Kipling Apparel Corp. v. Boading Baigou Xincheng Younuo Trading Co., Ltd et al
| Kipling Apparel Corp. |
| Ecolaki, MiCoolker, Chuangli, Eaglebeky, The World of Queenie Wong, Travistar, Dijinghao Shop, Shenzhen XinYu Innovation Technology Ltd., Big Mango, Jane Doe, Degohome, Bagtopia, Itesoon, Cloth Shake, Hynbase, Youde, Melord, John Doe, Shenzhen Fancier Industrial Co., Ltd., Edfamily, Tiny Chou, Asm's Bag Store, Shop D'Oro, Honesty & Reliable Store, Noel Pullman, Nanrui Trading, Boading Baigou Xincheng Younuo Trading Co., Ltd, TianHengYi, XYZ Companies, Emily Boutique, Kesee, YallFairy/YallFF, GuiShi E-Commerce Co., Ltd and Baisite Mall |
| 1:2018cv08333 |
| September 13, 2018 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Trademark |
| 15 U.S.C. § 1051 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 17 LETTER MOTION for Leave to File Amended Complaint and Request to Amend Order Re Email Service addressed to Judge Andrew L. Carter, Jr. from Susan M. Kayser dated November 7, 2018. Document filed by Kipling Apparel Corp..(Kayser, Susan) |
| Filing 16 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). (pne) |
Filing 15
ORDER granting PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AGAINST DEFENDANTS BOADING BAIGOU XINCHENG YOUNUO TRADING CO., LTD, TRAVISTAR, Baiste Mall, Degohome, Cloth Shake, Eaglebeky, Ecolaki, Hynbase, YOUDE, MiCoolker, The World of Queenie Wong a/k/a Queenie, Shop D'Oro, YallFairy/YallFF #11 Motion for TRO; granting #11 Motion for Preliminary Injunction. Accordingly, IT IS HEREBY ORDERED that the temporary restraining order issued on September 14, 2018 shall be converted to a preliminary injunction that includes all the same terms listed in that Order. In addition, as discussed at the September 24, 2018 conference, Plaintiffs are ordered to file a status report on or before November 16, 2018 regarding the status of service of the remaining Defendants. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/27/2018) (rj)
|
| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Show Cause Hearing held on 9/24/2018. Susan M. Kayser for Plaintiff(s). Roxanna Ciulei, paralegal present. Defendant(s) fail to response and do not appear. See Docket No. 15 for complete details. (Court Reporter: Rose Prater) (tdh) |
| Filing 14 DECLARATION of Susan Kayser in Support re: #11 EX PARTE MOTION for Temporary Restraining Order and.EX PARTE MOTION for Preliminary Injunction / PLAINTIFF KIPLING APPAREL CORP.'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER, EXPEDITED DISCOVERY ORDER, ORDER GRANTING SERVICE BY EMAIL AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTI. Document filed by Kipling Apparel Corp.. (Attachments: #1 Exhibit A- products search results)(Kayser, Susan) |
| Filing 13 DECLARATION of Priscilla Mera Serrano in Support re: #11 EX PARTE MOTION for Temporary Restraining Order and.EX PARTE MOTION for Preliminary Injunction / PLAINTIFF KIPLING APPAREL CORP.'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER, EXPEDITED DISCOVERY ORDER, ORDER GRANTING SERVICE BY EMAIL AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTI. Document filed by Kipling Apparel Corp.. (Attachments: #1 Exhibit A- Google search results, #2 Exhibit B- Article)(Kayser, Susan) |
| Filing 12 DECLARATION of Rob Holmes in Support re: #11 EX PARTE MOTION for Temporary Restraining Order and.EX PARTE MOTION for Preliminary Injunction / PLAINTIFF KIPLING APPAREL CORP.'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER, EXPEDITED DISCOVERY ORDER, ORDER GRANTING SERVICE BY EMAIL AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTI. Document filed by Kipling Apparel Corp.. (Attachments: #1 Exhibit A- Travistar (SANDIANKE-US), #2 Exhibit B- Tiny Chou, #3 Exhibit C- Bagtopia, #4 Exhibit D- KESEE, #5 Exhibit E- Melord, #6 Exhibit F- Baisite Mall, #7 Exhibit G- Degohome, #8 Exhibit H- ITESOON, #9 Exhibit I- Big Mango, #10 Exhibit J- CHUANGLI, #11 Exhibit K- Cloth Shake, #12 Exhibit L- Dijinghao Shop a/k/a DJHbuy, #13 Exhibit M- Eaglebeky, #14 Exhibit N- Ecokaki, #15 Exhibit O- Edfamily, #16 Exhibit P- GuiShi E-commerce Co., Ltd., #17 Exhibit Q - Hynbase, #18 Exhibit R- YOUDE, #19 Exhibit S- MiCoolker, #20 Exhibit T- The World of Queenie Wong a/k/a Queenie, #21 Exhibit U- TianHengYi, #22 Exhibit V- YallFairy/YallFF, #23 Exhibit W- Noel Pullman, #24 Exhibit X- NANRUI Trading, #25 Exhibit Y- Honesty & Reliable store, #26 Exhibit Z- Asm's Bag Store, #27 Exhibit AA- Email addresses)(Kayser, Susan) |
| Filing 11 EX PARTE MOTION for Temporary Restraining Order and., EX PARTE MOTION for Preliminary Injunction / PLAINTIFF KIPLING APPAREL CORP.'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER, EXPEDITED DISCOVERY ORDER, ORDER GRANTING SERVICE BY EMAIL AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION. Document filed by Kipling Apparel Corp..(Kayser, Susan) |
| Filing 10 MEMORANDUM OF LAW in Support of PLAINTIFF KIPLING APPAREL CORP.'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER, EXPEDITED DISCOVERY ORDER, ORDER GRANTING SERVICE BY EMAIL AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION. Document filed by Kipling Apparel Corp.. (Kayser, Susan) |
| Filing 9 AFFIDAVIT OF SERVICE of VERIFIED COMPLAINT, SUMMONS, MOTION FOR TEMPORARY RESTRAINING ORDER, ORDER GRANTING SERVICE BY EMAIL AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION, MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR TRO AND HOLMES, SERRANO, AND KAYSER DECLARATIONS IN SUPPORT THEREOF, ORDER GRANTING TEMPORARY RESTRAINING ORDER, EXPEDITED DISCOVERY ORDER, ORDER GRANTING SERVICE BY EMAIL AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION, AND ALL EXHIBITS THERETO served on Shop D'Oro, Defendant Travistar (SANDIANKE-US), MiCoolker, YallFairy/YallFF, Hynbase, Baisite Mall, Degohome, YOUDE, Asm's Bag Store, The World of Queenie Wong a/k/a Queenie, Eaglebeky, Ecolaki, Cloth Shake, Boading Baigou Xincheng Younuo Trading Co., Ltd. on before September 16, 2018. Service was made by e-mail. Document filed by Kipling Apparel Corp.. (Attachments: #1 Exhibit A- Registered Receipt of Delivery for service on Defendant Shop D'Oro, #2 Exhibit B- Registered Receipt of Delivery for service on Defendant Travistar (SANDIANKE-US), #3 Exhibit C- Registered Receipt of Delivery for service on Defendant MiCoolker, #4 Exhibit D- Registered Receipt of Delivery for service on Defendant YallFairy/YallFF, #5 Exhibit E- Registered Receipt of Delivery for service on Defendant Hynbase, #6 Exhibit F- Registered Receipt of Delivery for service on Defendant Baisite Mall, #7 Exhibit G- Registered Receipt of Delivery for service on Defendant Degohome, #8 Exhibit H- Registered Receipt of Delivery for service on Defendant YOUDE, #9 Exhibit I- Registered Receipt of Non-Delivery for service on Defendant Asm's Bag Store, #10 Exhibit J- Registered Receipt of Delivery for service on Defendant The World of Queenie Wong a/k/a Queenie, #11 Exhibit K- Registered Receipt of Delivery for service on Defendant Eaglebeky, #12 Exhibit L- Registered Receipt of Delivery for service on Defendant Ecolaki, #13 Exhibit M- Registered Receipt of Delivery for service on Defendant Cloth Shake, #14 Exhibit N- Registered Receipt of Delivery for service on Defendant Boading Baigou Xincheng Younuo Trading Co., Ltd)(Kayser, Susan) |
| Filing 8 NOTICE OF CHANGE OF ADDRESS by Christopher James Fahy on behalf of Kipling Apparel Corp.. New Address: K&L Gates LLP, 70 West Madison Street, Suite 3100, Chicago, Illinois, USA 60602, 312.807.4324. (Fahy, Christopher) |
|
Filing 7
TEMPORARY RESTRAINING ORDER, EXPEDITED DISCOVERY ORDER, ORDER GRANTING SERVICE BY EMAIL AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: Show Cause Hearing set for 9/24/2018 at 02:00 PM in Courtroom 1306, 40 Foley Square, New York, NY 10007 before Judge Andrew L. Carter Jr why an order should not be entered pursuant to Federal Rule of Civil Procedure 65 and 15 U.S.C. 1116 granting Plaintiff a preliminary injunction enjoining and restraining Defendants, their officers, agents, servants, employees, and any persons in active concert or participation with them as set forth in this order. IT IS FURTHER ORDERED THAT Plaintiff is entitled to expedited discovery by providing actual notice, pursuant to subpoena, email, or otherwise, of this Order to Defendants, including their agents, servants, employees, attorneys, and any persons acting in concert or participation with them or third parties providing services used in connection with Defendants' operations; and IT IS FURTHER ORDERED THAT this Temporary Restraining Order shall remain in effect until the date for hearing on the Order to Show Cause set forth above, or such further dates as set by the Court, unless Defendants stipulate, or have not objected, to the Preliminary Injunction; and IT IS FURTHER ORDERED THAT Plaintiff may complete service of process on Defendants by electronic mail at the email addresses set forth in Exhibit AA to the Declaration of Rob Holmes, which Plaintiff has demonstrated will provide adequate notice to Defendants pursuant to Fed. R. Civ. P. 4; and IT IS FURTHER ORDERED THAT service of this Order and the TRO Papers, together with the Summons and Complaint, which may be made on Defendants by electronic mail, shall be made by September 16, 2018 at 5 p.m., upon which date Plaintiff's moving papers shall be electronically docketed on ECF; and IT IS FURTHER ORDERED THAT upon two (2) business days' written notice to the Court and Plaintiff's counsel, any Defendant may, upon proper showing, appear and move for the dissolution or modification of the provisions of this Order as against that Defendant; and IT IS FURTHER ORDERED THAT Defendants' written response to Plaintiff's motion, if any, shall be filed with the Clerk of this Court and be served upon the attorneys for Plaintiff by delivering copies thereof to the offices of K&L Gates LLP at 1601 K Street, NW, Washington, D.C. 20006-1600, Attention: Susan M. Kayser, Esq., and at 70 W. Madison Street, Suite 3100, Chicago, IL 60602, Attention: Christopher Fahy, Esq., before 5 p.m. on September 19, 2018. Any reply shall be filed and served by Plaintiff by September 21, 2018 before 5 p.m. Defendants are hereby given notice that failure to attend the hearing scheduled herein may result in the immediate issuance of the prayed-for Preliminary Injunction to take effect immediately upon expiration or dissolution of the within Temporary Restraining Order, and shall otherwise extend for the pendency of this litigation relief upon the same terms and conditions as comprise this Temporary Restraining Order. Defendants are hereby given further notice that they shall be deemed to have actual notice of the issuance and terms of such Preliminary Injunction and any act by them or any one of them in violation of the terms thereof may be considered and prosecuted as contempt of this Court. IT IS FURTHER ORDERED THAT this ORDER shall be continuing in nature and apply in equal force to additional Defendants as discovered. SO ORDERED., Motions due by 9/19/2018., Responses due by 9/21/2018. (Signed by Judge Andrew L. Carter, Jr on 9/14/2018) (rj)
|
|
Filing 6
ORDER FOR ADMISSION PRO HAC VICE granting #5 Motion for Christopher J. Fahy to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 9/14/2018) (jca)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Christopher James Fahy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15568398. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 5 MOTION for Christopher James Fahy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15568398. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kipling Apparel Corp.. (Attachments: #1 Declaration of Christopher J. Fahy, #2 Ex. A - Certificates of Good Standing, #3 Text of Proposed Order)(Fahy, Christopher) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent VF Corporation for Kipling Apparel Corp.. Document filed by Kipling Apparel Corp..(Kayser, Susan) |
| Filing 3 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Kayser, Susan) |
| Filing 2 CIVIL COVER SHEET filed. (jgo) (pc). |
| Filing 1 COMPLAINT against Asm's Bag Store, Bagtopia, Big Mango, Boading Baigou Xincheng Younuo Trading Co., Ltd, Tiny Chou, Chuangli, Degohome, Dijinghao Shop, Jane Doe, John Doe, Eaglebeky, Ecolaki, Edfamily, Emily Boutique, GuiShi E-Commerce Co., Ltd, Honesty & Reliable Store, Hynbase, Itesoon, Kesee, Baisite Mall, Melord, MiCoolker, Nanrui Trading, Noel Pullman, Cloth Shake, Shenzhen Fancier Industrial Co., Ltd., Shenzhen XinYu Innovation Technology Ltd., Shop D'Oro, The World of Queenie Wong, TianHengYi, Travistar, XYZ Companies, YallFairy/YallFF, Youde. (Filing Fee $ 400.00, Receipt Number 465401218064)Document filed by Kipling Apparel Corp..(jgo) (pc). (Additional attachment(s) added on 9/14/2018: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (pne). |
| SUMMONS ISSUED as to Asm's Bag Store, Bagtopia, Big Mango, Boading Baigou Xincheng Younuo Trading Co., Ltd, Tiny Chou, Chuangli, Degohome, Dijinghao Shop, Jane Doe, John Doe, Eaglebeky, Ecolaki, Edfamily, Emily Boutique, GuiShi E-Commerce Co., Ltd, Honesty & Reliable Store, Hynbase, Itesoon, Kesee, Baisite Mall, Melord, MiCoolker, Nanrui Trading, Noel Pullman, Cloth Shake, Shenzhen Fancier Industrial Co., Ltd., Shenzhen XinYu Innovation Technology Ltd., Shop D'Oro, The World of Queenie Wong, TianHengYi, Travistar, XYZ Companies, YallFairy/YallFF, Youde. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Susan Marie Kayser to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (jgo) |
| Magistrate Judge Gabriel W. Gorenstein 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. (jgo) |
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 Southern 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.
