Tapestry, Inc. et al. v. baoqingtianff et al.
| Stuart Weitzman IP, LLC, Kate Spade LLC, Tapestry, Inc., ABC and Coach IP Holdings LLC |
| lingieguang8, zhouzaiqiang123, honghua68, adds1688, longvui1508, freemenx, hanghaikkk, nengneng1588, fanfu118, sahara2006, tfhhao5day, minl5159, yeshenle16, cheapsell511, tea74, renzaijianghu9898, shunfengshunshui59, DEF, chuntian158a, zxq227, topbest2011bag, misswu2017, taishan2536, facaitong, baoqingtianff, qingyang106, manzhengyin, wytwfc, vrvxobyqqh1951739 and yuanmuzhen |
| 1:2018cv07650 |
| August 22, 2018 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Trademark |
| 15 U.S.C. § 1051 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 11, 2018. A more recent docket listing may be available from PACER.
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| Filing 20 CERTIFICATE OF SERVICE. adds1688 served on 8/28/2018, answer due 9/18/2018; baoqingtianff served on 8/28/2018, answer due 9/18/2018; cheapsell511 served on 8/28/2018, answer due 9/18/2018; chuntian158a served on 8/28/2018, answer due 9/18/2018; facaitong served on 8/28/2018, answer due 9/18/2018; fanfu118 served on 8/28/2018, answer due 9/18/2018; freemenx served on 8/28/2018, answer due 9/18/2018; hanghaikkk served on 8/28/2018, answer due 9/18/2018; honghua68 served on 8/28/2018, answer due 9/18/2018; lingieguang8 served on 8/28/2018, answer due 9/18/2018; longvui1508 served on 8/28/2018, answer due 9/18/2018; manzhengyin served on 8/28/2018, answer due 9/18/2018; minl5159 served on 8/28/2018, answer due 9/18/2018; misswu2017 served on 8/28/2018, answer due 9/18/2018; nengneng1588 served on 8/28/2018, answer due 9/18/2018; qingyang106 served on 8/28/2018, answer due 9/18/2018; renzaijianghu9898 served on 8/28/2018, answer due 9/18/2018; sahara2006 served on 8/28/2018, answer due 9/18/2018; shunfengshunshui59 served on 8/28/2018, answer due 9/18/2018; taishan2536 served on 8/28/2018, answer due 9/18/2018; tea74 served on 8/28/2018, answer due 9/18/2018; tfhhao5day served on 8/28/2018, answer due 9/18/2018; topbest2011bag served on 8/28/2018, answer due 9/18/2018; vrvxobyqqh1951739 served on 8/28/2018, answer due 9/18/2018; wytwfc served on 8/28/2018, answer due 9/18/2018; yeshenle16 served on 8/28/2018, answer due 9/18/2018; yuanmuzhen served on 8/28/2018, answer due 9/18/2018; zhouzaiqiang123 served on 8/28/2018, answer due 9/18/2018; zxq227 served on 8/28/2018, answer due 9/18/2018. Document filed by Stuart Weitzman IP, LLC; Coach IP Holdings LLC; Tapestry, Inc.; Kate Spade LLC. (Scully, Brieanne) |
Filing 19
ORDER: Plaintiffs have until December 4, 2018 to either move for default judgment or provide the Court with a status report to the progress of discovery and the future course of this litigation. SO ORDERED. (Motions due by 12/4/2018.) (Signed by Judge Paul A. Engelmayer on 9/6/2018) (anc)
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Filing 18
PRELIMINARY INJUNCTION ORDER: The injunctive relief previously granted in the TRO shall remain in place through the pendency of this litigation, and issuing this Preliminary Injunction Order (hereinafter, "PI Order") is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the Lanham Act. Accordingly, Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or until further order of the Court: manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in Counterfeit Products or any other products bearing the Tapestry Marks and/or marks that are confusingly similar to, identical to and constitute a counterfeiting and/or infringement of the Tapestry Marks and/or products that are identical or confusingly or substantially similar to Tapestry Products; and as further set forth herein. The $25,000.00 bond posted by Plaintiffs shall remain with the Court until a final disposition of this case or until this PI Order is terminated. This PI Order shall remain in effect during the pendency of this action, or until further order of the Court. Any Defendants that are subject to this PI Order may appear and move to dissolve or modify the PI Order on two (2) days' notice to Plaintiffs or on shorter notice as set by the Court. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/6/2018) (anc) Modified on 9/7/2018 (anc).
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| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Show Cause Hearing held on 9/6/2018. Mary Brennan & Spencer Wolgang present for Plaintiffs. Defendant not represented. Court reporter present. (ajs) |
| CASHIERS OFFICE REGISTRY DEPOSIT as per #17 Order to Show Cause Set Deadlines dated 8/23/18, from Judge Paul A. Engelmayer, received $25,000.00 from EPSTEIN DRANGEL LLP for PLAINTIFFS Receipt Number 465401217319 on 08/31/18. (jom) |
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Filing 17
TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING ALTERNATIVE SERVICE BY ELECTRONIC MEANS; AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY filed by Coach IP Holdings LLC, Kate Spade LLC, Stuart Weitzman IP, LLC, Tapestry, Inc. Defendants shall show cause as to why a preliminary injunction, pursuant to FRCP 65(a), should not issue. Show Cause Hearing set for 9/6/2018 at 11:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Show Cause Response due by 8/30/2018. Replies due by 9/4/2018. Based on the foregoing findings of fact and conclusions of law, Plaintiffs' Application is hereby GRANTED as follows (the "Order"): IT IS HEREBY ORDERED, as sufficient cause has been shown, that Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the hearing and determination of Plaintiffs' Application for a preliminary injunction as referenced in Paragraph (II)(A) below: 1) manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in Counterfeit Products, or any other products bearing the Tapestry Marks and/or marks that are confusingly similar to, identical to and constitute a counterfeiting or infringement of the Tapestry Marks, and as further set forth in this order. IT IS FURTHER ORDERED that Plaintiffs shall place security in the amount of $25,000 with the Court which amount is determined adequate for the payment of any damages any person may be entitled to recover as a result of an improper or wrongful restraint ordered hereunder. (Signed by Judge Paul A. Engelmayer on 8/23/2018) (***Previously filed under seal in envelope #3, and unsealed on 8/29/2018.***) (jwh) Modified on 8/31/2018 (jwh).
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| Filing 16 DECLARATION OF JESSICA ARNAIZ AND ACCOMPANYING EXHIBIT IN SUPPORT OF PLAINTIFFS' EX PARTE APPLICATION FOR: 1) TEMPORARY RESTRAINING ORDER; 2) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 3) ASSET RESTRAINING ORDER; 4) ORDER AUTHORIZING ALTERNATIVE SERVICE BY ELECTRONIC MEANS AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY re: #12 MOTION for Temporary Restraining Order. Document filed by Coach IP Holdings LLC, Kate Spade LLC, Stuart Weitzman IP, LLC, Tapestry, Inc. (Attachments: #1 Exhibit A) (***Previously filed under seal in envelope #2, and unsealed on 8/29/2018.***) (jwh) |
| Filing 15 DECLARATION OF MARY KATE BRENNAN AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: 1) TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING ALTERNATIVE SERVICE BY ELECTRONIC MEANS AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY re: #12 MOTION for Temporary Restraining Order.. Document filed by Coach IP Holdings LLC, Kate Spade LLC, Stuart Weitzman IP, LLC, Tapestry, Inc.. (***Previously filed under seal in envelope #2, and unsealed on 8/29/2018.***) (jwh) |
| Filing 14 DECLARATION OF KARLA ASPIRAS AND ACCOMPANYING EXHIBIT IN SUPPORT OF PLAINTIFFS' EX PARTE APPLICATION FOR: 1) TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) AN ORDER AUTHORIZING ALTERNATIVE SERVICE BY ELECTRONIC MEANS AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY re: #12 MOTION for Temporary Restraining Order. Document filed by Coach IP Holdings LLC, Kate Spade LLC, Stuart Weitzman IP, LLC, Tapestry, Inc. (Attachments: #1 Exhibit A pt. 1, #2 Exhibit A pt. 2)(jwh) (***Previously filed under seal in envelope #2, and unsealed on 8/29/2018.***) Modified on 8/31/2018 (jwh). |
| Filing 13 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' 1) EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING ALTERNATIVE SERVICE BY ELECTRONIC MEANS AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY re: #12 MOTION for Temporary Restraining Order. Document filed by Coach IP Holdings LLC, Kate Spade LLC, Stuart Weitzman IP, LLC, Tapestry, Inc. (***Previously filed under seal in envelope #2, and unsealed on 8/29/2018.***) (jwh) |
| Filing 12 [PROPOSED] 1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING ALTERNATIVE SERVICE BY ELECTRONIC MEANS; AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY. Document filed by Coach IP Holdings LLC, Kate Spade LLC, Stuart Weitzman IP, LLC, Tapestry, Inc. (***Previously filed under seal in envelope #2, and unsealed on 8/29/2018.***) (jwh) |
| Filing 11 MOTION TO EXCEED PAGE LIMIT OF PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' EX PARTE APPLICATION FOR: 1) A TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE;4) AN ORDER AUTHORIZING ALTERNATIVE SERVICE BY ELECTRONIC MEANS AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY. Document filed by Coach IP Holdings LLC, Kate Spade LLC, Stuart Weitzman IP, LLC, Tapestry, Inc. (Attachments: #1 Text of Proposed Order) (***Previously filed under seal in envelope #2, and unsealed on 8/29/2018.***) (jwh) |
| Filing 10 SUMMONS IN A CIVIL ACTION issued as to DEF, adds1688, baoqingtianff, cheapsell511, chuntian158a, facaitong, fanfu118, freemenx, hanghaikkk, honghua68, lingieguang8, longvui1508, manzhengyin, minl5159, misswu2017, nengneng1588, qingyang106, renzaijianghu9898, sahara2006, shunfengshunshui59, taishan2536, tea74, tfhhao5day, topbest2011bag, vrvxobyqqh1951739, wytwfc, yeshenle16, yuanmuzhen, zhouzaiqiang123, zxq227. (***Previously filed under seal in envelope #2, and unsealed on 8/29/2018.***) (jwh) |
| Filing 9 CIVIL COVER SHEET filed. (***Previously filed under seal in envelope #2, and unsealed on 8/29/2018.***) (jwh) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Tapestry for Coach IP Holdings LLC, Kate Spade LLC, Stuart Weitzman IP, LLC. Document filed by Coach IP Holdings LLC, Kate Spade LLC, Stuart Weitzman IP, LLC, Tapestry, Inc. (***Previously filed under seal in envelope #2, and unsealed on 8/29/2018.***) (jwh) |
| Filing 7 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (***Previously filed under seal in envelope #2, and unsealed on 8/29/2018.***) (jwh) |
| Filing 6 COMPLAINT against DEF, adds1688, baoqingtianff, cheapsell511, chuntian158a, facaitong, fanfu118, freemenx, hanghaikkk, honghua68, lingieguang8, longvui1508, manzhengyin, minl5159, misswu2017, nengneng1588, qingyang106, renzaijianghu9898, sahara2006, shunfengshunshui59, taishan2536, tea74, tfhhao5day, topbest2011bag, vrvxobyqqh1951739, wytwfc, yeshenle16, yuanmuzhen, zhouzaiqiang123, zxq227. (Filing Fee $ 400.00.)Document filed by Stuart Weitzman IP, LLC, Coach IP Holdings LLC, Tapestry, Inc., Kate Spade LLC. (Attachments: #1 Exhibit A pt. 1, #2 Exhibit A pt. 2) (jwh) (Additional attachment(s) added on 8/31/2018: #3 Exhibit B) (***Previously filed under seal in envelope #2, and unsealed on 8/29/2018.***) (jwh). Modified on 8/31/2018 (jwh). |
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Filing 5
ORDER TEMPORARILY SEALING FILE: On this day, the Court considered Plaintiffs' Application to Temporarily File Under Seal and it is hereby ORDERED that the Clerk of the Court shall maintain the documents associated with the above-referenced action, including, but not limited to, Plaintiffs' Complaint and exhibits attached thereto and Plaintiffs' ex parte application for: 1) a temporary restraining order; 2) an order restraining assets and Merchant Storefronts; 3) an order to show cause why a preliminary injunction should not issue; 4) an order authorizing alternative service; and 5) an order authorizing expedited discovery ("Application") and the supporting declarations of Jessica Amaiz, Karla Aspiras and Mary Kate Brennan and exhibits attached thereto under seal until further order by the assigned judge. It is also hereby ORDERED that, notwithstanding this Order to Temporarily Seal File, the Clerk of the Court shall have authority to provide Plaintiffs with certified copies of any orders entered in this matter while under seal. (Signed by Judge Valerie E. Caproni, PART I, on 8/22/2018) (***Previously filed under seal in envelope #2, and unsealed on 8/29/2018.***) (jwh) Modified on 8/31/2018 (jwh).
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Filing 4
ORDER Granted. Upon counsel's representation that defendants have been served and that no basis remains for maintaining this case under seal, the Court hereby orders this case to be unsealed. The Clerk of Court is respectfully directed directed to unseal this case. (Signed by Judge Paul A. Engelmayer on 8/29/18) (rz)
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| Filing 3 SEALED DOCUMENT placed in vault.(rz) |
| Filing 2 SEALED DOCUMENT placed in vault.(rz) |
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Filing 1
ORDER, Case sealed. (Signed by Judge Valerie E. Caproni on 8/22/18) (rz)
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| Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (rz) |
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