Mattel, Inc. v. Betterlover, et al.,
| Mattel, Inc. and ABC |
| GUOJIAJIA, LENGSHANBO, NEW LUCKY, YIWUSHIMIAOJINDIANZISHANGWUYOU XIANGONGSI, JOHNNY SHOP, CHINESE SHENZHEN GAODE TRADING COMPANY, WANGHAIBING, LABOUTIQUEDESTOONS, BONICIACHIC, BRINGDREAM, HONGJINGDA STORE, Charles' House, ETEMENANKI, BUYBEAUTYPRODUCTS, BETTERLOVER, PAZC009, ZEAGOO2008, XUEXUEZHIZI, LUCY WANG, LUCKY JOHN FENG'S STORE, PPINGSMILE, OEY DEDIANPO, SILINYUAN, LINGFEICUIKAIG, JIANGLIN STORE, GLUBTECK, MORALTOP, LOVER SPACE WALL STICKER, ZHANGQIANQ, REWEVIRGINHAIR, ZFQLP16, ZHIYUANSTORE, WEIXIAOMING1, HUAYI PHOTO LTD, HUNHUNSTORE, SHENZHEN YAHOO BUYING CO.,LTD., WESTBLUEFLOWERS, CHERISH_, DABINTXUE, KOLLIA, SKY-EYE, QAMAWCUQING, WEICHSTERSPORTS, YEQIAN, 2012shiningroom2012, THE BEAUTY CLUB, XINHUI SUPPLY, JOYFUL FISH, XIXIAOXIAO, QINGFENTE, INTELLIGENT_LIFE, DINGXU'S STORE, BUYMOREMORE, WEDDING DECORATION CHINA, HITTIME, DEF, YESCON, XIAOJIAN XIE and RENGUOFEI |
| 1:2018cv11644 |
| December 13, 2018 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Trademark |
| 15 U.S.C. § 1051 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 3, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 36
MEMO ENDORSEMENT on re: (34 in 1:18-cv-11647-PKC) Letter filed by Mattel, Inc., (25 in 1:18-cv-11648-PKC) Letter filed by Mattel, Inc., (35 in 1:18-cv-11644-PKC) Letter filed by Mattel, Inc. ENDORSEMENT: Application Granted. (Attorney Mary Catherine Brennan terminated.) (Signed by Judge P. Kevin Castel on 2/5/2019) (jwh)
|
|
Filing 35
LETTER addressed to Judge P. Kevin Castel from Mary Kate Brennan dated February 4, 2019 re: Request to Withdraw as Counsel. Document filed by Mattel, Inc..(Brennan, Mary)
|
|
Filing 34
NOTICE OF VOLUNTARY DISMISSAL. Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Mattel, Inc., ("Mattel" or "Plaintiff"), by their undersigned attorneys, hereby give notice of dismissal of all claims against Defendants Charles' House, dingxu's store, New Lucky and qamawcuqing in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. It is so ORDERED., (NEW LUCKY, QAMAWCUQING, Charles' House and DINGXU'S STORE terminated.) (Signed by Judge P. Kevin Castel on 1/25/19) (yv)
|
|
Filing 33
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Charles' House, DINGXU'S STORE, NEW LUCKY, QAMAWCUQING. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Scully, Brieanne)
|
|
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #33 Notice of Voluntary Dismissal was reviewed and referred to Judge P. Kevin Castel for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt)
|
|
Filing 32
NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Mattel, Inc., ("Mattel" or "Plaintiff"), by their undersigned attorneys, hereby give notice of dismissal of all claims against Defendant The Beauty Club in the above-captioned action. with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. (THE BEAUTY CLUB terminated.) (Signed by Judge P. Kevin Castel on 1/24/2019) (jwh)
|
|
Filing 31
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) THE BEAUTY CLUB. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Scully, Brieanne)
|
|
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #31 Notice of Voluntary Dismissal was reviewed and referred to Judge P. Kevin Castel for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt)
|
|
Filing 30
CONSENT ORDER granting #29 Letter Motion for Extension of Time to Answer. Application GRANTED. Defendant's, The Beauty Club, time to answer or otherwise respond is hereby extended until January 22, 2019. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/22/2019) (jca)
|
|
Filing 29
SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge P. Kevin Castel from Michael Eisenberg dated January 22, 2019. Document filed by THE BEAUTY CLUB. (Attachments: #1 Text of Proposed Order)(Eisenberg, Michael)
|
|
Filing 28
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a confernece proceeding held on 12/20/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
|
|
Filing 27
TRANSCRIPT of Proceedings re: conference held on 12/20/2018 before Judge P. Kevin Castel. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/31/2019. Redacted Transcript Deadline set for 2/11/2019. Release of Transcript Restriction set for 4/10/2019.(McGuirk, Kelly)
|
|
Filing 26
NOTICE OF APPEARANCE by Andrew Sup Chung on behalf of Mattel, Inc.. (Chung, Andrew)
|
|
Filing 25
CONSENT ORDER granting #24 Motion for Extension of Time to Answer: Application GRANTED. Defendant's, The Beauty Club, time to answer or otherwise respond is hereby extended until January 22, 2019. Next time a single letter request will suffice. (THE BEAUTY CLUB answer due 1/22/2019.) (Signed by Judge P. Kevin Castel on 1/8/2019) (jwh)
|
|
Filing 24
FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge P. Kevin Castel from Michael Eisenberg dated January 7, 2019. Document filed by THE BEAUTY CLUB. (Attachments: #1 Text of Proposed Order)(Eisenberg, Michael)
|
|
Filing 23
CERTIFICATE OF SERVICE of Preliminary Injunction Order served on Defendants on December 20, 2018. Document filed by Mattel, Inc.. (Brennan, Mary)
|
|
Filing 22
MEMO ENDORSEMENT on re: (3 in 1:18-cv-11648-PKC) Order, (3 in 1:18-cv-11644-PKC) Order, (3 in 1:18-cv-11647-PKC) Order. ENDORSEMENT: The Complaints and all exhibits and submission in the above three actions are to be unsealed. (Signed by Judge P. Kevin Castel on 12/20/2018) (jwh) Transmission to Sealed Records Clerk for processing.
|
|
Filing 21
PRELIMINARY INJUNCTION ORDER: 1. 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. a) 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: L 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 Barbie Marks and/or marks that are confusingly similar to, identical to and constitute a counterfeiting and/or infringement of the Barbie Marks and/or incorporating the Barbie Works and/or artwork that is substantially similar to, identical to and constitute an infringement of the Barbie Works, and as further set forth in this order. (Signed by Judge P. Kevin Castel on 12/20/2018) (jwh)
|
|
Filing 20
NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Mattel, Inc., ("Mattel" or "Plaintiff"), by their undersigned attorneys, hereby give notice of dismissal of all claims against Defendant weixiaoming1 in the above-captioned action, without prejudice, and with each party to bear its own attorneys' fees, costs and expenses. (WEIXIAOMING1 terminated.) (Signed by Judge P. Kevin Castel on 12/20/2018) (jwh)
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel: Show Cause Hearing held on 12/20/2018. Preliminary Injunction GRANTED. (Court Reporter Karen Gorlaski) (Nacanther, Florence)
|
|
Filing 19
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) WEIXIAOMING1. Document filed by Mattel, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Scully, Brieanne)
|
|
Filing 18
PROPOSED ORDER. Document filed by Mattel, Inc.. (Scully, Brieanne) Proposed Order to be reviewed by Clerk's Office staff.
|
|
Filing 17
CERTIFICATE OF SERVICE. BETTERLOVER served on 12/18/2018, answer due 1/8/2019; BONICIACHIC served on 12/18/2018, answer due 1/8/2019; BRINGDREAM served on 12/18/2018, answer due 1/8/2019; BUYBEAUTYPRODUCTS served on 12/18/2018, answer due 1/8/2019; BUYMOREMORE served on 12/18/2018, answer due 1/8/2019; CHERISH_ served on 12/18/2018, answer due 1/8/2019; CHINESE SHENZHEN GAODE TRADING COMPANY served on 12/18/2018, answer due 1/8/2019; Charles' House served on 12/18/2018, answer due 1/8/2019; DABINTXUE served on 12/18/2018, answer due 1/8/2019; DINGXU'S STORE served on 12/18/2018, answer due 1/8/2019; ETEMENANKI served on 12/18/2018, answer due 1/8/2019; GLUBTECK served on 12/18/2018, answer due 1/8/2019; GUOJIAJIA served on 12/18/2018, answer due 1/8/2019; HITTIME served on 12/18/2018, answer due 1/8/2019; HONGJINGDA STORE served on 12/18/2018, answer due 1/8/2019; HUAYI PHOTO LTD served on 12/18/2018, answer due 1/8/2019; HUNHUNSTORE served on 12/18/2018, answer due 1/8/2019; INTELLIGENT_LIFE served on 12/18/2018, answer due 1/8/2019; JIANGLIN STORE served on 12/18/2018, answer due 1/8/2019; JOHNNY SHOP served on 12/18/2018, answer due 1/8/2019; JOYFUL FISH served on 12/18/2018, answer due 1/8/2019; KOLLIA served on 12/18/2018, answer due 1/8/2019; LABOUTIQUEDESTOONS served on 12/18/2018, answer due 1/8/2019; LENGSHANBO served on 12/18/2018, answer due 1/8/2019; LINGFEICUIKAIG served on 12/18/2018, answer due 1/8/2019; LOVER SPACE WALL STICKER served on 12/18/2018, answer due 1/8/2019; LUCKY JOHN FENG'S STORE served on 12/18/2018, answer due 1/8/2019; LUCY WANG served on 12/18/2018, answer due 1/8/2019; MORALTOP served on 12/18/2018, answer due 1/8/2019; NEW LUCKY served on 12/18/2018, answer due 1/8/2019; OEY DEDIANPO served on 12/18/2018, answer due 1/8/2019; PAZC009 served on 12/18/2018, answer due 1/8/2019; PPINGSMILE served on 12/18/2018, answer due 1/8/2019; QAMAWCUQING served on 12/18/2018, answer due 1/8/2019; QINGFENTE served on 12/18/2018, answer due 1/8/2019; RENGUOFEI served on 12/18/2018, answer due 1/8/2019; REWEVIRGINHAIR served on 12/18/2018, answer due 1/8/2019; SHENZHEN YAHOO BUYING CO.,LTD. served on 12/18/2018, answer due 1/8/2019; SILINYUAN served on 12/18/2018, answer due 1/8/2019; SKY-EYE served on 12/18/2018, answer due 1/8/2019; THE BEAUTY CLUB served on 12/18/2018, answer due 1/8/2019; WANGHAIBING served on 12/18/2018, answer due 1/8/2019; WEDDING DECORATION CHINA served on 12/18/2018, answer due 1/8/2019; WEICHSTERSPORTS served on 12/18/2018, answer due 1/8/2019; WESTBLUEFLOWERS served on 12/18/2018, answer due 1/8/2019; XIAOJIAN XIE served on 12/18/2018, answer due 1/8/2019; XINHUI SUPPLY served on 12/18/2018, answer due 1/8/2019; XIXIAOXIAO served on 12/18/2018, answer due 1/8/2019; XUEXUEZHIZI served on 12/18/2018, answer due 1/8/2019; YEQIAN served on 12/18/2018, answer due 1/8/2019; YESCON served on 12/18/2018, answer due 1/8/2019; YIWUSHIMIAOJINDIANZISHANGWUYOU XIANGONGSI served on 12/18/2018, answer due 1/8/2019; ZEAGOO2008 served on 12/18/2018, answer due 1/8/2019; ZFQLP16 served on 12/18/2018, answer due 1/8/2019; ZHANGQIANQ served on 12/18/2018, answer due 1/8/2019; ZHIYUANSTORE served on 12/18/2018, answer due 1/8/2019. Document filed by Mattel, Inc.. (Scully, Brieanne)
|
|
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #18 Proposed Order was reviewed and approved as to form. (km)
|
|
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #19 Notice of Voluntary Dismissal was reviewed and referred to Judge P. Kevin Castel for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
|
|
Filing 16
DECLARATION OF BRIEANNE SCULLY AND ACCOMPANYING EXHIBIT IN SUPPORT OF PLAINTIFF'S 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 IN JUNCTION SHOULD NOT ISSUE; 4) AN ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY Document filed by Mattel, Inc. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (jca)
|
|
Filing 15
DECLARATION OF LISA DELANTY AND ACCOMPANYING EXHIBIT IN SUPPORT OF PLAINTIFF'S 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 IN JUNCTION SHOULD NOT ISSUE; 4) AN ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY Document filed by Mattel, Inc. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (jca)
|
|
Filing 14
DECLARATION OF JESSICA ARNAIZ AND ACCOMPANYING EXHIBIT IN SUPPORT OF PLAINTIFF'S 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 IN JUNCTION SHOULD NOT ISSUE; 4) AN ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY Document filed by Mattel, Inc. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (jca)
|
|
Filing 13
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S 1) EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY Document filed by Mattel, Inc. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (jca)
|
|
Filing 12
AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (Attachments: #1 Exhibit A) (jca)
|
|
Filing 11
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). ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (Attachments: #1 Exhibit A) (jca)
|
|
Filing 10
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Mattel, Inc. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (jca)
|
|
Filing 9
SUMMONS ISSUED as to BETTERLOVER, BONICIACHIC, BRINGDREAM, BUYBEAUTYPRODUCTS, BUYMOREMORE, CHERISH_, CHINESE SHENZHEN GAODE TRADING COMPANY, Charles' House, DABINTXUE, DINGXU'S STORE, ETEMENANKI, GLUBTECK, GUOJIAJIA, HITTIME, HONGJINGDA STORE, HUAYI PHOTO LTD, HUNHUNSTORE, INTELLIGENT_LIFE, JIANGLIN STORE, JOHNNY SHOP, JOYFUL FISH, KOLLIA, LABOUTIQUEDESTOONS, LENGSHANBO, LINGFEICUIKAIG, LOVER SPACE WALL STICKER, LUCKY JOHN FENG'S STORE, LUCY WANG, MORALTOP, NEW LUCKY, OEY DEDIANPO, PAZC009, PPINGSMILE, QAMAWCUQING, QINGFENTE, RENGUOFEI, REWEVIRGINHAIR, SHENZHEN YAHOO BUYING CO.,LTD., SILINYUAN, SKY-EYE, THE BEAUTY CLUB, WANGHAIBING, WEDDING DECORATION CHINA, WEICHSTERSPORTS, WEIXIAOMING1, WESTBLUEFLOWERS, XIAOJIAN XIE, XINHUI SUPPLY, XIXIAOXIAO, XUEXUEZHIZI, YEQIAN, YESCON, YIWUSHIMIAOJINDIANZISHANGWUYOU XIANGONGSI, ZEAGOO2008, ZFQLP16, ZHANGQIANQ, ZHIYUANSTORE. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (jca)
|
|
Filing 8
CIVIL COVER SHEET filed. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (jca)
|
|
Filing 7
COMPLAINT against 2012shiningroom2012, BETTERLOVER, BONICIACHIC, BRINGDREAM, BUYBEAUTYPRODUCTS, BUYMOREMORE, CHERISH_, CHINESE SHENZHEN GAODE TRADING COMPANY, Charles' House, DABINTXUE, DEF, DINGXU'S STORE, ETEMENANKI, GLUBTECK, GUOJIAJIA, HITTIME, HONGJINGDA STORE, HUAYI PHOTO LTD, HUNHUNSTORE, INTELLIGENT_LIFE, JIANGLIN STORE, JOHNNY SHOP, JOYFUL FISH, KOLLIA, LABOUTIQUEDESTOONS, LENGSHANBO, LINGFEICUIKAIG, LOVER SPACE WALL STICKER, LUCKY JOHN FENG'S STORE, LUCY WANG, MORALTOP, NEW LUCKY, OEY DEDIANPO, PAZC009, PPINGSMILE, QAMAWCUQING, QINGFENTE, RENGUOFEI, REWEVIRGINHAIR, SHENZHEN YAHOO BUYING CO.,LTD., SILINYUAN, SKY-EYE, THE BEAUTY CLUB, WANGHAIBING, WEDDING DECORATION CHINA, WEICHSTERSPORTS, WEIXIAOMING1, WESTBLUEFLOWERS, XIAOJIAN XIE, XINHUI SUPPLY, XIXIAOXIAO, XUEXUEZHIZI, YEQIAN, YESCON, YIWUSHIMIAOJINDIANZISHANGWUYOU XIANGONGSI, ZEAGOO2008, ZFQLP16, ZHANGQIANQ, ZHIYUANSTORE. Document filed by Mattel, Inc. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2, #3 Exhibit Part 3)(jca)
|
|
Filing 6
ORDER TEMPORARILY SEALING FILE granting #5 Motion to Seal Case. It is also hereby ORDERED that, notwithstanding this Order to Temporarily Seal File, the Clerk of the Court shall have authority to provide Plaintiff with certified copies of any orders entered in this matter while under seal, and as further set forth in this Order. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (Signed by Part One Judge William H. Pauley III on 12/13/2018) (jca)
|
|
Filing 5
APPLICATION TO TEMPORARILY FILE UNDER SEAL. Document filed by Mattel, Inc. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.***(jca)
|
|
Filing 4
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 BIFURCATED AND ALTERNATIVE SERVICE; AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY: Based on the foregoing preliminary findings of fact and conclusions of law, Plaintiff's 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 Plaintiff's Application for a preliminary injunction as referenced in Paragraph (11)(A) below: I) 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 Barbie Marks and/or marks that are confusingly similar to, identical to and constitute a counterfeiting or infringement of the Barbie Marks and/or incorporating the Barbie Works and/or artwork that is substantially similar to, identical to and constitute an infringement of the Barbie Works. Within five (5) days after receipt of service of this Order, including intermediate Saturdays and Sundays, providing services to Defendants, Defendants' User Accounts and Defendants' Merchant Storefronts, including, without limitation, continued operation of Defendants' User Accounts and Merchant Storefronts; and as further set forth in this order. Defendants shall show cause as to why a preliminary injunction, pursuant to FRCP 65(a), should not issue. Show Cause Hearing set for 12/20/2018 at 02:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. Show Cause Response due by 12/19/2018.IT IS FURTHER ORDERED pursuant to FRCP 64 and 65 and CPLR 6201 and this Court's inherent equitable power to issue provisional remedies ancillary to its authority to provide final equitable relief, as sufficient cause has been shown, that within five (5) days of receipt of service of this Order, including intermediate Saturdays and Sundays, the Financial Institutions shall locate and attach Defendants' Financial Accounts and shall provide written confirmation of such attachment to Plaintiff's counsel. IT IS FURTHER ORDERED, pursuant FRCP 4(f)(3), as sufficient cause has been shown, that service shall be made on Defendants within five days of the Order, inclusive of Saturdays and Sundays, as further set forth in this order. IT IS FURTHER ORDERED, as sufficient cause has been shown, that within five (5) days of receipt of service of this Order, including intermediate Saturdays and Sundays, the Financial Institutions shall identify any and all of Defendants' Financial Accounts, as further set forth in this order. IT IS FURTHER ORDERED, as sufficient cause has been shown, that within five (5) days of receipt of service of this Order, including intermediate Saturdays and Sundays, ContextLogic shall identify any and all of Defendants' User Accounts and Merchant Storefronts, as further set forth in this order. IT IS FURTHER ORDERED that, within five days, including intermediate Saturdays and Sundays, Plaintiff shall place security in the amount of $5,000 Dollars (five thousand dollars). IT IS FURTHER ORDERED that Plaintiff's Complaint and exhibits attached thereto, and Plaintiff's ex parte Application and the Declarations of Jessica Arnaiz, Lisa Delanty and Brieanne Scully in support thereof and exhibits attached thereto and this Order shall remain sealed for five days from the date of this Order, including intermediate Saturdays and Sundays. (Signed by Judge P. Kevin Castel on 12/13/2018) (jwh)
|
|
Filing 3
ORDER P.KEVIN CASTEL, District Judge: ORDERED that cases 18cv11644(PKC),18cv11647(PKC),and 18cv11648(PKC) shall be unsealed. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/18/18) (rz)
|
|
Filing 2
SEALED DOCUMENT placed in vault.(mhe)
|
|
Filing 1
ORDER, Case sealed. (Signed by Judge William H. Pauley, III on 12/13/18) (rz)
|
|
Magistrate Judge James L. Cott 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)
|
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.
