Whaleco Incorporated v. Arslan et al
| Whaleco Incorporated |
| Muhammad Arslan, temucouponcodes.com, temugifts.com, temudiscount.co, Unknown Parties, temucouponcode.us, temu.coupons, temuspot.shop, temuhot.store, temups.com, financecomedy.com, donefoit.info, breakthewa.com, begingifts.club, bigprizepickdraws.com, giftzheaven.cyou, yamschool.net and oukayert.store |
| 2:2023cv02549 |
| December 8, 2023 |
| US District Court for the District of Arizona |
| Douglas L Rayes |
| Property Rights: Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 5, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 SERVICE EXECUTED filed by Whaleco Incorporated: Notice of Service . (Sinha, Malvika) |
| Filing 20 NOTICE re: Notice of Deposit by Whaleco Incorporated . (Sinha, Malvika) |
| Filing 19 Summons Issued as to begingifts.club, bigprizepickdraws.com, breakthewa.com, donefoit.info, financecomedy.com, giftzheaven.cyou, oukayert.store, temu.coupons, temuhot.store, temups.com, temuspot.shop, yamschool.net. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
Filing 18
ORDER pursuant to #10 Motion for TRO, Defendants, their officers, agents, servants, employees, attorneys, and all persons in active concert or participation with them having notice of this order, shall immediately lock, disable, and cease as discussed herein. To secure this ex parte TRO, Whaleco shall deposit with the Clerk of the Court a cash bond of $1,000 within 7 days. Within 3 days of the date of this order, Whaleco shall serve Defendants with a copy of this order, the First Amended Verified Complaint, and all papers filed in support by via the email addresses listed herein. Whaleco may conduct early discovery as discussed herein. Whaleco's ex parte Motion for a TRO (Doc. #10 ) is converted into a Motion for a Preliminary Injunction. Defendants shall respond to the Motion for Preliminary Injunction by no later than 2/16/24. Whaleco may file an optional reply by no later than 2/23/24. The parties shall appear for a Preliminary Injunction hearing before Judge Douglas L. Rayes in Courtroom 606, 401 W. Washington St., Phoenix, AZ 85003 on 2/27/24, at 10:00 AM. Unless otherwise extended, this TRO will expire on 3/1/24. Signed by Judge Douglas L Rayes on 1/30/24. (DXD)
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| Filing 17 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephone Conference held on 1/16/2024 re: Plaintiff's Ex Parte Emergency Motion for Temporary Restraining Order (Doc. #10 ). Discussion held. IT IS ORDERED taking this matter under advisement. Order to issue. APPEARANCES: Telephonic appearance by Brett Heavner and Malvika Sinha for Plaintiff. No appearance for Defendant. (Court Reporter Jennifer Pancratz.) Hearing held 1:30 PM to 1:53 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) |
| Filing 16 NOTICE re: Notice of Supplemental Authority in Support of Ex Parte Emergency Motion for Temporary Restraining Order, or, in the Alternative, Motion to Amend Proposed Order by Whaleco Incorporated re: #10 MOTION for Temporary Restraining OrderMOTION for Preliminary InjunctionMOTION for Order Authorizing Alternative Service . (Attachments: #1 Exhibit Exhibits A-C)(Sinha, Malvika) |
| Filing 15 Summons Issued as to temucouponcode.us. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 14 SUMMONS Submitted by Whaleco Incorporated. (Sinha, Malvika) |
| Filing 13 *MINUTE ORDER: IT IS ORDERED that Plaintiff shall participate in a telephonic hearing regarding its ex parte motion for a temporary restraining order (Doc. #10 ) on January 16, 2024 at 1:30 PM. Call-in information will be provided via separate email. In addition to any arguments Plaintiff might wish to make, the Court requests that Plaintiff come prepared to discuss whether the Court has authority to enjoin non-party domain registrars. See Doc. 15 at 5-6 in Whaleco Incorporated v. Unknown Party, et al., No. CV-23-02343-PHX-SPL (Nov. 14, 2023); Whaleco Incorporated v. dltemuapp.com, 2023 WL 7413670, at *3 (D. Ariz. Nov. 9, 2023); Boyko v. Kondratiev, 2023 WL 5017198, at *3-4 (D. Ariz. July 14, 2023); Fornix Holdings LLC v. Unknown Party, 2022 WL 992546, at *2 (D. Ariz. Apr. 1, 2022). This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) *Modified to correct document number hearing is regarding and regenerated NEF to all parties on 1/10/2024 (NKS). |
| Filing 12 NOTICE of Filing - filed by Whaleco Incorporated. (Sinha, Malvika) |
| Filing 11 MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. An answer, amended complaint, or other pleading #8 has been filed that may include additional trademarks, patents, or copyrights allegedly violated that were not previously included. Attached to this docket entry are the required form(s) that may need to be completed by the party who filed the above document.If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to this particular case. In some cases, you may need to complete both forms. Within seven (7) days, you 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 there are no changes to the copyright, trademark, or patent information previously submitted for this case, then the party who filed the above document must file a Notice, within seven (7) days, indicating such using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. (DXD) |
| Filing 10 *MOTION for Preliminary Injunction *EX PARTE MOTION for Temporary Restraining Order, MOTION for Order Authorizing Alternative Service by Whaleco Incorporated. (Attachments: #1 Attachment Declaration of Douglas A. Rettew, #2 Exhibit Exhibit 1 to Declaration of Douglas A. Rettew, #3 Proposed Order [Proposed] Temporary Restraining Order and Order Granting Leave to Serve Defendants by Alternative Means) (Sinha, Malvika). *Modified to add motion parts on 1/10/2024 (DXD). *Modified to reflect Motion for PI only pending per Order (Doc. #18 ) on 1/30/2024 (DXD). |
| Filing 9 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Whaleco Incorporated Plaintiff's Notice of Filing of First Amended Complaint. (Attachments: #1 Exhibit A)(Sinha, Malvika) |
| Filing 8 AMENDED COMPLAINT Verified First Amended Complaint against Muhammad Arslan, Unknown Parties, temudiscount.co, temugifts.com, temucouponcode.us, temu.coupons, temuspot.shop, temuhot.store, temups.com, financecomedy.com, donefoit.info, breakthewa.com, begingifts.club, bigprizepickdraws.com, giftzheaven.cyou, yamschool.net, oukayert.store filed by Whaleco Incorporated. (Attachments: #1 Exhibit Exhibits 1-25, #2 Exhibit Exhibits 26-39) (Sinha, Malvika) *Modified text on 1/10/2024 (DXD). |
| Filing 7 Summons Issued as to Muhammad Arslan, temucouponcodes.com, temudiscount.co, temugifts.com. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 6 SUMMONS Submitted by Whaleco Incorporated. (Sinha, Malvika) |
| 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) |
| 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 5
ORDER that motions pursuant to Fed. R. Civ. P. 12(b)(1)-(3) & (6)-(7) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 12/8/23. (DXD)
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| Filing 4 Filing fee paid, receipt number AAZDC-22559610. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-23-02549-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 3 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. (submitted by Malvika Sinha) (REK) |
| Filing 2 Corporate Disclosure Statement by Whaleco Incorporated. (submitted by Malvika Sinha) (REK) |
| Filing 1 COMPLAINT. Filing fee received: $405.00, receipt number AAZDC-22559610 filed by Whaleco Incorporated. (submitted by Malvika Sinha) (Attachments: #1 Exhibit 1-15, #2 Exhibit 16-27, #3 Civil Cover Sheet)(REK) |
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