EMC Corporation v. Proview International Holdings, Ltd. et al Featured Case

Plaintiff EMC Corporation alleged that Defendants Proview International Holdings, Ltd. and its subsidiary companies, Proview Technology (Shenzhen) Co., Ltd. and Proview Technology (Wuhan) Co., Ltd., began obtaining trademark registrations in China for "EMC" for use in connection with increasingly broad categories of goods that it did not and does not sell, in order to position itself to improperly and unlawfully take substantial business advantages from EMC. Plaintiff also alleged that Proview sought broad rights in the "EMC" mark not because the company intended to expand use of the mark in its business, but to claim that EMC was unlawfully using the mark in Proview's market, accuse EMC of infringement and extract substantial amounts of money from EMC. Additionally, Plaintiff charged that Proview has used a number of administrative proceedings in China to aggressively expand the scope of its improper registrations of the "EMC" mark.

Plaintiff: EMC Corporation
Defendant: Proview International Holdings, Ltd., Proview Technology (Wuhan) Co., LTD. and Proview Technology (Shenzhen) Co., LTD.
Case Number: 4:2009cv40062
Filed: March 16, 2009
Court: US District Court for the District of Massachusetts
Office: Personal Property: Other Office
County: Worcester
Presiding Judge: F. Dennis Saylor
Nature of Suit: Plaintiff
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity-(Citizenship)
Docket Report

This docket was last retrieved on February 23, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 4, 2009 Filing 21 CERTIFICATE OF SERVICE by EMC Corporation re 20 Notice of Voluntary Dismissal. (MacDougall, Mark)
December 4, 2009 Civil Case Terminated. (Castles, Martin)
December 3, 2009 Filing 20 NOTICE of Voluntary Dismissal by EMC Corporation (MacDougall, Mark)
October 9, 2009 Filing 19 MEMORANDUM in Support re 18 MOTION for Default Judgment as to Defendants Proview Technology (Shenzhen) Co., Ltd., Proview Technology (Wuhan) Co., Ltd., and Proview International Holdings, Ltd. filed by EMC Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit D-1, # 6 Exhibit D-2, # 7 Exhibit E, # 8 Exhibit E-1, # 9 Exhibit F, # 10 Exhibit F-1, # 11 Exhibit F-2, # 12 Text of Proposed Order)(MacDougall, Mark)
October 9, 2009 Filing 18 MOTION for Default Judgment as to Defendants Proview Technology (Shenzhen) Co., Ltd., Proview Technology (Wuhan) Co., Ltd., and Proview International Holdings, Ltd. by EMC Corporation.(MacDougall, Mark)
September 4, 2009 Judge F. Dennis Saylor, IV: Electronic ORDER entered granting 16 Motion for Extension of Time. (Castles, Martin)
September 3, 2009 Filing 17 MEMORANDUM in Support re 16 MOTION for Extension of Time to 10/09/2009 to Move for Default Judgment filed by EMC Corporation. (MacDougall, Mark)
September 3, 2009 Filing 16 MOTION for Extension of Time to 10/09/2009 to Move for Default Judgment by EMC Corporation. (Attachments: # 1 Text of Proposed Order)(MacDougall, Mark)
August 5, 2009 Judge F. Dennis Saylor, IV: Electronic ORDER entered granting 14 Motion for Extension of Time to File motion for default judgment. (Castles, Martin)
August 4, 2009 Filing 15 MEMORANDUM in Support re 14 MOTION for Extension of Time to 9/09/2009 to File Plaintiff's Motion to Extend Time to Move for Default Judgment filed by EMC Corporation. (MacDougall, Mark)
August 4, 2009 Filing 14 MOTION for Extension of Time to 9/09/2009 to File Plaintiff's Motion to Extend Time to Move for Default Judgment by EMC Corporation. (Attachments: # 1 Proposed Order)(MacDougall, Mark)
July 9, 2009 Filing 13 Judge F. Dennis Saylor, IV: ORDER entered. STANDING ORDER on motions for default judgment.(Castles, Martin)
July 9, 2009 NOTICE: Clerk's ENTRY OF DEFAULT as to Proview International Holdings, Ltd., Proview Technology (Wuhan) Co., LTD., Proview Technology (Shenzhen) Co., LTD. (Castles, Martin)
July 9, 2009 Judge F. Dennis Saylor, IV: ELECTRONIC ENDORSEMENT re 12 Request for notice of default. Request granted. (Castles, Martin)
June 30, 2009 Filing 12 Request for notice of default Plaintiff's Request for Entry of Default. (Attachments: # 1 Exhibit 1 - Declaration of Mark J. MacDougall, # 2 Proposed Notice of Default)(MacDougall, Mark) (Additional attachment(s) added on 7/1/2009: # 3 Correctly signed Request for notice of default) (Burgos, Sandra). (Additional attachment(s) added on 7/1/2009: # 4 Correctly signed Declaration) (Burgos, Sandra).
May 15, 2009 Filing 11 SUMMONS Returned Executed Proview Technology (Wuhan) Co., LTD. served on 5/11/2009, answer due 6/1/2009. (MacDougall, Mark)
May 15, 2009 Filing 10 SUMMONS Returned Executed Proview Technology (Shenzhen) Co., LTD. served on 5/11/2009, answer due 6/1/2009. (MacDougall, Mark)
May 15, 2009 Filing 9 SUMMONS Returned Executed Proview International Holdings, Ltd. served on 5/11/2009, answer due 6/1/2009. (MacDougall, Mark)
May 15, 2009 Filing 8 SUMMONS Returned Executed Proview Technology (Wuhan) Co., LTD. served on 4/8/2009, answer due 4/28/2009. (MacDougall, Mark)
May 15, 2009 Filing 7 SUMMONS Returned Executed Proview Technology (Shenzhen) Co., LTD. served on 4/8/2009, answer due 4/28/2009. (MacDougall, Mark)
May 15, 2009 Filing 6 SUMMONS Returned Executed Proview International Holdings, Ltd. served on 4/8/2009, answer due 4/28/2009. (MacDougall, Mark)
April 2, 2009 Filing 5 NOTICE of Appearance by John O. Mirick on behalf of EMC Corporation (Mirick, John)
March 18, 2009 ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund, for $350.00 paid on 03/16/09, receipt number 01010000000002338713. (Adam, Lucien)
March 17, 2009 Filing 4 General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Jones, Sherry)
March 17, 2009 Filing 3 Summons Issued as to Proview International Holdings, Ltd., Proview Technology (Wuhan) Co., LTD., Proview Technology (Shenzhen) Co., LTD.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry)
March 17, 2009 ELECTRONIC NOTICE of Case Assignment. Judge F. Dennis Saylor, IV assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Hillman. (Jones, Sherry)
March 16, 2009 Filing 2 CORPORATE DISCLOSURE STATEMENT by EMC Corporation. (MacDougall, Mark)
March 16, 2009 Filing 1 COMPLAINT against all defendants Filing fee: $ 350, receipt number 01010000000002338725, filed by EMC Corporation. (Attachments: # 1 Civil Cover Sheet, # 2 Category Sheet)(MacDougall, Mark)

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Plaintiff: EMC Corporation
Represented By: Mark J. MacDougall
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Defendant: Proview International Holdings, Ltd.
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Defendant: Proview Technology (Wuhan) Co., LTD.
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