Zhu v. Amazon.com, Inc.
| Shan Zhu |
| Amazon.com Inc and Amazon.com, Inc. |
| 2:2023cv05014 |
| July 3, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Lee G Dunst |
| Anti-Trust |
| 15 U.S.C. § 2 Antitrust Litigation |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 15
ORDER DISMISSING CASE: The Clerk of the Court is directed to close this case - Case closed. So Ordered by Judge Gary R. Brown on 7/26/2023. (JC)
|
| Filing 14 STIPULATION of Dismissal by Shan Zhu (Zhu, Shan) |
| Filing 13 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16878963 by Amazon.com, Inc.. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice) (Kumar, Ambika) |
| Filing 12 REPLY in Support re #2 MOTION for Temporary Restraining Order Memo in reply filed by Shan Zhu. (Zhu, Shan) |
|
ORDER denying #2 Motion for TRO. Plaintiff Zhu moves for preliminary injunctive relief - styled as a TRO, though this analysis would equally apply to a preliminary injunction given the detailed nature of the filings. A party seeking preliminary injunctive relief must demonstrate "(1) irreparable harm absent injunctive relief; (2) either a likelihood of success on the merits, or a serious question going to the merits to make them a fair ground for trial, with a balance of hardships tipping decidedly in the plaintiff's favor; and (3) that the public's interest weighs in favor of granting an injunction." Red Earth LLC v. United States, 657 F.3d 138, 143 (2d Cir. 2011). The Court has wide discretion in determining whether to grant a preliminary injunction, as it is one of the most drastic tools in the arsenal of judicial remedies. Grand River Enter. Six Nations, Ltd. v. Pryor, 481 F.3d 60, 66 (2d Cir. 2007); Omnistone Corp. v. Cuomo, 485 F. Supp. 3d 365, 367 (E.D.N.Y. 2020). Plaintiff, an attorney representing himself pro se, endeavors to seek some kind of preliminary relief against defendant Amazon in connection with certain trademark programs administered by the defendant. He claims, without much support, that Amazon made defamatory statements concerning his dealings with the USPTO, which statements appear to have abated, but which plaintiff claims are flatly false. The problem, however, is that in response, Amazon has provided persuasive evidence that the statements were not false, as it appears that plaintiff has been associated with at least one precedential order in which the USPTO issued sanctions for improper conduct. See DE 9-2 ("In addition to declaration signatures of multiple applicants appearing on submissions originating from your MyUSPTO accounts, you and your employees appear to be entering the name of at least two different U.S.-licensed attorneys on at least several hundred submissions. In the cases reviewed, the attorneys signatures often appear alongside the applicants declaration signatures and were allegedly personally entered on the TEAS submission by the attorney. For example, in Serial No. 90199060 the Office received responses on April 15, 2021 and May 6, 2021, each originating from one of your MyUSPTO accounts, each allegedly directly signed by applicant Bai, Bin and attorney Shan Zhu, despite the fact that the applicant allegedly lives in a county in China that is located approximately 12,700 miles away from Shan Zhus offices in Flushing, New York.") Equally concerning, Amazon submits competent evidence demonstrating that plaintiff is identified as the responsible trademark counsel on tens of thousands of trademark applications with the USPTO in a few years submitted on behalf of Chinese nationals, and been the attorney of record who filed more than 35,000 notices of infringement received by Amazon, with a greater than 61% rejection rate after findings were made that they were brought in bad faith. DE 8. These statistics, buttressed by specific examples of anomalies in connection with specific cases, raise substantial doubt as to plaintiff's ability to prevail on the merits here. Plaintiff response to these staggering statistics is limited to self-created and self-serving filings.Based on this information, and the evidence of record herein, plaintiff's application for preliminary relief is denied. Ordered by Judge Gary R. Brown on 7/11/2023. (Brown, Gary)
|
| Filing 11 Corporate Disclosure Statement by Amazon.com, Inc. (Magliery, John) |
| Filing 10 AFFIDAVIT/DECLARATION in Opposition re #2 MOTION for Temporary Restraining Order : Declaration of Michael Kelly filed by Amazon.com, Inc.. (Magliery, John) |
| Filing 9 AFFIDAVIT/DECLARATION in Opposition re #2 MOTION for Temporary Restraining Order : Declaration of Ambika Kumar filed by Amazon.com, Inc.. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7) (Magliery, John) |
| Filing 8 AFFIDAVIT/DECLARATION in Opposition re #2 MOTION for Temporary Restraining Order : Declaration of Soma Ghata filed by Amazon.com, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Magliery, John) |
| Filing 7 MEMORANDUM in Opposition re #2 MOTION for Temporary Restraining Order filed by Amazon.com, Inc.. (Magliery, John) |
| Filing 6 CERTIFICATE OF SERVICE by Shan Zhu re Order,, #2 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit letter to Amazon) (Zhu, Shan) |
| Filing 5 Summons Issued as to Amazon.com, Inc. (LJ) |
| Filing 4 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. (LJ) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 2 MOTION for Temporary Restraining Order by Shan Zhu. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M) (Zhu, Shan) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Lee G. Dunst. 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. (LJ) |
|
ORDER re #2 MOTION for Temporary Restraining Order filed by Shan Zhu.Defendant Amazon.com Inc is directed to respond in writing to Plaintiff Zhu's Motion for Temporary Restraining Order, DE 2, by close of business on Monday, July 10, 2023.Plaintiff Zhu is directed to serve a copy of this Electronic Order and the Motion for Temporary Restraining Order, DE 2, on Defendant Amazon.com Inc forthwith and electronically file a certificate of service by 7/5/2023.Ordered by Judge Gary R. Brown on 7/5/2023. (LJ)
|
| Filing 1 COMPLAINT against Amazon.com Inc filing fee $ 402, receipt number ANYEDC-16853336 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Shan Zhu. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Zhu, Shan) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
