C & L International Trading Inc. et al v. Chung Kee (USA) International Inc. et al
| C & L International Trading Inc. and Kam Ng |
| Chung Kee (USA) International Inc., Yat Chau (USA) Inc., Tung Ren Tang, Ron Feng Trading Inc., Fargo Trading Inc., Yong Long Supermarket Inc. and Po Wing Hong Food Market Inc. |
| 1:2013cv02638 |
| April 22, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Louis L. Stanton |
| Trademark |
| 15 U.S.C. ยง 1114 Trademark Infringement |
| Plaintiff |
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Filing
140
OPINION AND ORDER. C&L's motion for summary judgment on the issue of damages (Dkt. No. 148) is denied. So ordered. re: (148 in 1:13-cv-02763-LLS, 114 in 1:13-cv-02638-LLS) MOTION for Judgment on Damages filed by C&L International Trading Inc., C & L International Trading Inc. (Signed by Judge Louis L. Stanton on 4/22/2015) Filed In Associated Cases: 1:13-cv-02638-LLS, 1:13-cv-02763-LLS Copies Mailed By Chambers. (rjm)
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Filing
99
AMENDED OPINION AND INJUNCTION: The June 25, 2014, Order and Injunction (13 Civ. 2638 (LLS) Dkt. No. 61; 13 Civ. 2763 (LLS) Dkt. No. 84) is amended to read as follows: American Tibetan Health Institute, Inc. ("ATHI") and Kam Ng both sell Ch inese herbal medicinal tea called "Tibetan Baicao Tea," packaged in substantially similar boxes. These cases are cross-suits: each side sues the other side for trademark infringement, among other claims, alleging its right to exclusive comm ercial use of the name "Tibetan Baicao Tea" and design marks found on the tea boxes. The parties do not dispute that the tea boxes bearing the disputed marks are sold in commerce, and are sufficiently similar such that the sale of both is l ikely to cause confusion among consumers. The sole dispute is which party - ATHI or Kam Ng has the right to use the disputed marks in commerce. ATHI moved to preliminarily enjoin Kam Ng from selling Tibetan Baicao Tea. All parties agreeing that the only material issues in substantial dispute were which of them had first used its marks in commerce in the United States and (if it was ATHI) whether ATHI had thereafter abandoned the marks, the hearing on that motion was consolidated with a trial on the merits under Fed. R. Civ. P. 65(a)(2). A jury trial of those two issues was held from March 24 to 27, 2014. The jury determined that ATHI was the first to use its trademarks in commerce, and did not later abandon the marks. For the reasons that follow, the injunction is granted. (See Order.) (Signed by Judge Louis L. Stanton on 12/3/2014) Filed In Associated Cases: 1:13-cv-02638-LLS, 1:13-cv-02763-LLS(ajs)
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Filing
61
OPINION AND INJUNCTION: re: (76 in 1:13-cv-02763-LLS) MOTION Proposed Order for Permanent Injunction and Seizure re: (65) Order filed by American Tibetan Health Institute, Inc. For the reasons that follow, the injunction is granted. And as set forth herein. SO ORDERED. (Signed by Judge Louis L. Stanton on 6/25/2014) (ama)
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Filing
33
OPINION AND ORDER re: (19 in 1:13-cv-02638-LLS) MOTION to Dismiss Plaintiff's First Amended Complaint filed by Yong Long Supermarket Inc., Ron Feng Trading Inc., Yat Chau (USA) Inc., Chung Kee (USA) International Inc., Po Wing Hong Food M arket Inc., Tung Ren Tang: Defendants' motion to dismiss the amended complaint (Dkt. No. 19) is granted with respect to count two of the amended complaint. It is denied with respect to all other counts. (Signed by Judge Louis L. Stanton on 11/18/2013) ***Filed in 13cv2638 and 13cv2763. (tn)
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