Swarovski Aktiengesellschaft et al v. The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A
| Swarovski Aktiengesellschaft and Swarovski North America Limited |
| The Individuals, Business Entities, and Unicorporated Associations Identified on Schedule A, jewelryswarovski.com, solaclub, swarovskisalva.shop, dqyseyg42, The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, Helen Autoparts, YiFei Travel Trading, forarev.top, shop10230.ariskin.net, SOLA CLUB Make Money Togethe, swarovskifr.shop, swarovskioutletuk.com, watsonoutlet.shop, swarovski-usa.com, baytoqy, bestfirst-home, bestsellingshopping, chaox-3, chuzhilan02, dankoush98, dashmikdulanjan_0, Sportslife-rain, guigu-auto, hebaicaonong, inwin-home, jiny_16, keruisen02, liusu-5048, tasschosee, usggauto, xianshen_18, yangzhuang, zzchu16, CatchFashionMoment, Cheers2022, Cronos2020, DecorateUrWrist, FRM Trade, GiftsToYou, IncredibleItems, Piker'sFashion, Prime Online, SuperGoodsHere and tesowedstgm |
| 0:2023cv61835 |
| September 25, 2023 |
| U.S. District Court for the Southern District of Florida |
| William P Dimitrouleas |
| Trademark |
| 28 U.S.C. § 1331 Fed. Question: Trademark |
| None |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 CLERK'S DEFAULT ENTRY - Granting #28 Plaintiff's MOTION for Clerk's Entry of Default as to CatchFashionMoment, Cheers2022, Cronos2020, DecorateUrWrist, FRM Trade, GiftsToYou, Helen Autoparts, IncredibleItems, Piker'sFashion, Prime Online, SuperGoodsHere, The Individua filed by Swarovski North America Limited, Swarovski Aktiengesellschaft, Motions terminated: #28 Plaintiff's MOTION for Clerk's Entry of Default as to CatchFashionMoment, Cheers2022, Cronos2020, DecorateUrWrist, FRM Trade, GiftsToYou, Helen Autoparts, IncredibleItems, Piker'sFashion, Prime Online, SuperGoodsHere, The Individua filed by Swarovski North America Limited, Swarovski Aktiengesellschaft. Motions terminated: #28 Plaintiff's MOTION for Clerk's Entry of Default as to CatchFashionMoment, Cheers2022, Cronos2020, DecorateUrWrist, FRM Trade, GiftsToYou, Helen Autoparts, IncredibleItems, Piker'sFashion, Prime Online, SuperGoodsHere, The Individua filed by Swarovski North America Limited, Swarovski Aktiengesellschaft. Signed by DEPUTY CLERK on 11/20/2023. See attached document for full details. (scn) |
| Filing 28 Plaintiff's MOTION for Clerk's Entry of Default as to CatchFashionMoment, Cheers2022, Cronos2020, DecorateUrWrist, FRM Trade, GiftsToYou, Helen Autoparts, IncredibleItems, Piker'sFashion, Prime Online, SuperGoodsHere, The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, YiFei Travel Trading, baytoqy, bestfirst-home, bestsellingshopping, chaox-3, chuzhilan02, dankoush98, dashmikdulanjan_0, dqyseyg42, guigu-auto, hebaicaonong, inwin-home, jewelryswarovski.com, jiny_16, keruisen02, liusu-5048, shop10230.ariskin.net, solaclub, swarovski-usa.com, swarovskifr.shop, swarovskioutletuk.com, swarovskisalva.shop, tasschosee, tesowedstgm, usggauto, xianshen_18, yangzhuang, zzchu16 by Swarovski North America Limited, Swarovski Aktiengesellschaft. (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 27 CERTIFICATE OF SERVICE by Swarovski Aktiengesellschaft, Swarovski North America Limited re #24 Preliminary Injunction upon Defendants via website posting (Gaffigan, Stephen) |
| Filing 26 Plaintiff's NOTICE by Swarovski Aktiengesellschaft, Swarovski North America Limited re #24 Preliminary Injunction upon Defendants via Electronic Mail (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) |
| Filing 25 SUMMONS (Affidavit) Returned Executed on #19 Amended Complaint/Amended Notice of Removal, #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Swarovski North America Limited, Swarovski Aktiengesellschaft. CatchFashionMoment served on 10/10/2023, response/answer due 10/31/2023; Cheers2022 served on 10/10/2023, response/answer due 10/31/2023; Cronos2020 served on 10/10/2023, response/answer due 10/31/2023; DecorateUrWrist served on 10/10/2023, response/answer due 10/31/2023; FRM Trade served on 10/10/2023, response/answer due 10/31/2023; GiftsToYou served on 10/10/2023, response/answer due 10/31/2023; Helen Autoparts served on 10/10/2023, response/answer due 10/31/2023; IncredibleItems served on 10/10/2023, response/answer due 10/31/2023; Piker'sFashion served on 10/10/2023, response/answer due 10/31/2023; Prime Online served on 10/10/2023, response/answer due 10/31/2023; SuperGoodsHere served on 10/10/2023, response/answer due 10/31/2023; YiFei Travel Trading served on 10/10/2023, response/answer due 10/31/2023; baytoqy served on 10/10/2023, response/answer due 10/31/2023; bestfirst-home served on 10/10/2023, response/answer due 10/31/2023; bestsellingshopping served on 10/10/2023, response/answer due 10/31/2023; chaox-3 served on 10/10/2023, response/answer due 10/31/2023; chuzhilan02 served on 10/10/2023, response/answer due 10/31/2023; dankoush98 served on 10/10/2023, response/answer due 10/31/2023; dashmikdulanjan_0 served on 10/10/2023, response/answer due 10/31/2023; dqyseyg42 served on 10/10/2023, response/answer due 10/31/2023; guigu-auto served on 10/10/2023, response/answer due 10/31/2023; hebaicaonong served on 10/10/2023, response/answer due 10/31/2023; inwin-home served on 10/10/2023, response/answer due 10/31/2023; jewelryswarovski.com served on 10/10/2023, response/answer due 10/31/2023; jiny_16 served on 10/10/2023, response/answer due 10/31/2023; keruisen02 served on 10/10/2023, response/answer due 10/31/2023; liusu-5048 served on 10/10/2023, response/answer due 10/31/2023; shop10230.ariskin.net served on 10/10/2023, response/answer due 10/31/2023; solaclub served on 10/10/2023, response/answer due 10/31/2023; swarovski-usa.com served on 10/10/2023, response/answer due 10/31/2023; swarovskifr.shop served on 10/10/2023, response/answer due 10/31/2023; swarovskioutletuk.com served on 10/10/2023, response/answer due 10/31/2023; swarovskisalva.shop served on 10/10/2023, response/answer due 10/31/2023; tasschosee served on 10/10/2023, response/answer due 10/31/2023; tesowedstgm served on 10/10/2023, response/answer due 10/31/2023; usggauto served on 10/10/2023, response/answer due 10/31/2023; xianshen_18 served on 10/10/2023, response/answer due 10/31/2023; yangzhuang served on 10/10/2023, response/answer due 10/31/2023; zzchu16 served on 10/10/2023, response/answer due 10/31/2023. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service)(Gaffigan, Stephen) |
Filing 24
ORDER GRANTING #8 APPLICATION FOR ENTRY OF PRELIMINARY INJUNCTION. Signed by Judge William P. Dimitrouleas on 10/20/2023. See attached document for full details. (scn)
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| Filing 23 PAPERLESS Minute Entry for proceedings held before Judge William P. Dimitrouleas: Motion Hearing held on 10/20/2023 re #8 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof filed by Swarovski North America Limited, Swarovski Aktiengesellschaft. Defendants failed to appear. The Court will enter proposed Order granting preliminary injunction. Total time in court: 5 minutes. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez, Court Reporter: Glenda Powers, 305-523-5022 / [email protected]. (rs00) |
| Filing 22 Plaintiff's NOTICE by Swarovski Aktiengesellschaft, Swarovski North America Limited of E-Mail Inquiry Received from Defendant Number 33 in Connection With Asset Restraint and Service (Attachments: #1 Exhibit 1 to the Notice) (Gaffigan, Stephen) |
| Filing 21 CERTIFICATE OF SERVICE by Swarovski Aktiengesellschaft, Swarovski North America Limited re #16 Plaintiff's MOTION to Unseal , #10 Sealed Order on Motion,, 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, #7 Sealed Document, #6 Order on Motion to Seal, #12 Sealed Document, #1 Complaint, Set/Reset Deadlines/Hearings, #5 Plaintiff's MOTION to Seal per Local Rule 5.4, #11 Sealed Order, #15 Order Requiring Joint Scheduling Report, #4 Certificate of Other Affiliates/Corporate Disclosure Statement, #8 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof, 2 Clerks Notice of Judge Assignment, #14 Bond upon Defendants via website posting (Gaffigan, Stephen) |
| Filing 20 Plaintiff's NOTICE by Swarovski Aktiengesellschaft, Swarovski North America Limited re #1 Complaint, #11 Sealed Order, #15 Order Requiring Joint Scheduling Report, #8 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof upon Defendants via Electronic Mail (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) |
| Filing 19 AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by Swarovski Aktiengesellschaft, Swarovski North America Limited. (Attachments: #1 Exhibit 1 to Amended Complaint Certificates of Registration for the Swarovski Trademarks)(Gaffigan, Stephen) |
| Filing 18 NOTICE of Compliance re #17 Order Unsealing Documents. All documents in this case are now unsealed per direction in order at DE#17. (scn) |
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Filing 17
ORDER GRANTING #16 PLAINTIFF'S MOTION TO UNSEAL. The Clerk of the Court is hereby DIRECTED to unseal all docket entries in this case and return those portions of the Court file to the public records. Signed by Judge William P. Dimitrouleas on 10/6/2023. See attached document for full details. (scn)
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| Filing 16 Plaintiff's MOTION to Unseal by Swarovski Aktiengesellschaft, Swarovski North America Limited. (Attachments: #1 Text of Proposed Order)(Wiborg-Rodriguez, T.) |
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Filing 15
ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT. Signed by Judge William P. Dimitrouleas on 10/2/2023. See attached document for full details. (wce)
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| Filing 14 Seizure BOND in the amount of $25,000 posted by Swarovski Aktiengesellschaft, Swarovski North America Limited. Approved by DEPUTY CLERK on 9/29/2023. (scn) |
| Filing 13 Summons Issued as to Helen Autoparts, and all other Defendants identified in Schedule A hereto. (scn) Unsealed on 10/6/2023 per order at DE#17 (scn). |
| Filing 12 Sealed Document Proposed Summonses re DE#6 Order on Motion to Seal, by Swarovski Aktiengesellschaft, Swarovski North America Limited. (Attachments: #1 Summon(s)) (Gaffigan, Stephen) Unsealed on 10/6/2023 per order at DE#17 (scn). |
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Filing 11
ORDER GRANTING EX PARTE APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER filed by Swarovski North America Limited, Swarovski Aktiengesellschaft. Signed by Judge William P. Dimitrouleas on 9/27/2023. (scn) Unsealed on 10/6/2023 per order at DE#17 (scn).
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Filing 10
ORDER AUTHORIZING ALTERNATE SERVICE OF PROCESS ON DEFENDANTS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 4(f)(3): Granting #9 Ex Parte Motion, filed by Swarovski North America Limited, Swarovski Aktiengesellschaft. Signed by Judge William P. Dimitrouleas on 9/27/2023. (scn) Unsealed on 10/6/2023 per order at DE#17 (scn).
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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 Swarovski Aktiengesellschaft, Swarovski North America Limited. (Attachments: #1 Declaration of Stephen M. Gaffigan in Support Thereof, #2 Exhibit 1 to the Declaration of Stephen M. Gaffigan, #3 Text of Proposed Order) (Gaffigan, Stephen) Unsealed on 10/6/2023 per order at DE#17 (scn). |
| Set Deadlines/Hearing per DE#11: Preliminary Injunction Hearing set for 10/20/2023 10:40 AM in Fort Lauderdale Division before Judge William P. Dimitrouleas. Responses due by 10/13/2023 Replies due by 10/18/2023. (scn) |
| Filing 8 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof by Swarovski Aktiengesellschaft, Swarovski North America Limited. (Attachments: #1 Declaration of Kateryna Pereverzeva in Support Thereof, #2 Declaration of Stephen M. Gaffigan in Support Thereof, #3 Declaration of Kathleen Burns in Support Thereof, #4 Exhibit 1 to the Declaration of Kathleen Burns, #5 Text of Proposed Order) (Gaffigan, Stephen) Unsealed on 10/6/2023 per order at DE#17 (scn). |
| Filing 7 Sealed Document re DE#6 Order on Motion to Seal, by Swarovski Aktiengesellschaft, Swarovski North America Limited. (Attachments: #1 Schedule "A" to Plaintiffs' Complaint for Damages and Injunctive Relief) (Gaffigan, Stephen) Unsealed on 10/6/2023 per order at DE#17 (scn). |
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Filing 6
ORDER Granting #5 Motion to File Under Seal. Schedule A to Plaintiffs' Complaint and the Summonses shall be filed under seal and shall remain under seal until further order from this Court. Signed by Judge William P. Dimitrouleas on 9/26/2023. See attached document for full details. (scn)
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| Filing 5 Plaintiff's MOTION to Seal per Local Rule 5.4 by Swarovski Aktiengesellschaft, Swarovski North America Limited. (Attachments: #1 Text of Proposed Order Granting Motion to Seal) (Gaffigan, Stephen) |
| Filing 4 Plaintiff's Corporate Disclosure Statement by Swarovski Aktiengesellschaft, Swarovski North America Limited identifying Corporate Parent Swarovski U.S. Holding Limited for Swarovski North America Limited; Corporate Parent Swarovski International Holding AG for Swarovski Aktiengesellschaft (Gaffigan, Stephen) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 Complaint) (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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. (wce) |
| Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16943353, filed by Swarovski Aktiengesellschaft, Swarovski North America Limited. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 to Complaint Certificates of Registration for the Swarovski Trademarks)(Gaffigan, Stephen) |
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