SHENZHEN SMOORE TECHNOLOGY LTD. v. A253481482 et al.
SHENZHEN SMOORE TECHNOLOGY LTD. |
SMOK_KIT, KEVIN03, DORA68689, IVOPOR01, MARKWAHLBERG, ECTY, ELECTRONICSBEST, CLOUDY_VAPOR, JATERL2012, BUYUP, ECIGFACTORY668, YOUY12, QIANHJ, MSYI, CHINAVAPEFACTORY, SOLARS, QUALITYSELLER, VERA22, THCFACTORY, DHTE, LIKE2018, TINKERBELL, YSMELECTRONICS, MIAOUTLET, SMOKETECH88, A253481482, UNBROKEN, BEIJING-2008, YUNKANG138, CHINA_VAPE, FANPUERKJY, QINGCHENG_SHOP, FT_VAPE, SZGATE2, ABC1205, SEEKGUY01, KATHERINE, SZKINGFLY, SIBYLE, CHINABUYECIGS, HEMPSUPPLIER, JIANGJUNJIE1, HOTSALEOUTLET, GARDEN, SMOKTECHWORLD, SZALONE1, EGOTIME, VAPOREX, AIRPORDS, CHINA-DVD, SHENZHEN7, TAILING, YOUY13, GRABERN, MYGHD, WHOLESALECHINAECIGS, EFFIETVAPOR, GHOST_RIDER, JIEQ, IHEALTH, SMOKVIP, PASSTORE1, YY3CGOODS, SZVAPE1, POSTORE, VAPOR168, TRUMEN, LIUXI19880510, SUPERSUPER, SEEKGUY_ECIG, FMJ8899, ENJOYING_DHGATE, SZJUDE1, SMART3C_CHINA, SMARTLIFETECH, VAPESGATE, HANDSPINER, CHEAPEZY, VAPEGATE8, ASPIREBUY, CHENLIN1227, PLOYER, HAYI, ROMANDY89, COSYWELL, VAPORECIG5, WHOLESALE_CHINA, DVD_STORE, PLAYER, BETTY02, SMOKINGMAN, SMARTLIFETECHTOY, ESTAKE, ECIGARETTE, LIFE_STYLES, VAPEXIA, INDIO, Jason Weng, VAPORECIG3, ASPIRESALE, ICARS, CYCSUPPLY, ABO33, SEEKGUY, UVAPING, DRCANN, ASPIREAGENT, SEEKGUY_VAPOR, ALICEECIG, BIGSTORESZ, BMITHRW, IHAPPYU, CIGSTORE, JACK2019A, TOPVAPE168, MAKEUP_USA, CN_LEE, HANDSPINNER_, TTDRESS, FEMK, ATHLETICBUY, FLYDREAM, SZGARDEN, VAPORECIG2, AIRMEN LI, SAKOYVAPING, EMAKER, ECOMING, SZVAPE168, SMOKEHOUSE, ABC369369, BEAUTEOUS, HOTINGVAPE, BEAUTY1668, VAPORSKYPE, PHOEBE_ECIG, DIARYMM, VAPESOONTECH, VAPES113, EBLTECH, LANVAPOR, VICK008, VIBES, LADYGAGAADCC, SUNM, CHINACOIL, GREENKANGDA, QUALITYECIG, SZPARTY, ANDECIG, SZKEJI, NONGDONGBO, JESSUP, EGATEI and VAPORTHING |
1:2019cv09895 |
October 25, 2019 |
US District Court for the Southern District of New York |
Valerie E Caproni |
Trademark |
15 U.S.C. § 1051 |
Plaintiff |
Docket Report
This docket was last retrieved on June 9, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 20 NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Shenzhen Smoore Technology Ltd. ("Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendant Liuxi19880510 in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. SO ORDERED., LIUXI19880510 terminated. (Signed by Judge Valerie E. Caproni on 11/26/2019) (ama) |
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, with prejudice and without costs against the defendant(s) LIUXI19880510. 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. #19 Notice of Voluntary Dismissal, was reviewed and referred to Judge Valerie E. Caproni 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. (tp) |
Filing 18 CERTIFICATE OF SERVICE. Document filed by SHENZHEN SMOORE TECHNOLOGY LTD.. (Yamali, Danielle) |
Filing 17 CERTIFICATE OF SERVICE. Document filed by SHENZHEN SMOORE TECHNOLOGY LTD.. (Yamali, Danielle) |
Filing 16 NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Shenzhen Smoore Technology Ltd. ("Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendants a253481482, Aspireagent, aspirebuy, aspiresale,cheapezy, ecigarette_, ghost_rider, hotsaleo utlet, ihealth, Indio, qianhj and sakoyvaping in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. SO ORDERED., ASPIREBUY, ASPIRESALE, CHEAPEZY, ECIGARETTE, GHOST_RIDER, HOTSALEOUTLET, IHEALTH, INDIO, QIANHJ, SAKOYVAPING, A253481482 and ASPIREAGENT terminated. (Signed by Judge Valerie E. Caproni on 11/20/2019) (ama) Modified on 11/20/2019 (ama). |
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #15 Notice of Voluntary Dismissal was reviewed and referred to Judge Valerie E. Caproni 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 15 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) A253481482, ASPIREAGENT, ASPIREBUY, ASPIRESALE, CHEAPEZY, ECIGARETTE, GHOST_RIDER, HOTSALEOUTLET, IHEALTH, INDIO, QIANHJ, SAKOYVAPING. Document filed by SHENZHEN SMOORE TECHNOLOGY LTD.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Scully, Brieanne) |
Filing 4 PRELIMINARY INJUNCTION ORDER: The injunctive relief previously granted in the TRO shall remain in place through the pendency of this litigation, and issuing this 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: as set forth herein. As sufficient cause has been shown, the asset restraint granted in the TRO shall remain in place through the pendency of this litigation, including that: as set forth herein. Defendants are hereby given notice that they may be deemed to have actual notice of the terms of this Order and any act by them or anyone of them in violation of this Order maybe considered and prosecuted as in contempt of this Court. The $5,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. This 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 Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by the Court. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/04/2019) (ama) |
Minute Entry for proceedings held before Judge Valerie E. Caproni: Show Cause Hearing for Preliminary Injunction held on 11/4/2019. (anc) |
Filing 14 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). (va) (Main Document 14 replaced on 11/6/2019) (va). |
Filing 13 [PROPOSED] 1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 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 SHENZHEN SMOORE TECHNOLOGY LTD. ***Previously filed under seal in envelope # 2 and unsealed by docket entry #3 . (va) |
Filing 12 DECLARATION OF DANIELLE S. YAMALI AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: 1) TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 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 SHENZHEN SMOORE TECHNOLOGY LTD. ***Previously filed under seal in envelope #2, and unsealed by docket entry #3 . (va) |
Filing 11 DECLARATION OF DEREK ZHU AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: 1) TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 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 SHENZHEN SMOORE TECHNOLOGY LTD. ***Previously filed under seal in envelope #2, and unsealed by docket entry #3 . (va) |
Filing 10 DECLARATION OF JESSICA ARNAIZ AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: 1) TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 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 SHENZHEN SMOORE TECHNOLOGY LTD. ***Previously filed under seal in envelope #2, and unsealed by docket entry #3 . (va) |
Filing 9 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR 1) A TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 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 SHENZHEN SMOORE TECHNOLOGY LTD. ***Previously filed under seal in envelope #2, and unsealed by docket entry #3 . (va) |
Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SHENZHEN SMOORE TECHNOLOGY LTD. ***Previously filed under seal in envelope #2, and unsealed by docket entry #3 . (va) Modified on 11/6/2019 (va). |
Filing 7 CIVIL COVER SHEET filed. ***Previously filed under seal in envelope #2, and unsealed by docket entry #3 .(va) |
Filing 6 COMPLAINT against A253481482, ABC1205, ABC369369, ABO33, AIRPORDS, ALICEECIG, ANDECIG, ASPIREAGENT, ASPIREBUY, ASPIRESALE, ATHLETICBUY, BEAUTEOUS, BEAUTY1668, BEIJING-2008, BETTY02, BIGSTORESZ, BMITHRW, BUYUP, CHEAPEZY, CHENLIN1227, CHINA-DVD, CHINABUYECIGS, CHINACOIL, CHINAVAPEFACTORY, CHINA_VAPE, CIGSTORE, CLOUDY_VAPOR, CN_LEE, COSYWELL, CYCSUPPLY, DHTE, DIARYMM, DORA68689, DRCANN, DVD_STORE, EBLTECH, ECIGARETTE, ECIGFACTORY668, ECOMING, ECTY, EFFIETVAPOR, EGATEI, EGOTIME, ELECTRONICSBEST, EMAKER, ENJOYING_DHGATE, ESTAKE, FANPUERKJY, FEMK, FLYDREAM, FMJ8899, FT_VAPE, GARDEN, GHOST_RIDER, GRABERN, GREENKANGDA, HANDSPINER, HANDSPINNER_, HAYI, HEMPSUPPLIER, HOTINGVAPE, HOTSALEOUTLET, ICARS, IHAPPYU, IHEALTH, INDIO, IVOPOR01, JACK2019A, JATERL2012, JESSUP, JIANGJUNJIE1, JIEQ, KATHERINE, KEVIN03, LADYGAGAADCC, LANVAPOR, AIRMEN LI, LIFE_STYLES, LIKE2018, LIUXI19880510, MAKEUP_USA, MARKWAHLBERG, MIAOUTLET, MSYI, MYGHD, NONGDONGBO, PASSTORE1, PHOEBE_ECIG, PLAYER, PLOYER, POSTORE, QIANHJ, QINGCHENG_SHOP, QUALITYECIG, QUALITYSELLER, ROMANDY89, SAKOYVAPING, SEEKGUY, SEEKGUY01, SEEKGUY_ECIG, SEEKGUY_VAPOR, SHENZHEN7, SIBYLE, SMART3C_CHINA, SMARTLIFETECH, SMARTLIFETECHTOY, SMOKEHOUSE, SMOKETECH88, SMOKINGMAN, SMOKTECHWORLD, SMOKVIP, SMOK_KIT, SOLARS, SUNM, SUPERSUPER, SZALONE1, SZGARDEN, SZGATE2, SZJUDE1, SZKEJI, SZKINGFLY, SZPARTY, SZVAPE1, SZVAPE168, TAILING, THCFACTORY, TINKERBELL, TOPVAPE168, TRUMEN, TTDRESS, UNBROKEN, UVAPING, VAPEGATE8, VAPES113, VAPESGATE, VAPESOONTECH, VAPEXIA, VAPOR168, VAPORECIG2, VAPORECIG3, VAPORECIG5, VAPOREX, VAPORSKYPE, VAPORTHING, VERA22, VIBES, VICK008, WHOLESALECHINAECIGS, WHOLESALE_CHINA, Jason Weng, YOUY12, YOUY13, YSMELECTRONICS, YUNKANG138, YY3CGOODS. Document filed by SHENZHEN SMOORE TECHNOLOGY LTD.(Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit ***Previously under seal in envelope #2, and unsealed by docket entry #3 .(va) |
SUMMONS ISSUED as to A253481482, ABC1205, ABC369369, ABO33, AIRPORDS, ALICEECIG, ANDECIG, ASPIREAGENT, ASPIREBUY, ASPIRESALE, ATHLETICBUY, BEAUTEOUS, BEAUTY1668, BEIJING-2008, BETTY02, BIGSTORESZ, BMITHRW, BUYUP, CHEAPEZY, CHENLIN1227, CHINA-DVD, CHINABUYECIGS, CHINACOIL, CHINAVAPEFACTORY, CHINA_VAPE, CIGSTORE, CLOUDY_VAPOR, CN_LEE, COSYWELL, CYCSUPPLY, DHTE, DIARYMM, DORA68689, DRCANN, DVD_STORE, EBLTECH, ECIGARETTE, ECIGFACTORY668, ECOMING, ECTY, EFFIETVAPOR, EGATEI, EGOTIME, ELECTRONICSBEST, EMAKER, ENJOYING_DHGATE, ESTAKE, FANPUERKJY, FEMK, FLYDREAM, FMJ8899, FT_VAPE, GARDEN, GHOST_RIDER, GRABERN, GREENKANGDA, HANDSPINER, HANDSPINNER_, HAYI, HEMPSUPPLIER, HOTINGVAPE, HOTSALEOUTLET, ICARS, IHAPPYU, IHEALTH, INDIO, IVOPOR01, JACK2019A, JATERL2012, JESSUP, JIANGJUNJIE1, JIEQ, KATHERINE, KEVIN03, LADYGAGAADCC, LANVAPOR, AIRMEN LI, LIFE_STYLES, LIKE2018, LIUXI19880510, MAKEUP_USA, MARKWAHLBERG, MIAOUTLET, MSYI, MYGHD, NONGDONGBO, PASSTORE1, PHOEBE_ECIG, PLAYER, PLOYER, POSTORE, QIANHJ, QINGCHENG_SHOP, QUALITYECIG, QUALITYSELLER, ROMANDY89, SAKOYVAPING, SEEKGUY, SEEKGUY01, SEEKGUY_ECIG, SEEKGUY_VAPOR, SHENZHEN7, SIBYLE, SMART3C_CHINA, SMARTLIFETECH, SMARTLIFETECHTOY, SMOKEHOUSE, SMOKETECH88, SMOKINGMAN, SMOKTECHWORLD, SMOKVIP, SMOK_KIT, SOLARS, SUNM, SUPERSUPER, SZALONE1, SZGARDEN, SZGATE2, SZJUDE1, SZKEJI, SZKINGFLY, SZPARTY, SZVAPE1, SZVAPE168, TAILING, THCFACTORY, TINKERBELL, TOPVAPE168, TRUMEN, TTDRESS, UNBROKEN, UVAPING, VAPEGATE8, VAPES113, VAPESGATE, VAPESOONTECH, VAPEXIA, VAPOR168, VAPORECIG2, VAPORECIG3, VAPORECIG5, VAPOREX, VAPORSKYPE, VAPORTHING, VERA22, VIBES, VICK008, WHOLESALECHINAECIGS, WHOLESALE_CHINA, Jason Weng, YOUY12, YOUY13, YSMELECTRONICS, YUNKANG138, YY3CGOODS. ***Previously filed under seal in envelope #2, and unsealed by docket entry #3 . (va) |
Filing 5 ORDER: 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) temporary restraining order; 2) an order restraining Merchant Storefronts and Defendants' Assets with the Financial Institutions; 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 and the supporting declarations of Jessica Arnaiz, Derek Zhu, and Danielle S. Yamali and exhibits attached thereto under seal for a period of one (1) week, or until further ordered by the Court. 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 Colleen McMahon on 11/4/2019) ***Previously under seal in envelope #2, and unsealed in docket entry #3 . (va) Modified on 11/5/2019 (va). |
Filing 3 ORDER WHEREAS the Court orders that this Action be unsealed and Records Management upload all documents filed to date on the Electronic Case Filing system.SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/4/19) (rz) |
Filing 2 SEALED DOCUMENT placed in vault.(rz) |
Filing 1 ORDER, Case sealed. (Signed by Judge Colleen McMahon on 10/28/19) (rz) |
Magistrate Judge Katharine H. Parker 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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