Chang, Emily)
August 12, 201123ADDITIONAL CONSENT TO PRELIMINARY INJUNCTION: Ordered by Judge Kiyo A. Matsumoto on 8/12/2011. (Williams-Jackson, Sandra)
August 11, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 8/11/2011 (at 3:30 p.m.). Appearances by Mark Mutterperl for plaintiff; Samuel Chuang for defendants. Counsel advised that their clients have reached an agreement on a settlement and will be promptly drafting a stipulation and settlement agreement. The next conference will be held on August 29, 2011 at 1:45 p.m. (by tel) (Abdallah, Fida)
August 11, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Discovery Hearing held on 8/11/2011. Appearances by Mark Mutterperl for plaintiff; Samuel Chuang for defendants. After discussion, the Court directed defendants to provide a list of all e-mail accounts used by defendants and to indicate which of these accounts were used for personal as opposed to business purposes. Defendants shall provide plaintiffs with the passwords to any business accounts as well as any personal accounts that were used by plaintiffs' for business purposes, but defendants are given an opportunity to brief this issue further. In any event, use of any passwords required o be disclosed shall be subject to a protective order. The parties shall further tailor the protective order proposed by plaintiff to limit use of the password and access to e-mail accounts only to plaintiff's computer forensics consultant and contain a protocol for search of the accounts and treatment of ESI obtained. (FTR: 1:01-1:27; ESR: 11/27 2084-3870.) (Abdallah, Fida)
August 11, 201122Proposed Pretrial Order for Additional Preliminary Injunction by Apple Inc. (Hambidge, Todd)
August 10, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Motion Hearing held on 8/10/2011. Appearances by Mark Mutterperl for plaintiff; Sam Chuang for defendants. Hearing on plaintiff's motion for discovery 19 continued to August 11, 2011 at 1:00 p.m. (by tel). Plaintiff must promptly identify the document requests which are likely to elicit, in part, e-mails in response. Defendants must respond to those requests by August 11, 2011 at 11:00 a.m. (FTR: 9:30-9:59; ESR: C11/25 5574 - C11/26 1174). (Abdallah, Fida)
August 9, 201121AFFIDAVIT/DECLARATION in Opposition re 2 MOTION for Temporary Restraining Order Expedited Discovery and Order to Show Cause for Preliminary Injunction filed by Apple Story Inc., Janice Po Chiang, Fun Zone Inc., Jimmy Kwok. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Chuang, Samuel)
August 9, 201120MEMORANDUM in Opposition re 11 Order on Motion for TRO filed by Apple Story Inc., Janice Po Chiang, Fun Zone Inc., Jimmy Kwok. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Chuang, Samuel)
August 9, 201119Letter MOTION for Discovery by Apple Inc., Apple Story Inc.. (Attachments: # 1 Exhibit A (Plaintiff's First Set of Interrogatories), # 2 Exhibit B (Draft Protective Order)) (Hambidge, Todd)
August 5, 201118Court Opinion or Order STIPULATION AND ORDER. Ordered by Judge Kiyo A. Matsumoto on 8/4/2011. (Brucella, Michelle)
August 5, 201117PRELIMINARY INJUNCTION. Ordered by Judge Kiyo A. Matsumoto on 8/3/2011. (Brucella, Michelle)
August 3, 201115STIPULATION on scheduling by Apple Story Inc., Janice Po Chiang, Fun Zone Inc. (Chuang, Samuel)
August 3, 201114Proposed Order for Preliminary Injunction. (Lee, Tiffeny)
August 2, 201113MOTION for Extension of Time to Complete Discovery , MOTION for Extension of Time to File , MOTION for Hearing Adjournment by Apple Story Inc., Janice Po Chiang, Fun Zone Inc.. (Attachments: # 1 Notice of Appearance) (Chuang, Samuel)
August 2, 201112NOTICE of Appearance by Samuel Joseph Chuang on behalf of Apple Story Inc., Janice Po Chiang, Fun Zone Inc. (aty to be noticed) (Chuang, Samuel)
August 2, 2011 Court Opinion or Order ORDER. With the consent of plaintiff, Apple Inc., during a telephone conference on 8/2/11 with plaintiff's counsel, Mark Mutterperl, Esq., and defendants' counsel, Samuel Chuang, Esq., the court orders that this case be unsealed, but that all documents remain under seal with access only to counsel for the parties and the court. Counsel for the defendants shall promptly enter a notice of appearance by ECF. The parties shall submit a stipulation by ECF no later than 8/3/11 regarding any agreements to extend the expiration date for the temporary restraining order, the show cause hearing (which was adjourned on consent of the parties from 8/4/11 until 8/12/11 at 2:30 p.m.), and the schedule for expedited discovery which shall be supervised by the assigned Magistrate Judge.. Ordered by Judge Kiyo A. Matsumoto on 8/2/2011. (Marziliano, August)
July 25, 201111Court Opinion or Order ORDER granting 2 Motion for TRO, authorizing EX PARTE Seizure, allowing Expedited Discovery and To Show Cause for Preliminary Injunction. Ordered by Judge Kiyo A. Matsumoto on 7/25/2011. (Bowens, Priscilla)
July 25, 201110Court Opinion or Order ORDER granting 3 Motion for Leave to File Under Seal. Ordered by Judge Kiyo A. Matsumoto on 7/25/2011. (Bowens, Priscilla)
July 25, 2011 FILING FEE: $ 350, receipt number 4653031873 (Bowens, Priscilla)
July 25, 20119DISCLOSURE of Interested Parties by Apple Inc.. (Bowens, Priscilla)
July 25, 20118DECLARATION (La Perle) by Apple Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Bowens, Priscilla)
July 25, 20117DECLARATION (Mutterperl) by Apple Inc. (Bowens, Priscilla)
July 25, 20116DECLARATION (Punderson) by Apple Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Bowens, Priscilla)
July 25, 20115DECLARATION (Ricaurte) by Apple Inc. (Attachments: # 1 exhibit A) (Bowens, Priscilla)
July 25, 20114MEMORANDUM in Support re 2 MOTION for Temporary Restraining Order Expedited Discovery and Order to Show Cause for Preliminary Injunction filed by Apple Inc.. (Bowens, Priscilla)
July 25, 20113MOTION for Leave to File Under Seal by Apple Inc.. (Bowens, Priscilla)
July 25, 20112EX PARTE MOTIONS for Seizure Order, Temporary Restraining Order, Expedited Discovery and Order to Show Cause for Preliminary Injunction by Apple Inc.. (Bowens, Priscilla)
July 25, 20111COMPLAINT against Apple Story Inc., Janice Po Chiang, Fun Zone Inc., John Does 1-50, XYZ Businesses Disclosure Statement on Civil Cover Sheet completed -no,, filed by Apple Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 consent, # 3 order, # 4 proposed order, # 5 Summons - Apple Story Inc., # 6 Summons - Fun Zone, # 7 Summons - Chiang, # 8 Summons - John Does, # 9 Summons - XYZ, # 10 front sheet) (Bowens, Priscilla)
Docket Report Last Updated: January 22, 2012 04:06:52 PST

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Plaintiff: Apple Inc.
Represented By: Todd Ryan Hambidge and Mark N. Mutterperl
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Defendant: Apple Story Inc.
Represented By: Samuel Joseph Chuang
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Defendant: Janice Po Chiang
Represented By: Samuel Joseph Chuang
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Defendant: Fun Zone Inc.
Represented By: Samuel Joseph Chuang
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Defendant: John Does 1-50
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Defendant: Jimmy Kwok
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Defendant: XYZ Businesses
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