Mattel, Inc. v 2012SHININGROOM2012, et al.
| ABC and Mattel, Inc. |
| LUCKY992016, CCS_ONLINE999, ALEXSTORE888, XIAOTWAN_CBQZZ, LAQ01018, GO-GIFT1225, EBBPOP, HMZSLUCK, YUNWAWA527, PRCBEY, 2012SHININGROOM2012, FUTALL, ILANTE, NEWANG, KZYU_17, HG-TECH-LTD, FLYFLOWER88, HERPOP, XYWL722, CONNIE_MONICA, GYL09047, POPULAR888, KEEPUPOP, SANTAFE2016, KTMAIL, FASHIONJEWELRY20136, ALIYA_SMILE, OVEPOP2009, BIGMOUTH333, EJEWELRYCODE, YUMISELL8, URCHOICE-LTD, ZHANYTINO, GLORYROAD2015, FENGHE2012, JIALU-88, FANHUASIJIN02, DEF, SUMMER*2010*, MUSENWAIMAO, HANJINGYUHUAONE and IN-STYLE1820 |
| 1:2018cv11648 |
| 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
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This docket was last retrieved on May 3, 2022. A more recent docket listing may be available from PACER.
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Filing 26
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)
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Filing 25
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)
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Filing 24
NOTICE OF APPEARANCE by Andrew Sup Chung on behalf of Mattel, Inc.. (Chung, Andrew)
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Filing 23
CERTIFICATE OF SERVICE of Preliminary Injunction Order served on Defendants on December 20, 2018. Document filed by Mattel, Inc.. (Brennan, Mary)
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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.
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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: 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 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)
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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)
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Filing 20
PROPOSED ORDER. Document filed by Mattel, Inc.. (Scully, Brieanne) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 19
CERTIFICATE OF SERVICE. 2012SHININGROOM2012 served on 12/18/2018, answer due 1/8/2019; ALEXSTORE888 served on 12/18/2018, answer due 1/8/2019; ALIYA_SMILE served on 12/18/2018, answer due 1/8/2019; BIGMOUTH333 served on 12/18/2018, answer due 1/8/2019; CCS_ONLINE999 served on 12/18/2018, answer due 1/8/2019; CONNIE_MONICA served on 12/18/2018, answer due 1/8/2019; EBBPOP served on 12/18/2018, answer due 1/8/2019; EJEWELRYCODE served on 12/18/2018, answer due 1/8/2019; FANHUASIJIN02 served on 12/18/2018, answer due 1/8/2019; FASHIONJEWELRY20136 served on 12/18/2018, answer due 1/8/2019; FENGHE2012 served on 12/18/2018, answer due 1/8/2019; FLYFLOWER88 served on 12/18/2018, answer due 1/8/2019; FUTALL served on 12/18/2018, answer due 1/8/2019; GLORYROAD2015 served on 12/18/2018, answer due 1/8/2019; GO-GIFT1225 served on 12/18/2018, answer due 1/8/2019; GYL09047 served on 12/18/2018, answer due 1/8/2019; HANJINGYUHUAONE served on 12/18/2018, answer due 1/8/2019; HERPOP served on 12/18/2018, answer due 1/8/2019; HG-TECH-LTD served on 12/18/2018, answer due 1/8/2019; HMZSLUCK served on 12/18/2018, answer due 1/8/2019; ILANTE served on 12/18/2018, answer due 1/8/2019; IN-STYLE1820 served on 12/18/2018, answer due 1/8/2019; JIALU-88 served on 12/18/2018, answer due 1/8/2019; KEEPUPOP served on 12/18/2018, answer due 1/8/2019; KTMAIL served on 12/18/2018, answer due 1/8/2019; KZYU_17 served on 12/18/2018, answer due 1/8/2019; LAQ01018 served on 12/18/2018, answer due 1/8/2019; LUCKY992016 served on 12/18/2018, answer due 1/8/2019; MUSENWAIMAO served on 12/18/2018, answer due 1/8/2019; NEWANG served on 12/18/2018, answer due 1/8/2019; OVEPOP2009 served on 12/18/2018, answer due 1/8/2019; POPULAR888 served on 12/18/2018, answer due 1/8/2019; PRCBEY served on 12/18/2018, answer due 1/8/2019; SANTAFE2016 served on 12/18/2018, answer due 1/8/2019; SUMMER2010 served on 12/18/2018, answer due 1/8/2019; URCHOICE-LTD served on 12/18/2018, answer due 1/8/2019; XIAOTWAN_CBQZZ served on 12/18/2018, answer due 1/8/2019; XYWL722 served on 12/18/2018, answer due 1/8/2019; YUMISELL8 served on 12/18/2018, answer due 1/8/2019; YUNWAWA527 served on 12/18/2018, answer due 1/8/2019; ZHANYTINO served on 12/18/2018, answer due 1/8/2019. Document filed by Mattel, Inc.. (Scully, Brieanne)
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CASE ACCEPTED AS RELATED. Create association to 1:18-cv-11644-PKC. Notice of Assignment to follow. (jc)
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NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Unassigned is no longer assigned to the case. (jc)
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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. (jc)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #20 Proposed Order was reviewed and approved as to form. (km)
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Filing 18
[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 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** (ne)
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Filing 17
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. **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3** (The file size was too big to upload) (ne)
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Filing 16
DECLARATION OF LISA DELANTY AND ACCOMPANYING EXHIBITS 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 INJUNCTION SHOULD NOT ISSUE; 4) AN ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY. **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3** (ne)
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Filing 15
DECLARATION OF BRIEANNE SCULLY 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 BIFURCATED AND ALTERNATIVE SERVICE AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY. **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3** (ne)
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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 INJUNCTION SHOULD NOT ISSUE; 4) AN ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit A Part 3, #4 Exhibit A Part 4) **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3**(ne)
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Filing 13
RELATED CASE STATEMENT. Document filed by Mattel, Inc. **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3** (ne)
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Filing 12
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). (Attachments: #1 TM List) **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3**(ne)
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Filing 11
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. (Attachments: #1 Copyright List) **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3**(ne)
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Filing 10
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mattel, Inc. **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3**(ne)
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Filing 9
SUMMONS ISSUED as to 2012SHININGROOM2012, ALEXSTORE888, ALIYA_SMILE, BIGMOUTH333, CCS_ONLINE999, CONNIE_MONICA, EBBPOP, EJEWELRYCODE, FANHUASIJIN02, FASHIONJEWELRY20136, FENGHE2012, FLYFLOWER88, FUTALL, GLORYROAD2015, GO-GIFT1225, GYL09047, HANJINGYUHUAONE, HERPOP, HG-TECH-LTD, HMZSLUCK, ILANTE, IN-STYLE1820, JIALU-88, KEEPUPOP, KTMAIL, KZYU_17, LAQ01018, LUCKY992016, MUSENWAIMAO, NEWANG, OVEPOP2009, POPULAR888, PRCBEY, SANTAFE2016, SUMMER2010, URCHOICE-LTD, XIAOTWAN_CBQZZ, XYWL722, YUMISELL8, YUNWAWA527, ZHANYTINO. **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3** (ne)
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Filing 8
CIVIL COVER SHEET **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3** (ne)
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Filing 7
COMPLAINT against 2012SHININGROOM2012, ALEXSTORE888, ALIYA_SMILE, BIGMOUTH333, CCS_ONLINE999, CONNIE_MONICA, EBBPOP, EJEWELRYCODE, FANHUASIJIN02, FASHIONJEWELRY20136, FENGHE2012, FLYFLOWER88, FUTALL, GLORYROAD2015, GO-GIFT1225, GYL09047, HANJINGYUHUAONE, HERPOP, HG-TECH-LTD, HMZSLUCK, ILANTE, IN-STYLE1820, JIALU-88, KEEPUPOP, KTMAIL, KZYU_17, LAQ01018, LUCKY992016, MUSENWAIMAO, NEWANG, OVEPOP2009, POPULAR888, PRCBEY, SANTAFE2016, SUMMER2010, URCHOICE-LTD, XIAOTWAN_CBQZZ, XYWL722, YUMISELL8, YUNWAWA527, ZHANYTINO. Document filed by Mattel, Inc. (Attachments: #1 Exhibit C Part 1, #2 Exhibit C Part 2, #3 Exhibit C Part 3, #4 Exhibit C Part 4) **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3**(ne)
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Filing 6
ORDER granting 5 Motion to Seal Case. On this day. the Court considered Plaintiff's 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, Plaintiff's Complaint and exhibits attached thereto and 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 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, Lisa Delanty and Brieanne Scully and exhibits attached thereto under seal for a period of one (1) week, or until order by the Judge to whom this case is randomly assigned. 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. (Signed by Judge William H. Pauley, III Part I on 12/13/2018) (ne) **This document was filed under seal in envelope # 2, and unsealed by docket entry # 3** Modified on 12/19/2018 (ne).
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Filing 5
APPLICATION TO TEMPORARILY FILE UNDER SEAL. Document filed by Mattel, Inc.(ne) ***This document was filed under seal in envelope # 2, and unsealed by docket entry # 3**
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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 findings of fact and conclusions of law, Mattel's Application is hereby GRANTED as follows (the "Order"): A. 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 Mattel's 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 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, 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. (Signed by Judge P. Kevin Castel on 12/13/2018) (jwh)
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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)
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Filing 2
SEALED DOCUMENT placed in vault.(mhe)
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Filing 1
ORDER, Case sealed. (Signed by Judge William H. Pauley, III on 12/13/2018) (mhe)
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