ABC v. DEF
Case Number: 1:2021cv06029
Filed: September 13, 2021
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
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Date Filed Document Text
September 20, 2022 Opinion or Order Filing 64 CLERK'S DEFAULT JUDGMENT in favor of Kelly Toys Holdings, LLC against Baoding Mi Xiaomei Trading Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Dongguan Gaodenbao Toys Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Donggu an Joy Sum Toys Manufacturing Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Dongguan Mito Technology Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Dongguan Nansen Plush Toys Co., Ltd.; in favor of Kelly Toys Holdings, LLC ag ainst Dongguan Qingyu Electronic Technology Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Dongguan Woodfield Baby Products Company Limited; in favor of Kelly Toys Holdings, LLC against Dongguan Yikang Plush Toys Co., Ltd.,; in favor of Kelly Toys Holdings, LLC against Foreigners Store; in favor of Kelly Toys Holdings, LLC against Foshan Nalu Apparel Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Guangzhou Epsilon Import And Export Co., Ltd.; in favor of Kelly Toys H oldings, LLC against Guangzhou Happy Island Toys Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Hunan Uyeah International Trade Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Jinhua Hairong Import And Export Co., Ltd.; in favo r of Kelly Toys Holdings, LLC against Long Way Wooden Toys & Crafts Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Nanjing Unico International Trade Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Peaceful (guangzhou) Import An d Export Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Nantong Opera Imp.& Exp. Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Ningbo Yima Import And Export Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Peaceful (g uangzhou) Import And Export Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Qingdao Hongwuyue Industry And Trade Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Qingdao Qunze Toys Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Quanzhou Guanghe Mingliang Trading Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Quanzhou Huaerfeiya Electronic Commerce Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Salvatore Store; in favor of Kelly Toys Holdings, LLC against Shandong Peach Town Toys & Gifts Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Shanghai Kedi Toys Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Shanghai Nova Industrial Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Shenzhen Mina Technology Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Shijiazhuang Qunze Traning Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Suzhou Mygreen Textiles Co., Ltd.; in favor of Kelly Toys Holdings, LLC against The road to happiness Store; in favor of Kelly Toys Holdings, LLC against Toy Encyclopedia Store; in favor of Kelly Toys Holdings, LLC against Vanci Store; in favor of Kelly Toys Holdings, LLC against YANGZHOU DIXIN TOY Store; in favor of Kelly Toys Holdings, LLC against Yancheng Lanyi International Trading Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Yangzhou Caisheng Handicraft Product Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Yangzhou Haitong Textile Products Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Yangzhou Hobby Import & Export Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Yangzhou Jijia Toys Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Yangzh ou Lerddy Toys & Gifts Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Yangzhou Marisa Toy Gifts Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Yangzhou Rongjiang Liangpin Toy Co., Ltd.; in favor of Kelly Toys Holdings, LLC aga inst Yangzhou Tay Chain Import & Export Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Yangzhou Yijiang iv Product Trading Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Yangzhou Youpu Household Products Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Yangzhou Yurui Household Products Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Yiwu Galore Accessories Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Yiwu Jianyu E-Commerce Firm; in favor of Kelly Toys Holdings, LLC against Yiwu Jinbiao Textile Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Yiwu Lenora Trading Co., Ltd.; in favor of Kelly Toys Holdings, LLC against Yiwu Niuluo Trade Firm; in favor of Kelly Toys Holdings, L LC against Yiwu Quanfa Import & Export Company Limited; in favor of Kelly Toys Holdings, LLC against Yiwu Yizhou Trading Co., Ltd. in the amount of $2,550,000.00. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 20, 2022, and the Court's Order dated September 19, 2022, the Report and Recommendation is adopted in full. Plaintiff is awarded damages in the amount of $50,000.00 against each of the following fift y-one (51) Defaulting Defendants (1) Baoding Mi Xiaomei Trading Co., Ltd., (2) Dongguan Gaodenbao Toys Co., Ltd., (3) Dongguan Joy Sum Toys Manufacturing Co., Ltd., (4) Dongguan Mito Technology Co., Ltd., (5) Dongguan Nansen Plush Toys Co., Ltd., (6) Dongguan Qingyu Electronic Technology Co., Ltd., (7) Dongguan Woodfield Baby Products Company Limited, (8) Dongguan Yikang Plush Toys Co., Ltd., (9) Foreigners Store, (10) Foshan Nalu Apparel Co., Ltd., (11) Guangzhou Epsilon Import and Export Co., Ltd., (12) Guangzhou Happy Island Toys Co., Ltd., (13) Hunan Uyeah International Trade Co., Ltd., (14) Jinhua Hairong Import and Export Co., Ltd., (15) Long Way Wooden Toys & Crafts Co., Ltd., (16) Nanjing Unico International Trade Co., Ltd., (17) Nantong Opera Imp. & Exp. Co., Ltd., (18) Ningbo Yima Import and Export Co., Ltd., (19) Peaceful (guangzhou) Import and Export Co., Ltd., (20) Qingdao Qunze Toys Co., Ltd., (21) Quanzhou Guanghe Mingliang Trading Co., Ltd., (22) Quanzhou Hua erfeiya Electronic Commerce Co., Ltd., (23) Salvatore Store, (24) Shandong Peach Town Toys & Gifts Co., Ltd., (25) Shanghai Kedi Toys Co., Ltd., (26) Shanghai Nova Industrial Co., Ltd., (27) Shenzhen Mina Technology Co., Ltd., (28) Shijiazhuang Qun ze Traning Co., Ltd., (29) Suzhou Mygreen Textiles Co., Ltd., (30) The road to happiness Store, (31) Toy Encyclopedia Store, (32) Vanci Store, (33) Yancheng Lanyi International Trading Co., Ltd., (34) YANGZHOU DIXIN TOY Store, (35) Yangzhou Haiton g Textile Products Co., Ltd., (36) Yangzhou Hobby Import & Export Co., Ltd., (37) Yangzhou Jijia Toys Co., Ltd., (38) Yangzhou Lerddy Toys & Gifts Co., Ltd., (39) Yangzhou Marisa Toy Gifts Co., Ltd., (40) Yangzhou Rongjiang Liangpin Toy Co., Ltd., (41) Yangzhou Tay Chain Import & Export Co., Ltd, (42) Yangzhou Yijiang iv Product Trading Co., Ltd., (43) Yangzhou Youpu Household Products Co., Ltd., (44) Yangzhou Yuru Household Products Co., Ltd., (45) Yiwu Galore Accessories Co., Ltd., (46) Y iwu Jianyu E-Commerce Firm, (47) Yiwu Jinbiao Textile Co., Ltd., (48) Yiwu Lenora Trading Co., Ltd., (49) Yiwu Niuluo Trade Firm, (50) Yiwu Quanfa Import & Export Company Limited and (51) Yiwu Yizhou Trading Co., Ltd. Defaulting Defendants shall pay post-judgment interest pursuant to 28 U.S.C. § 1961; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/20/2022) (Attachments: # 1 Right to Appeal) (km)
September 19, 2022 Opinion or Order Filing 62 ORDER for 59 Report and Recommendations. It is hereby ORDERED and ADJUDGED that the Report is ADOPTED in full. Plaintiff is awarded damages in the amount of $50,000.00 against each of the following fifty-one (51) Defaulting Defendants: As further set forth by this Order. ORDERED that Defaulting Defendants shall pay post-judgment interest pursuant to 28 U.S.C. § 1961. (Signed by Judge Lorna G. Schofield on 9/19/2022) (tg) Modified on 9/19/2022 (tg).
August 30, 2022 Opinion or Order Filing 60 ORDER: It is hereby ORDERED that Plaintiff shall promptly serve a copy of the Report and Recommendation on the Defaulting Defendants. It is further ORDERED that Plaintiff shall file proof of such service on the docket by September 12, 2022. (Signed by Judge Lorna G. Schofield on 8/30/2022) (mml)
December 3, 2021 Opinion or Order Filing 52 FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: Defendants' Frozen Accounts = Defendants' Financial Accounts that were and/or are attached and frozen or restrained by the Financial Institutions pursuant to the TRO and/or PI Or der, or which are attached and frozen or restrained pursuant to any future order entered by the Court in this action. The Court, having considered the Memorandum of Law and Affidavit of Danielle S. Futterman in support of Plaintiff's Motion for Default Judgment and a Permanent Injunction Against Defaulting Defendant, the Certificates 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 ORDERED, ADJUDGED AND DECREED as set forth in this Order. An order addressing damages will issue separately. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Third Party Se rvice Providers and Financial Institutions are permanently enjoined and restrained from: A.secreting, concealing, destroying, altering, selling off, transferring or otherwise disposing of and/or dealing with any computer files, data, business records, documents or any other records or evidence relating to Defaulting Defendants' Frozen Assets from or to Defaulting Defendants' Financial Accounts. IT IS FURTHER ORDERED, as sufficient cause has been shown, the 30 day automatic stay on enforcing Plaintiff's judgment, pursuant to Fed. R. Civ. Pro. 62(a) is hereby dissolved. The Court releases the Fifteen Thousand U.S. Dollar ($15,000.00) security bond that Plaintiff submitted in connection with this action to c ounsel for Plaintiff, Epstein Drangel, LLP, 60 East42nd 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 Lorna G. Schofield on 12/3/2021) (ate) Transmission to Finance Unit (Cashiers) for processing.
November 19, 2021 Opinion or Order Filing 47 ORDER: It is hereby ORDERED that by November 24, 2021, Plaintiff shall file a new proposed default judgment order that reflects any changes in light of the voluntary dismissals. (Signed by Judge Lorna G. Schofield on 11/18/2021) (tg)
September 28, 2021 Opinion or Order Filing 19 PRELIMINARY INJUNCTION ORDER: 1. The injunctive relief previously granted in the TRO shall remain in place through the pendency of this action, and issuing this Order is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the Lanha m 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, importin g, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in Counterfeit Products or any other products bearing the Squishmallows Marks and/or Squishmallows Works and/or marks or artwork that are confusingly or substantially similar to, identical to and constitute a counterfeiting and/or infringement of the Squishmallows Marks and/or Squishmallows Works; ii. directly or indirectly infringing in any manner Plaintiff's S quishmallows Marks and/or Squishmallows Works, as further set forth in this Order. 7. 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 t his Order may be considered and prosecuted as in contempt of this Court. 8. The $15,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. 9. This Order shall remain in effect during the pendency of this action, or until further order of the Court. 10. 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. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/5/2021) (mml)
September 20, 2021 Opinion or Order Filing 14 ORDER: It is hereby ORDERED that Plaintiff shall file a status letter by September 27, 2021, advising the Court on the status of the action, including the status of service for all Defendants. (Signed by Judge Lorna G. Schofield on 9/20/2021) (ama)
September 13, 2021 Opinion or Order Filing 4 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 Lorna G. Schofield on 08/05/2021)(jus)
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