NIGHT OWL SP, LLC v. DONGGUAN AUHUA ELECTRONICS CO., LTD. et al
| NIGHT OWL SP, LLC |
| DONGGUAN AUHUA ELECTRONICS CO., LTD. and Jun Li |
| 2:2019cv00109 |
| February 22, 2019 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Trademark |
| 15 U.S.C. § 0044 |
| None |
Docket Report
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Filing 39
OPINION AND ORDER. Plaintiff's Renewed Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 15) is: GRANTED in part as follows: 1)The USPTO is DIRECTED to immediately cancel U.S. Registration Nos. 5,692,832, 5,692,833, and 5,693,172; 2)The Clerk of the Court is DIRECTED to certify this Order to the Director of the USPTO in accordance with 15 U.S.C. 1119; 3) Defendants Dongguan Auhua Electronics Co., Ltd. and Jun Li (including each of their agents, officers, employees, representatives, successors, assigns, and all other persons acting for, with, by, through or under authority of Defendants, or in concert or participation with them, in accordance with Federal Rule of Civil Procedure 65) are RESTRAINED, ENJOINED, AND PROHIBITED FROM: a)Manufacturing, distributing, marketing, advertising, promoting, transporting, disposing of, selling, offering for sale, or otherwise distributing any good or product that uses any of Night Owl's registered or unregistered trademarks, including the NIGHT OWL word mark and Night Owl's design marks (the "Marks"), or to any mark that is confusingly similar to any of the foregoing; b)Hosting, acting as Internet Service Provider for, operating, or using any website to advertise, offer for sale, or sell any products bearing any of Night Owl's registered or unregistered trademarks, or linking to any website or web content to any such website; c) Using any email address, email list, electronic bulletin board, listserv, etc., to offer for sale or sell any merchandise bearing Night Owl's registered or unregistered trademarks; d)Falsely stating or implying Night Owl's endorsement, support, or approval of Defendants' merchandise or engaging in any act or series of acts which, either alone or in combination, constitute unfair methods of competition with Night Owl, and from otherwise interfering with or injuring Night Owl's Marks or the goodwill associated therewith; e)Representing or implying that Defendants are in any way sponsored by or affiliated with, or have been endorsed, approved, or licensed by Night Owl;f)Secreting, destroying, altering, removing, or otherwise dealing with merchandise bearing Night Owl's Marks, or any books or records of any type that contain any information relating to the manufacturing, producing, importing, exporting, distributing, circulating, selling, marketing, offering for sale, advertising, promoting, or displaying of merchandise that infringes Night Owl's Marks; g)Effecting assignments or transfers, forming new entities or associations, or using any other device to circumvent or otherwise avoid the prohibitions set forth herein; h)Selling or transferring ownership or control of Dongguan Auhua Electronics Co., Ltd., U.S. Trademark Registrations 5,692,832, 5,692,833, and 5,693,172, and www.dgauhua.com to any third party; and I)Assisting, inducing, aiding, or abetting any other person or business entity in engaging in or performing any of the activities referred to in paragraphs (a) through (h). 4)Defendants are ORDERED to provide a copy of this Order to each of their agents, officers, employees, representatives, successors, assigns, and all other persons acting for, with, by, through, or under Defendants' authority, or in concert or participation with them with respect to the issues involved in this litigation. 5) This Order will expire as to Defendant Jun Li after ten days, but Li may continue to be bound by its terms as an officer of Dongguan Auhua Electronics Co., Ltd. 6)Night Owl is ORDERED to post a bond in the amount of $10,000.000. Signed by Judge Paul A. Magnuson on 4/10/2019. (MLS)
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| Filing 38 TRANSCRIPT of Preliminary Injunction Hearing held on 4/9/19 before Judge Magnuson. Court Reporter/Transcriber Susan Baker,Telephone number 239-461-2064. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 5/1/2019, Redacted Transcript Deadline set for 5/13/2019, Release of Transcript Restriction set for 7/9/2019. (SB) |
| Filing 37 REGISTRY MONIES received by NIGHT OWL SP, LLC in the amount of $ 10,000.00; Receipt # FtM013623. (RMT) |
| Filing 36 Minute Entry. Proceedings held before Judge Paul A. Magnuson: Preliminary Injunction Hearing held on 4/9/2019. Court Reporter: Susan C. Baker (WRW) |
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Filing 35
ENDORSED ORDER granting Motion for Leave to Bring Items Covered by M.D. Fla. L. R. 4.11(b) as Real and Demonstrative Evidence for Use at Hearing (Doc. 33) for the hearing scheduled for April 9, 2019, at 10:00 a.m. Signed by Judge Paul A. Magnuson on 4/3/2019. (NMC)
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Filing 34
ENDORSED ORDER granting Plaintiff Night Owl SP, LLC's Motion for Leave to Bring Personal Electronic Devices into the Courthouse (Doc. 30) for the hearing scheduled for April 9, 2019, at 10:00 a.m. Signed by Judge Paul A. Magnuson on 4/3/2019. (NMC)
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| Filing 33 MOTION to allow electronic equipment, specifically cameras, DVR, video surveillance, alarm sensors, cables as demonstrative evidence by NIGHT OWL SP, LLC. (Rodriguez-Taseff, Lida) |
| Filing 32 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Miscellaneous hearing previously scheduled for 04/09/19 is rescheduled. New hearing time: Miscellaneous Hearing re: #15 Motion for temporary restraining order and Preliminary Injunction set for 4/9/2019 at 10:00 AM in Ft. Myers Courtroom 5 D before Judge Paul A. Magnuson. (laf) |
| Filing 31 NOTICE by NIGHT OWL SP, LLC re 29 Notice of rescheduling hearing (courtroom only) - NOTICE OF FILING IN FURTHER SUPPORT AND ANTICIPATION OF HEARING (Attachments: #1 Supplement (Bench Memorandum Of Law In Further Support and Anticipation Of Hearing On Motion For Preliminary Injunction), #2 Affidavit (Supplemental Declaration of David DiLoreto), #3 Affidavit (Declaration of Scott J. Palmer))(Rodriguez-Taseff, Lida) |
| Filing 30 MOTION to allow electronic equipment, specifically laptop computers; non-attorney cell phones; and power supplies by NIGHT OWL SP, LLC. (Rodriguez-Taseff, Lida) |
| Filing 29 NOTICE OF RESCHEDULING HEARING (AS TO COURTROOM ONLY): Hearing re: #15 MOTION for temporary restraining order and Preliminary Injunction set for 4/9/2019 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Paul A. Magnuson. (DH) |
| Filing 28 AFFIDAVIT of Lida Rodriguez-Taseff re: #19 Order on Motion for Temporary Restraining Order by NIGHT OWL SP, LLC. (Attachments: #1 Exhibit A, Translated Documents, #2 Exhibit B, Declaration of Yichen Liu, #3 Exhibit C, Declaration of Zhengqiu Zhang)(Rodriguez-Taseff, Lida) |
| Filing 27 CERTIFICATE of service by NIGHT OWL SP, LLC re 20 Notice of hearing, #26 Summons issued, #7 Memorandum in support, #23 Order on Motion for Miscellaneous Relief, #19 Order on Motion for Temporary Restraining Order, #15 MOTION for temporary restraining order and Preliminary Injunction and Declaration and Written Certification of Lida Rodriguez-Taseff Pursuant to Rule 65(b)(1)(B) of the Federal Rules of Civil Procedure, #16 Notice to take judicial notice, #24 Amended Complaint, #18 MOTION for miscellaneous relief, specifically for an order authorizing alternative service of process on Defendants Dongguan Auhua Electronics Co., Ltd. and Defendant JUN LI served upon Defendant Dongguan Auhua Electronics Co., Ltd.. (Rodriguez-Taseff, Lida) |
| Filing 26 SUMMONS issued as to DONGGUAN AUHUA ELECTRONICS CO., LTD. (RMT) |
| Filing 25 PROPOSED summons to be issued by NIGHT OWL SP, LLC. (Rodriguez-Taseff, Lida) |
| Filing 24 AMENDED COMPLAINT VERIFIED FOR DAMAGES AND INJUNCTIVE RELIEF against DONGGUAN AUHUA ELECTRONICS CO., LTD., Jun Li filed by NIGHT OWL SP, LLC. (Attachments: #1 Exhibit A)(Rodriguez-Taseff, Lida) |
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Filing 23
ORDER that Plaintiff Night Owl SP, LLC's #18 Application for Order Authorizing Alternate Service of Process on Defendant Pursuant to Federal Rule of Civil Procedure 4(f)(3) is GRANTED in part and DENIED in part. Night Owl's request to serve Defendants Dongguan Auhua Electronics Co., Ltd. and Jun Li by email is DENIED; Night Owl's request to serve Auhua by delivery of the summons and complaint to the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office is GRANTED. Night Owl is DIRECTED to file proof of service sufficient to show compliance with 15 U.S.C. 1051(e) and all applicable regulations; and Night Owl's request to serve Li by delivery of the summons and complaint to the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office is DENIED. Signed by Judge Sheri Polster Chappell on 3/15/2019. (DH)
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| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement re #10 Interested persons order by NIGHT OWL SP, LLC. (Rodriguez-Taseff, Lida) |
| Filing 21 NOTICE of pendency of related cases per Local Rule 1.04(d) by NIGHT OWL SP, LLC. Related case(s): Yes (Rodriguez-Taseff, Lida) |
| Filing 20 NOTICE of hearing: re: #15 MOTION for temporary restraining order and Preliminary Injunction and Declaration and Written Certification of Lida Rodriguez-Taseff Pursuant to Rule 65(b)(1)(B) of the Federal Rules of Civil Procedure Motion Hearing set for 4/9/2019 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. (LMF) |
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Filing 19
ORDER denying in part #15 Plaintiff Night Owl SP, LLC's Renewed Motion for Temporary Restraining Order and Preliminary Injunction and Declaration and Written Certification of Lida Rodriguez-Taseff Pursuant to Rule 65(b)(1)(B) of the Federal Rules of Civil Procedure. Night Owl's request for an ex parte temporary restraining order is DENIED. The Court will hold a hearing on Night Owl's request for a preliminary injunction on April 9, 2019, at 9:30 a.m. in Courtroom 5 of the United States Courthouse and Federal Building, 2110 First Street, Fort Myers, FL 33901. Night Owl is ORDERED to make diligent efforts to serve Defendants with process and notify them of the hearing as soon as possible, and to notify the Court of the status of its efforts in writing on March 26, 2019. Signed by Judge Sheri Polster Chappell on 3/7/2019. (LMF)
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| Filing 18 MOTION for miscellaneous relief, specifically for an order authorizing alternative service of process on Defendants Dongguan Auhua Electronics Co., Ltd. and Defendant JUN LI by NIGHT OWL SP, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Rodriguez-Taseff, Lida) |
| Filing 17 NOTICE by NIGHT OWL SP, LLC re #15 MOTION for temporary restraining order and Preliminary Injunction and Declaration and Written Certification of Lida Rodriguez-Taseff Pursuant to Rule 65(b)(1)(B) of the Federal Rules of Civil Procedure (Attachments: #1 Text of Proposed Order)(Rodriguez-Taseff, Lida) |
| Filing 16 NOTICE to the Courts to take judicial notice regarding #15 MOTION for temporary restraining order and Preliminary Injunction and Declaration and Written Certification of Lida Rodriguez-Taseff Pursuant to Rule 65(b)(1)(B) of the Federal Rules of Civil Procedure and Notice of Filing by NIGHT OWL SP, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rodriguez-Taseff, Lida) |
| Filing 15 MOTION for temporary restraining order and Preliminary Injunction and Declaration and Written Certification of Lida Rodriguez-Taseff Pursuant to Rule 65(b)(1)(B) of the Federal Rules of Civil Procedure by NIGHT OWL SP, LLC. (Rodriguez-Taseff, Lida) |
| ***PRO HAC VICE FEES paid by attorney Tamar Duvderani, John Guaragna, appearing on behalf of NIGHT OWL SP, LLC (Filing fee $300 receipt number FtM013511.) Related document: #12 MOTION for John Guaragna to appear pro hac vice, #4 MOTION for Tamar Duvdevani to appear pro hac vice. (RMT) |
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Filing 14
ORDER denying without prejudice #6 Plaintiff Night Owl SP, LLC's Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Sheri Polster Chappell on 3/4/2019. (LMF)
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Filing 13
ORDER granting #12 Plaintiff's Motion to Appear Pro Hac Vice on Behalf of John M. Guaragna, Esquire, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney John M. Guaragna may appear pro hac vice on behalf of Plaintiff. Signed by Magistrate Judge Douglas N. Frazier on 3/4/2019. (APH)
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| Filing 12 MOTION for John Guaragna to appear pro hac vice by NIGHT OWL SP, LLC. (Attachments: #1 Exhibit A, Special Admission Attorney Certification)(Rodriguez-Taseff, Lida) Motions referred to Magistrate Judge Unassigned Magistrate. |
| Filing 11 Trademark Report sent to Alexandria, VA. (kma) |
| Filing 10 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 3/14/2019. Signed by All Divisional Judges on 2/28/2019. (WRW) |
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Filing 9
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 3/14/2019. Signed by Judge Sheri Polster Chappell on 2/28/2019. (WRW)
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| Filing 8 NOTICE by NIGHT OWL SP, LLC re #6 MOTION for temporary restraining order Ex Parte and Preliminary Injunction (Attachments: #1 Text of Proposed Order)(Rodriguez-Taseff, Lida) |
| Filing 7 MEMORANDUM in support re #6 Motion for temporary restraining order filed by NIGHT OWL SP, LLC. (Attachments: #1 Exhibit Declaration in Support of Plaintiff's Ex Parte Application)(Rodriguez-Taseff, Lida) |
| Filing 6 MOTION for temporary restraining order Ex Parte and Preliminary Injunction by NIGHT OWL SP, LLC. (Rodriguez-Taseff, Lida) |
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Filing 5
ORDER granting #4 Plaintiff's Motion to Appear Pro Hac Vice on Behalf of Tamar Duvdevani, Esquire, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Tamar Duvdevani may appear pro hac vice on behalf of Plaintiff. Signed by Magistrate Judge Douglas N. Frazier on 2/27/2019. (APH)
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| Filing 4 MOTION for Tamar Duvdevani to appear pro hac vice by NIGHT OWL SP, LLC. (Attachments: #1 Exhibit A, Attorney Certification for Tamar Duvdevani, #2 Text of Proposed Order)(Rodriguez-Taseff, Lida) Motions referred to Magistrate Judge Unassigned Magistrate. |
| Filing 3 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 2/25/2019. (RMT) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Unassigned Magistrate. New case number: 2:19-cv-109-FtM-38UAM. (SJB) |
| Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against DONGGUAN AUHUA ELECTRONICS CO., LTD., Jun Li (Filing fee $ 400 receipt number 113A-15163438) filed by NIGHT OWL SP, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet)(Rodriguez-Taseff, Lida) |
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