U2 Home Entertainment, Inc. v. Mainstream Wireless Inc.
| ABC and U2 Home Entertainment, Inc. |
| DEF, Mainstream Wireless Inc., A&J Telecom Inc., Ang Tai Cheng and Chao Qiang Zheng |
| 1:2009cv05375 |
| June 11, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A Crotty |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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Filing 18
NOTICE AND ORDER OF DISMISSAL that the items seized from Defendants' video store, which are currently in the possession of U2 Home's counsel, are forfeited to U2 Home for destruction; and it is further ORDERED, that both sides shall bear its own costs of suit incurred within the action; and it is further ORDERED, that the bond posted by U2 Home pursuant to the Order of Seizure is exonerated and discharged and the surety of said undertaking shall have no further liability on connection therewith whatsoever. ENDORSEMENT: The Clerk of Court shall close this case. (Signed by Judge Paul A. Crotty on 11/2/2010) (jmi)
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| Filing 17 AFFIDAVIT OF SERVICE of Summons, Complaint, Order of Seizure, Plaintiff's Application For An Order of Seizure and Civil Cover Sheet served on Mainstream Wireless Inc. on 6/19/2009. Service was accepted by Ann Ng, Employee. Document filed by U2 Home Entertainment, Inc.. (Lee, Walter-Michael) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons, Complaint, Order of Seizure, Plaintiff's Application For An Order of Seizure and Civil Cover Sheet served on Chao Qiang Zheng on 6/19/2009. Service was accepted by Ann Ng, Employee. Document filed by U2 Home Entertainment, Inc.. (Lee, Walter-Michael) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons, Complaint, Order of Seizure, Plaintiff's Application For An Order of Seizure and Civil Cover Sheet served on Ang Tai Cheng on 6/19/2009. Service was accepted by Ann Ng, Employee. Document filed by U2 Home Entertainment, Inc.. (Lee, Walter-Michael) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons, Complaint, Order of Seizure, Plaintiff's Application For An Order of Seizure and Civil Cover Sheet served on A&J Telecom, Inc. on 6/19/2009. Service was accepted by Ann Ng, employee. Document filed by U2 Home Entertainment, Inc.. (Lee, Walter-Michael) |
| Filing 12 SEALED DOCUMENT placed in vault.(rt) |
| Minute Entry for proceedings held before Judge Paul A. Crotty: Show Cause Hearing held on 6/26/2009. All cases, 09cv5360, 09cv5364, 09cv5367, 09cv5374 and 09cv5375 adjourned to Monday, July 20, 2009 at 2:00 PM in Courtroom 20-C before Judge Paul A. Crotty, U.S.D.J. See transcript for complete details of this proceeding. Visit http://www1.nysd.uscourts.gov/courtrm_tech.php with respect to ordering a transcript of a recorded proceeding via Courtflow. (mov) |
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Filing 11
ORDER UNSEALING COURT FILE: It is hereby ordered, that the file of this case is unsealed. (Signed by Judge Paul A. Crotty on 6/26/2009) (jpo)
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| Filing 9 BOND for Order of Seizure and Impoundment in the amount of $ 10,000.00 posted by U2 Home Entertainment, Inc.(This document was previously filed under seal envelope # 3 and unsealed with order #4). (jmi) |
| Filing 8 PLAINTIFF'S APPLICATION FOR AN ORDER OF SEIZURE AND IMPOUNDMENT AND MOTIONFOR TEMPORARY SEALING OF THE COURT FILE In support of U2 Home Entertainment, Inc's application for an order of seizure andimpoundment and motion for temporary sealing of the court file, attached please find the following documents: Exhibit A:Plaintiff's Memorandum of Law In Support of Its Application For an Order of Seizure and Impoundment and Motion For Temporary Sealing of the Court File; Exhibit B:Affirmation of Walter-Michael Lee; and Exhibit C: Affirmation of Mason Tse. (This document was previously filed under seal envelope # 2 and unsealed with order #4). Document filed by U2 Home Entertainment, Inc.. (jmi) |
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Filing 7
ORDER that Plaintiff is authorized under the supervision and with the assistance of the United States Marshal on or before 6/19/2009 to take all necessary steps to secure and remove: a) any and all unauthorized videocassettes, laser discs, video compact discs ("VCD"), digital versatile discs ("DVD"),(VCDs and DVDs may hereinafter be referred to as "videodiscs") and packaging of the motion pictures of which plaintiff holds exclusive distribution rights under Copyright including but not limited to those set forth in Exhibit A to the Complaint and attached hereto as Exhibit A ("Plaintiffs Motion Pictures"); which, upon visual examination, do not bear the distinguishing characteristics of Plaintiff's authorized videocassettes and videodiscs including: professional packaging and labeling containing the distinctive art work and trademarks of the distributing company, such as the trademark "TAI SENG ENTERTAINMENT" or "TAISENG VIDEO MARKETING" or the trademark design for Television Broadcast Limited (Hong Kong); or Plaintiffs trade names CENTURY HOME ENTERTAINMENT, NEW IMAGE AUDIO & VIDEO, TAI SENG ENTERTAINMENT or TAI SENG VIDEO MARKETING; FBI "warning" stickers on the face and side of each copy; or have the following distinguishing characteristics of unauthorized copies of the Plaintiffs Motion Pictures including: videodiscs using simplified Chinese writing; videodiscs that are plain silver or plain white discs; videodiscs that do not have professional printing on the face of the disc or on the packaging; videodiscs bearing warning notices, such as "For Sale in the People's Republic of China only", or "Distribution outside People's Republic of China prohibited"; and any and all means for making the same including, without limitation, masters and machines, computers, devices or equipment wired to facilitate the making of or to assist in the making of infringing copies or packaging therefore; seizing said articles as may be found in the possession or control of defendants or its agents or employees at the place of business known as "Mainstream Wireless Inc." and "A&J Telecom Inc." located at 279 Grand Street, New York, New York I0002; and it is further ORDERED, that trained representatives of Plaintiff, on behalf of whom the Order is being issued, shall accompany and assist the United States Marshal in the execution of the Order of Seizure to inspect and test videocassettes and videodiscs that may be subject to impoundment and take all necessary steps to secure and remove any and all infringing copies, packaging and equipment and other items as described above; and it is further ORDERED, that when executing the seizure, the United States Marshal shall serve a copy of this Order, the several documents upon which the Order is based as recited herein, and the Summons and Complaint, by leaving them at the place of business of defendants or at the place where such articles are found, or with any agent, employee, or officer of defendants, or with any person of suitable age and discretion; and that the United States Marshal make immediate return of service, and of such seizure or attempted seizure to this Court; and it is further ORDERED, that the United States Marshal may use such force as may be reasonably necessary to gain access to the premises and anyone interfering with the execution of this Order is subject to arrest by the United States Marshal and/or his or her representative; and it is further ORDERED, that the United States Marshal deliver all articles seized to Gibney, Anthony & Flaherty LLP, counsel for Plaintiff, who shall retain and shall act as substitute custodian of any and all property seized pursuant to the order and shall hold harmless the United States Marshals Service and its employees from any and all claims, asserted in any court or tribunal, arising from any acts, incidents, or occurrences in connection with the seizure and possession of the defendants' property, including any third-party claims; and it is furtherORDERED, Plaintiff, on whose behalf the Court issues this Order, will account completely for all property seized pursuant to this Order and shall compile a written inventory of all such property and shall provide a copy to the United States Marshal, who shall include such a copy with his return to the court; and is further ORDERED, that defendants show cause before this Court located at 500 Pearl Street, New York, New York 10007 on 6/26/2009 at 11:00 a.m. in Room 11A, or as soon thereafter as counsel can be heard, why this Order of Seizure, which directed the United States Marshal to seize and impound, and counsel for Plaintiff to maintain in a secure place, all unauthorized videocassettes, and videodiscs of Plaintiffs Motion Pictures, unauthorized packaging therefore and all devices for manufacturing infringing copies of motion pictures was improperly issued; and it is further ORDERED, that if defendants fail to appear at the above hearing without prior consent of the Court, defendants waive their right to contest the propriety of the issuance of this Order, the execution thereof, or the adequacy and sufficiency of the bond filed in connection with this Order; and it is further ORDERED, that the bond submitted on behalf of Plaintiff in the amount of $10,000,00 shall be deemed adequate security for the payment of such costs and damages which may be incurred by defendants if the relief herein is found to have been improvidently granted; and it is further ORDERED, that service of a copy of this Order, together with the underlying papers upon which it was granted and the Summons and Complaint, shall be deemed good and sufficient service if made upon defendants by delivering a copy of same to an agent or employee of defendants of suitable age and discretion at their place of business; and it is further ORDERED that defendants' written opposition to this Order to Show Cause, if any, be served and upon Plaintiffs counsel filed with the Court for receipt three (3) days prior to the return date set forth above; and that Plaintiffs reply, if any, be served and filed with the Court for receipt one (1) day prior to the return date; and it is further ORDERED, that the file in this action be sealed pending further order of this Court or notification to the Clerk that the Order of Seizure has been executed; and it is further ORDERED, that the Clerk of this Court may have access to the sealed file to implement or insure compliance with the orders issued in this case. (This document was previously filed under seal envelope # 2 and unsealed with order #4. (Signed by Judge Colleen McMahon on 6/10/2009) (jmi)
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| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by U2 Home Entertainment, Inc. (This document was previously filed under seal envelope # 2 and unsealed with order #4). (jmi) |
| Filing 5 COMPLAINT against Mainstream Wireless Inc., A&J Telecom Inc., Ang Tai Cheng, Ang Tai Cheng, Chao Qiang Zheng, U2 Home Entertainment, Inc.. (Filing Fee $ 350.00, Receipt Number 690555)Document filed by U2 Home Entertainment, Inc.(This document was previously filed under seal envelope # 2 and unsealed with order #4). (jmi) Modified on 6/29/2009 (jmi). |
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Filing 4
ORDER; WHEREAS, the Court having been advised by plaintiff's counsel that on June 19, 2009, the Order of Seizure was executed, it is hereby: ORDERED, that the file of this case is unsealed. (Signed by Judge Paul A. Crotty on 6/26/2009) (rt)
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Filing 13
ENDORSED LETTER addressed to Judge Sullivan, Judge Chin and Judge Crotty from Walter-Michael Lee dated June 18, 2009 re: We respectfully request that in the matter of, inter alia, judicial economy, the above captioned matters be declared related and assigned to one judge. We also respectfully request that these separate hearings be consolidated to one hearing at a time convenient for the Court. ENDORSEMENT: The matter will be consolidated and heard on 6/26/2009 at 11 AM. SO ORDERED. (Signed by Judge Paul A. Crotty on June 24, 2009) (mov)
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| CASE ACCEPTED AS RELATED. Create association to 1:09-cv-05360-PAC. (mov) |
| Filing 10 NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Denny Chin is no longer assigned to the case. (ldi) |
| Filing 3 SEALED DOCUMENT placed in vault.(jri) |
| Filing 2 SEALED DOCUMENT placed in vault.(jri) |
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Filing 1
ORDER, Case sealed. (Signed by Judge Colleen McMahon on 06/10/2009) (jri) Modified on 6/12/2009 (jri).
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| Magistrate Judge Michael H. Dolinger is so designated. (jri) |
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