Whaleco Incorporated v. Temureviewer.com et al
| Whaleco Incorporated |
| Temureviewer.com, Xizeviu.com, Temuz.co, Temuwin.com, Gencoupons.com, Temupromos.online, Temupromos.store, Bestretailgiveaway.com, Brizy.site and Unknown Parties |
| 2:2023cv02451 |
| November 22, 2023 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| Property Rights: Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 9, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 36
Clerk's ENTRY OF DEFAULT as to Temupromos.online, Temupromos.store, Temuwin.com, Temuz.co. (CSL)
|
|
Filing 35
APPLICATION for Entry of Default by Plaintiff Whaleco Incorporated against temupromos.online, temupromos.store, temuwin.com, and temuz.co. (Attachments: #1 Attachment Declaration of Emily R. Parker, #2 Attachment Clerk's Entry of Default)(Parker, Emily)
|
|
Filing 34
NOTICE re: Service of Preliminary Injunction by Whaleco Incorporated re: #33 Preliminary Injunction,,,,,,,, . (Barker, David)
|
|
Filing 33
PRELIMINARY INJUNCTION: ORDERED that Defendants, their officers, agents, servants, employees, and attorneys, and all those in active concert or participation with them, are PRELIMINARILY ENJOINED for the pendency of this action from: 1. Using the TEMU Marks or any reproduction, counterfeit, copy or colorable imitation of the TEMU Marks for and in connection with any goods, services or their packaging, or in any domain name, including the Infringing Domain Names at issue in this case; 2. Operating the Infringing Domain Names; 3. Taking actions to transfer, sell, copy, or transmit the Infringing Domain Names from their current registrar, Namecheap, Inc., to any other registrar or to any other entity, for the purpose of circumventing or otherwise avoiding any of the prohibitions set forth in this Order; 4. Using, linking, transferring, selling, exercising control over, or otherwise owning the Infringing Domain Names or any other domain name that incorporates, in whole or in part, any of the TEMU Marks, or any domain name that is used in connection with an infringing website or page; and 5. Otherwise engaging in any course of conduct likely to cause confusion, deception, or mistake, trademark infringement, dilution, false designation of origin, cybersquatting, or unfair competition under the law of the United States and the State of Arizona. Pursuant to the Courts Order (Doc. #15 ), Whaleco shall serve this Order by: (1) sending the Order to the email addresses identified by Namecheap, Inc. for the registrants of the Infringing Domain Names; (2) sending the Order to Namecheap, Inc.'s Registrar Abuse Contact Email, abuse@namecheap.com; and (3) by hand-delivering a hard copy of the Order to Namecheap, Inc.'s corporate address, at 4600 East Washington Street, Suite 305, Phoenix, AZ 85034. The bond previously posted by Whaleco shall remain in place and continue as the bond for purposes of this preliminary injunction. No additional bond is required. See document for complete details. Signed by Judge Michael T Liburdi on 12/28/23. (EJA)
|
|
Filing 32
NOTICE re: Service of Consent Judgment by Whaleco Incorporated re: #31 Consent Judgment,,,,, . (Parker, Emily)
|
|
Filing 31
CONSENT JUDGMENT: IT IS HEREBY ORDERED AND DECREED that: 1. Defendant and his officers, agents, servants, employees, and attorneys, and all those in active concert or participation with Defendant, are PERMANENTLY ENJOINED from: a. Using the TEMU Marks or any reproduction, counterfeit, copy or colorable imitation of the TEMU Marks for and in connection with any goods, services or their packaging, or in any domain name, including the Infringing Domain Name at issue in this case; b. Operating the Infringing Domain Name; c. Taking actions to transfer, sell, copy, or transmit the Infringing Domain Name from its current registrar, Namecheap, Inc., to any other registrar or to any other entity, for the purpose of circumventing or otherwise avoiding any of the prohibitions set forth in this Order; and d. Otherwise engaging in any course of conduct likely to cause confusion, deception, or mistake, trademark infringement, dilution, false designation of origin, cybersquatting, or unfair competition under the law of the United States and the State of Arizona. 2. Defendant shall transfer the Infringing Domain Name to Whaleco within ten (10) days from the date of service of this Order, which shall be made by email addressed to Nazeer Ahamed, lucidkit@gmail.com. Signed by Judge Michael T Liburdi on 12/27/23. (EJA)
|
|
Filing 30
ORDER granting Stipulation for Entry of Consent Judgment (Doc. #22 ) filed by Plaintiff Whaleco Inc. ("Whaleco") and Defendant Doe 1, the registrant of the domain name |
|
Filing 29
Exhibit List by Whaleco Incorporated. (ESG)
|
|
Filing 28
MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Preliminary Injunction Hearing held on 12/27/2023. Discussion held. Plaintiff's Exhibits 1-22 are admitted. IT IS ORDERED granting the requested preliminary injunction. (Docs. #2 , #14 , #19 .) A separate order will issue. APPEARANCES: Attorney Emily Parker, Attorney David Barker, Attorney Anna Naydonov, and Attorney Braden Schoenlein for Plaintiff. (David Barker, Anna Naydonov and Braden Schoenlein appearing by telephone). Defendants are not present. (Court Reporter Cathy Taylor.) Hearing held 10:07 AM to 10:24 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
|
|
Filing 26
NOTICE re: Notice of Service by Whaleco Incorporated . (Parker, Emily)
|
|
Filing 25
NOTICE re: Notice of Filing Plaintiff's Proposed Findings of Fact and Conclusions of Law by Whaleco Incorporated . (Attachments: #1 Attachment Plaintiff's Findings of Fact and Conclusions of Law)(Parker, Emily)
|
|
Filing 24
STATEMENT of Plaintiff Whaleco Inc.'s Pre-Hearing Statement by Plaintiff Whaleco Incorporated. (Parker, Emily)
|
|
Filing 23
DECLARATION of Emily Parker in Support of WhaleCo, Inc.'s Request for Preliminary Injunction re: #1 Complaint by Plaintiff Whaleco Incorporated. (Attachments: #1 Exhibit 1-13)(Parker, Emily)
|
|
Filing 22
STIPULATION for Entry of Consent Judgment by Whaleco Incorporated. (Attachments: #1 Exhibit A)(Parker, Emily)
|
|
Filing 27
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of HEARING ON MOTION FOR TEMPORARY RESTRAINING ORDER proceedings held on 12/01/2023 before Judge MICHAEL T. LIBURDI. [Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 1/12/2024. Redacted Transcript Deadline set for 1/22/2024. Release of Transcript Restriction set for 3/21/2024. (RAP)
|
|
Remark: Pro hac vice motion(s) granted for Anna Naydonov on behalf of Plaintiff Whaleco Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
|
|
Remark: Pro hac vice motion(s) granted for David Okano on behalf of Plaintiff Whaleco Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
|
|
Remark: Out of state attorney Anna Naydonov terminated as counsel of record for noncompliance with admission requirements; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
|
|
Filing 21
NOTICE by Whaleco Incorporated re: #19 Order Notice of Service. (Parker, Emily)
|
|
Filing 20
TRANSCRIPT REQUEST by Whaleco Incorporated for proceedings held on 12/01/2023, Judge Michael T Liburdi hearing judge(s). (Parker, Emily)
|
|
Filing 19
ORDER SETTING PRELIMINARY INJUNCTION HEARING: The Preliminary Injunction Hearing set for December 27, 2023 at 10:00 a.m. is reaffirmed. See order for details. Signed by Judge Michael T Liburdi on 12/12/2023. (LMR)
|
|
Filing 18
NOTICE re: Notice of Service by Whaleco Incorporated . (Parker, Emily)
|
|
Filing 17
SERVICE EXECUTED filed by Whaleco Incorporated: Certificate of Service re: Summons, Complaint, Order upon Defendant registrants of the infringing domain names temureviewer.com, temuwin.com, temuz.co, temupromos.store, and temupromos.online on 12/4/2023. (Parker, Emily) Modified to correct event on 12/6/2023 (WLP).
|
|
Filing 16
NOTICE by Whaleco Incorporated re: #14 Temporary Restraining Order,,,,,,, Notice of Deposit and Posting of Bond. (Parker, Emily)
|
|
Filing 15
ORDER - For the reasons addressed on the record during the hearing on December 1, 2023, for Plaintiff Whaleco, Inc.'s Motion for Temporary Restraining Order, and good cause appearing, the Court authorizes alternative personal service of the Complaint, Summons, and all papers in this case, on the Defendant registrants of the Infringing Domain Names temureviewer.com, temuz.co, temuwin.com, temupromos.online, and temupromos.store (the "Infringing Domain Names"), subject to the provisions of this Order. See document for complete details. Signed by Judge Michael T Liburdi on 12/1/2023. (WLP)
|
|
Remark: Pro hac vice motion(s) granted for Braden Schoenlein, Alison E Ibendahl on behalf of Plaintiff Whaleco Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
|
|
Filing 14
TEMPORARY RESTRAINING ORDER - Pending the entry of a preliminary injunction, the Defendants, their officers, agents, servants, employees, and attorneys, and all those in active concert or participation with them, are TEMPORARILY RESTRAINED from: 1. Using the TEMU Marks or any reproduction, counterfeit, copy or colorable imitation of the TEMU Marks for and in connection with any goods, services or their packaging, or in any domain name, including the Infringing Domain Names at issue in this case; 2. Operating the Infringing Domain Names; 3. Taking actions to transfer, sell, copy, or transmit the Infringing Domain Names from their current registrar, Namecheap, Inc., to any other registrar or to any other entity, for the purpose of circumventing or otherwise avoiding any of the prohibitions set forth in this Order; and 4. Otherwise engaging in any course of conduct likely to cause confusion, deception, or mistake, trademark infringement, dilution, false designation of origin, cybersquatting, or unfair competition under the law of the United States and the State of Arizona. Defendants shall provide their true and correct ownership information, which has currently been concealed by the Withheld for Privacy ehf privacy service. Whaleco, Inc. shall post a bond in the amount of $1,000.00 with the Clerk of Court in accordance with Rule 67, Fed. R. Civ. P., and Local Rule of Civil Procedure 67.1, by no later than December 4, 2023. IT IS FURTHER ORDERED that this Order shall be in effect until January 2, 2024, at 11:59 p.m. (Arizona time). IT IS FINALLY ORDERED setting a Preliminary Injunction Hearing for December 27, 2023, at 10:00 a.m. (Arizona time) in Courtroom 504, 401 West Washington Street, Phoenix, Arizona 85003 before Judge Michael T. Liburdi. See document for complete details. Signed by Judge Michael T Liburdi on 12/1/2023. (WLP)
|
|
Filing 13
MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Hearing on Plaintiff's Motion for Temporary Restraining Order #2 held on 12/1/2023. Argument is presented. Separate Temporary Restraining Order to issue. Preliminary Injunction Hearing is set for 12/27/2023 at 10:00 AM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. APPEARANCES: David Barker, Alison Ibenbdahl (telephonically), David Okano (telephonically) and Brady Schoenlein for Plaintiff (telephonically). Defendants neither present nor represented by counsel. (Court Reporter Cathy Taylor.) Hearing held 10:01 AM to 10:38 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
|
|
Filing 12
NOTICE re: of Filing Proposed Order Granting Alternative Service on Defendants by Whaleco Incorporated . (Attachments: #1 Proposed Order)(Barker, David)
|
|
Filing 11
NOTICE TO FILER OF DEFICIENCY re: #10 Notice of Voluntary Dismissal - Party Only filed by Whaleco Incorporated. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney David G. Barker but submitted using the log-in and password belonging to attorney Emily R. Parker. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP)
|
|
Filing 10
NOTICE of Party Dismissal by Whaleco Incorporated. Party Gencoupons.com (a domain name), Xizeviu.com (a domain name), Bestretailgiveaway.com (a domain name) and Brizy.site (a domain name) terminated. (Parker, Emily)
|
|
Filing 9
ORDER Setting Hearing on Plaintiff Whaleco, Inc.'s Motion for Temporary Restraining Order #2 for 12/1/2023 at 10:00 AM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. Signed by Judge Michael T. Liburdi on 11/27/2023. (LMR)
|
|
Filing 8
Summons Issued as to Bestretailgiveaway.com, Brizy.site, Gencoupons.com, Temupromos.online, Temupromos.store, Temureviewer.com, Temuwin.com, Temuz.co, Xizeviu.com. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
|
|
Filing 7
NOTICE of Filing - AO 120 Report on the Filing or Determination of an Action or Appeal Regarding a Patent or Trademark filed by Whaleco Incorporated. (Barker, David) (MCO)
|
|
Filing 6
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 121)(MCO)
|
|
Filing 5
Filing fee paid, receipt number AAZDC-22514217. This case has been assigned to the Honorable Michael T Liburdi. All future pleadings or documents should bear the correct case number: CV-23-2451-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO)
|
|
Filing 4
SUMMONS Submitted by Whaleco Incorporated. (Barker, David) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(MCO)
|
|
Filing 3
Corporate Disclosure Statement by Whaleco Incorporated identifying Corporate Parent PDD Holdings Incorporated for Whaleco Incorporated. (Barker, David) (MCO)
|
|
Filing 2
MOTION for Temporary Restraining Order by Whaleco Incorporated. (Barker, David) (Attachments: #1 Proposed Order, #2 Attachment, #3 Attachment)(MCO)
|
|
Filing 1
COMPLAINT (TRO Requested). Filing fee received: $ 402.00, receipt number AAZDC-22514217 filed by Whaleco Incorporated. (Barker, David) (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(MCO)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Arizona District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
