TAYLOR MADE GOLF COMPANY, INC. et al v. The Individuals, Business Entities, and Unincorporated Associations
| TAYLOR MADE GOLF COMPANY, INC., ACUSHNET COMPANY, CALLAWAY GOLF COMPANY, ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD., KARSTEN MANUFACTURING CORPORATION and PARSONS XTREME GOLF, LLC |
| The Individuals, Business Entities, and Unincorporated Associations, adymyshophome.shop, alaskab.co, allisones.shop, alteritalter.shop, aofcho.com, besttaylormade.xyz, dewalepro.shop, sapphireorbit.com, venuefrigate.com, guestmyshophome.shop, agjshop.com, calvp.com, soarrow.com, angelasiah.shop, bfdesale.shop, bittlyaso.shop, classicines.shop, clhces.club, demorestores.shop, dreamlifehome.shop, harines.shop, hoardselling.shop, maryes.club, maybestore.shop, mistores.club, mistorvv.shop, susanes.club, xiaoheippd.shop, kittysgolf.shop, mondayins.shop, rinteris.shop, sktbiggolf.shop, somelies.shop, someline.shop, mmotek.shop, aucrab.co, azdshop.com, bags2020s.com, base-area.site, golfstore.atiiude.com, taylormadegive.xyz, callawaymart.com, callawayuac.com, casualigee.com, cookutens.xyz, defensee.top, nowdayser.shop, wodbuyer.shop, dirtsurfer.ca, egjoqshop.com, elliarpin.com, exceenllt.shop, freemaller.top, goldenmana.top, golf-sporting.com, heartlanddeal.com, hepburne.com, ipfurniture.shop, lcyhqmail.com, liikemart.com, lookmm.shop, matecolor.store, ngkkr.com, noaishop.com, ponnne.com, roylafave.shop, rzctsc.com, golfclubsdirectnow.com, sportgolf.cc, streamcellar.com, slmbet.com, smileluck.shop, stosshop.com, taylgolf.com, taylormadeproduct.cc, taylormadeproduct.top, taylormadewelfare.shop, tefjx.shop, tienstores.com, tyoutlet.xyz, us.skyphorn.com, us.thismes.com, wassaile.com, worldwidegolf.xyz, xdiscountshop.shop, fiza._75, rafi_6220, golfmakers, mazurn, 100% cotton t-shirt aw store, 100% cotton t-shirts uu store, 101sp store, 58888888 store, aagolf store, bizgolf store, bravosport store, cheng xi 8866 store, chuangxindian store, cotton 100% men tshirt store, cotton t-shirt i store, cotton t-shirts a store, cotton t-shirts l store, de zhou de sheng yi bo store, dksports store, dustin jf store, fans club-golf store, gksky store, golden putting green store, golden-elephant e-commerce store, golf-top-sports store, golfwear store, good loft store, hatsky store, honmagolf store, itya store, jikyy store, mrfitting store, pamanagolf store, professional-sport-2 store, shannongolf store, shop5187017 store, shop5255059, shop5400015 store, shop5439006 store, shop5633232 store, shop5793282 store, shop5952138 store, shop910320060 store, shop910457094 store, shop910723026 store, shop910921021 store, shop911044019 store, ssstars store, sufree store, supergolf store, sweaty store, topnotch store, top-sports-golf store, tq1985 store, upscale store, volatilization store, vvan store, well,well store, xiaoruirui store, cindygolfzone, dagu020, davidgolf, dugutx, fidget5, fidget7, fightgolf66, gaara_akira, golfoutdoor, golfstore66, golfstore88, gudusheng, hmnike, htb520, liuyangout, longming06, qq17611478602, rainshine, shuangyin001, sun5931, sxiuc, tanggolf, topemart2020, ulovehome, vlonevip7, yigu006, youmiao, yuanmu23, yuiji, yunlanzong, yushui11, zhongfusport, yohi wenore, biger orange, caoying50509, coopg, crosscom, czxl, gaolanhao8442, guisuoyan45643, jiayuting5699, kaminari burger, kjgiuou, lichunyan1159, limengying6337, linzhikang668, lisuan7672, luokun0047, niuyingying8538, panshuang6713, princess nc, suetykjkvs, tanqinghua9217, timebayle, ufvo993, wandongming3300, wanglixin5778, wanliudanquan, wuyongpeng9536, xuandiyam, yangyiran store, yaojinhang3874, yintingting4586, yueraoz, zhangyimin1102 and zssstores |
| 0:2022cv61038 |
| June 2, 2022 |
| U.S. District Court for the Southern District of Florida |
| Raag Singhal |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
This docket was last retrieved on July 13, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 27
ORDER Granting #8 Plaintiff's Application for Entry of Preliminary Injunction. Signed by Judge Raag Singhal on 7/14/2022. See attached document for full details. (cds)
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| Filing 26 PAPERLESS Minute Entry for proceedings held before Judge Raag Singhal: Motion Hearing held on 7/13/2022 re #8 Plaintiff's EX PARTE MOTION Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law In Support Thereof filed by KARSTEN MANUFACTURING CORPORATION, ROGER CLEVELAND GOLF COMPANY, INC., ACUSHNET COMPANY, PARSONS XTREME GOLF, LLC, Sumitomo Rubber Industries, Ltd., CALLAWAY GOLF COMPANY, TAYLOR MADE GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD. Total time in court: 15 minutes. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez, Court Reporter: Karl Shires, 954-769-5496 / [email protected]. (pls) |
| Filing 25 AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by KARSTEN MANUFACTURING CORPORATION, CALLAWAY GOLF COMPANY, PARSONS XTREME GOLF, LLC, ACUSHNET COMPANY, ROGER CLEVELAND GOLF COMPANY, INC., TAYLOR MADE GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD.. (Attachments: #1 Exhibit 1 to Amended Complaint Certificates of Registration for the Taylor Made Trademarks, #2 Exhibit 2 to Amended Complaint Certificates of Registration for the Acushnet Trademarks, #3 Exhibit 3 to Amended Complaint Certificates of Registration for the Callaway Golf Trademarks, #4 Exhibit 4 to Amended Complaint Certificates of Registration for the Roger Cleveland Golf Trademarks, #5 Exhibit 5 to Amended Complaint Certificates of Registration for the Karsten Trademarks, #6 Exhibit 6 to Amended Complaint Certificates of Registration for the PXG Trademarks)(Gaffigan, Stephen) |
| Filing 24 CERTIFICATE OF SERVICE by ACUSHNET COMPANY, CALLAWAY GOLF COMPANY, KARSTEN MANUFACTURING CORPORATION, PARSONS XTREME GOLF, LLC, ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD., TAYLOR MADE GOLF COMPANY, INC. re #18 Order on Ex Parte Motion, #8 Plaintiff's EX PARTE MOTION Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law In Support Thereof, #17 Plaintiff's EX PARTE MOTION to Extend Temporary Restraining Order and Continue Hearing Scheduled for June 24, 2022 in Connection with the Motion for Preliminary Injunction , #11 Order on Ex Parte Motion, #1 Complaint,,, upon Defendants via Registrar (Gaffigan, Stephen) |
| Filing 23 CERTIFICATE OF SERVICE by ACUSHNET COMPANY, CALLAWAY GOLF COMPANY, KARSTEN MANUFACTURING CORPORATION, PARSONS XTREME GOLF, LLC, ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD., TAYLOR MADE GOLF COMPANY, INC. re 5 Order,,, #15 Bond, #14 Sealed Document, #18 Order on Ex Parte Motion, #9 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, #3 Form AO 120/121, 10 Order on Motion to Seal, #8 Plaintiff's EX PARTE MOTION Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law In Support Thereof, #17 Plaintiff's EX PARTE MOTION to Extend Temporary Restraining Order and Continue Hearing Scheduled for June 24, 2022 in Connection with the Motion for Preliminary Injunction , #11 Order on Ex Parte Motion, #7 Plaintiff's MOTION to Seal per Local Rule 5.4, 2 Clerk's Notice of Judge Assignment, #13 Sealed Document, #1 Complaint,,, #12 Order on Ex Parte Motion, #6 Certificate of Other Affiliates/Corporate Disclosure Statement,, 4 Notice of Court Practice/to Appear/Other,,,,,,,,, upon Defendants via website posting (Gaffigan, Stephen) |
| Filing 22 NOTICE by ACUSHNET COMPANY, CALLAWAY GOLF COMPANY, KARSTEN MANUFACTURING CORPORATION, PARSONS XTREME GOLF, LLC, ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD., TAYLOR MADE GOLF COMPANY, INC. re #18 Order on Ex Parte Motion, 10 Order on Motion to Seal, #11 Order on Ex Parte Motion, #1 Complaint,,, upon Defendants via Electronic Mail (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) |
| Filing 21 CLERK'S NOTICE of Compliance by Unsealing documents #8 , #9 , #11 , #12 , #13 , #14 , #16 , #17 & #18 pursuant 20 Order. (kpe) |
Filing 20
PAPERLESS ORDER granting #19 Motion. The Clerk of Court is directed to unseal all docket entries in this case and return those portions of the Court file to the public records. Signed by Judge Raag Singhal on 7/11/2022. (pls)
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| Filing 19 Plaintiff's MOTION to Unseal by ACUSHNET COMPANY, CALLAWAY GOLF COMPANY, KARSTEN MANUFACTURING CORPORATION, PARSONS XTREME GOLF, LLC, ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD., TAYLOR MADE GOLF COMPANY, INC.. (Attachments: #1 Text of Proposed Order)(Gigante, Virgilio) |
Filing 18
ORDER EXTENDING TEMPORARY RESTRAINING ORDER AND CONTINUING HEARING. ORDER granting #17 Ex Parte Motion. Prelinjhrg Telephonic Hearing set for 7/13/2022 04:45 PM before Judge Raag Singhal. Signed by Judge Raag Singhal on 6/23/2022. See attached document for full details. (amb) Modified by Unsealing document on 7/11/2022 pursuant to DE 20 Order (kpe).
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| Filing 17 Plaintiff's EX PARTE MOTION to Extend Temporary Restraining Order and Continue Hearing Scheduled for June 24, 2022 in Connection with the Motion for Preliminary Injunction by ACUSHNET COMPANY, CALLAWAY GOLF COMPANY, KARSTEN MANUFACTURING CORPORATION, PARSONS XTREME GOLF, LLC, ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD., TAYLOR MADE GOLF COMPANY, INC.. (Attachments: #1 Text of Proposed Order, #2 Declaration of Virgilio Gigante in Support Thereof) (Gigante, Virgilio) Modified by Unsealing document on 7/11/2022 pursuant to DE 20 Order (cds). |
| Filing 16 Summonses issued as to adymyshophome.shop and all other Defendants identified in Schedule A. (kpe) Modified by Unsealing document on 7/11/2022 pursuant to DE 20 Order(kpe). |
| Filing 15 PLAINTIFFS' NOTICE OF FILING Seizure Bond in the amount of $10,000.00 posted by ACUSHNET COMPANY, CALLAWAY GOLF COMPANY, KARSTEN MANUFACTURING CORPORATION, PARSONS XTREME GOLF, LLC, ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD., TAYLOR MADE GOLF COMPANY, INC. Approved by Judge Raag Singhal (cds) |
| Filing 14 NOTICE of Filing Proposed Summonses Under Seal by ACUSHNET COMPANY, CALLAWAY GOLF COMPANY, KARSTEN MANUFACTURING CORPORATION, PARSONS XTREME GOLF, LLC, ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD., TAYLOR MADE GOLF COMPANY, INC.. (Attachments: #1 Summon(s)) (Gigante, Virgilio) Modified text on 6/16/2022 (kpe). Modified by Unsealing document on 7/11/2022 pursuant to DE 20 Order (cds). |
| Filing 13 NOTICE of Sealed Filing Schedule A by ACUSHNET COMPANY, CALLAWAY GOLF COMPANY, KARSTEN MANUFACTURING CORPORATION, PARSONS XTREME GOLF, LLC, ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD., TAYLOR MADE GOLF COMPANY, INC.. (Attachments: #1 Schedule "A" to Complaint for Damages and Injunctive Relief) (Gigante, Virgilio) Modified text on 6/16/2022 (kpe). Modified by Unsealing document on 7/11/2022 pursuant to DE 20 Order(kpe). |
Filing 12
ORDER AUTHORIZING ALTERNATE SERVICE OF PROCESS ON DEFENDANTS UNDER FEDERAL RULE OF CIVIL PROCEDURE 4(f)(3). ORDER granting #9 Ex Parte Motion. Signed by Judge Raag Singhal on 6/7/2022. See attached document for full details. (amb) Modified by Unsealing document 7/11/2022 pursuant to DE 20 Order (cds).
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Filing 11
ORDER GRANTING EX PARTE APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER. ORDER granting #8 Ex Parte Motion. Prelinjhrg Telephonic Hearing set for 6/24/2022 04:00 PM before Judge Raag Singhal. Signed by Judge Raag Singhal on 6/7/2022. See attached document for full details. (amb) Modified by Unsealing document on 7/11/2022 pursuant to DE 20 Order. (kpe)
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Filing 10
PAPERLESS ORDER granting #7 Motion to Seal. Signed by Judge Raag Singhal on 6/7/2022. (pls)
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| Filing 9 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 ACUSHNET COMPANY, CALLAWAY GOLF COMPANY, KARSTEN MANUFACTURING CORPORATION, PARSONS XTREME GOLF, LLC, ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD., TAYLOR MADE GOLF COMPANY, INC.. (Attachments: #1 Text of Proposed Order, #2 Declaration of Virgilio Gigante in Support Thereof, #3 Exhibit 1 to the Declaration of Virgilio Gigante) (Gigante, Virgilio) Modified Unsealing Document Pursuant on 7/11/2022 pursuant to DE 20 Order (cds). |
| Filing 8 Plaintiff's EX PARTE MOTION Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law In Support Thereof by ACUSHNET COMPANY, CALLAWAY GOLF COMPANY, KARSTEN MANUFACTURING CORPORATION, PARSONS XTREME GOLF, LLC, ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD., TAYLOR MADE GOLF COMPANY, INC.. (Attachments: #1 Text of Proposed Order, #2 Declaration of Sami Havens in Support Thereof, #3 Declaration of Lisa Rogan in Support Thereof, #4 Declaration of Daryl Rocco in Support Thereof, #5 Declaration of Stephen Gingrich in Support Thereof, #6 Declaration of Jud Hawken in Support Thereof, #7 Declaration of Frankie Ho in Support Thereof, #8 Declaration of Virgilio Gigante in Support Thereof, #9 Declaration of Kathleen Burns in Support Thereof, #10 Exhibit 1 part 1 to the Declaration of Kathleen Burns, #11 Exhibit 1 part 2 to the Declaration of Kathleen Burns, #12 Exhibit 1 part 3 to the Declaration of Kathleen Burns, #13 Exhibit 1 part 4 to the Declaration of Kathleen Burns, #14 Exhibit 1 part 5 to the Declaration of Kathleen Burns, #15 Exhibit 1 part 6 to the Declaration of Kathleen Burns, #16 Exhibit 1 part 7 to the Declaration of Kathleen Burns, #17 Exhibit 1 part 8 to the Declaration of Kathleen Burns) (Gigante, Virgilio) Modified by Unsealing document on 7/11/2022 pursuant to DE 20 Order(kpe). |
| Filing 7 Plaintiff's MOTION to Seal per Local Rule 5.4 by ACUSHNET COMPANY, CALLAWAY GOLF COMPANY, KARSTEN MANUFACTURING CORPORATION, PARSONS XTREME GOLF, LLC, ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD., TAYLOR MADE GOLF COMPANY, INC.. (Attachments: #1 Text of Proposed Order) (Gigante, Virgilio) |
| Filing 6 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by ACUSHNET COMPANY, CALLAWAY GOLF COMPANY, KARSTEN MANUFACTURING CORPORATION, PARSONS XTREME GOLF, LLC, ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD., TAYLOR MADE GOLF COMPANY, INC. identifying Other Affiliate Sumitomo Rubber Industries, Ltd. for ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD.; Corporate Parent Acushnet Holdings Corp. for ACUSHNET COMPANY; Corporate Parent 19th Holdings (Delaware), Inc for TAYLOR MADE GOLF COMPANY, INC. (Gigante, Virgilio) |
Filing 5
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 6/6/2022. (pls)
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| Filing 4 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 6/6/2022. (pls) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (swr) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. (swr) |
| Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15686495, filed by KARSTEN MANUFACTURING CORPORATION, CALLAWAY GOLF COMPANY, PARSONS XTREME GOLF, LLC, ACUSHNET COMPANY, ROGER CLEVELAND GOLF COMPANY, INC., TAYLOR MADE GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 to Complaint Certificates of Registration for the Taylor Made Trademarks, #3 Exhibit 2 to Complaint Certificates of Registration for the Acushnet Trademarks, #4 Exhibit 3 to Complaint Certificates of Registration for the Callaway Golf Trademarks, #5 Exhibit 4 to Complaint Certificates of Registration for the Roger Cleveland Golf Trademarks, #6 Exhibit 5 to Complaint Certificates of Registration for the Karsten Trademarks, #7 Exhibit 6 to Complaint Certificates of Registration for the PXG Trademarks)(Gaffigan, Stephen) |
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