Whaleco Incorporated v. Temu-dl.com et al
| Whaleco Incorporated |
| Temu-dl.com and Unknown Parties |
| 2:2023cv02606 |
| December 13, 2023 |
| US District Court for the District of Arizona |
| Dominic W Lanza |
| Property Rights: Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.
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| Filing 25 NOTICE re: Notice of Service by Whaleco Incorporated . (Parker, Emily) |
| Filing 24 Clerk's ENTRY OF DEFAULT as to Temu-dl.com. (REK) |
| Filing 23 APPLICATION for Entry of Default by Plaintiff Whaleco Incorporated against temu-dl.com. (Attachments: #1 Attachment, #2 Attachment)(Parker, Emily) |
| Filing 22 NOTICE re: Notice of Service by Whaleco Incorporated . (Parker, Emily) |
Filing 21
ORDER - IT IS ORDERED that Plaintiff's motion for a preliminary injunction (Doc. #5 ) is granted to the extent it seeks the same relief set forth in the TRO. IT IS FURTHER ORDERED that the TRO (Doc. #14 ) is converted to a preliminary injunction and shall remain in effect during the pendency of this case, unless otherwise ordered. IT IS FURTHER ORDERED that the preliminary injunction hearing set for January 11, 2023 is vacated. (See document for complete details). Signed by Judge Dominic W Lanza on 1/10/2024. (SLQ)
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| Filing 19 NOTICE re: Notice of Service by Whaleco Incorporated . (Parker, Emily) |
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Filing 18
ORDER - IT IS ORDERED that Plaintiff's motion (Doc. #17 ) is granted. IT IS FURTHER ORDERED that, for good cause shown, the Temporary Restraining Order (Doc. #14 ) is extended for 14 days pursuant to Federal Rule of Civil Procedure 65(b)(2). IT IS FURTHER ORDERED that the hearing set for December 29, 2023 at 10:00 AM on Plaintiff's request for a preliminary injunction is VACATED and RESET for Thursday, January 11 at 10:00 AM before the Honorable Dominic W. Lanza, in Courtroom 601. IT IS FURTHER ORDERED that the Defendants shall appear and show cause why a preliminary injunction should not issue, and file any opposition brief, by January 4, 2024. Plaintiff may file a reply by noon on January 9, 2024. (See document for complete details). Signed by Judge Dominic W Lanza on 12/21/2023. (SLQ)
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| Filing 17 First MOTION to Extend Temporary Restraining Order and Reset Preliminary Injunction Hearing by Whaleco Incorporated. (Attachments: #1 Proposed Order)(Parker, Emily) |
| Filing 20 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRO HEARING proceedings held on 12/15/2023 before Judge DOMINIC W. LANZA. [Court Reporter: Scott M. Coniam, RDR, CRR, Telephone number (602) 322-7257]. 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 1/17/2024. Redacted Transcript Deadline set for 1/29/2024. Release of Transcript Restriction set for 3/26/2024. (RAP) |
| Filing 16 NOTICE re: Notice of Service of Orders by Whaleco Incorporated . (Parker, Emily) |
| Filing 15 TRANSCRIPT REQUEST by Whaleco Incorporated for proceedings held on 12/15/2023, Judge Dominic W Lanza hearing judge(s). (Parker, Emily) |
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Filing 14
*Converted to Preliminary Injunction per Order #21 * ORDER - IT IS ORDERED that: Plaintiff's Motion for Temporary Restraining Order (Doc. #5 ) is granted in part. (See document for complete details). Signed by Judge Dominic W Lanza on 12/15/2023. (SLQ) Modified on 1/10/2024 (SLQ).
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| Filing 13 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Motion Hearing as to Plaintiff's Motion for Temporary Restraining Order (Doc. #5 ) held on 12/15/2023. Argument presented. The Court advises the parties of its intention to grant the Temporary Restraining Order in significant part and outlines which requests will be granted and which will be denied. Separate Order to issue. The Court also construes the Motion for Temporary Restraining Order as a request for early discovery and grants that request as follows: Namecheap, Inc. is directed to provide to Whaleco all contact information received from any person or entity in registering the domain name temu-dl.com, including name, physical and email address, and phone number(s) within three (3) business days from the date of service of this Order, which shall be made by hand-delivered courier or email. The Temporary Restraining Order will be in place for 14 days. IT IS ORDERED provisionally setting a Preliminary Injunction Hearing on December 29, 2023 at 10:00 a.m. In the interim, the Court anticipates Plaintiff will file an update on the service developments and a possible request to extend the Temporary Restraining Order and continue the Preliminary Injunction Hearing. APPEARANCES: David Barker, Emily Parker (in person) and David Okano (via Zoom) for Plaintiff. Defendant is not present. (Court Reporter Scott Coniam.) Hearing held 1:06 PM to 1:32 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) |
| Filing 12 NOTICE re: of Completing Alternative Service by Whaleco Incorporated re: #11 Order. (Barker, David) |
| 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) |
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Filing 11
ORDER - IT IS ORDERED that Plaintiff's motion for leave to serve by alternative means (Doc. #5 ) is granted, but the TRO motion, which is also at Doc. #5 , remains pending. IT IS FURTHER ORDERED setting a hearing on the TRO motion on December 15, 2023 at 1:00 p.m. in Courtroom 601, 401 West Washington Street, Phoenix, AZ 85003 before Judge Dominic W Lanza. The hearing will be conducted in person and/or via Zoom. Counsel shall advise the Court via e-mail (lanza_chambers@azd.uscourts.gov) no later than December 15, 2023 at 10:00 a.m. as to whether they will appear via Zoom or in person. The Court's staff will provide counsel with the Zoom link for said hearing. (See document for complete details). Signed by Judge Dominic W Lanza on 12/14/2023. (SLQ)
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Filing 10
PRELIMINARY ORDER - IT IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on March 13, 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. Signed by Judge Dominic W Lanza on 12/14/2023. (SLQ)
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| Filing 9 Summons Issued as to Temu-dl.com. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 8 Filing fee paid, receipt number AAZDC-22574862. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-23-02606-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 7 DECLARATION of Kathleen Zhang re: #5 MOTION for Temporary Restraining Order MOTION for Alternative Service by Plaintiff Whaleco Incorporated. (submitted by David Barker) (REK) |
| Filing 6 DECLARATION of David Barker re: #5 MOTION for Temporary Restraining Order MOTION for Alternative Service by Plaintiff Whaleco Incorporated. (submitted by David Barker) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(REK) |
| Filing 5 MOTION for Temporary Restraining Order, MOTION for Alternative Service by Whaleco Incorporated. (submitted by David Barker) (Attachments: #1 Proposed Order TRO, #2 Proposed Order Alternative Service) (REK) |
| Filing 4 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 David Barker) (REK) |
| Filing 3 Corporate Disclosure Statement by Whaleco Incorporated. (submitted by David Barker) (REK) |
| Filing 2 SUMMONS Submitted by Whaleco Incorporated. (submitted by David Barker) (REK) |
| Filing 1 COMPLAINT (TRO Requested). Filing fee received: $405.00, receipt number AAZDC-22574862 filed by Whaleco Incorporated. (submitted by David Barker) (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(REK) |
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