Telebrands Corp. v. www.christmas-decors.com et al
| Telebrands Corp. |
| www.christmas-decors.com, www.tidetab.com and www.humiayo.com |
| 1:2021cv07799 |
| September 17, 2021 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Trademark |
| 15 U.S.C. § 1125 la |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 10, 2022. A more recent docket listing may be available from PACER.
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Filing 31
MEMO ENDORSEMENT on re: #30 Letter filed by Telebrands Corp.. ENDORSEMENT: OK. SO ORDERED. (Signed by Judge Colleen McMahon on 11/12/2021) (kv)
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| Filing 30 LETTER addressed to Judge Colleen McMahon from Danielle S. Futterman dated November 10, 2021 re: Request for Adjournment of Pretrial Conference. Document filed by Telebrands Corp...(Futterman, Danielle) |
| Filing 29 CLERK'S CERTIFICATE OF DEFAULT as to Defendants www.christmas-decors.com, www.Tidetab.com and www.humiayo.com, issued November 10, 2021.(dt) |
| Filing 28 DECLARATION of Danielle S. Futterman in Support re: #27 Proposed Clerk's Certificate of Default. Document filed by Telebrands Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Futterman, Danielle) |
| Filing 27 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Telebrands Corp...(Futterman, Danielle) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/10/2021 (dt). |
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Filing 26
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. (And as further set forth herein.) Initial Conference set for 12/2/2021 at 11:00 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 10/14/2021) (jca)
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Filing 25
PRELIMINARY INJUNCTION ORDER: The injunctive relief previously granted in the TRO shall remain in place through the pendency of this litigation, and issuing this Order is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the Lanham Act. Accordingly, Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or until further order of the Court: As set forth herein. SO ORDERED. (Signed by Judge Colleen McMahon on 10/06/2021) (ama)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #24 Proposed Order was reviewed and approved as to form. (dt) |
| Minute Entry for proceedings held before Judge Colleen McMahon: Show Cause Hearing held on 10/4/2021. Decision: Order to Show Cause Hearing held with Plaintiffs counsel appearing via telephone. Defendants failed to appear. Preliminary injunction granted for reasons stated on the record. Plaintiff will file proposed order for preliminary injunction. Transcript will be available on ECF. Submitted by: Caroline Fish. (Court Reporter Raquel Robles). (mde) |
| Filing 24 PROPOSED ORDER. Document filed by Telebrands Corp...(Futterman, Danielle) Proposed Order to be reviewed by Clerk's Office staff. |
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Filing 23
ORDER granting #22 Letter Motion for Conference re: #22 LETTER MOTION for Conference by Telephone addressed to Judge Colleen McMahon from Danielle S. Futterman dated September 30, 2021. Ok, dial in at 1(888)363-4749, access code (9054506).. (Signed by Judge Colleen McMahon on 9/30/2021) (kv)
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| Filing 22 LETTER MOTION for Conference by Telephone addressed to Judge Colleen McMahon from Danielle S. Futterman dated September 30, 2021. Document filed by Telebrands Corp...(Futterman, Danielle) |
| Filing 21 CERTIFICATE OF SERVICE. www.christmas-decors.com served on 9/23/2021, answer due 10/14/2021; www.humiayo.com served on 9/23/2021, answer due 10/14/2021; www.tidetab.com served on 9/23/2021, answer due 10/14/2021. Document filed by Telebrands Corp...(Futterman, Danielle) |
| CASHIERS OFFICE REGISTRY DEPOSIT as per #20 Order to Show Cause, dated 9/22/2021, from Judge Colleen McMahon, received $1,000.00 from Telebrands Corp Receipt Number NYSCCA-00378 on 9/23/2021..(jkr) |
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Filing 20
1) TEMPORARY RESTRAINING ORDER; 2) ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 3) ORDER AUTHORIZING ALTERNATIVE SERVICE; AND4)ORDER AUTHORIZING EXPEDITED DISCOVERY: Defendants are hereby ORDERED to show cause before this Court in Courtroom 24A of the United States District Court for the Southern District of New York at 500 Pearl Street/40 Foley Square, New York, New York on 10/4/2021 at 11 A.M. or at such other time that this Court deems appropriate, why a preliminary injunction, pursuant to Fed. R. Civ. P. 65(a), should not issue. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed electronically with the Court and served on Plaintiffs counsel by delivering copies thereof to the office of Epstein Drangel LLP at 69 East 42nd Street, Suite 2520, N_ew York, NY IO 165, Attn: Jason M. Orange on or before 9/30/2021. Deadline in response: 5 pm. IT IS FURTHER ORDERED that Plaintiff shall place security in the amount of $1000 Dollars with the Court, which amount is determined adequate for the payment of any damages any person may be entitled to recover as a result of an improper or wrongful restraint ordered hereunder. (As further set forth in this Order.) Show Cause Hearing set for 10/4/2021 at 11:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. Show Cause Response due by 9/30/2021. (Signed by Judge Colleen McMahon on 9/22/2021) (cf) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 19 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Telebrands Corp.. Related Document Number: #15 ..(Drangel, Jason) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 18 MEMORANDUM OF LAW in Support re: #15 MOTION for Temporary Restraining Order . . Document filed by Telebrands Corp...(Drangel, Jason) |
| Filing 17 DECLARATION of Bala Iyer in Support re: #15 MOTION for Temporary Restraining Order .. Document filed by Telebrands Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Drangel, Jason) |
| Filing 16 DECLARATION of Jason M. Drangel in Support re: #15 MOTION for Temporary Restraining Order .. Document filed by Telebrands Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Drangel, Jason) |
| Filing 15 MOTION for Temporary Restraining Order . Document filed by Telebrands Corp...(Drangel, Jason) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #19 Proposed Temporary Restraining Order was reviewed and approved as to form. (dt) |
| Filing 14 CIVIL COVER SHEET filed..(Drangel, Jason) |
| Filing 13 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (vf) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to www.tidetab.com. (vf) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to www.humiayo.com. (vf) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to www.christmas-decors.com. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jason M. Drangel to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jason M. Drangel. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:44 Trademark Infringement; County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1125la Trademark Infringement (Lanham Act); the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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..(vf) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Jason M. Drangel to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge James L. Cott 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. (vf) |
| Filing 9 NOTICE OF APPEARANCE by Danielle S. Futterman on behalf of Telebrands Corp...(Futterman, Danielle) |
| Filing 8 NOTICE OF APPEARANCE by Ashly Erin Sands on behalf of Telebrands Corp...(Sands, Ashly) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to www.tidetab.com, re: #1 Complaint,. Document filed by Telebrands Corp...(Drangel, Jason) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to www.humiayo.com, re: #1 Complaint,. Document filed by Telebrands Corp...(Drangel, Jason) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to www.christmas-decors.com, re: #1 Complaint,. Document filed by Telebrands Corp...(Drangel, Jason) |
| Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Drangel, Jason) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Telebrands Corp...(Drangel, Jason) |
| Filing 2 FILING ERROR - DEFICIENT CIVIL COVER SHEET - CIVIL COVER SHEET filed.(Drangel, Jason) Modified on 9/20/2021 (vf). |
| Filing 1 COMPLAINT against www.christmas-decors.com, www.humiayo.com, www.tidetab.com. (Filing Fee $ 402.00, Receipt Number ANYSDC-25076921)Document filed by Telebrands Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Drangel, Jason) |
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