Tangle Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto
| Tangle Inc. |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto, Worcester Toys, The Training Shop, Tinknstinkshop and 2CA61 BYLF |
| RDA Market |
| 1:2021cv07024 |
| August 19, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Trademark |
| 15 U.S.C. § 44 |
| None |
Docket Report
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This docket was last retrieved on November 14, 2022. A more recent docket listing may be available from PACER.
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Filing 51
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS. Pursuant to Fed. R. Civ. Pro. 41(a)(1)(i), Plaintiff TANGLE, INC. voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice: RDA Market. SO ORDERED., (RDA Market terminated.) (Signed by Judge Jesse M. Furman on 10/14/21) (yv)
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Filing 50
AFFIDAVIT OF SERVICE of Order (Docket 43) served on All Defendants in Schedule A to Complaint on 10/13/2021. Document filed by Tangle Inc...(Moren, Harry)
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Filing 49
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, without prejudice and without costs against the defendant(s) RDA Market. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Moren, Harry)
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Filing 48
ORDER denying #45 Letter Motion for Leave to File Document. Application DENIED. The Clerk of Court is directed to terminate ECF No. 45. (Signed by Judge Jesse M. Furman on 10/13/2021) (rro)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #49 Notice of Voluntary Dismissal was reviewed and referred to Judge Jesse M. Furman 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 47
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #50) - AFFIDAVIT OF SERVICE of Order Docket 43 served on All Defendants on 10/13/2021. Document filed by Tangle Inc...(Moren, Harry) Modified on 10/15/2021 (ldi).
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Filing 46
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS. Pursuant to Fed. R. Civ. Pro. 41(a)(1)(i) Plaintiff TANGLE, INC. voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice. In light of the forgoing, Defendant 2CA61BYLF's motion to dismiss and motion to dissolve the temporary restraining order, see ECF Nos. 31-32, are hereby dismissed as moot. The Clerk of Court is directed to terminate ECF Nos. 31-32. SO ORDERED., Motions terminated: #32 FIRST MOTION to Dismiss for Lack of Jurisdiction by Defendant 2COM61 BYLF. filed by The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto, #31 EMERGENCY MOTION for Temporary Restraining Order DISSOLVE TRO, NOT IMPOSE TRO. filed by The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto., (2CA61 BYLF terminated.) (Signed by Judge Jesse M. Furman on 10/13/21) (yv) Modified on 10/13/2021 (yv).
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Filing 45
FIRST LETTER MOTION for Leave to File Amicus Curiae in Opposition to Plaintiff's Motion for Defaults addressed to Judge Jesse M. Furman from Cory Jay (CJ) Rosenbaum Esq dated 10-12-21. Document filed by 2CA61 BYLF..(Rosenbaum, Cory)
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Filing 44
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, without prejudice and without costs against the defendant(s) 2CA61 BYLF. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Moren, Harry)
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Filing 43
ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING:In light of the foregoing, it is hereby ORDERED that any motion for default judgment against the 63 Defendants identified in Plaintiffs October 8, 2021 Letter, see ECF No. 42, shall be filed, in accordance with the Courts Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon- jesse-m-furman), no later than October 28, 2021. Defendants shall file any opposition to the motion for default judgment no later than November 10, 2021. Defendants are cautioned that a partnership, association, limited liability company, or corporation may appear in federal court only through licensed counsel, and where such an entity repeatedly fails to appear by counsel, a default judgment may be entered against it. Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (internal quotation marks omitted); see also Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007). If a motion for default judgment is filed, it is further ORDERED that each Defendant appear before this Court via telephone and show cause on November 18, 2021, at 4:30 p.m., why an order should not be issued granting a default judgment against that Defendant. Prior to that date, Plaintiffs must file the proposed default judgment order electronically, using the ECF Filing Event "Proposed Default Judgment," for the Clerk's approval. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs: as further set forth in this order. It is further ORDERED that Plaintiffs shall serve Defendants with a copy of this Order within one business day of the date of this Order; and a copy of the motion for default judgment and all supporting papers within one business day of the date of any such motion. Such service shall be made consistent with the methods of service ordered by the Court in its August 26, 2021 Order. See ECF No. 12, paragraph 5. In each case, within two business days of service, Plaintiffs must file proof of such service on the docket. So Ordered. Show Cause Hearing set for 11/18/2021 at 04:30 PM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 10/12/2021) (js)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #44 Notice of Voluntary Dismissal was reviewed and referred to Judge Jesse M. Furman 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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Set/Reset Deadlines: Motions due by 10/28/2021. Responses due by 11/10/2021 (js)
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Filing 42
LETTER addressed to Judge Jesse M. Furman from Harry J. Moren dated October 08, 2021 re: Court's Order dated September 13, 2021 Dkt No. 25. Document filed by Tangle Inc...(Moren, Harry)
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Filing 41
REPLY AFFIRMATION of Omer Sahin in Support re: #31 EMERGENCY MOTION for Temporary Restraining Order DISSOLVE TRO, NOT IMPOSE TRO., #32 FIRST MOTION to Dismiss for Lack of Jurisdiction by Defendant 2COM61 BYLF.. Document filed by The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto..(Rosenbaum, Cory)
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Filing 40
FIRST REPLY MEMORANDUM OF LAW in Support re: #31 EMERGENCY MOTION for Temporary Restraining Order DISSOLVE TRO, NOT IMPOSE TRO., #32 FIRST MOTION to Dismiss for Lack of Jurisdiction by Defendant 2COM61 BYLF. . Document filed by The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto. (Attachments: #1 Affidavit).(Rosenbaum, Cory)
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Filing 39
DECLARATION of Harry J. Moren in Opposition re: #32 FIRST MOTION to Dismiss for Lack of Jurisdiction by Defendant 2COM61 BYLF.. Document filed by Tangle Inc.. (Attachments: #1 Exhibit 1 (Omer Sahin Email), #2 Exhibit 2 (BYLF storefront)).(Moren, Harry)
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Filing 38
MEMORANDUM OF LAW in Opposition re: #32 FIRST MOTION to Dismiss for Lack of Jurisdiction by Defendant 2COM61 BYLF. . Document filed by Tangle Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Moren, Harry)
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Filing 37
CERTIFICATE OF SERVICE of Order #35 served on goodstorys@163.com on October 03, 2021. Document filed by Tangle Inc...(Moren, Harry)
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Filing 36
ORDER re: #31 EMERGENCY MOTION for Temporary Restraining Order DISSOLVE TRO, NOT IMPOSE TRO. filed by The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto, #32 FIRST MOTION to Dismiss for Lack of Jurisdiction by Defendant 2COM61 BYLF. filed by The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto, Set Deadlines/Hearing as to #31 EMERGENCY MOTION for Temporary Restraining Order DISSOLVE TRO, NOT IMPOSE TRO., #32 FIRST MOTION to Dismiss for Lack of Jurisdiction by Defendant 2COM61 BYLF. As discussed on the record during today's conference: 1. Plaintiff shall file a consolidated opposition to Defendant 2CA61 BYLF's ("BYLF") Motion to Dissolve the Temporary Restraining Order, see ECF No. 31, and Motion to Dismiss, see ECF No. 32, no later than October 6, 2021, at 12:00 p.m. 2. Defendant BYLF shall file its consolidated reply no later than October 8, 2021, at 5:00 p.m. 3. If the parties agree that a modification of the briefing schedule is warranted in order to facilitate settlement discussions, the parties shall file a joint letter-motion to that effect. SO ORDERED.: ( Responses due by 10/6/2021, Replies due by 10/8/2021.) (Signed by Judge Jesse M. Furman on 10/1/21) (yv)
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Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held via teleconference on 10/1/2021. Harry Moren for Plaintiff. Corey Jay Rosenbaum for Defendant 2CA61 BYLF. Court reporter present. (ab)
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Filing 35
ORDER. The Court received an email from goodstorys@163.com, a copy of which is attached, purportedly on behalf of a party in this case. Such communications ex parte and submitted by email in violation of the Court's rules are inappropriate and will not be considered by the Court. Parties are directed to file communications with the Court in accordance with the applicable rules, including the Court's Individual Rules and Practices for Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, which letters to be filed electronically on ECF. The parties are cautioned that corporate entities, including partnerships, associations, limited liability companies, and corporations, may appear in federal court only through licensed counsel, see Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007); Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006), and where such an entity "repeatedly fails to appear by counsel, a default judgment may be entered against it," Grace, 443 F.3d at 192 (internal quotation marks omitted). Plaintiff shall promptly email a copy of this Order to goodstorys@163.com and, no later than October 4, 2021, file proof of such service. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/1/21) (yv)
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Filing 34
ORDER with respect to #31 Motion to Dissolve TRO. It is hereby ORDERED that the parties appear for a conference tomorrow, October 1, 2021, at 2:30 p.m. to discuss the issues raised by the motion to dismiss and motion to dissolve the temporary restraining order filed by Defendant 2CA61BYLF. The conference will be held remotely by telephone in accordance with Rule 2(B) of the Courts Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) It is further ORDERED that Plaintiff's counsel may (but is not required to) file any response to the issues raised by the two motions in a letter to the Court no later than October 1, 2021, at 12:00 p.m. SO ORDERED. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 33
NOTICE OF APPEARANCE by Cory Jay Rosenbaum on behalf of The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto..(Rosenbaum, Cory)
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Filing 32
FIRST MOTION to Dismiss for Lack of Jurisdiction by Defendant 2COM61 BYLF. Document filed by The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto. (Attachments: #1 Affidavit in Support of Motion to Dismiss for lack of Personal Jurisdiction).(Rosenbaum, Cory)
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Filing 31
EMERGENCY MOTION for Temporary Restraining Order DISSOLVE TRO, NOT IMPOSE TRO. Document filed by The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto. (Attachments: #1 Affidavit in Support of Motion to Dissolve TRO).(Rosenbaum, Cory) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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Filing 30
ORDER granting #29 Motion for Harry J. Moren to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 29
MOTION for Harry J. Moren to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25064527. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tangle Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Moren, Harry)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Harry J. Moren to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25064527. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Minute Entry for proceedings held before Judge Jesse M. Furman: Preliminary Injunction Hearing held via teleconference on 9/13/2021. Michael R. Yellin for Plaintiff. Court reporter present. (ab)
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Transmission to Finance Unit (Cashiers). Transmitted re: #25 Preliminary Injunction, to the Finance Unit (Cashiers) for case processing. (yv)
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Filing 28
ORDER granting #27 Motion for Andrew P. Holland to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 27
MOTION for Andrew P. Holland to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25053386. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tangle Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Holland, Andrew)
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Filing 26
SUMMONS RETURNED EXECUTED. Document filed by Tangle Inc...(Holland, Andrew)
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Filing 25
PRELIMINARY INJUNCTION ORDER. THIS COURT having determined, therefore, that injunctive relief previously granted in the Temporary Restraining Order ("TRO") on August 26, 2021 [Dkt No 12] (and currently in place until September 9, 2021) should remain in place through the pendency of this litigation and that issuing this Preliminary Injunction is warranted under Federal Rule of Civil Procedure 65; NOW THEREFORE, on this day of September, 2021, this Court ORDERS that: Defendants, their affiliates, officers, agents, servants, employees, attorneys,confederates, and all persons acting for, with, by, through, under or in active concert with them be preliminarily enjoined and restrained from: Using Plaintiff's TANGLE Trademarks, copyrights, or any reproductions,counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any product that is not a genuine TANGLE product or not authorized by Plaintiff to be sold in connection with Plaintiff's TANGLE Trademarks and/or copyrights; Passing off, inducing, or enabling others to sell or pass off any product as agenuine TANGLE product or any other product produced by Plaintiff, that is not Plaintiff's or not produced under the authorization, control, or supervision of Plaintiff and approved by Plaintiff for sale under the Plaintiff's TANGLE Trademarks and/or copyrights; Committing any acts calculated to cause consumers to believe that Defendants' products are those sold under the authorization, control or supervision of Plaintiff, or are sponsored by, approved by, or otherwise connected with Plaintiff; Further infringing the Plaintiff's TANGLE Trademarks and/or copyrights and damaging Plaintiff's goodwill; Otherwise competing unfairly with Plaintiff in any manner; Shipping, delivering, holding for sale, transferring or otherwise moving,storing, distributing, returning, or otherwise disposing of, in any manner, products or inventory not manufactured by or for Plaintiff, nor authorized by Plaintiff to be sold or offered for sale, and which bear any of Plaintiff's TANGLE Trademarks and/or copyrights or any reproductions, counterfeit copies, or colorable imitations thereof; Using, linking to, transferring, selling, exercising control over, or otherwise owning the Online Marketplace Accounts, the Defendant Domain Names, or any other domain name or online marketplace account that is being used to sell or is the means by which Defendants could continue to sell counterfeit TANGLE products; and Operating and/or hosting websites at the Defendant Domain Names and any other domain names registered or operated by Defendants that are involved with the distribution, marketing, advertising, offering for sale, or sale of any product bearing Plaintiff's TANGLE Trademarks and/or copyrights or any reproductions, counterfeit copies, or colorable imitations thereof that is not a genuine TANGLE product or not authorized by Plaintiff to be sold in connection with Plaintiffs TANGLE Trademarks and/or copyrights. The five thousand dollars ($5,000.00) bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Preliminary Injunction is terminated. It is further ORDERED that no later than seven days after the earliest answer deadline Plaintiff's counsel shall file a letter indicating: (1) for each Defendant, whether the Defendant has appeared; (2) for each Defendant who has not appeared, if any, whether Plaintiff intends to move for default judgment as to that Defendant; and (3) for each Defendant who has appeared, if any, how Plaintiff intends to proceed with respect to that Defendant. SO ORDERED. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/13/21) (yv)
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Filing 24
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS. Pursuant to Fed. R. Civ. Pro. 41(a)(1)(i), plaintiff TANGLE, INC. voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice as further set forth in this Order. SO ORDERED., (Worcester Toys, The Training Shop and Tinknstinkshop terminated.) (Signed by Judge Jesse M. Furman on 9/13/21) (yv)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #22 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jesse M. Furman 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)
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CASHIERS OFFICE REGISTRY DEPOSIT as per #12 Order to Show Cause, Set Hearings,, Terminate Motions, dated 08/26/2021, from Judge Jesse M. Furman, received $5,000.00 from Tangle Inc. Receipt Number NYSCCA-00365 on 9/10/2021..(jkr)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Andrew P. Holland to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25053386. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 23
ORDER terminating #17 Letter Motion to Continue. The Court does not believe an adjournment of the preliminary injunction hearing currently scheduled for September 13, 2021, is necessary in light of these developments. The Clerk of Court is directed to terminate ECF No. 17. SO ORDERED.. (Signed by Judge Jesse M. Furman on 9/10/2021) (ks)
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Filing 22
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, without prejudice and without costs against the defendant(s) Worcester Toys, The Training Shop, Tinknstinkshop. Document filed by Tangle Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Yellin, Michael)
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Filing 21
CERTIFICATE OF SERVICE. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto served on 9/10/2021, answer due 10/1/2021. Document filed by Tangle Inc.. (Attachments: #1 Exhibit A (E-mail Serving TRO Papers), #2 Exhibit B (E-mail Serving Summons, Complaint, and TRO)).(Yellin, Michael)
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Filing 20
REDACTION to #10 Redacted Document, (Unredacted Pursuant to Court's Order) by Tangle Inc. (Attachments: #1 Supplement Part 2, #2 Supplement Part 3, #3 Supplement Part 4, #4 Supplement Part 5, #5 Supplement Part 6, #6 Supplement Part 7, #7 Supplement Part 8).(Yellin, Michael)
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Filing 19
REDACTION to #9 Redacted Document (Unredacted Pursuant to Court's Order) by Tangle Inc..(Yellin, Michael)
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Filing 18
LETTER addressed to Judge Jesse M. Furman from Michael R Yellin dated September 10, 2021 re: Confirmation of Compliance by Amazon.com. Document filed by Tangle Inc...(Yellin, Michael)
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Filing 17
LETTER MOTION to Continue addressed to Judge Jesse M. Furman from Michael R Yellin dated September 10, 2021. Document filed by Tangle Inc.. (Attachments: #1 Exhibit A (E-mails with Amazon.com)).(Yellin, Michael)
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Filing 16
ORDER: In light of the Court's prior order, the deadline for Plaintiff to file the currently sealed documents on ECF is extended, nunc pro tunc, to September 10, 2021, at noon. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
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Filing 15
ORDER granting #13 Letter Motion to Continue Hearing Date: The preliminary injunction hearing is hereby ADJOURNED to Monday, September 13, 2021, at 11:30 a.m. The call-in information remains the same. The Temporary Restraining Order is hereby extended, on good cause, through the new hearing date. Plaintiff shall serve a copy of this Order on Defendants when serving the Complaint and motion papers and file proof of such service. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #14 Proposed Order was reviewed and approved as to form. (km)
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Filing 14
PROPOSED ORDER. Document filed by Tangle Inc...(Yellin, Michael) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 13
LETTER MOTION to Continue Hearing Date addressed to Judge Jesse M. Furman from Michael R Yellin dated September 7, 2021. Document filed by Tangle Inc...(Yellin, Michael)
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Filing 12
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER. Plaintiff's Application is hereby GRANTED and it is ORDERED as follows: As sufficient causes has been shown, Defendants are temporarily enjoined and restrained from engaging in any of the following conduct pending the return date of the Application as referenced below: Using the TANGLE Trademark or TANGLE Copyrights or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any Counterfeit Products; Passing off, inducing, or enabling others to sell or pass off any product asa genuine TANGLE Product that is not, in fact, Plaintiff's TANGLE Product and/or not produced under the authorization, control, or supervision of Plaintiff and approved by Plaintiff for sale under the TANGLE Trademark or TANGLE Copyrights; Committing any acts calculated to cause consumers to believe that Defendants' Counterfeit Products are those sold under the authorization,control, or supervision of Plaintiff, or are sponsored by, approved by, or otherwise connected with Plaintiff; Further infringing the TANGLE Trademark or TANGLE Copyrights and damaging Plaintiff's goodwill; Shipping, delivering, holding for sale, transferring, or otherwise moving,storing, distributing, returning, or otherwise disposing of, in any manner,products or inventory not manufactured by or for Plaintiff, nor authorized by Plaintiff to be sold or offered for sale, and which bear(s) the TANGLE Trademark or TANGLE Copyrights or any reproductions, counterfeit copies, or colorable imitations thereof; Using, linking to, transferring, selling, exercising control over, or otherwise owning the User Accounts, the Defendant Internet Stores, or any other domain name or online market place account that is being used to sell or is the means by which Defendants could continue to sell Counterfeit Products; and Operating and/or hosting websites and/or any other web presence registered or operated by Defendants that are involved with the distribution, marketing, advertising, offering for sale, or sale of any product embodying or bearing the TANGLE Trademark or TANGLE Copyrights and as further set forth in this Order. Pursuant to Fed. R. Civ. P. 64 and 65, as well as C.P.L.R. 6201, and this Court's inherent equitable power to issue provisional remedies ancillary to its authority to provide final equitable relief, as sufficient cause has been shown, that within five (5) days of receipt service of this Order, that (i) Wish, (ii) PayPal, Inc. ("PayPal"), (iii) Payoneer, Inc ("Payoneer"), (iv) Amazon.com, (v) eBay, (vi) and other payment processing service providers (collectively referred to as the "Financial Institutions") shall locate all accounts associated with Defendants (the "Defendants' Accounts") and other assets belonging to Defendants (the "Defendants' Assets") and shall locate, attach, and restrain the transfer or disposing of monies or funds from Defendants' Accounts, as well as the transfer or disposing of Defendants' Assets, until further ordered by this Court. The Financial Institutions shall provide written confirmation of their compliance with the foregoing to Plaintiffs' counsel. As sufficient cause has been shown, within fourteen days of receipt of service of this Order, the Financial Institutions, including Amazon and eBay in their capacity as online marketplace platforms, shall Provide the following information to Plaintiff's counsel (to the extent such information is in the Financial Institutions' possession, custody, or control) as further set forth in this Order. Pursuant to Fed. R. Civ. P. 4(f)(3), as sufficient cause has been shown, that service of this Order and the Summons and Complaint may be made on, and shall be deemed effective as to Defendants if it is completed by the following means as further set forth in this Order. The Clerk of Court is directed to issue a single original summons naming the individual Defendants listed at Schedule A, ECF No. 9. Plaintiff should contact the SDNY Finance/Cashier Office to obtain the summons in-person. Plaintiff shall deposit with the Court Five Thousand Dollars ($5,000.00), either cash, cashiers check or surety bond, as security, which amount was determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Schedule A to the Complaint (which shall also be attached to this Order as served, but shall be sealed until Defendants' Defendants' Accounts and Defendants' Assets are restrained) and Exhibit 2 to the Declaration of Richard Zawitz shall remain sealed until Defendants' Defendants' Accounts and Defendants' Assets are restrained. Plaintiff shall file unsealed versions of Schedule A to the Complaint and Exhibit 2 to the Declaration of Richard Zawitz using the CM/ECF system prior to the expiration of this Order. IT IS FURTHER ORDERED that a hearing shall be held on September 9, 2021 at 11:30 a.m. which Plaintiff may present its arguments in support of its request for issuance of a preliminary injunction. At such time, any Defendants may also be heard as to opposition to Plaintiff's Application. The hearing shall proceed by teleconference as described below. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before September 7, 2021, at 5:00 p.m. This Temporary Restraining Order without notice is entered on August 26, 2021, and shall remain in effect for fourteen (14) days. The hearing will take place remotely by telephone in accordance with Rule 2(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) Counsel should review and comply with the rules regarding teleconferences in the Court's Individual Rules and Practices in Civil Cases, including Rule 2(B)(i), which requires the parties, no later than 24 hours before the conference, to send an email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. Plaintiff is hereby ORDERED to submit a proposed preliminary injunction order by no later than September 7, 2021, at noon. The motion to seal filed at ECF No. 8 is GRANTED. Unless the Court orders otherwise, Plaintiffs shall publicly file the sealed documents on or before September 8, 2021, at noon. Additionally, Plaintiffs' motion at ECF No. 11 seeking an enlargement of their page limits is GRANTED nunc pro tunc. The Clerk of Court is directed to terminate ECF Nos. 8 and 11. SO ORDERED. ( Show Cause Response due by 9/7/2021.), ( Telephone Conference set for 9/9/2021 at 11:30 AM before Judge Jesse M. Furman.), Motions terminated: #8 MOTION to Seal Schedule A to Complaint and Exhibit 2 to Zawitz Declaration. filed by Tangle Inc.. (Signed by Judge Jesse M. Furman on 8/26/21) (yv)
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Transmission to the Civil Case Openings Clerk. Transmitted re: #12 Order to Show Cause, Set Hearings, Terminate Motions, to the Civil Case Openings Clerk for case processing., Transmission to Finance Unit (Cashiers). Transmitted re: #12 Order to Show Cause, Set Hearings, Terminate Motions, to the Finance Unit (Cashiers) for case processing. (yv)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
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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. (jgo)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #4 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael R. Yellin. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
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Case Designated ECF. (jgo)
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Filing 11
MOTION for Leave to File Excess Pages . Document filed by Tangle Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A (Brief)).(Yellin, Michael)
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Filing 10
***EX-PARTE***REDACTION to #7 Declaration in Support, Exhibit 2 by Tangle Inc. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement, #5 Supplement, #6 Supplement, #7 Supplement)Motion or Order to File Under Seal: #8 .(Yellin, Michael)
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Filing 9
***EX-PARTE***REDACTION to #1 Complaint, Schedule A by Tangle Inc.Motion or Order to File Under Seal: #8 .(Yellin, Michael)
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Filing 8
MOTION to Seal Schedule A to Complaint and Exhibit 2 to Zawitz Declaration. Document filed by Tangle Inc...(Yellin, Michael)
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Filing 7
DECLARATION of Richard Zawitz in Support re: #4 Proposed Order to Show Cause With Emergency Relief,. Document filed by Tangle Inc.. (Attachments: #1 Exhibit 1 (Copyright and Trademark Registration), #2 Exhibit 2 (Screenshot Printouts - Redacted)).(Yellin, Michael)
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Filing 6
DECLARATION of Michael R. Yellin in Support re: #4 Proposed Order to Show Cause With Emergency Relief,. Document filed by Tangle Inc.. (Attachments: #1 Exhibit 1 (January 2011 Mark Monitor report), #2 Exhibit 2 (IP Rights Seizures Statistics Report), #3 Exhibit 3 (BASCAP Report), #4 Exhibit 4 (ICANN Registrar Accreditation Agreement), #5 Exhibit 5 (Hague Convention on Service Abroad), #6 Exhibit 6 (Translation of Civil Procedure Law of the People's Republic of China)).(Yellin, Michael)
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Filing 5
MEMORANDUM OF LAW in Support re: #4 Proposed Order to Show Cause With Emergency Relief, . Document filed by Tangle Inc...(Yellin, Michael)
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Filing 4
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Tangle Inc.. (Attachments: #1 Exhibit Schedule A) Related Document Number: #1 ..(Yellin, Michael) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tangle Inc...(Yellin, Michael)
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Filing 2
CIVIL COVER SHEET filed..(Yellin, Michael)
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Filing 1
COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto. (Filing Fee $ 402.00, Receipt Number ANYSDC-24959151)Document filed by Tangle Inc.. (Attachments: #1 Exhibit Schedule A, #2 Exhibit 1 (Trademark Registration), #3 Exhibit 2 (Copyright Registrations)).(Yellin, Michael)
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