QLAY CO. V. ADAJAY et al
| Qlay Co. and ABC |
| Korlav, Alanproth, Arthurham, jinluguanchongwuyongpin, QIGNSHAN, shenzhenshiqingyunzhishangkejiyouxiangongsi, Ceciln, ROBETT, Senoritan, IAYUANLUN, lanxiang11, liangguolong111, FLYW, Zoucheng Dinghang Building Materials Co. LTD, NseldRY, DongDin, DEF, Tang.Chao, liudandan0304, huangqingshan better, MiinYuaa Co Ltd, Adajay, tanghuibisacanyindian, huyuwang US, DgfstmStore, Thevictory, RUIZITS, Sunshine^Yangbeauty, wengshijian1987, Mildred B Espinoza, gasafkja, Compression ex, YCSMH, licheng,, Montana Braking, lizhenhan, Montanaer, wsawadkjhgrfe, MYFish, Jessui, FactoryQuality, FujianPingtanSent, kjghuihuiohui, Hai Lin Fashion, Dancysity, hdjkfv, ChenMeiZhiLeiZhiPin, xianyou county, Shomkio, ASUNLINE, ropz, DuLei Power Tools, CHARLESSO, ATRXZ, Network Technologyy, HongweFood, Maily Direct, kunyongjiancai, Ishanqudi, KyleShelby, Serabins, Minyi clothing store,, Thoney, Nature Porter, Souda Mino, KAIMANLI, Taliadia, KANATSIU, Min.Gui, Mr_10612, LALABOMB, AMAZING BOY, Fafalisa, Ealty, CADFAE, RighLeft, YouXianGong123, enshibailianshangmaoyouxiangongsi, TaneshaGa, MitxiRa, fg.fgh966g, SWFLinha, Somcbs, Koucas and Minyi clothing store, licheng, xianyou county |
| 1:2020cv09776 |
| November 20, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Stewart D Aaron |
| John G Koeltl |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
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| CASHIERS OFFICE REGISTRY DISBURSEMENT as per #58 Default Judgment, dated 01/17/2022, from Judge John G. Koeltl, on 01/24/2022 disbursed to pay EPSTEIN DRANGEL LLP $10,000.00 No. 02597964.(bwi) |
| Filing 59 AO 120 FORM TRADEMARK - CASE TERMINATED - 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 final decision was rendered on 1/17/2022 in a court action 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 Final Default Judgement).(ks) |
Filing 58
FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: It is hereby ORDERED, ADJUDGED AND DECREED as follows: Judgment is granted in favor of Plaintiff on all claims properly pled against Defaulting Defendants in the Complaint; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that because it would serve both the compensatory and punitive purposes of the Lanham Act's prohibitions on willful infringement, and because Plaintiff has sufficiently set forth the basis for the statutory damages award requested in its Motion for Default Judgment, the Court finds such an award to be reasonable and Plaintiff is awarded statutory damages in the amount of $50,000.00 ("Defaulting Defendants' Individual Damages Award") against each of the fifty-three (53) Defaulting Defendants pursuant to Section 15 U.S.C. 1117(c) of the Lanham Act, plus post judgment interest, for a total of Two Million Six Hundred Fifty Thousand Dollars ($2,650,000.00). IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendant, its respective officers, agents, servants, employees, successors and assigns and all persons acting in concert with or under the direction of Defaulting Defendants (regardless of whether located in the United States or abroad), who receive actual notice of this Order are permanently enjoined and restrained from: As further set forth in this Order. The Court releases the Ten Thousand U.S. Dollar ($10,000.00) 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. SO ORDERED. (Signed by Judge John G. Koeltl on 1/17/2022) (ks) Transmission to Finance Unit (Cashiers) for processing. Modified on 1/18/2022 (ks).
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| Filing 57 CERTIFICATE OF SERVICE. Document filed by Qlay Co...(Futterman, Danielle) |
| Filing 56 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Qlay Co...(Futterman, Danielle) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #56 Proposed Default Judgment was reviewed and approved as to form. (km) |
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Filing 55
ORDER: The Court has reviewed the Report and Recommendation of Magistrate Judge Aaron dated July 30, 2021. No objections have been filed to the Report and Recommendation, and the time for any objections has passed. In any event, the Court finds that the Report and Recommendation is well reasoned and should be adopted. Accordingly, the Court adopts the Report and Recommendation, except that statutory damages should not be awarded against the following defendants who have entered into a settlement with the plaintiff after the Report and Recommendation was issued: Adajay, Ceciln, Ealty, KAIMANLI, Korlav, Mildred B Espinoza, MitxiRa, ROBETT, Serabins, and Taliadi. The plaintiff is directed to submit a proposed judgment for statutory damages and for a permanent injunction by January 7, 2022. The plaintiff should serve the proposed judgment on the defendants by January 7, 2022. The plaintiff should submit proof of service by January 12, 2022. The defendants may submit any objections by January 14, 2022. SO ORDERED. for #50 Report and Recommendations,, (Signed by Judge John G. Koeltl on 12/21/2021) (ks)
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Filing 54
NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Qlay Co. ("Qlay" or "Plaintiff'), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendants Adajay, Ceciln, Ealty, KAIMANLI, Korlav, Mildred B Espinoza, MitxiRa, ROBETT, Serabins, Taliadia in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. So Ordered.*** Party Ealty, KAIMANLI, Korlav, Mildred B Espinoza, MitxiRa, ROBETT, Serabins, Taliadia, Adajay and Ceciln terminated. (Signed by Judge John G. Koeltl on 9/30/2021) (js) Modified on 10/1/2021 (js).
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| Filing 53 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) Adajay, Ceciln, Ealty, KAIMANLI, Korlav, Mildred B Espinoza, MitxiRa, ROBETT, Serabins, Taliadia. Document filed by Qlay Co.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Futterman, Danielle) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #53 Notice of Voluntary Dismissal, was reviewed and referred to Judge John G. Koeltl 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 52 CERTIFICATE OF SERVICE. Document filed by Qlay Co...(Futterman, Danielle) |
| Filing 51 INTERNET CITATION NOTE: Material from decision with Internet citation re: #50 Report and Recommendations. (sjo) |
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Filing 50
REPORT AND RECOMMENDATION: The Court recommends that Plaintiff be awarded damages in the amount of $50,000.00 against each of the Defaulting Defendants, for a total of $3,150,000.00, and that Plaintiff be awarded post-judgment interest pursuant to 28 U.S.C. 1961. The Court also recommends that a permanent injunction be entered in Plaintiff's favor. No later than August 2, 2021, Plaintiff shall serve this Report and Recommendation upon the Defaulting Defendants pursuant to the alternative methods of service authorized in the TRO and PI Order, and shall file proof of service on the ECF docket. Objections to R&R due by 8/16/2021 (Signed by Magistrate Judge Stewart D. Aaron on 7/30/2021) (Aaron, Stewart)
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| Filing 49 LETTER addressed to Magistrate Judge Stewart D. Aaron from Danielle (Yamali) Futterman dated July 26, 2021 re: July 19, 2021 Order. Document filed by Qlay Co...(Futterman, Danielle) |
| Filing 48 CERTIFICATE OF SERVICE. Document filed by Qlay Co...(Futterman, Danielle) |
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Filing 47
ORDER: No later than 7/26/2021, Plaintiff shall file proof of service upon the Defaulting Defendants of the following documents: #44 Proposed Findings of Fact filed by Qlay Co., #46 Memorandum of Law in Support filed by Qlay Co., #45 Affidavit in Support filed by Qlay Co. In addition, no later than 7/26/2021, Plaintiff shall file a letter confirming that it seeks, as part of the Default Judgment to be entered in this action, the relief set forth in its memorandum filed on 4/1/2021 (ECF No. 35) at pages 14 to 23. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron) (Text Only Order) (Aaron, Stewart)
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| Filing 46 MEMORANDUM OF LAW in Support re: #44 Proposed Findings of Fact . Document filed by Qlay Co...(Futterman, Danielle) |
| Filing 45 AFFIDAVIT of Danielle (Yamali) Futterman in Support re: #44 Proposed Findings of Fact. Document filed by Qlay Co.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Futterman, Danielle) |
| Filing 44 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Qlay Co...(Futterman, Danielle) |
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Filing 43
MEMO ENDORSEMENT: on re: #42 Letter filed by Qlay Co. ENDORSEMENT: SO ORDERED., Attorney Brieanne Scully terminated. (Signed by Judge John G. Koeltl on 7/06/2021) (ama)
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| Filing 42 LETTER addressed to Judge John G. Koeltl from Brieanne Scully dated July 6, 2021 re: Request to Withdraw as Counsel. Document filed by Qlay Co...(Scully, Brieanne) |
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Filing 41
SCHEDULING ORDER FOR DAMAGES INQUEST: Accordingly, it is hereby Ordered as follows: 1. Plaintiff shall serve the Defaulting Defendants and file Proposed Findings of Fact and Conclusions of Law concerning all damages and any other monetary relief permitted under the entry of default judgment no later than July 14, 2021. Plaintiff shall include with such service a copy of this Order. The submission shall contain a concluding paragraph that succinctly summarizes what damage amount (or other monetary relief) is being sought, including the exact dollar amount. (As further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/23/2021) (va)
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Filing 40
ORDER: This Court entered an Order to Show Cause why a Default Judgment should not be entered on May 14, 2021. It was supported by a Clerk's Certificate of Default against the defendants. The defendants failed to respond to the Order to Show Cause for a Default Judgment. Therefore, the plaintiff is entitled to a Default Judgment. The matter is referred to the Magistrate Judge for an inquest to determine the appropriate judgment. SO ORDERED. (Signed by Judge John G. Koeltl on 6/22/2021) (ama)
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Filing 39
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Inquest After Default/Damages Hearing. Referred to Magistrate Judge Stewart D. Aaron. SO ORDERED. (Signed by Judge John G. Koeltl on 6/22/2021) (ama)
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| Filing 38 CERTIFICATE OF SERVICE. Document filed by Qlay Co...(Scully, Brieanne) |
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Filing 37
ORDER TO SHOW CAUSE WHY DEFAULT JUDGMENT AND A PERMANENT INJUNCTION SHOULD NOT BE ENTERED AGAINST DEFAULTING DEFENDANTS: It is hereby: ORDERED that Defaulting Defendants Adajay, Alanproth, Arthurham, ATRXZ, CADF AE, Ceciln, CHARLESSO, Dancysity, DgfstmStore, DongDin, DuLei Power Tools, Ealty, enshibailianshangmaoyouxiangongsi, FactoryQuality, Fafalisa, fg.fgh966g, FLYW, FujianPingtanSent, gasafkja, HongweFood, huyuwang US, Jessui, jinluguanchongwuyongpin, KAIMANLI, KANATSIU, kjghuihuiohui, Korlav, Koucas, KyleShelby, LALABOMB, lanxiangl, lianggnolongl 11, liudandan0304, Maily Direct, Mildred B Espinoza, Minyi clothing store, licheng, xianyou county, MitxiRa, Montana Braking, Montanaer, Mr 10612, MY-Fish, Nature Porter, Network Technologyy, NseldRY, ROBETT, ropz, RUIZITS, Senoritan, Serabins, shenzhenshiqingyunzhishangkejiyouxiangongsi, Shomkio, Somcbs, Sunshine/Yang beauty, SWF-Linha, Taliadia, tanghuibisacanyindian, Thevictory, Thoney, wengshijianl987, wsawadkjhgrfe, YCSMH, YouXianGongl23 and Zoucheng Dinghang Building Materials Co. LTD show cause before the Honorable John G. Koeltl why an order should not be issued pursuant to Rule 55 of the Federal Rules of Civil Procedure for the entry of a default judgment against each Defaulting Defendant awarding Plaintiff permanent injunctive relief, the total sum of Three Million One Hundred Fifty Thousand U.S. Dollars ($3,150,000.00) in statutory damages and post-judgment interest, and any other ancillary equitable relief as this Court may deem just and proper ("Show Cause Hearing"). ORDERED that the service of a copy of this ORDER TO SHOW CAUSE and its supporting papers, including the Affidavit (collectively, the "OSC Papers''), shall be made on each Defaulting Defendant by May 18, 2021, and deemed effective as to all of Defaulting Defendants if (} it is completed by the following means: 1. delivery of (i) PDF copies of the OSC Papers, or (ii) a link to a secure website (including NutStore, a large mail link created through Rmail.com or via website publication through a specific page dedicated to this lawsuit accessible through ipcounselorslawsuit.com) where each Defaulting Defendant will be able to download PDF copies of the OSC Papers, to Defaulting Defendants' e-mail addresses as identified by Amazon pursuant to Paragraph V(C) of the TRO. The Defaulting Defendants shall respond in writing to this Order to Show Cause for a default judgment by May 28, 2021. If the Defaulting Defendants fail to respond by that date, judgment may be entered against them and the Defaulting Defendants will have no trial. The Plaintiff may reply by June 4, 2021. No personal appearances are required in connection with this Order to Show Cause. The plaintiff shall file proof of service by May 21, 2021. SO ORDERED. Where a defined term is referenced herein and not defined herein, the defined term should be understood as it is defined in the Glossary. Show Cause Response due by 5/28/2021. (Signed by Judge John G. Koeltl on 5/14/2021) (kv)
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| Filing 36 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Qlay Co...(Scully, Brieanne) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 35 MEMORANDUM OF LAW in Support re: #33 Proposed Order to Show Cause Without Emergency Relief . Document filed by Qlay Co...(Scully, Brieanne) |
| Filing 34 AFFIDAVIT of Brieanne Scully in Support re: #33 Proposed Order to Show Cause Without Emergency Relief. Document filed by Qlay Co.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Scully, Brieanne) |
| Filing 33 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Qlay Co...(Scully, Brieanne) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #33 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #36 Proposed Default Judgment was reviewed and approved as to form. (dt) |
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Filing 32
NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Qlay Co. ("Qlay" or "Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendants ASUNLINE, Ishanqudi, RighLeft and Souda Mino in the above captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. it is so ORDERED. (Signed by Judge John G. Koeltl on 3/29/2021) RighLeft, Souda Mino, ASUNLINE and Ishanqudi terminated. (ks)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #31 Notice of Voluntary Dismissal was reviewed and referred to Judge John G. Koeltl 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 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) ASUNLINE, Ishanqudi, RighLeft, Souda Mino. Document filed by Qlay Co.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Scully, Brieanne) |
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Filing 30
NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff Qlay Co. ("Qlay" or Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendants hdjkfv, kunyongjiancai and in the above-captioned action, with prejudice. and with each party to bear its own attorneys' fees, costs and expenses. It is so ORDERED., hdjkfv and kunyongjiancai terminated. (Signed by Judge John G. Koeltl on 3/25/2021) (ama)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #29 Notice of Voluntary Dismissal was reviewed and referred to Judge John G. Koeltl 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 29 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) hdjkfv, kunyongjiancai. Document filed by Qlay Co.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Scully, Brieanne) |
| Filing 28 CLERK'S CERTIFICATE OF DEFAULT as to Adajay, Alanproth, Arthurham, ASUNLINE, ATRXZ, CADFAE, Ceciln, CHARLESSO,Dancysity, DgfstmStore, DongDin, DuLei Power Tools, Ealty,enshibailianshangmaoyouxiangongsi, FactoryQuality, Fafalisa, fg.fgh966g, FLYW,FujianPingtanSent, gasafkja, hdjkfv, HongweFood, huyuwang US, Ishanqudi, Jessui,jinluguanchongwuyongpin, KAIMANLI, KANATSIU, kjghuihuiohui, Korlav, Koucas,kunyongjiancai, KyleShelby, LALABOMB, lanxiang11, liangguolong111, liudandan0304,Maily Direct, Mildred B Espinoza, Minyi clothing store, licheng, xianyou county, MitxiRa,Montana Braking, Montanaer, Mr_10612, MY-Fish, Nature Porter, Network Technologyy,NseldRY, RighLeft, ROBETT, ropz, RUIZITS, Senoritan, Serabins,shenzhenshiqingyunzhishangkejiyouxiangongsi, Shomkio, Somcbs, Souda Mino,Sunshine^Yang-beauty, SWF-Linha, Taliadia, tanghuibisacanyindian, Thevictory, Thoney,wengshijian1987, wsawadkjhgrfe, YCSMH, YouXianGong123, Zoucheng DinghangBuilding Materials Co. LTD and, issued March 23, 2021.(dt) |
| Filing 27 DECLARATION of Brieanne Scully in Support re: #26 Proposed Clerk's Certificate of Default. Document filed by Qlay Co.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Scully, Brieanne) |
| Filing 26 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Qlay Co...(Scully, Brieanne) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/23/2021 (dt). |
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Filing 25
NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Qlay Co. ("Qlay" or "Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendants IAYUANLUN in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. It is so ORDERED. (Signed by Judge John G. Koeltl on 3/15/2021) IAYUANLUN terminated. (ks)
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| Filing 24 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) IAYUANLUN. Document filed by Qlay Co.. 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. #24 Notice of Voluntary Dismissal was reviewed and referred to Judge John G. Koeltl 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) |
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Filing 23
NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Qlay Co. ("Qlay" or "Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendants lizhenhan, Min.Gui, QIGNSHAN and Tang.Chao in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. It is so ORDERED. (Signed by Judge John G. Koeltl on 3/3/2021) Tang.Chao, lizhenhan, Min.Gui and QIGNSHAN terminated. (ks)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #21 Notice of Voluntary Dismissal, was reviewed and referred to Judge John G. Koeltl 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) |
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Filing 22
ORDER granting #20 Letter Motion to Adjourn Conference. The conference scheduled for March 8, 2021 is adjourned. SO ORDERED. (Signed by Judge John G. Koeltl on 3/2/2021) (ks)
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| Filing 21 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) Min.Gui, QIGNSHAN, Tang.Chao, lizhenhan. Document filed by Qlay Co.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Scully, Brieanne) |
| Filing 20 LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Danielle S. Yamali dated March 2, 2021. Document filed by Qlay Co...(Yamali, Danielle) |
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Filing 19
NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Qlay Co. ("Qlay" or "Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendants AMAZING BOY, Compression ex and huangqingshan better in the above captioned action, with prejudice, and with each party to bear its own attorneys fees, costs and expenses. It is SO ORDERED. huangqingshan better, AMAZING BOY and Compression ex terminated. (Signed by Judge John G. Koeltl on 2/26/2021) (kv)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #18 Notice of Voluntary Dismissal, was reviewed and referred to Judge John G. Koeltl 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 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) AMAZING BOY, Compression ex, huangqingshan better. Document filed by Qlay Co.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Scully, Brieanne) |
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Filing 17
NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Qlay Co. ("Qlay" or "Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendants ChenMeiZhiLeiZhiPin, Hai Lin Fashion, MiinYuaa Co Ltd and TaneshaGa in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. IT IS SO ORDERED. (Signed by Judge John G. Koeltl on 2/10/2021) MiinYuaa Co Ltd, TaneshaGa, ChenMeiZhiLeiZhiPin and Hai Lin Fashion terminated. (ks)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #16 Notice of Voluntary Dismissal, was reviewed and referred to Judge John G. Koeltl 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 16 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) ChenMeiZhiLeiZhiPin, Hai Lin Fashion, MiinYuaa Co Ltd, TaneshaGa. Document filed by Qlay Co.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Scully, Brieanne) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference set for 3/8/2021 at 03:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 15 CERTIFICATE OF SERVICE. Document filed by Qlay Co...(Scully, Brieanne) |
| Filing 14 CERTIFICATE OF SERVICE. licheng, served on 11/30/2020, answer due 12/21/2020; xianyou county served on 11/30/2020, answer due 12/21/2020; AMAZING BOY served on 11/30/2020, answer due 12/21/2020; ASUNLINE served on 11/30/2020, answer due 12/21/2020; ATRXZ served on 11/30/2020, answer due 12/21/2020; Adajay served on 11/30/2020, answer due 12/21/2020; Alanproth served on 11/30/2020, answer due 12/21/2020; Arthurham served on 11/30/2020, answer due 12/21/2020; CADFAE served on 11/30/2020, answer due 12/21/2020; CHARLESSO served on 11/30/2020, answer due 12/21/2020; Ceciln served on 11/30/2020, answer due 12/21/2020; ChenMeiZhiLeiZhiPin served on 11/30/2020, answer due 12/21/2020; Compression ex served on 11/30/2020, answer due 12/21/2020; Dancysity served on 11/30/2020, answer due 12/21/2020; DgfstmStore served on 11/30/2020, answer due 12/21/2020; DongDin served on 11/30/2020, answer due 12/21/2020; DuLei Power Tools served on 11/30/2020, answer due 12/21/2020; Ealty served on 11/30/2020, answer due 12/21/2020; FLYW served on 11/30/2020, answer due 12/21/2020; FactoryQuality served on 11/30/2020, answer due 12/21/2020; Fafalisa served on 11/30/2020, answer due 12/21/2020; FujianPingtanSent served on 11/30/2020, answer due 12/21/2020; Hai Lin Fashion served on 11/30/2020, answer due 12/21/2020; HongweFood served on 11/30/2020, answer due 12/21/2020; IAYUANLUN served on 11/30/2020, answer due 12/21/2020; Ishanqudi served on 11/30/2020, answer due 12/21/2020; Jessui served on 11/30/2020, answer due 12/21/2020; KAIMANLI served on 11/30/2020, answer due 12/21/2020; KANATSIU served on 11/30/2020, answer due 12/21/2020; Korlav served on 11/30/2020, answer due 12/21/2020; Koucas served on 11/30/2020, answer due 12/21/2020; KyleShelby served on 11/30/2020, answer due 12/21/2020; LALABOMB served on 11/30/2020, answer due 12/21/2020; MYFish served on 11/30/2020, answer due 12/21/2020; Maily Direct served on 11/30/2020, answer due 12/21/2020; MiinYuaa Co Ltd served on 11/30/2020, answer due 12/21/2020; Mildred B Espinoza served on 11/30/2020, answer due 12/21/2020; Min.Gui served on 11/30/2020, answer due 12/21/2020; Minyi clothing store, served on 11/30/2020, answer due 12/21/2020; MitxiRa served on 11/30/2020, answer due 12/21/2020; Montana Braking served on 11/30/2020, answer due 12/21/2020; Montanaer served on 11/30/2020, answer due 12/21/2020; Mr_10612 served on 11/30/2020, answer due 12/21/2020; Nature Porter served on 11/30/2020, answer due 12/21/2020; Network Technologyy served on 11/30/2020, answer due 12/21/2020; NseldRY served on 11/30/2020, answer due 12/21/2020; QIGNSHAN served on 11/30/2020, answer due 12/21/2020; ROBETT served on 11/30/2020, answer due 12/21/2020; RUIZITS served on 11/30/2020, answer due 12/21/2020; RighLeft served on 11/30/2020, answer due 12/21/2020; SWFLinha served on 11/30/2020, answer due 12/21/2020; Senoritan served on 11/30/2020, answer due 12/21/2020; Serabins served on 11/30/2020, answer due 12/21/2020; Shomkio served on 11/30/2020, answer due 12/21/2020; Somcbs served on 11/30/2020, answer due 12/21/2020; Souda Mino served on 11/30/2020, answer due 12/21/2020; SunshineYangbeauty served on 11/30/2020, answer due 12/21/2020; Taliadia served on 11/30/2020, answer due 12/21/2020; TaneshaGa served on 11/30/2020, answer due 12/21/2020; Tang.Chao served on 11/30/2020, answer due 12/21/2020; Thevictory served on 11/30/2020, answer due 12/21/2020; Thoney served on 11/30/2020, answer due 12/21/2020; YCSMH served on 11/30/2020, answer due 12/21/2020; YouXianGong123 served on 11/30/2020, answer due 12/21/2020; Zoucheng Dinghang Building Materials Co. LTD served on 11/30/2020, answer due 12/21/2020; enshibailianshangmaoyouxiangongsi served on 11/30/2020, answer due 12/21/2020; fg.fgh966g served on 11/30/2020, answer due 12/21/2020; gasafkja served on 11/30/2020, answer due 12/21/2020; hdjkfv served on 11/30/2020, answer due 12/21/2020; huangqingshan better served on 11/30/2020, answer due 12/21/2020; huyuwang US served on 11/30/2020, answer due 12/21/2020; jinluguanchongwuyongpin served on 11/30/2020, answer due 12/21/2020; kjghuihuiohui served on 11/30/2020, answer due 12/21/2020; kunyongjiancai served on 11/30/2020, answer due 12/21/2020; lanxiang11 served on 11/30/2020, answer due 12/21/2020; liangguolong111 served on 11/30/2020, answer due 12/21/2020; liudandan0304 served on 11/30/2020, answer due 12/21/2020; lizhenhan served on 11/30/2020, answer due 12/21/2020; ropz served on 11/30/2020, answer due 12/21/2020; shenzhenshiqingyunzhishangkejiyouxiangongsi served on 11/30/2020, answer due 12/21/2020; tanghuibisacanyindian served on 11/30/2020, answer due 12/21/2020; wengshijian1987 served on 11/30/2020, answer due 12/21/2020; wsawadkjhgrfe served on 11/30/2020, answer due 12/21/2020. Document filed by Qlay Co...(Scully, Brieanne) |
| Filing 13 PROPOSED ) 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: 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 for fourteen (14) days from the date of this order, and for such further period as may be provided by order of the Court: as further set forth in this order. B. IT IS HEREBY ORDERED, as sufficient cause has been shown, that the Third Party Service Providers and Financial Institutions are hereby restrained and enjoined from engaging in any of the following acts or omissions for fourteen (14) days from the date of this order, and for such further period as may be provided by order of the Court: as further set forth C. IT IS HEREBY ORDERED, as sufficient cause has been shown, that the Third Party Service Providers are hereby restrained and enjoined from engaging in any of the following acts or omissions for fourteen (14) days from the date of this order, and for such further period as may be provided by order of the Court: All other provisions as further set forth in this order. (This document was previously filed under seal in envelope #2 and unsealed on 12/2/2020.)..(js) |
| Filing 12 DECLARATION of CHAD WILD CLAY 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: (This document was previously filed under seal in envelope #2 and unsealed on 12/2/2020.)..(js) |
| Filing 11 DECLARATION of JASON M. DRANGEL 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; (This document was previously filed under seal in envelope #2 and unsealed on 12/2/2020.).(js) |
| Filing 10 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 (This document was previously filed under seal in envelope #2 and unsealed on 12/2/2020.). Document filed by Qlay Co..(js) |
| Filing 9 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 previously filed under seal in envelope #2 and unsealed on 12/2/2020.).(js) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Qlay Co. (This document was previously filed under seal in envelope #2 and unsealed on 12/2/2020.).(js) |
| Filing 7 SUMMONS ISSUED as to licheng,, xianyou county, AMAZING BOY, ASUNLINE, ATRXZ, Adajay, Alanproth, Arthurham, CADFAE, CHARLESSO, Ceciln, ChenMeiZhiLeiZhiPin, Compression ex, Dancysity, DgfstmStore, DongDin, DuLei Power Tools, Ealty, FLYW, FactoryQuality, Fafalisa, FujianPingtanSent, Hai Lin Fashion, HongweFood, IAYUANLUN, Ishanqudi, Jessui, KAIMANLI, KANATSIU, Korlav, Koucas, KyleShelby, LALABOMB, MYFish, Maily Direct, MiinYuaa Co Ltd, Mildred B Espinoza, Min.Gui, Minyi clothing store,, MitxiRa, Montana Braking, Montanaer, Mr_10612, Nature Porter, Network Technologyy, NseldRY, QIGNSHAN, ROBETT, RUIZITS, RighLeft, SWFLinha, Senoritan, Serabins, Shomkio, Somcbs, Souda Mino, SunshineYangbeauty, Taliadia, TaneshaGa, Tang.Chao, Thevictory, Thoney, YCSMH, YouXianGong123, Zoucheng Dinghang Building Materials Co. LTD, enshibailianshangmaoyouxiangongsi, fg.fgh966g, gasafkja, hdjkfv, huangqingshan better, huyuwang US, jinluguanchongwuyongpin, kjghuihuiohui, kunyongjiancai, lanxiang11, liangguolong111, liudandan0304, lizhenhan, ropz, shenzhenshiqingyunzhishangkejiyouxiangongsi, tanghuibisacanyindian, wengshijian1987, wsawadkjhgrfe. (This document was previously filed under seal in envelope #2 and unsealed on 12/2/2020.).(js) |
| Filing 6 COMPLAINT against licheng,, xianyou county, AMAZING BOY, ASUNLINE, ATRXZ, Adajay, Alanproth, Arthurham, CADFAE, CHARLESSO, Ceciln, ChenMeiZhiLeiZhiPin, Compression ex, Dancysity, DgfstmStore, DongDin, DuLei Power Tools, Ealty, FLYW, FactoryQuality, Fafalisa, FujianPingtanSent, Hai Lin Fashion, HongweFood, IAYUANLUN, Ishanqudi, Jessui, KAIMANLI, KANATSIU, Korlav, Koucas, KyleShelby, LALABOMB, MYFish, Maily Direct, MiinYuaa Co Ltd, Mildred B Espinoza, Min.Gui, Minyi clothing store,, MitxiRa, Montana Braking, Montanaer, Mr_10612, Nature Porter, Network Technologyy, NseldRY, QIGNSHAN, ROBETT, RUIZITS, RighLeft, SWFLinha, Senoritan, Serabins, Shomkio, Somcbs, Souda Mino, SunshineYangbeauty, Taliadia, TaneshaGa, Tang.Chao, Thevictory, Thoney, YCSMH, YouXianGong123, Zoucheng Dinghang Building Materials Co. LTD, enshibailianshangmaoyouxiangongsi, fg.fgh966g, gasafkja, hdjkfv, huangqingshan better, huyuwang US, jinluguanchongwuyongpin, kjghuihuiohui, kunyongjiancai, lanxiang11, liangguolong111, liudandan0304, lizhenhan, ropz, shenzhenshiqingyunzhishangkejiyouxiangongsi, tanghuibisacanyindian, wengshijian1987, wsawadkjhgrfe. Document filed by Qlay Co. (Attachments: #1 Exhibit C part 1, #2 Exhibit C part 2, #3 Exhibit C part 3, #4 Exhibit C part 4, #5 Exhibit C part 5, #6 Exhibit C part 6). (This document was previously filed under seal in envelope #2 and unsealed on 12/2/2020) (js) |
| Filing 5 CIVIL COVER SHEET filed. (This document was previously filed under seal in envelope #2 and unsealed on 12/2/2020.).(js) Modified on 12/4/2020 (js). |
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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 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 CWC Mark and/or marks that are confusingly similar to, identical to and constitute a counterfeiting and/or infringement of the CWC Mark; as further set forth in this Order. The $10,000.00 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. As further set forth in this Order. SO ORDERED. (Signed by Judge John G. Koeltl on 12/2/2020) (ks) Transmission to Finance Unit (Cashiers) for processing.
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Filing 3
ORDER. All of the filings in this case are unsealed because all of the defendants have now been served. SO ORDERED. (Signed by Judge John G. Koeltl on 12/02/2020)(jus)
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| Filing 2 SEALED DOCUMENT placed in vault..(jus) |
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Filing 1
***Sealed*** ORDER, Case sealed. (Signed by Judge J. Paul Oetken on 11/20/2020) (jus)
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| Magistrate Judge Stewart D. Aaron 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jus) |
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