Summit Tool Company v. Vevor Corporation et al
| Summit Tool Company and Summit Tool Company doing business as Ken-Tool |
| Vevor Corporation, Wildfiore Corporation, Shanghai Sishun E-commerce Co., Ltd., Shanghai SiShun Machinery Equipment Co., Ltd, Rubao Jiao, Sanven Corporation and Does 1-5 |
| 2:2022cv02161 |
| March 31, 2022 |
| US District Court for the Central District of California |
| Andre Birotte |
| Jacqueline Chooljian |
| Steve Kim |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 32 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Consent Judgment and Permanent Injunction) (gk) |
| Filing 31 CONSENT JUDGMENT AND PERMANENT INJUNCTION by Judge Andre Birotte Jr.: It is ORDERED, ADJUDGED AND DECREED that Defendants Vevor Corporation, Wildfiore Ltd., Shanghai Sishun E-Commerce Co., Ltd., Shanghai Sishun Machinery Equipment Co., Ltd., Sanven Corporation, and Ruben Jiao (collectively "Defendants") will pay Plaintiff Summit Tool Company d/b/a Ken-Tool ("Ken-Tool") the sum of $25,000 (the "Satisfaction Amount") within three business days of executing this Consent Judgement. Provided that Defendants pay the entire $25,000 Satisfaction Amount by no later than 12/30/2022, Ken-Tool will consider the Judgement Amount to be fully satisfied. Defendants, including their affiliates, subsidiaries, divisions, officers, agents, employees, representatives, privies, successors, assigns and all those acting for them or on their behalf, or acting in concert with them directly or indirectly who receive actual notice of this Order are hereby permanently enjoined re Ken-Tool Product Design, Blue Cobra Trademark, or Blue Coating Trade Dress, etc. See document for further details. ( MD JS-6. Case Terminated ) (gk) |
| Filing 30 NOTICE OF LODGING filed Consent Judgement and Permanent Injunction re Complaint (Attorney Civil Case Opening), #1 (Attachments: #1 Consent Judgment and Permanent Injunction)(Moser, Christina) |
Filing 29
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (dbe)
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| Filing 28 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Steve Kim to Judge Andre Birotte Jr for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Jacqueline Chooljian. The case number will now reflect the initials of the transferee Judges 2:22-cv-02161 AB(JCx). (rn) |
| Filing 27 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Shanghai Sishun E-commerce Co., Ltd., Shanghai SiShun Machinery Equipment Co., Ltd (hr) |
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Filing 26
(IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE by Magistrate Judge Steve Kim. On July 27, 2022, the Court issued an Order to Show Cause why it should not dismiss this action for lack of prosecution (ECF #23 ). On August 10, 2022, Plaintiff filed a response to the Order to Show Cause (ECF #24 , #25 ). The Court deems the response satisfactory and orders the Order to Show Cause discharged.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY
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| Filing 25 RESPONSE filed by Plaintiff Summit Tool Companyto REQUEST for Clerk to Enter Default against Defendants Shanghai SiShun Machinery Equipment Co., Ltd, Shanghai Sishun E-commerce Co., Ltd. #24 , Order to Show Cause, #23 (Moser, Christina) |
| Filing 24 REQUEST for Clerk to Enter Default against Defendants Shanghai SiShun Machinery Equipment Co., Ltd, Shanghai Sishun E-commerce Co., Ltd. filed by Plaintiff Summit Tool Company. Request set for hearing on 9/14/2022 at 10:00 AM before Magistrate Judge Steve Kim. (Attachments: #1 Moser Declaration ISO Request to Enter Default) (Moser, Christina) |
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Filing 23
(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Magistrate Judge Steve Kim. The Court, on its own motion, orders Plaintiff to show cause, in writing, on or before August 10, 2022, why this action should not be dismissed for lack of prosecution. (see document for further details) (hr)
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| Filing 22 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff Summit Tool Company. (Moser, Christina) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Summit Tool Company, upon Defendant Shanghai SiShun Machinery Equipment Co., Ltd served on 6/29/2022, answer due 7/20/2022. Service of the Summons and Complaint were executed upon Sanven Corporation as general manager in compliance with California Code of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Moser, Christina) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Summit Tool Company, upon Defendant Shanghai Sishun E-commerce Co., Ltd. served on 6/29/2022, answer due 7/20/2022. Service of the Summons and Complaint were executed upon Sanven Corporation as general manager in compliance with California Code of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Moser, Christina) |
| Filing 19 PROOF OF SERVICE filed by plaintiff Summit Tool Company, Shanghai Sishun Machinery Equipment Co., Ltd. served on 06/29/2022. (Moser, Christina) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Summit Tool Company, upon Defendant Sanven Corporation served on 6/2/2022, answer due 6/23/2022. Service of the Summons and Complaint were executed upon Jane Doe, person authorized to accept service on behalf of Sanven Corporation in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Moser, Christina) |
| Filing 17 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Shanghai Sishun E-commerce Co., Ltd. (et) |
| Filing 16 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Shanghai SiShun Machinery Equipment Co., Ltd. (et) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #10 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 14 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Summit Tool Company. (Attachments: #1 Summons to SSE)(Moser, Christina) |
| Filing 13 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Defendant Sanven Corporation. (Mu, Shengmao) |
| Filing 12 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant Sanven Corporation.(Mu, Shengmao) |
| Filing 11 NOTICE of Interested Parties filed by Defendant Sanven Corporation, (Mu, Shengmao) |
| Filing 10 NOTICE of Appearance filed by attorney Shengmao Mu on behalf of Defendant Sanven Corporation (Attorney Shengmao Mu added to party Sanven Corporation (pty:dft))(Mu, Shengmao) |
| Filing 9 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (et) |
| Filing 8 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Summit Tool Company. (Moser, Christina) |
| Filing 7 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (jtil) |
| Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Rubao Jiao, Sanven Corporation, Shanghai SiShun Machinery Equipment Co., Ltd, Shanghai Sishun E-commerce Co., Ltd., Vevor Corporation and Wildfiore Corporation. (jtil) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Steve Kim. (Attachments: #1 CV11C) (jtil) |
| Filing 4 CIVIL COVER SHEET filed by Plaintiff Summit Tool Company. (Moser, Christina) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Summit Tool Company, (Moser, Christina) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Summit Tool Company. (Attachments: #1 Summons to Wildfiore Corproation, #2 Summons to Shanghai Sishun E-commerce Co., Ltd, #3 Summons to Shanghai SiShun Machinery Equipment Co., Ltd, #4 Summons to Rubao Jiao, #5 Summons to Sanven Corporation)(Moser, Christina) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33050445 - Fee: $402, filed by Plaintiff Summit Tool Company. (Attachments: #1 Exhibit 1 - 834 Registration, #2 Exhibit 2 - 142 Registration, #3 Exhibit 3 - Cease and Desist Letter) (Attorney Christina J Moser added to party Summit Tool Company(pty:pla))(Moser, Christina) |
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