Home It, Inc. v. Wen et al
| Home It, Inc. |
| Shenzhen Trynow Intellectual Property Co., Ltd., Does 1-10, Wupin Wen and John Does 1-10 |
| 1:2019cv07070 |
| December 17, 2019 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Vera M Scanlon |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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This docket was last retrieved on February 6, 2020. A more recent docket listing may be available from PACER.
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| Case Reassigned to Judge Rachel P. Kovner. Judge Margo K. Brodie no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) |
Filing 21
ORDER: The Court enters the attached Preliminary Injunction Order against Defendant Wen. Ordered by Judge Pamela K. Chen on 1/21/2020. (Brodziak, Maya)
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Filing 20
ORDER: For the reasons stated in the attached Memorandum and Order, Plaintiff's motion for a preliminary injunction is granted. The Court will issue the Preliminary Injunction Order as a separate docket entry. Ordered by Judge Pamela K. Chen on 1/21/2020. (Brodziak, Maya)
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| Filing 19 DECLARATION re #17 Reply in Support, Second Declaration by Ariel Peikes, Esq., by Home It, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Peikes, Ariel) |
| Filing 18 DECLARATION re #17 Reply in Support, Second Declaration of Joel Teitelbaum by Home It, Inc. (Attachments: #1 Exhibit D) (Peikes, Ariel) |
| Filing 17 REPLY in Support re #5 MOTION for Order to Show Cause MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Unsigned Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order filed by Home It, Inc.. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Peikes, Ariel) |
| Minute Entry for proceedings held before Judge Pamela K. Chen: Hearing on motion for preliminary injunction held on January 13, 2020. Appearances by Ariel Samuel Peikes and Max Moskowitz for Plaintiff. No appearances for Defendants. Case called. Discussion held. The Court reserved decision on Plaintiff's preliminary injunction motion pending Plaintiff's submission of additional evidence as soon as possible. Plaintiff must file any evidence it wishes the Court to consider on ECF. Plaintiff shall also submit, via chambers email, a draft preliminary injunction order as a Word document. Finally, the Court noted that Plaintiff must still file proof of service in accordance with Federal Rule of Civil Procedure 4 before seeking any certificate of default as to the Defendants. (Court Reporter Annette Montalvo.) (Brodziak, Maya) |
| Filing 16 AFFIDAVIT/AFFIRMATION re #15 Letter Requesting Entry of Order and in Lieu of Hearing by Home It, Inc. (Peikes, Ariel) |
| Filing 15 Letter Requesting Entry of Order and in Lieu of Hearing by Home It, Inc. (Attachments: #1 Exhibit Email Communication) (Moskowitz, Max) |
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ORDER: The Court acknowledges receipt of Plaintiff's #15 letter. The Court will still hold a hearing on Plaintiff's motion for a preliminary injunction on January 13, 2020 at 4 p.m. in Courtroom 4F North, as scheduled. Ordered by Judge Pamela K. Chen on 1/9/2020. (Brodziak, Maya)
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Filing 14
ORDER: As described in the attached, the Court orders that, upon consent of Defendant Trynow, pending the hearing of Plaintiff's application for a preliminary infringement pursuant to Fed. R. Civ. P. 65, Defendant Trynow is temporarily restrained from filing or otherwise communicating any allegations of infringement by HOMEIT to any third party, until the hearing on the preliminary injunction, unless leave is given by the Court.It is further ordered that Defendants shall respond to Plaintiff's motion for a preliminary injunction by no later than January 6, 2020; and Plaintiff may file a reply, if any, by January 10, 2020. The Court will hold a hearing on Plaintiff's motion for a preliminary injunction on January 13, 2020, in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 12/23/2019.(Wisotsky, Shira) (Abdallah, Fida).
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Filing 13
Order: For the reasons stated on the record and supplemented herein, Plaintiff's motion for a temporary restraining order ("TRO") with respect to Defendant Wen is denied. Plaintiff's motion for a TRO with respect to Defendant TryNow, entered on consent, is So Ordered. The Court defers ruling on the motion for a preliminary injunction pending further proceedings. Ordered by Judge Pamela K. Chen on 12/23/2019. (Wisotsky, Shira)
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| Filing 12 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (Rocco, Christine) |
| Filing 11 Letter to Hon. Pamela K. Chen by Home It, Inc. (Attachments: #1 Exhibit Emails from Home It to Wen, #2 Exhibit Testimony from Professors Barton Beebe and Jeanne Fromer to U.S. Senate, Judiciary Committee, Subcommittee on Intellectual Property) (Peikes, Ariel) |
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ORDER: Contrary to the Court's instructions, Plaintiff failed to copy Defendant's counsel on its emails, and improperly emailed to chambers not only a copy of the proposed order, but also additional arguments. Even though Plaintiff's counsel represents that the two emails to the Court were forwarded to Defendant's counsel, they must be re-sent to chambers and must include Defendant's counsel. Additionally, to the extent Plaintiff wishes to make additional arguments, a supplemental letter must be properly filed on ECF. The Court will not consider any supplemental material not electronically filed. Ordered by Judge Pamela K. Chen on 12/23/2019. (Wisotsky, Shira)
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| Minute Order for proceedings held before Judge Pamela K. Chen: Hearing on #5 temporary restraining order ("TRO") held on 12/23/2019. Appearances by Ariel Samuel Peikes and Max Moskowitz of Ostrolenk Faber LLP for Plaintiff. Case called. Discussion held. For the reasons stated on the record Plaintiff's TRO is granted (on consent) as to Defendant Trynow, but denied as to Defendant Wupin Wen. Written decision to follow. The Court also found that notice to Defendants of the Complaint and motion are sufficient under the circumstances due to Plaintiff's efforts to e-mail the publicly filed e-mail addresses, and because Plaintiff further supplemented its prior communication. (Court Reporter Charleane Heading.) (Wisotsky, Shira) |
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ORDER: Not withstanding the #10 consent of one of the defendants to the proposed TRO, the hearing scheduled for today at 10:30 a.m. will proceed as scheduled. Ordered by Judge Pamela K. Chen on 12/23/2019. (Abdallah, Fida)
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ORDER: The Court notes that, prior to going on the record at the December 23, 2019 TRO argument, Plaintiff's counsel represented to the Court that he had communicated with counsel for Defendant Shenzhen Trynow Intellectual Property Co., Ltd. (TryNow), who represented that that Trynow did not wish to appear at the hearing, either in person or via phone call. For that reason and because, as noted on the record at the hearing, Defendant Wen has not appeared in this matter (despite Plaintiff having emailed a copy of the complaint and motion papers), the Court proceeded ex parte. However, the Court did consider and reference on the record Exhibit A to Dkt. #10 , i.e., the letter from Haoyi Chen, Counsel for TryNow, who wrote that TryNow does not object to Plaintiff's Proposed Order, provided that a 21-day extension for a response is granted. Ordered by Judge Pamela K. Chen on 12/23/2019. (Wisotsky, Shira)
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| Filing 10 Letter to Hon. Pamela K. Chen by Home It, Inc. (Peikes, Ariel) |
| Filing 9 NOTICE of Appearance by Ariel Samuel Peikes on behalf of Home It, Inc. (aty to be noticed) (Peikes, Ariel) |
| Filing 8 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 7 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 6 Civil Cover Sheet.. Re #1 Complaint, by Home It, Inc. (Moskowitz, Max) |
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ORDER: The Court will hold a hearing on Plaintiff's #5 Motion for a Temporary Restraining Order on December 23, 2019 at 10:30 a.m. in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 12/20/2019. (Brodziak, Maya)
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| Case assigned to Judge Margo K. Brodie and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Filing 5 MOTION for Order to Show Cause , MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order Unsigned Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order by Home It, Inc.. (Attachments: #1 Plaintiff's Memorandum of Law in Support, #2 Declaration of Joel Teitelbaum (with Exhibits), #3 Declaration of Ariel Peikes, Esq., #4 Exhibits 1-5 to Peikes Decl., #5 Exhibits 6-9 to Peikes Decl., #6 Exhibits 10-15 to Peikes Decl., #7 Exhibits 16-19 to Peikes Decl., #8 Verified Complaint, #9 Certificate of Service) (Moskowitz, Max) |
| Filing 4 NOTICE by Home It, Inc. re #1 Complaint, Notice of Report on the Filing or Determination of an Action Regarding a Patent or Trademark (Moskowitz, Max) |
| Filing 3 Corporate Disclosure Statement by Home It, Inc. identifying Corporate Parent Home4U, Inc. for Home It, Inc.. (Moskowitz, Max) |
| Filing 2 CASE MANAGEMENT STATEMENT CIVIL COVER SHEET (Moskowitz, Max) |
| Filing 1 COMPLAINT against Shenzhen Trynow Intellectual Property Co., Ltd., Wupin Wen, Does 1-10 filing fee $ 400, receipt number ANYEDC-12167203 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Home It, Inc.. (Moskowitz, Max) |
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