C & L International Trading Inc. et al v. Chung Kee (USA) International Inc. et al

Defendant: Yong Long Supermarket Inc., Ron Feng Trading Inc., Fargo Trading Inc., Chung Kee (USA) International Inc., Yat Chau (USA) Inc., Tung Ren Tang and Po Wing Hong Food Market Inc.
Plaintiff: C & L International Trading Inc. and Kam Ng
Case Number: 1:2013cv02638
Filed: April 22, 2013
Court: New York Southern District Court
Office: Foley Square Office
County: Kings
Presiding Judge: Louis L. Stanton
Nature of Suit: Trademark
Cause of Action: 15:1114 Trademark Infringement
Jury Demanded By: Plaintiff

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Date Filed#Document Text
November 19, 2013 33 Opinion or Order of the Court OPINION AND ORDER re: (19 in 1:13-cv-02638-LLS) MOTION to Dismiss Plaintiff's First Amended Complaint filed by Yong Long Supermarket Inc., Ron Feng Trading Inc., Yat Chau (USA) Inc., Chung Kee (USA) International Inc., Po Wing Hong Food M arket Inc., Tung Ren Tang: Defendants' motion to dismiss the amended complaint (Dkt. No. 19) is granted with respect to count two of the amended complaint. It is denied with respect to all other counts. (Signed by Judge Louis L. Stanton on 11/18/2013) ***Filed in 13cv2638 and 13cv2763. (tn)
June 25, 2014 61 Opinion or Order of the Court OPINION AND INJUNCTION: re: (76 in 1:13-cv-02763-LLS) MOTION Proposed Order for Permanent Injunction and Seizure re: (65) Order filed by American Tibetan Health Institute, Inc. For the reasons that follow, the injunction is granted. And as set forth herein. SO ORDERED. (Signed by Judge Louis L. Stanton on 6/25/2014) (ama)
December 3, 2014 99 Opinion or Order of the Court AMENDED OPINION AND INJUNCTION: The June 25, 2014, Order and Injunction (13 Civ. 2638 (LLS) Dkt. No. 61; 13 Civ. 2763 (LLS) Dkt. No. 84) is amended to read as follows: American Tibetan Health Institute, Inc. ("ATHI") and Kam Ng both sell Ch inese herbal medicinal tea called "Tibetan Baicao Tea," packaged in substantially similar boxes. These cases are cross-suits: each side sues the other side for trademark infringement, among other claims, alleging its right to exclusive comm ercial use of the name "Tibetan Baicao Tea" and design marks found on the tea boxes. The parties do not dispute that the tea boxes bearing the disputed marks are sold in commerce, and are sufficiently similar such that the sale of both is l ikely to cause confusion among consumers. The sole dispute is which party - ATHI or Kam Ng has the right to use the disputed marks in commerce. ATHI moved to preliminarily enjoin Kam Ng from selling Tibetan Baicao Tea. All parties agreeing that the only material issues in substantial dispute were which of them had first used its marks in commerce in the United States and (if it was ATHI) whether ATHI had thereafter abandoned the marks, the hearing on that motion was consolidated with a trial on the merits under Fed. R. Civ. P. 65(a)(2). A jury trial of those two issues was held from March 24 to 27, 2014. The jury determined that ATHI was the first to use its trademarks in commerce, and did not later abandon the marks. For the reasons that follow, the injunction is granted. (See Order.) (Signed by Judge Louis L. Stanton on 12/3/2014) Filed In Associated Cases: 1:13-cv-02638-LLS, 1:13-cv-02763-LLS(ajs)

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Search for this case: C & L International Trading Inc. et al v. Chung Kee (USA) International Inc. et al
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Defendant: Yong Long Supermarket Inc.
Represented By: Philip B. Abramowitz
Represented By: Anthony Nicholas Elia, III
Represented By: David William Kloss
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Defendant: Ron Feng Trading Inc.
Represented By: Philip B. Abramowitz
Represented By: Anthony Nicholas Elia, III
Represented By: David William Kloss
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Defendant: Fargo Trading Inc.
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Defendant: Chung Kee (USA) International Inc.
Represented By: Philip B. Abramowitz
Represented By: Anthony Nicholas Elia, III
Represented By: David William Kloss
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Defendant: Yat Chau (USA) Inc.
Represented By: Philip B. Abramowitz
Represented By: Anthony Nicholas Elia, III
Represented By: David William Kloss
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Defendant: Tung Ren Tang
Represented By: Philip B. Abramowitz
Represented By: Anthony Nicholas Elia, III
Represented By: David William Kloss
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Defendant: Po Wing Hong Food Market Inc.
Represented By: Philip B. Abramowitz
Represented By: Anthony Nicholas Elia, III
Represented By: David William Kloss
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Plaintiff: C & L International Trading Inc.
Represented By: I. Frederick Shotkin
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Plaintiff: Kam Ng
Represented By: I. Frederick Shotkin
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