Whaleco Incorporated v. dltemuapp.com et al
| Whaleco Incorporated |
| dltemuapp.com, temudl.net, temu-win.com, istemusafe.pro, temuapp.info, temumodapk.com, temu.markets and Unknown Parties |
| 2:2023cv02332 |
| November 7, 2023 |
| US District Court for the District of Arizona |
| Steven P Logan |
| Property Rights: Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 5, 2024. A more recent docket listing may be available from PACER.
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Filing 25
SERVICE EXECUTED filed by Whaleco Incorporated: Affidavit of Service re: Summons, Verified Complaint, Ex Parte Motion for TRO and Upon Notice and Hearing, Motion for Preliminary Injunction, Nov. 9, 2023 and Nov. 20, 2023 Court Orders upon temu.markets on 12/6/23. (Sinha, Malvika)
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Filing 24
LETTER re: temu.markets by Non-Party Roy Dawson. (DXD)
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Filing 23
MOTION Alternative Service Plaintiff Whaleco Inc.'s Motion for Alternative Service by Whaleco Incorporated. (Attachments: #1 Attachment Declaration of B. Brett Heavner in Support of Motion for Alternative Service, #2 Exhibit Exhibits 1-26, #3 Proposed Order)(Sinha, Malvika)
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Remark: Pro hac vice motion(s) granted for B Brett Heavner on behalf of Plaintiff Whaleco Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 22
ORDER: IT IS ORDERED that Plaintiff's Motion for Preliminary Injunction (Doc. #2 ) is granted. The TRO entered by the Court on November 9, 2023 (Doc. #15 ) is converted to a preliminary injunction and shall remain in effect during the pendency of this case, unless otherwise ordered. Signed by Judge Steven P Logan on 11/20/23. (MJW)
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Filing 21
NOTICE re: Notice of Lodging Proposed Form of Preliminary Injunction by Whaleco Incorporated . (Attachments: #1 Proposed Order)(Sinha, Malvika)
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Filing 20
ORDER: IT IS ORDERED that the Preliminary Injunction Hearing currently scheduled for November 21, 2023, at 9:00 a.m. is vacated. IT IS FURTHER ORDERED that the Motion to Appear Telephonically (Doc. #19 ) is denied as moot. Signed by Judge Steven P Logan on 11/17/23. (MJW)
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Filing 19
MOTION for Leave to Appear Motion for Leave to Appear Via Video Conference by Whaleco Incorporated. (Attachments: #1 Proposed Order)(Sinha, Malvika)
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Remark: Pro hac vice motion(s) granted for Douglas A Rettew on behalf of Plaintiff Whaleco Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 18
NOTICE by Whaleco Incorporated re: #17 Order, Notice of Deposit. (Sinha, Malvika)
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Filing 17
ORDER: IT IS ORDERED that Plaintiff shall submit a proposed form of preliminary injunction no later than November 17, 2023. IT IS FURTHER ORDERED that, by no later than November 15, 2023, Plaintiff shall post a bond in the form of a cash deposit of $1,000.00 with the Clerk of Court, in accordance with Federal Rules of Civil Procedure 67 and LRCiv. 67.1. Signed by Judge Steven P Logan on 11/14/23. (MJW)
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Filing 16
NOTICE by Whaleco Incorporated re: #15 Order on Motion for TRO,, #1 Complaint Proof of Notice of Verified Complaint, Ex Parte Emergency Motion for Temporary Restraining Order, and Related Documents. (Attachments: #1 Attachment Declaration of Malvika A. Sinha Re Proof of Notice of TRO, #2 Exhibit Exhibits 1-24)(Sinha, Malvika)
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Filing 15
ORDER granting in part #2 Motion for Temporary Restraining Order. IT IS ORDERED setting a Preliminary Injunction Hearing for 11/21/2023 at 9:00 a.m. in courtroom 501. Defendants shall have until the close of business on November 16,2023 to file any Response to Plaintiffs Motion; Plaintiff shall have until the close of business on November 20, 2023 to file any Reply in support of their Motion. If Defendants do not respond to the Motion for a TRO/PreliminaryInjunction or fail to appear at the above-scheduled hearing, the Court will deem such failure as consent to granting the motion, see LRCiv 7.2(i). Signed by Judge Steven P Logan on 11/9/23. (MJW)
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Filing 14
Corporate Disclosure Statement by Whaleco Incorporated identifying Corporate Parent PPD Holdings Inc. for Whaleco Incorporated. (Sinha, Malvika)
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Filing 13
PRELIMINARY ORDER: (1) Plaintiff(s) must file proof of service of the summons and complaint or of waiver of service with the Clerk of Court no later than 2/5/2024; (2) Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court; and (3) unless the Court orders otherwise, on February 5, 2024, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. [See attached] Signed by Judge Steven P. Logan on 11/8/2023. (RMW)
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Filing 12
Additional Attachments to Main Document re: #1 Complaint Civil Cover Sheet by Plaintiff Whaleco Incorporated. (Sinha, Malvika) *Modified linkage on 11/9/2023 (DXD).
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Filing 11
NOTICE re: Notice of Supplemental Authority by Whaleco Incorporated . (Attachments: #1 Exhibit 1)(Sinha, Malvika)
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Filing 10
NOTICE re: of Lodging Proposed Temporary Restraining Order by Whaleco Incorporated re: #2 MOTION for Temporary Restraining Order . (Attachments: #1 Proposed Order)(Sinha, Malvika)
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Filing 9
Summons Issued as to dltemuapp.com, istemusafe.pro, temu-win.com, temu.markets, temuapp.info, temudl.net, temumodapk.com. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Filing 8
NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Whaleco Incorporated. (MCO)
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Filing 7
NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Whaleco Incorporated. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: PLEASE file Civil Cover Sheet. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO)
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Filing 6
NOTICE of Filing - AO 120 Report on the Filing or Determination of an Action or Appeal Regarding a Copyright filed by Whaleco Incorporated. (Sinha, Malvika) (MCO)
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Filing 5
MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms.Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading. (Attachments: #1 AO 120)(MCO)
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Filing 4
Filing fee paid, receipt number AAZDC-22466017. This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-23-2332-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO)
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Filing 3
SUMMONS Submitted by Whaleco Incorporated. (Sinha, Malvika) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(MCO)
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Filing 2
EX PARTE MOTION for Temporary Restraining Order and, Upon Notice and Hearing, Motion for Preliminary Injunction Oral Argument Requested by Whaleco Incorporated. (Sinha, Malvika) (Attachments: #1 Exhibit)(MCO)
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Filing 1
VERIFIED COMPLAINT (TRO Requested). Filing fee received: $ 402.00, receipt number AAZDC-22466017 filed by Whaleco Incorporated. (Sinha, Malvika) (Attachments: #1 Exhibit 1-11, #2 Exhibit 12-13)(MCO)
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