Atari Interactive, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Atari Interactive, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule A and Owner and Operator of The Walmart.com Store Heryuuk |
| 1:2025cv21689 |
| April 12, 2025 |
| U.S. District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on August 21, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 DEFAULT JUDGMENT in favor of Atari Interactive, Inc. against Owner and Operator of The Walmart.com Store Heryuuk, The Partnerships and Unincorporated Associations Identified on Schedule A. Closing Case. Signed by Judge Rodolfo A. Ruiz, II on 8/21/2025. See attached document for full details. (nn00) |
Filing 22
ORDER granting #21 Motion for Default Judgment. Signed by Judge Rodolfo A. Ruiz, II on 8/21/2025. See attached document for full details. (nn00)
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| Filing 21 MOTION for Default Judgment as to the Owner and Operator of the Walmart.com Store Heryuuk by Atari Interactive, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Text of Proposed Order, #4 Text of Proposed Order)(Wokoun, David) |
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Filing 20
ORDER REQUIRING MOTION FOR DEFAULT JUDGMENT Signed by Judge Rodolfo A. Ruiz, II on 7/30/2025. See attached document for full details. (ksr)
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| Filing 19 Clerk's Entry of Default as to Owner and Operator of The Walmart.com Store Heryuuk - Motions Terminated: #18 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 7/30/2025. (cqs) |
| Filing 18 MOTION for Clerk's Entry of Default as to Owner and Operator of The Walmart.com Store Heryuuk by Atari Interactive, Inc.. (Attachments: #1 Exhibit A, #2 Declaration of David Wokoun, Esq.)(Wokoun, David) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #7 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Atari Interactive, Inc.. Owner and Operator of The Walmart.com Store Heryuuk served on 7/7/2025, response/answer due 7/28/2025. (Attachments: #1 Exhibit A)(Wokoun, David) |
| Filing 16 Summons Issued as to Owner and Operator of The Walmart.com Store Heryuuk. (cqs) |
| Filing 15 NOTICE of Filing Proposed Summons(es) by Atari Interactive, Inc. (Attachments: #1 Summon(s)) (Rosemberg, David) |
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Filing 14
ORDER granting #13 MOTION FOR ELECTRONIC SERVICE OF PROCESS. Signed by Judge Rodolfo A. Ruiz, II on 6/27/2025. See attached document for full details. (cqs)
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| Filing 13 Renewed MOTION for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) by Atari Interactive, Inc.. (Attachments: #1 Declaration of David Wokoun, #2 Text of Proposed Order)(Wokoun, David) |
| Case Reopened per DE #21 . (cqs) |
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Filing 12
PAPERLESS ORDER denying #10 Motion for Electronic Service of Process ("Motion"). The Motion states that, upon information and belief, Defendant resides in the People's Republic of China. Mot. at 2. To confirm this, Plaintiff filed a well-taken #9 Motion for Expedited Discovery to fully determine Defendant's identity, location, and the nature of Defendant's operations. The Court granted Plaintiff's #9 Motion for Expedited Discovery in an #11 Order and required that any Third Party Provider that provides service for the Defendant provide Plaintiff expedited discovery relating to Defendant's identity, location, and nature of operations within seven (7) days of the date of the #11 Order. Once Plaintiff obtains relevant facts related to Defendant's location following expedited discovery, it is encouraged to refile a Motion for Electronic Service of Process. Until then, Plaintiff's #10 Motion for Electronic Service of Process is DENIED without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 5/30/2025. (nn00)
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Filing 11
ORDER granting #9 Motion for Expedited Discovery. Signed by Judge Rodolfo A. Ruiz, II on 5/30/2025. See attached document for full details. (nn00)
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| Filing 10 MOTION for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) by Atari Interactive, Inc.. (Attachments: #1 Declaration of David Wokoun, #2 Text of Proposed Order)(Wokoun, David) |
| Filing 9 MOTION for Discovery (Expedited) by Atari Interactive, Inc.. Responses due by 6/12/2025. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Wokoun, David) |
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Filing 8
PAPERLESS ORDER. This cause comes upon sua sponte review of the record. On April 12, 2025, Plaintiff filed a #1 Complaint. On April 14, 2025, Plaintiff filed a #5 Motion to Seal. That same day, the Court issued an #6 Omnibus Order ("Order"). The Order denied pending motions, including Plaintiff's Motion to Seal, and required Plaintiff to file any subsequent motions within fourteen days of the Order's filing. Order at 1. In addition, the Order required that Plaintiff file any requests for alternative service separately from its Complaint. Order at 2. A failure to comply with the requirements of the Order, as the Court stated, could result in the dismissal of the case for failure to comply with Court orders. Order at 5. On April 28, 2025, Plaintiff filed an Amended Complaint, see #7 , but has not refiled a #5 Motion to Seal or any request for alternative service in order to further prosecute this action. Order at 5. Accordingly, if Plaintiff wishes to proceed with this case, it shall file all necessary motions pursuant to the Court's Order by May 29, 2025. Failure to prosecute this action may result in the dismissal of this case without further notice as stated in the Court's #6 Omnibus Order. Signed by Judge Rodolfo A. Ruiz, II on 5/23/2025. (nn00)
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| Filing 7 AMENDED COMPLAINT against Owner and Operator of The Walmart.com Store Heryuuk, filed by Atari Interactive, Inc.. (Attachments: #1 Trademark Registrations, #2 Screenshots)(Rosemberg, David) |
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Filing 6
OMNIBUS ORDER REGARDING SCHEDULE "A" CAUSES OF ACTION Closing Case. Signed by Judge Rodolfo A. Ruiz, II on 4/14/2025. See attached document for full details. (cqs)
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| Filing 5 MOTION to Seal per Local Rule 5.4 by Atari Interactive, Inc.. (Attachments: #1 Text of Proposed Order) (Rosemberg, David) |
| Filing 4 Corporate Disclosure Statement by Atari Interactive, Inc. identifying Corporate Parent Atari SA for Atari Interactive, Inc. (Rosemberg, David) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (kpe) |
| Filing 1 COMPLAINT against The Partnerships and Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-18362345, filed by Atari Interactive, Inc.. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Rosemberg, David) |
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| Plaintiff: Atari Interactive, Inc. | |
| Represented By: | David B. Rosemberg |
| Represented By: | David Alexander Wokoun |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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| Defendant: Owner and Operator of The Walmart.com Store Heryuuk | |
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