Tory Burch LLC, et al v. Yong Sheng International Trade Co., Ltd, et al Featured Case

Fashion designer Tory Burch's trademark infringement and anti-cybersquatting case against dozens of counterfeiters in China.

Plaintiff: ABC
Defendant: DEF
Case Number: 1:2010cv09336
Filed: December 14, 2010
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Deborah A. Batts
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1051 Trademark Infringement
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 11, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 13, 2011 Filing 29 DEFAULT JUDGMENT AND PERMANENT INJUNCTION # 11,0876 in favor of River Light V, L.P., and Tory Burch LLC against China Sunshine International Trading Co. Ltd., DEF, Dongwei, Dylan, FreeShippingHangbag.com, JessK12010, Jiaxintong Import & Export Co. Ltd., John and Jane Does, KeyWholeSale.com Inc, Linjianping, LouBoutinTime.com, Million Man, Nine Nine Trade, OnestopOnlineShopping.com, ToryBurchMall.com, Vecto S., WholeSaleUsLive.com, XYZ Companies, Yong Sheng International Trade Co., Ltd., Zhongtian, Zhuzixian, Antleo Lin, Bill Fisher, Bingfeng Qui, Chen Jiongyang, Colo Chong, Congdada Pena, Jack Wilson, JianGuo Chen, Jq Lin, Li Bin, Li Yaxiachai, Lida Yong, Rao Yuzhao, Rihong Lin, Ruan Fa, Wu Dong, Wu Junyu, Xiao Xianmo, Xinli Chen, Yang Qiao, Ye Junjie, Yucang Li, and Zhan Jiaquin, each, in the amount of $ 4,000,000.00. (Signed by Judge Deborah A. Batts on 5/13/11) (ml)
May 9, 2011 Filing 28 NOTICE of Non-Response By Defendants to Plaintiffs' Motion for a Default Judgment re: 23 FIRST MOTION for Default Judgment as to YONG SHENG INTERNATIONAL TRADE CO., LTD; CONGDADA PENA; BINGFENG QUI; LI YAXIACHAI; LI BIN et al... Document filed by River Light V, L.P., Tory Burch LLC. (Gelin, Scott)
April 11, 2011 Filing 27 AFFIDAVIT OF SERVICE of Plaintiffs' Default Judgment Papers served on All Defendants on 04/07/2011. Service was made by registered email. Document filed by River Light V, L.P., Tory Burch LLC. (Gelin, Scott)
April 5, 2011 Filing 26 DECLARATION of MATTHEW HEWLETT in Support re: 23 FIRST MOTION for Default Judgment as to YONG SHENG INTERNATIONAL TRADE CO., LTD; CONGDADA PENA; BINGFENG QUI; LI YAXIACHAI; LI BIN et al... Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit A)(Gelin, Scott)
April 5, 2011 Filing 25 DECLARATION of SCOTT GELIN in Support re: 23 FIRST MOTION for Default Judgment as to YONG SHENG INTERNATIONAL TRADE CO., LTD; CONGDADA PENA; BINGFENG QUI; LI YAXIACHAI; LI BIN et al... Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit A)(Gelin, Scott)
April 5, 2011 Filing 24 MEMORANDUM OF LAW in Support re: 23 FIRST MOTION for Default Judgment as to YONG SHENG INTERNATIONAL TRADE CO., LTD; CONGDADA PENA; BINGFENG QUI; LI YAXIACHAI; LI BIN et al... Document filed by River Light V, L.P., Tory Burch LLC. (Gelin, Scott)
April 5, 2011 Filing 23 FIRST MOTION for Default Judgment as to YONG SHENG INTERNATIONAL TRADE CO., LTD; CONGDADA PENA; BINGFENG QUI; LI YAXIACHAI; LI BIN et al.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order Proposed Default Judgment and Permanent Injunction)(Gelin, Scott)
January 21, 2011 Filing 22 DECLARATION of Scott Gelin in Support re: 21 MOTION for Default Judgment as to Defaulting Defendants.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Clerk's Certificate of Default)(Gelin, Scott)
January 21, 2011 Filing 21 MOTION for Default Judgment as to Defaulting Defendants. Document filed by River Light V, L.P., Tory Burch LLC.(Gelin, Scott)
January 19, 2011 Filing 20 TRANSCRIPT of proceedings held on 1/4/2011 before Judge Deborah A. Batts. (mbe)
January 12, 2011 Filing 19 CERTIFICATE OF SERVICE of Summons and Complaint. Li Bin served on 12/22/2010, answer due 1/12/2011; JianGuo Chen served on 12/22/2010, answer due 1/12/2011; Xinli Chen served on 12/22/2010, answer due 1/12/2011; China Sunshine International Trading Co. Ltd. served on 12/22/2010, answer due 1/12/2011; Colo Chong served on 12/22/2010, answer due 1/12/2011; DEF served on 12/22/2010, answer due 1/12/2011; Wu Dong served on 12/22/2010, answer due 1/12/2011; Dongwei served on 12/22/2010, answer due 1/12/2011; Dylan served on 12/22/2010, answer due 1/12/2011; Ruan Fa served on 12/22/2010, answer due 1/12/2011; Bill Fisher served on 12/22/2010, answer due 1/12/2011; FreeShippingHangbag.com served on 12/22/2010, answer due 1/12/2011; JessK12010 served on 12/22/2010, answer due 1/12/2011; Zhan Jiaquin served on 12/22/2010, answer due 1/12/2011; Jiaxintong Import & Export Co. Ltd. served on 12/22/2010, answer due 1/12/2011; Chen Jiongyang served on 12/22/2010, answer due 1/12/2011; John and Jane Does served on 12/22/2010, answer due 1/12/2011; Ye Junjie served on 12/22/2010, answer due 1/12/2011; Wu Junyu served on 12/22/2010, answer due 1/12/2011; KeyWholeSale.com Inc served on 12/22/2010, answer due 1/12/2011; Yucang Li served on 12/22/2010, answer due 1/12/2011; Antleo Lin served on 12/22/2010, answer due 1/12/2011; Jq Lin served on 12/22/2010, answer due 1/12/2011; Rihong Lin served on 12/22/2010, answer due 1/12/2011; Linjianping served on 12/22/2010, answer due 1/12/2011; LouBoutinTime.com served on 12/22/2010, answer due 1/12/2011; Million Man served on 12/22/2010, answer due 1/12/2011; Nine Nine Trade served on 12/22/2010, answer due 1/12/2011; OnestopOnlineShopping.com served on 12/22/2010, answer due 1/12/2011; Congdada Pena served on 12/22/2010, answer due 1/12/2011; Yang Qiao served on 12/22/2010, answer due 1/12/2011; Bingfeng Qui served on 12/22/2010, answer due 1/12/2011; ToryBurchMall.com served on 12/22/2010, answer due 1/12/2011; Vecto S. served on 12/22/2010, answer due 1/12/2011; WholeSaleUsLive.com served on 12/22/2010, answer due 1/12/2011; Jack Wilson served on 12/22/2010, answer due 1/12/2011; XYZ Companies served on 12/22/2010, answer due 1/12/2011; Xiao Xianmo served on 12/22/2010, answer due 1/12/2011; Li Yaxiachai served on 12/22/2010, answer due 1/12/2011; Lida Yong served on 12/22/2010, answer due 1/12/2011; Yong Sheng International Trade Co., Ltd. served on 12/22/2010, answer due 1/12/2011; Rao Yuzhao served on 12/22/2010, answer due 1/12/2011; Zhongtian served on 12/22/2010, answer due 1/12/2011; Zhuzixian served on 12/22/2010, answer due 1/12/2011. Service was accepted by Pursuant to Court Order signed by Judge Batts dated 12/17/2010. Document filed by Tory Burch LLC; River Light V, L.P.. (Attachments: # 1 Summons)(Gelin, Scott)
January 4, 2011 Filing 18 DECLARATION of Scott Gelin in Support of 8 Plaintiffs' Ex Parte Application for Temporary Restraining Order, Order to Disable Certain Web Sites, Asset Restraining Order, Exp; Document filed by River Light V, L.P., Tory Burch LLC. (This document was originally filed under seal in envelope # 4 and unsealed on 1/04/2011) (lnl)
January 4, 2011 Filing 17 PLAINTIFF'S INJUNCTION BOND TO DEFENDNAT - Temporary Restraining Order - Surety BOND in the amount of $ 25,000.00 posted by River Light V, L.P., Tory Burch LLC. (This document was originally filed under seal in envelope # 3 and unsealed on 1/04/2011) (lnl)
January 4, 2011 Filing 16 SUPPLEMENTAL DECLARATION of Matthew Hewlett in Support of 8 Ex Parte Application for Temporary Restraining Order, Order to Disable Certain Web Sites, Asset Restraining Order, Expedited Discovery Order and Order to Show Cause for Preliminary Injunction; Document filed by River Light V, L.P., Tory Burch LLC. (This document was originally filed under seal in envelope # 3 and unsealed on 1/04/2011) (lnl)
January 4, 2011 Filing 15 DECLARATION of Scott Gelin in Support of 8 Plaintiffs' Ex Parte Application for Temporary Restraining Order, Order to Disable Certain Web Sites, Asset Restraining Order, Expedited Discovery Order and Order to Show Cause for Preliminary Injunction; Document filed by River Light V, L.P., Tory Burch LLC. (This document was originally filed under seal in envelope # 3 and unsealed on 1/04/2011) (lnl)
January 4, 2011 Filing 14 DECLARATION of Ying Frey in Support of 8 Ex Parte Application for Temporary Restraining Order, Order to Disable Certain Web Sites, Asset Restraining Order, Expedited Discovery Order and Order to Show Cause for Preliminary Injunction; Document filed by River Light V, L.P., Tory Burch LLC. (This document was originally filed under seal in envelope # 3 and unsealed on 1/04/2011) (lnl)
January 4, 2011 Opinion or Order Filing 13 ORDER TO SEAL, that the Clerk of the Court shall maintain the documents associated with Plaintiffs' ex parte Application for a Temporary Restraining Order, Order to Disable Certain Web Sites, Asset Restraining Order, Expedited Discovery Order and Order to Show Cause for Preliminary Injunction under seal pending further order of the Court. (This document was originally filed under seal in envelope # 2 and unsealed on 1/04/2011). (Signed by Judge Shira A. Scheindlin on 12/14/2010) (lnl)
January 4, 2011 Filing 12 DECLARATION of Seth E. Kertzer in Support of 8 Plaintiffs' Ex Parte Application for Temporary Restraining Order, Order to Disable Certain Web Sites, Asset Restraining Order, Expedited Discovery Order and Order to Show Cause for Preliminary Injunction; Document filed by River Light V, L.P., Tory Burch LLC. (This document was originally filed under seal in envelope # 2 and unsealed on 1/04/2011) (lnl)
January 4, 2011 Filing 11 DECLARATION of Amanda Sachs in Support of 8 Plaintiffs' Ex Parte Application for Temporary Restraining Order, Order to Disable Certain Web Sites, Asset Restraining Order, Expedited Discovery Order and Order to Show Cause for Preliminary Injunction; Document filed by River Light V, L.P., Tory Burch LLC. (This document was originally filed under seal in envelope # 2 and unsealed on 1/04/2011) (lnl)
January 4, 2011 Filing 10 DECLARATION of Matthew Hewlett in Support of 8 Plaintiffs' Ex Parte Application for Temporary Restraining Order, Order to Disable Certain Web Sites, Asset Restraining Order, Expedited Discovery Order and Order to Show Cause for Preliminary Injunction. Document filed by River Light V, L.P., Tory Burch LLC. (This document was originally filed under seal in envelope # 2 and unsealed on 1/04/2011) (lnl)
January 4, 2011 Filing 9 MEMORANDUM OF LAW in Support of 8 Plaintiff's Ex Parte Application for Temporary Restraining Order, Order to Disable Certain Web Sites, Asset Restraining Order, Expedited Discovery Order and Order to Show Cause for Preliminary Injunction; Document filed by River Light V, L.P., Tory Burch LLC. (This document was originally filed under seal in envelope # 2 and unsealed on 1/04/2011) (lnl)
January 4, 2011 Filing 8 APPLICATION to Seal File of Plaintiffs' Ex Parte Application for Temporary Restraining Order, Order to Disable Certain Web Sites, Asset Restraining Order, Expedited Discovery Order and Order to Show Cause for Preliminary Injunction. Document filed by River Light V, L.P., Tory Burch LLC. (This document was originally filed under seal in envelope # 2 and unsealed on 1/04/2011) (lnl)
January 4, 2011 Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Tory Burch LLC as Corporate Parent. Document filed by River Light V, L.P., Tory Burch LLC. (This document was originally filed under seal in envelope # 2 and unsealed on 1/04/2011) (lnl)
January 4, 2011 Filing 6 COMPLAINT against All Defendants. (Filing Fee $ 350.00, Receipt Number 923575) Document filed by Tory Burch LLC, River Light V, L.P. (This document was originally filed under seal in envelope # 2 and unsealed on 1/04/2011) (lnl)
January 4, 2011 Opinion or Order Filing 5 PRELIMINARY INJUNCTION ORDER: It is hereby ordered that Defendants, their officers, agents servants and employees and any persons in active concert or participation with them are preliminarily enjoined and restrained, as set forth in this Order. It is further ordered that the seal on this action is hereby removed. (Signed by Judge Deborah A. Batts on 1/4/2011) (nm) Modified on 1/4/2011 (jpo).
January 4, 2011 Filing 4 SEALED DOCUMENT placed in vault.(nm)
December 23, 2010 Filing 3 SEALED DOCUMENT placed in vault.(nm)
December 15, 2010 Filing 2 SEALED DOCUMENT placed in vault.(cb)
December 14, 2010 Opinion or Order Filing 1 ORDER, Case sealed. (Signed by Judge Shira A. Scheindlin on 12/14/2010) (cb) Modified on 12/15/2010 (cb).
December 14, 2010 Magistrate Judge Kevin Nathaniel Fox is so designated. (cb)

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Plaintiff: ABC
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