ABC v. DEF
| ABC, As Seen On TV Wholesale, Inc. and Allstar Marketing Group, LLC |
| DEF, ALM TRADING CO. LTD., Chenfang and LYLH ZHAOYAN TRADE INC. |
| 1:2018cv12098 |
| December 21, 2018 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Trademark |
| 15 U.S.C. § 1051 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 7, 2019. A more recent docket listing may be available from PACER.
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| Filing 22 NOTICE OF APPEARANCE by Andrew Sup Chung on behalf of Allstar Marketing Group, LLC, As Seen On TV Wholesale, Inc.. (Chung, Andrew) |
Filing 21
MEMO ENDORSEMENT on re: #20 Letter Request to Withdraw as Counsel, filed by Allstar Marketing Group, LLC, As Seen On TV Wholesale, Inc. ENDORSEMENT: Application Granted. So Ordered., (Attorney Mary Catherine Brennan terminated.) (Signed by Judge John G. Koeltl on 2/5/19) (yv)
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| Filing 20 LETTER addressed to Judge John G. Koeltl from Mary Kate Brennan dated February 4, 2019 re: Request to Withdraw as Counsel. Document filed by Allstar Marketing Group, LLC, As Seen On TV Wholesale, Inc..(Brennan, Mary) |
| Filing 19 CERTIFICATE OF SERVICE of Preliminary Injunction Order served on Defendants on January 4, 2019. Document filed by Allstar Marketing Group, LLC, As Seen On TV Wholesale, Inc.. (Brennan, Mary) |
| Filing 18 CERTIFICATE OF SERVICE. All Defendants. Document filed by As Seen On TV Wholesale, Inc., Allstar Marketing Group, LLC. (Brennan, Mary) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing held on 1/4/2019. (Fletcher, Donnie) |
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Filing 17
1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING ASSETS AND TRANSFERRING INFRINGING DOMAIN NAMES; 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 filed by Allstar Marketing Group, LLC, As Seen On TV Wholesale, Inc. Based on the foregoing findings of fact and conclusions of law, Plaintiffs' 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 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 Wonder Bible Mark and/or marks that are confusingly similar to, identical to and constitute a counterfeiting or infringement of the Wonder Bible Marks and/or incorporating the Wonder Bible Works and/or artwork that is substantially similar to, identical to and constitute an infringement of the Wonder Bible Works, and as further set forth in this order. Defendants shall show cause as to why preliminary injunction, pursuant to FRCP 65(a), should not issue, and as further set forth in this order. Show Cause Hearing set for 1/4/2019 at 11:00A.M. in Courtroom 14A. Show Cause Response due by 12/28/2018. Reply due by 1/2/2019. IT IS FURTHER ORDERED, as sufficient cause has been shown, that such alternative service by electronic means ordered herein shall be made within 3 (3) days of the Financial Institutions compliance with Paragraphs III(A) of this order, and, in cay event, no later than December 27, 2019. IT IS FURTHER ORDERED, as sufficient cause has been shown, that within three(3) days of receipt of service of this Order the Financial Institutions shall identify any and all of Defendants' Financial Accounts, and provide Plaintiffs and/or Plaintiffs' counsel with a summary report containing account details for any and all such accounts, which shall include, at a minimum, identifying information for Defendants. including contact information for Defendants (including, but not limited to, mailing addresses and e-mail addresses), account numbers and account balances for any and all of Defendants' Financial Accounts and confirmation of said compliance with this Order, and as further set forth in this order. IF IS FURTHER ORDERED that Plaintiffs shall place security in the amount of $10,000 (ten thousand dollars) 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 John G. Koeltl on 12/21/2018) (***Document filed under seal in envelope #2, and unsealed on 1/4/2019.***) (jwh) Modified on 1/7/2019 (jwh).
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| Filing 16 DECLARATION OF JENNIFER DE MARCO AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFFS' EX PARTE APPLICATION FOR: 1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING ASSETS AND TRANSFERRING INFRINGING DOMAIN NAMES; 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 Allstar Marketing Group, LLC, As Seen On TV Wholesale, Inc. (***Document filed under seal in envelope #3, and unsealed on 1/4/2019.***) (jwh) |
| Filing 15 DECLARATION OF MARY KATE BRENNAN AND ACCOMPANYING EXHIBIT IN SUPPORT OF PLAINTIFFS' EX PARTE APPLICATION FOR: 1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING ASSETS AND TRANSFERRING INFRINGING DOMAIN NAMES; 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 Allstar Marketing Group, LLC, As Seen On TV Wholesale, Inc. (***Document filed under seal in envelope #2, and unsealed on 1/4/2019.***) (jwh) |
| Filing 14 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' 1) EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING ASSETS AND TRANSFERRING INFRINGING DOMAIN NAMES; 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 Allstar Marketing Group, LLC, As Seen On TV Wholesale, Inc. (***Document filed under seal in envelope #2, and unsealed on 1/4/2019.***) (Attachments: #1 Text of Proposed Order)(jwh) Modified on 1/7/2019 (jwh). |
| Filing 13 AO 121 FORM COPYRIGHT - ADDITIONAL PLEADING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that following additional copyright(s) have been included in a court action filed in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (***Document filed under seal in envelope #2, and unsealed on 1/4/2019.***) (jwh) |
| Filing 12 AO 120 FORM TRADEMARK -ADDITIONAL PLEADING - 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 additional trademark(s) have been included in a court action filed 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). (***Document filed under seal in envelope #2, and unsealed on 1/4/2019.***) (jwh) Modified on 1/7/2019 (jwh). |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Allstar Marketing Group, LLC, As Seen On TV Wholesale, Inc. (***Document filed under seal in envelope #2, and unsealed on 1/4/2019.***) (jwh) |
| Filing 10 CIVIL COVER SHEET filed. (***Document filed under seal in envelope #2, and unsealed on 1/4/2019.***) (jwh) |
| Filing 9 SUMMONS ISSUED as to ALM TRADING CO. LTD., Chenfang, LYLH ZHAOYAN TRADE INC. (***Document filed under seal in envelope #2, and unsealed on 1/4/2019.***) (jwh) |
| Filing 8 COMPLAINT against ALM TRADING CO. LTD., Chenfang, LYLH ZHAOYAN TRADE INC.. Document filed by As Seen On TV Wholesale, Inc., Allstar Marketing Group, LLC. (Attachments: #1 Exhibit A-B, #2 Exhibit C-D)(jwh) (***Document filed under seal in envelope #2, and unsealed on 1/4/2019.***) |
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Filing 7
ORDER TEMPORARILY SEALING FILE granting #6 Motion to Seal: 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: I) a temporary restraining order; 2) an order restraining assets and transferring Infringing Domain Names; 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 ("Application") and the supporting declarations of Jennifer De Marco and Mary Kate Brennan and exhibits attached thereto under seal for a period of one (1) week, or until further 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 Plaintiffs with certified copies of any orders entered in this matter while under seal. (Signed by Judge William H. Pauley, III, PART I, on 12/21/2018) (***Document filed under seal in envelope #2, and unsealed on 1/4/2019.***) (jwh) Modified on 1/7/2019 (jwh).
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| Filing 6 APPLICATION TO TEMPORARILY FILE UNDER SEAL. Document filed by Allstar Marketing Group, LLC, As Seen On TV Wholesale, Inc. (***Document filed under seal in envelope #2, and unsealed on 1/4/2019.***)(jwh) Modified on 1/7/2019 (jwh). |
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Filing 5
ORDER The Clerk is directed to unseal this case and all the filings in this case.SO ORDERED. (Signed by Judge John G. Koeltl on 1/4/19) (rz)
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| Filing 4 SEALED DOCUMENT placed in vault.(mhe) |
| Filing 3 SEALED DOCUMENT placed in vault.(mhe) |
| 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 12/21/18) (rz)
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| Magistrate Judge Debra C. Freeman 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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