Adidas AG et al v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A"
| Adidas International Marketing B.V., Adidas America, Inc. and Adidas AG |
| The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A", magicworld99, chunhol, sale--store, flay_item, nogajoe, TIANMUMAOYI, adriansmb, business-572, og2000, baimu_store, lasuagr, agas6480, sainvh, kongwwei, Boost-Sneaker, oneplg, newcoverscustom, 1001customstore, veD50gSk1AcD, sue-phone, us2015.ohayo, onmart, Annie Trade A, duan-11, starcovercase, Parkins official boutique, 248652, cerzstore, llxin0807_1, omani8616, vpmax, sedmall, Gritusale, hiran8416, canameti.com2019, sum886ssm, hellouser22, badrameda_0, thebestproducts-3, maotengh, bvs262511-8 and Ponshteny |
| 0:2019cv61264 |
| May 20, 2019 |
| US District Court for the Southern District of Florida |
| Patrick M Hunt |
| Ursula Ungaro |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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This docket was last retrieved on July 12, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 48 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Final Default Judgment) (drz) |
| Filing 47 FINAL DEFAULT JUDGMENT in favor of Adidas America, Inc. against 1001customstore, 248652, Annie Trade A, Boost-Sneaker, Gritusale, Parkins official boutique, Ponshteny, TIANMUMAOYI, The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A", adriansmb, agas6480, badrameda_0, baimu_store, business-572, bvs262511-8, canameti.com2019, cerzstore, chunhol, duan-11, flay_item, hellouser22, hiran8416, kongwwei, lasuagr, llxin0807_1, magicworld99, maotengh, newcoverscustom, nogajoe, og2000, omani8616, oneplg, onmart, sainvh, sale--store, sedmall, starcovercase, sue-phone, sum886ssm, thebestproducts-3, us2015.ohayo, veD50gSk1AcD, vpmax, and PERMANENT INJUNCTION. Closing Case. Signed by Judge Ursula Ungaro on 7/12/2019. See attached document for full details. (drz) |
Filing 46
ORDER granting #45 Motion for Final Default Judgment. Signed by Judge Ursula Ungaro on 7/12/2019. See attached document for full details. (drz)
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| Set/Reset Answer Due Deadline: All Defendants. (drz) |
| Filing 45 Plaintiff's MOTION for Default Judgment and Memorandum of Law in Support Thereof by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V.. (Attachments: #1 Text of Proposed Order Granting Motion for Final Default Judgment, #2 Text of Proposed Order Final Judgment and Permanent Injunction, #3 Declaration of Virgilio Gigante in Support of Motion for Final Default Judgment)(Gigante, Virgilio) |
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Filing 44
ORDER requiring that Plaintiffs SHALL file a Motion for Final Default Judgment against Defendants, duly supported by affidavits and other documentation and a proposed Final Order by Thursday, July 11, 2019. Signed by Judge Ursula Ungaro on 7/1/2019. See attached document for full details. (drz)
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| Filing 43 Clerks Entry of Default as to Schedule A - Motions Terminated: #38 Motion for Clerks Entry of Default,,, Signed by DEPUTY CLERK on 7/1/2019. (dj) |
| Filing 42 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 Order of Dismissal of Defendants) (drz) |
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Filing 41
Order of Dismissal Without Prejudice of Defendant Numbers 39 and 41, sum886ssm and us2015.ohayo Signed by Judge Ursula Ungaro on 7/1/2019. See attached document for full details. (drz)
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Filing 40
ORDER granting #39 Motion to Continue. Joint Scheduling Report due by 7/26/2019. Initial Planning and Scheduling Conference set for 8/2/2019 10:30 AM before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 6/28/2019. See attached document for full details. (drz)
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| Filing 39 MOTION to Continue Initial Planning and Scheduling Conference and Extending Associated Deadline re #30 Scheduling Order,, by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V.. Responses due by 7/12/2019 (Attachments: #1 Text of Proposed Order)(Gaffigan, Stephen) |
| Filing 38 Plaintiff's MOTION for Clerks Entry of Default as to 1001customstore, 248652, Annie Trade A, Boost-Sneaker, Gritusale, Parkins official boutique, Ponshteny, TIANMUMAOYI, The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A", adriansmb, agas6480, badrameda_0, baimu_store, business-572, bvs262511-8, canameti.com2019, cerzstore, chunhol, duan-11, flay_item, hellouser22, hiran8416, kongwwei, lasuagr, llxin0807_1, magicworld99, maotengh, newcoverscustom, nogajoe, og2000, omani8616, oneplg, onmart, sainvh, sale--store, sedmall, starcovercase, sue-phone, thebestproducts-3, veD50gSk1AcD, vpmax by Adidas International Marketing B.V., Adidas AG, Adidas America, Inc.. (Attachments: #1 Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk's Entry of Default, #2 Text of Proposed Order)(Gaffigan, Stephen) |
| Filing 37 NOTICE of Voluntary Dismissal Without Prejudice of Defendant Numbers 39 and 41 by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V. (Attachments: #1 Text of Proposed Order) (Gigante, Virgilio) |
| Filing 36 CERTIFICATE OF SERVICE by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V. re #34 Order on Report and Recommendations,,,, Order on Ex Parte Motion, via Publication (Gaffigan, Stephen) |
| Filing 35 CERTIFICATE OF SERVICE by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V. re #34 Order on Report and Recommendations,,,, Order on Ex Parte Motion, upon Defendants via Electronic Mail (Gaffigan, Stephen) |
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Filing 34
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION; Adopting #27 Report and Recommendations. Certificate of Appealability: No Ruling; granting #6 Ex Parte Motion Signed by Judge Ursula Ungaro on 6/20/2019. See attached document for full details. (drz)
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| Filing 33 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Adidas International Marketing B.V., Adidas AG, Adidas America, Inc.. 1001customstore served on 6/6/2019, answer due 6/27/2019; 248652 served on 6/6/2019, answer due 6/27/2019; Annie Trade A served on 6/6/2019, answer due 6/27/2019; Boost-Sneaker served on 6/6/2019, answer due 6/27/2019; Gritusale served on 6/6/2019, answer due 6/27/2019; Parkins official boutique served on 6/6/2019, answer due 6/27/2019; Ponshteny served on 6/6/2019, answer due 6/27/2019; TIANMUMAOYI served on 6/6/2019, answer due 6/27/2019; adriansmb served on 6/6/2019, answer due 6/27/2019; agas6480 served on 6/6/2019, answer due 6/27/2019; badrameda_0 served on 6/6/2019, answer due 6/27/2019; baimu_store served on 6/6/2019, answer due 6/27/2019; business-572 served on 6/6/2019, answer due 6/27/2019; bvs262511-8 served on 6/6/2019, answer due 6/27/2019; canameti.com2019 served on 6/6/2019, answer due 6/27/2019; cerzstore served on 6/6/2019, answer due 6/27/2019; chunhol served on 6/6/2019, answer due 6/27/2019; duan-11 served on 6/6/2019, answer due 6/27/2019; flay_item served on 6/6/2019, answer due 6/27/2019; hellouser22 served on 6/6/2019, answer due 6/27/2019; hiran8416 served on 6/6/2019, answer due 6/27/2019; kongwwei served on 6/6/2019, answer due 6/27/2019; lasuagr served on 6/6/2019, answer due 6/27/2019; llxin0807_1 served on 6/6/2019, answer due 6/27/2019; magicworld99 served on 6/6/2019, answer due 6/27/2019; maotengh served on 6/6/2019, answer due 6/27/2019; newcoverscustom served on 6/6/2019, answer due 6/27/2019; nogajoe served on 6/6/2019, answer due 6/27/2019; og2000 served on 6/6/2019, answer due 6/27/2019; omani8616 served on 6/6/2019, answer due 6/27/2019; oneplg served on 6/6/2019, answer due 6/27/2019; onmart served on 6/6/2019, answer due 6/27/2019; sainvh served on 6/6/2019, answer due 6/27/2019; sale--store served on 6/6/2019, answer due 6/27/2019; sedmall served on 6/6/2019, answer due 6/27/2019; starcovercase served on 6/6/2019, answer due 6/27/2019; sue-phone served on 6/6/2019, answer due 6/27/2019; sum886ssm served on 6/6/2019, answer due 6/27/2019; thebestproducts-3 served on 6/6/2019, answer due 6/27/2019; us2015.ohayo served on 6/6/2019, answer due 6/27/2019; veD50gSk1AcD served on 6/6/2019, answer due 6/27/2019; vpmax served on 6/6/2019, answer due 6/27/2019. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service)(Gaffigan, Stephen) |
| Filing 32 CERTIFICATE OF SERVICE by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V. re #28 Order, #27 REPORT AND RECOMMENDATIONS re #6 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order and MOTION for Entry of Preliminary Injunction and Memorandum of Law in Support Thereof filed by Adidas America, Inc., Adidas Inte via Publication (Gaffigan, Stephen) |
| Filing 31 CERTIFICATE OF SERVICE by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V. re #28 Order, #27 REPORT AND RECOMMENDATIONS re #6 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order and MOTION for Entry of Preliminary Injunction and Memorandum of Law in Support Thereof filed by Adidas America, Inc., Adidas Inte upon Defendants via Electronic Mail (Gaffigan, Stephen) |
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Filing 30
ORDER SETTING INITIAL PLANNING AND SCHEDULING CONFERENCE. SCHEDULING ORDER: Joint Planning and Scheduling Report due by 6/28/2019. Initial Planning and Scheduling Conference set for 7/12/2019 10:30 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 6/5/2019. See attached document for full details. (amb) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 29 Summons Issued as to 1001customstore, 248652, Annie Trade A, Boost-Sneaker, Gritusale, Parkins official boutique, Ponshteny, TIANMUMAOYI, adriansmb, agas6480, badrameda_0, baimu_store, business-572, bvs262511-8, canameti.com2019, cerzstore, chunhol, duan-11, flay_item, hellouser22, hiran8416, kongwwei, lasuagr, llxin0807_1, magicworld99, maotengh, newcoverscustom, nogajoe, og2000, omani8616, oneplg, onmart, sainvh, sale--store, sedmall, starcovercase, sue-phone, sum886ssm, thebestproducts-3, us2015.ohayo, veD50gSk1AcD, vpmax. (cbr) |
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Filing 28
ORDER granting Plaintiffs' ore tenus Motion to Extend the Temporary Restraining Order. Signed by Magistrate Judge Patrick M. Hunt on 6/5/2019. See attached document for full details. (hhr)
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| Filing 27 REPORT AND RECOMMENDATIONS recommending granting #6 Plaintiff's Ex Parte Motion for Entry of Preliminary Injunction. Objections to R&R due by 6/19/2019 Signed by Magistrate Judge Patrick M. Hunt on 6/5/2019. See attached document for full details. (hhr) |
| Filing 26 Minute Order for proceedings held before Magistrate Judge Patrick M. Hunt: Preliminary Injunction Hearing held on 6/5/2019. Order to follow. (Digital 13:42:13) (tw) |
| Filing 25 NOTICE by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V. of E-mail Inquiries Received from Certain Defendants (Attachments: #1 Exhibit 1) (Gigante, Virgilio) |
| Filing 24 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Annie Trade A, Boost-Sneaker, Gritusale, nogajoe, Parkins official boutique, Ponshteny, TIANMUMAOYI, veD50gSk1AcD, 248652, 1001customstore, adriansmb, agas6480, badrameda_0, baimu_store, business-572, bvs262511-8, canameti.com2019, cerzstore, chunhol, duan-11, flay_item, hellouser22, hiran8416, kongwwei, lasuagr, llxin0807_1, magicworld99, maotengh, newcoverscustom, og2000, omani8616, oneplg, onmart, sainvh, sale--store, sedmall, starcovercase, sue-phone, sum886ssm, thebestproducts-3, us2015.ohayo and vpmax. (Gigante, Virgilio) |
| Filing 23 CLERK'S NOTICE of Compliance by Unsealing All Sealed Docket Entries pursuant to #22 Order (nc) |
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Filing 22
ORDER Granting #18 Motion to Unseal. The Clerk of Court SHALL UNSEAL all docket entries in this case and return those portions of the court file to the public records. Signed by Judge Ursula Ungaro on 6/3/2019. See attached document for full details. (nc)
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| Filing 21 CERTIFICATE OF SERVICE by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V. re #12 Bond, #17 Notice of Compliance, #1 Complaint, #4 Certificate of Other Affiliates/Corporate Disclosure Statement, #9 Order Referring Motion, 15 Order Setting Hearing on Motion, 16 Notice of Hearing on Motion, #8 Order on Motion to Seal, Set/Reset Hearings, #5 Plaintiff's MOTION to Seal per Local Rule 5.4 via Publication (Gaffigan, Stephen) |
| Filing 20 CERTIFICATE OF SERVICE by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V. re #1 Complaint, 16 Notice of Hearing on Motion, #8 Order on Motion to Seal, Set/Reset Hearings, #5 Plaintiff's MOTION to Seal per Local Rule 5.4 upon Defendants via Electronic Mail (Gaffigan, Stephen) |
| Filing 19 NOTICE of Filing Proposed Summons(es) by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V. (Attachments: #1 Summon(s)) (Gigante, Virgilio) |
| Filing 18 MOTION to Unseal by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V.. (Attachments: #1 Text of Proposed Order)(Gigante, Virgilio) |
| Filing 17 NOTICE of Compliance by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V. (Gigante, Virgilio) |
| Filing 16 PAPERLESS CORRECTED NOTICE of Hearing on Motion #6 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order and MOTION for Entry of Preliminary Injunction and Memorandum of Law in Support Thereof : Motion Hearing set for 6/5/2019 02:00 PM in Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. (dd) Modified on 5/24/2019 (dd). |
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Filing 15
PAPERLESS ORDER Setting Hearing on #6 Plaintiff's ex parte Motion for Entry of Preliminary Injunction. The Motion Hearing is set for 5/22/2019 at 2 p.m. in the Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. Signed by Magistrate Judge Patrick M. Hunt on 5/24/2019. (hhr)
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| Filing 14 Amended Complaint for Damages and Injunctive Relief by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V.. (Attachments: #1 Exhibit 1 to the Amended Complaint - Certificates of Registration for the adidas Marks) (Gigante, Virgilio) Modified by Unsealing Document per #22 Order on 6/4/2019 (nc). |
| Filing 13 NOTICE of Sealed Filing by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V.. (Attachments: #1 Schedule A to Complaint for Damages and Injunctive Relief) (Gigante, Virgilio) Modified by Unsealing Document per #22 Order on 6/4/2019 (nc). |
| Set/Reset Hearings **TIME CHANGE ONLY** The Preliminary Injunction Hearing is now set for 6/5/2019 at 1:30 p.m. in the Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. All previous preliminary injunction hearings are cancelled. (hhr) |
| Filing 12 Seizure Bond BOND in the amount of $10,000.00 posted by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V. Approved by Judge Ursula Ungaro (drz) |
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Filing 11
ORDER Granting #7 Ex Parte Motion for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof. Signed by Judge Ursula Ungaro on 5/22/2019. See attached document for full details. (nc) Modified by Unsealing Document per #22 Order on 6/4/2019 (nc).
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Filing 10
ORDER Granting #6 Ex Parte Motion for Entry of Temporary Restraining Order. Signed by Judge Ursula Ungaro on 5/22/2019. See attached document for full details. (nc) Modified by Unsealing Document per #22 Order on 6/4/2019 (nc).
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Filing 9
ORDER REFERRING #6 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order and MOTION for Entry of Preliminary Injunction and Memorandum of Law in Support Thereof filed by Adidas America, Inc., Adidas International Marketing B.V., Adidas AG. Motions referred to Judge Patrick M. Hunt. Signed by Judge Ursula Ungaro on 5/22/2019. See attached document for full details. (nc)
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Filing 8
ORDER Granting #5 Motion to File Under Seal. Signed by Judge Ursula Ungaro on 5/22/2019. See attached document for full details. (nc)
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| Set/Deadlines: The Parties SHALL contact Magistrate Judge PATRICK M. HUNT's chambers no later than Tuesday, May 28, 2019, to schedule a hearing, and the Parties SHALL file a Notice of Compliance with this Order by Friday, May 31, 2019. (nc) |
| Filing 7 Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V.. (Attachments: #1 Text of Proposed Order, #2 Declaration of Virgilio Gigante in Support of Ex Parte Motion for Order Authorizing Alternate Service of Process, #3 Exhibit 1 to the Declaration of Virgilio Gigante) (Gigante, Virgilio) Modified by Unsealing Document per #22 Order on 6/4/2019 (nc). |
| Filing 6 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order and MOTION for Entry of Preliminary Injunction and Memorandum of Law in Support Thereof by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V.. (Attachments: #1 Text of Proposed Order, #2 Declaration of Mia Nidia Gutierrez in Support of Plaintiffs Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction, #3 Declaration of Kathleen Burns in Support of Plaintiffs Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction, #4 Exhibit 1 - to the Declaration of Kathleen Burns, #5 Declaration of Virgilio Gigante in Support of Plaintiffs Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction, #6 Exhibit 1 to the Declaration of Virgilio Gigante, #7 Exhibit 2 to the Declaration of Virgilio Gigante) (Gigante, Virgilio) Modified by Unsealing Document per #22 Order on 6/4/2019 (nc). |
| Filing 5 Plaintiff's MOTION to Seal per Local Rule 5.4 by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V.. (Attachments: #1 Text of Proposed Order) (Gigante, Virgilio) |
| Filing 4 Corporate Disclosure Statement by Adidas AG, Adidas America, Inc., Adidas International Marketing B.V. identifying Corporate Parent adidas North America, Inc. for Adidas America, Inc. (Gigante, Virgilio) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (ar2) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ar2) |
| Filing 1 COMPLAINT for Damages and Injunctive Relief against All Defendants. Filing fees $ 400.00 receipt number 113C-11658141, filed by adidas AG, adidas America, Inc., adidas International Marketing B.V.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 to the Complaint - Certificates of Registration for the adidas Marks)(Gaffigan, Stephen) |
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