ABC v. DEF
Case Number: 1:2020cv08406
Filed: October 26, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1051 Trademark Infringement
RSS Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 22, 2021 Opinion or Order Filing 83 FINAL DEFAULT JUDGEMENT AND PRELIMINARY INJUNCTION ORDER: The Court, having considered the Memorandum of Law and Affidavit of Brieanne Scully in support of Plaintiff's Motion for Default Judgment and a Permanent Injunction Against Defaulting D efendant, the Certificate of Service of the Summons and Complaint, the Certificate of the Clerk of the Court stating that no answer has been filed in the instant action, and upon all other pleadings and papers on file in this action, it is hereby O RDERED, ADJUDGED AND DECREED as follows; as further set forth herein. Any failure by Defaulting Defendants to comply with the terms of this Order shall be deemed contempt of Court, subjecting Defaulting Defendants to contempt remedies to be determ ined by the Court, including fines and seizure of property; The Court releases the One Hundred Thousand U.S. Dollar ($100,000.00) security bond that Plaintiff submitted in connection with this action to counsel for Plaintiff, Epstein Drangel, LLP, 60 East 42nd Street, Suite 2520, New York, NY 10165; and This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this Order. (Signed by Judge John P. Cronan on 6/22/2021) (nb)
January 8, 2021 Opinion or Order Filing 59 NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Allstar Marketing Group, LLC ("Allstar" or "Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendants Butterfly Fashion, little shop, Panda Paradise Gong, Qi Li Shop, yanhui2019 and yufang2019 in the above captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. The Clerk of the Court is respectfully directed to terminate Defendants Butterfly Fashion, liuteng2019, Mother's little shop, Panda Paradise Gong, Qi Li Shop, yanhui2019, and yufang2019 from the docket. SO ORDERED. (Signed by Judge John P. Cronan on 1/4/2021) MOTHER'S LITTLE SHOP, PANDA PARADISE GONG, QI LI SHOP, YANHUI2019, YUFANG2019, BUTTERFLY FASHION and LIUTENG2019 terminated. (ks)
December 23, 2020 Opinion or Order Filing 51 ORDER: The Court is in receipt of Plaintiff's December 16, 2020 letter updating the Court on the status of settlement discussions and its plan to move for default judgment against any defaulting Defendants, and providing information regarding (1) the number of allegedly infringing products actually sold by each Defendant, (2) the product identification number of each allegedly infringing product, and (3) the listed price for each allegedly infringing product sold by the Defendant, for all Defendants remaining in this case. (Dkt. 48.) It is hereby ORDERED that, by December 28, 2020, Plaintiff shall provide the Court with additional details regarding the at least ten (10) groupings of Defendants mentioned in its December 16, 202 0 letter. (Id. at 2.) Specifically, Plaintiff shall provide a list of which Defendants constitute each group, as well as the basis for Plaintiff's understanding that the same entity owns the particular Defendants that constitute each group. It is further ORDERED that Plaintiff shall have until January 15, 2021 to file its motion for default judgment against any defaulting Defendants. ( Motions due by 1/15/2021.) (Signed by Judge John P. Cronan on 12/23/2020) (nb)
December 1, 2020 Opinion or Order Filing 47 ORDER: During the November 16, 2020 telephonic hearing concerning Plaintiff's Motion for a Preliminary Injunction, the Court ordered Plaintiff to submit a letter within thirty days of that date updating the Court on the status of settlement disc ussions and its plan to move for default judgment against any defaulting Defendants. (See Dkt. 43.) It is hereby ORDERED that, in that status letter, Plaintiff shall also provide the following information concerning any Defendants remaining in this c ase: (1) the number of allegedly infringing products actually sold by each Defendant, (2) the product identification number of each allegedly infringing product, and (3) the listed price for each allegedly infringing product sold by the Defendant. SO ORDERED. (Signed by Judge John P. Cronan on 12/01/2020) (ama)
November 18, 2020 Opinion or Order Filing 42 ORDER Accordingly, in a separately docketed Order, the Court will grant the proposed Preliminary Injunction Order proposed by Plaintiff on November 12, 2020 (Dkt. 37), subject to a number of clarifications and amendments as set forth in that Order. For the avoidance of doubt, the Court reaffirms, as agreed by Plaintiff and Wish at the November 16, 2020 hearing, that under 4(d)(iii) and 4(d)(iv), Wish need only produce "a full account of Defendants' sales history and listing history&q uot; and "Defendants' manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale and/or selling" of those allegedly infringing products specifically identified by Plaintiff, ei ther in its initial Complaint or following the agreed-upon search protocols. In addition, by November 25, 2020, Plaintiff is directed to provide further information about the approximately 150 additional allegedly infringing products it has ident ified as a result of the searches conducted pursuant to the protocols agreed to by Plaintiff and Wish. Plaintiff should provide information concerning: (1) the criteria used by Plaintiff to determine that a product infringed the trademark at issue in this case; (2) which Defendant listed each of the allegedly infringing products identified; (3) whether the identified product was in fact sold; and (4) the listed price for each identified product. Plaintiff and/or Wish, depending on which ha s the information, are further directed to provide information about the amount of funds in each Defendant's Wish account that has been frozen as a result of the injunctive relief currently in place. The information regarding the current asse t freeze may be jointly submitted by Plaintiff and Wish. The Court will reassess the scope of the preliminary injunction following review of these submissions and further set forth in this Order. (Signed by Judge John P. Cronan on 11/18/2020) (rro)
October 29, 2020 Opinion or Order Filing 27 ORDER. It is hereby ORDERED that the TRO will be in effect through November 16, 2020, or until further order of the Court, with two exceptions. First, Section V(E)(1)(c) of the TRO is modified to provide: "the nature of Defendants' business and operations, methods of payment, methods for accepting payment and any and all financial information, including, but not limited to, information associated with Defendants' User Accounts and Defendants' Merchant Storefronts; and." Second, Section V(E)(1)(d) of the TRO is modified to provide: "Defendants' manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale and/or selling of Counterfeit Products." As discussed during the October 28, 2020 teleconference, Plaintiff and Wish shall meet and confer no later than October 29, 2020, to discuss a plan for more limited discovery from Wish, including any proposed search terms, with respect to Wish's du ty under V(E)(1)(d) of the TRO to provide Plaintiff with documents and records concerning products bearing the Socket Shelf Mark or Socket Shelf Works, as defined in the TRO, as well as other marks or artwork that are confusing or substantially simil ar to, identical to, or constitute an infringement of the Socket Shelf Mark or Socket Shelf Works. The Court will conduct a preliminary injunction hearing on November 16, 2020, at 3:30 p.m., via teleconference. At the scheduled time, counsel for all parties who wish to appear should call (866) 434-5269, access code 9176261. Any Defendant who intends to appear at the hearing must notify the Court of that intent no later than November 12, 2020, by emailing CronanNYSDChambers@nysd.uscourts.gov . Any exhibits a party intends to offer at the hearing must be emailed to the Court, at CronanNYSDChambers@nysd.uscourts.gov, by November 13, 2020. SO ORDERED. (Telephone Conference set for 11/16/2020 at 03:30 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 10/29/2020) (rjm)
October 26, 2020 Opinion or Order Filing 5 ORDER. The Clerk of the Court is respectfully directed to unseal this case and all documents and orders previously filed in this case. SO ORDERED. (Signed by Judge John P. Cronan on 10/26/2020)(jus)
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 this case: ABC v. DEF
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]

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.

Why Is My Information Online?