HVN Clothing, Inc. et al v. Shein Distribution Corp.
Plaintiff: HVN Clothing, Inc. and Harley Viera-Newton
Defendant: Shein Distribution Corp.
Case Number: 1:2021cv08852
Filed: October 29, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Katharine H Parker
Referring Judge: Gregory H Woods
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1116
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 6, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 17, 2021 Filing 44 STATUS REPORT. re Compliance with Preliminary Injunction Document filed by Shein Distribution Corp...(Boyajian, Nina)
December 16, 2021 Opinion or Order Filing 43 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. Motions terminated: #42 JOINT LETTER MOTION for Discovery per Rule II.d of the Court's Individual Practices, requesting the entry of a proposed stipulated protective order addressed to Magistrate Judge Katharine H. Parker from Nina D. Boyajian dated 12/15/2021 filed by Shein Distribution Corp. (Signed by Magistrate Judge Katharine H. Parker on 12/16/2021) (vfr)
December 15, 2021 Filing 42 JOINT LETTER MOTION for Discovery per Rule II.d of the Court's Individual Practices, requesting the entry of a proposed stipulated protective order addressed to Magistrate Judge Katharine H. Parker from Nina D. Boyajian dated 12/15/2021. Document filed by Shein Distribution Corp.. (Attachments: #1 Exhibit A GTRedline_v1 - 61509134_v 3_Stipulated Protective Order, #2 Exhibit B 2021-12-15 Stipulated Protective Order).(Boyajian, Nina)
December 9, 2021 Filing 41 NOTICE OF CHANGE OF ADDRESS by Justin Albano MacLean on behalf of Shein Distribution Corp.. New Address: Greenberg Traurig, LLP, One Vanderbilt Avenue, New York, NY, US 10017, 212-801-9200..(MacLean, Justin)
December 9, 2021 Filing 40 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a hearing proceeding held on 11/17/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
December 9, 2021 Filing 39 TRANSCRIPT of Proceedings re: hearing held on 11/17/2021 before Judge Gregory H. Woods. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/30/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/9/2022..(Moya, Goretti)
December 6, 2021 Filing 38 ANSWER to #1 Complaint,, with JURY DEMAND. Document filed by Shein Distribution Corp...(Boyajian, Nina)
December 6, 2021 Filing 37 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Roadget Business Pte. Ltd. for Shein Distribution Corp.. Document filed by Shein Distribution Corp...(Boyajian, Nina)
November 19, 2021 Opinion or Order Filing 36 ORDER granting #35 Letter Motion for Extension of Time to Answer re #35 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint until 12/062021 addressed to Judge Gregory H. Woods from Nina D. Boyajian dated 11/18/2021. APPLICATION GRANTED. This case has been referred to the undersigned for general pretrial matters. Extensions of time to respond to the Complaint is within that referral. The request for an extension of time to respond to the Complaint is granted. #1 Complaint,. Shein Distribution Corp. answer due 12/6/2021. (Signed by Magistrate Judge Katharine H. Parker on 11/19/2021) (vfr)
November 18, 2021 Filing 35 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, until 12/062021 addressed to Judge Gregory H. Woods from Nina D. Boyajian dated 11/18/2021. Document filed by Shein Distribution Corp...(Boyajian, Nina)
November 18, 2021 Filing 34 UNDERTAKING ON PRELIMINARY INJUNCTION BOND, BOND#3495317 in the amount of $10,000.00 posted by Plaintiffs.(km)
November 18, 2021 Opinion or Order Filing 33 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Settlement and Dispositive Motion (i.e., motion requiring a Report and Recommendation) and All such motions. Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Gregory H. Woods on 11/18/2021) (rro) Modified on 11/30/2021 (rro).
November 17, 2021 Opinion or Order Filing 32 ORDER granting #11 Motion for TRO; granting #11 Motion for Preliminary Injunction. IT IS HEREBY ORDERED, sufficient cause being shown, that Defendant and its officers, agents, servants, employees, attorneys and all other persons who are in active concert or participation with Defendant, are hereby restrained and enjoyed from engaging in any of the following acts or omissions pending the entry of a final judgment in this action or a further order of the Court: a) Using the registered HVN Mark for or in connection with the manufacture, distribution, advertising, promotion, offering for sale or sale of hats, kimonos, pants, robes, scarves, shorts, sleepwear, swimwear or womens clothing, namely shirts, dresses, skirts and blouses. b) Using, displaying, reproducing or copying the copyrighted HVN Cherry Print design on, or in connection with the manufacture, distribution, advertising, promotion, offering for sale, or sale of any goods. IT IS FURTHER ORDERED, sufficient cause being shown, that pursuant to 15 U.S.C. 1116(a), within thirty days after the service on the defendant of this Order, the defendant shall serve on the plaintiffs and file with the Court a report in writing under oath setting forth in detail the manner and form in which the defendant has complied with this Order. IT IS FURTHER ORDERED that Plaintiffs shall place security (in the form of a surety bond, cash, certified check, or attorneys check) in the amount of ten thousand dollars ($10,000.00) with the Court, which amount is determined adequate for the payment of damages that any person may be entitled to recover as a result of an improper or wrongful restraint ordered hereunder. The Clerk of Court is directed to terminate the motion currently pending at Dkt. No. 11. (Signed by Judge Gregory H. Woods on 11/17/2021) (rro) Transmission to Finance Unit (Cashiers) for processing.
November 17, 2021 Minute Entry for proceedings held before Judge Gregory H. Woods: Show Cause Hearing held on 11/17/2021. (Court Reporter present) (wv)
November 16, 2021 Filing 31 NOTICE OF APPEARANCE by Thomas M. Mullaney on behalf of HVN Clothing, Inc...(Mullaney, Thomas)
November 12, 2021 Filing 30 REPLY AFFIRMATION of Wesley M. Mullen in Support re: #11 EMERGENCY MOTION for Temporary Restraining Order against Counterfeiting and Other Harms. MOTION for Preliminary Injunction .. Document filed by HVN Clothing, Inc., Harley Viera-Newton. (Attachments: #1 Exhibit 1 - HVN Sweatsuit, #2 Exhibit 2 - Infringing Sweatsuit, #3 Exhibit 3 - 11/3/21 Email from W. Mullen to N. Boyajian, #4 Exhibit 4 - 11/3/21 Email from N. Boyajian to W. Mullen encl. Defendant's Proposed Injunction, #5 Exhibit 5 - Redline of Defendant's Inadequate Proposed Injunction, #6 Exhibit 6 - 11/4/21 Email from W. Mullen to N. Boyajian, #7 Exhibit 7 - 12/18/19 Chiao Decl., #8 Exhibit 8 - 3/2/20 Chiao Decl., #9 Exhibit 9 - 10/29/21 AirWair Filing).(Mullen, Wesley)
November 12, 2021 Filing 29 REPLY MEMORANDUM OF LAW in Support re: #11 EMERGENCY MOTION for Temporary Restraining Order against Counterfeiting and Other Harms. MOTION for Preliminary Injunction . . Document filed by HVN Clothing, Inc., Harley Viera-Newton..(Mullen, Wesley)
November 12, 2021 Opinion or Order Filing 28 ORDER granting #27 Letter Motion to Adjourn Conference. Application granted. The order to show cause hearing is adjourned to Wednesday, November 17, 2021 at 9:00 a.m. The hearing will be held in Courtroom 12C of the United States District Court for the Southern District of New York at 500 Pearl Street, New York, New York. The Clerk of Court is directed to terminate the motion currently pending at Dkt. No. 27. SO ORDERED. Show Cause Hearing set for 11/17/2021 at 09:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.. (Signed by Judge Gregory H. Woods on 11/12/2021) (jca)
November 12, 2021 Filing 27 CONSENT LETTER MOTION to Adjourn Conference re Show Cause Hearing on Pls' Injunction Motion from Nov. 15, 2021 to Nov. 17, 2021 addressed to Judge Gregory H. Woods from Wesley M. Mullen dated November 12, 2021. Document filed by HVN Clothing, Inc., Harley Viera-Newton..(Mullen, Wesley)
November 10, 2021 Filing 26 REPLY MEMORANDUM OF LAW in Opposition re: #11 EMERGENCY MOTION for Temporary Restraining Order against Counterfeiting and Other Harms. MOTION for Preliminary Injunction . . Document filed by Shein Distribution Corp.. (Attachments: #1 Affidavit of George Chiao in Support of Opposition, #2 Affidavit of Nina D. Boyajian in Support of Opposition, #3 Exhibit A to Boyajian Decl., #4 Exhibit B to Boyajian Decl., #5 Exhibit C to Boyajian Decl., #6 Exhibit D to Boyajian Decl., #7 Exhibit E to Boyajian Decl., #8 Exhibit F to Boyajian Decl., #9 Exhibit G to Boyajian Decl., #10 Exhibit H to Boyajian Decl., #11 Exhibit I to Boyajian Decl.).(Boyajian, Nina)
November 4, 2021 Opinion or Order Filing 25 ORDER FOR ADMISSION PRO HAC VICE granting #22 Motion for Nina Diana Boyajian to Appear Pro Hac Vice. IT IS HERBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED.. (Signed by Magistrate Judge Katharine H. Parker on 11/4/2021) (kv)
November 4, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Nina Diana Boyajian to Appear Pro Hac Vice for Defendant Shein Distribution Corp.. Filing fee $ 200.00, receipt number ANYSDC-25283969. Motion and supporting papers to be reviewed by Clerk's Office st. The document has been reviewed and there are no deficiencies. (bcu)
November 3, 2021 Filing 24 NOTICE OF APPEARANCE by Michael Sean Weinstock on behalf of HVN Clothing, Inc., Harley Viera-Newton..(Weinstock, Michael)
November 3, 2021 Filing 23 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Shein Distribution Corp. served on 11/1/2021, answer due 11/22/2021. Service was accepted by Jessica Ying. Document filed by HVN Clothing, Inc.; Harley Viera-Newton..(Mullen, Wesley)
November 3, 2021 Filing 22 MOTION for Nina Diana Boyajian to Appear Pro Hac Vice for Defendant Shein Distribution Corp.. Filing fee $ 200.00, receipt number ANYSDC-25283969. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shein Distribution Corp.. (Attachments: #1 Affidavit of Nina D. Boyajian, #2 CA Standing Certificate, #3 Text of Proposed Order).(Boyajian, Nina)
November 3, 2021 Filing 21 NOTICE OF APPEARANCE by Justin Albano MacLean on behalf of Shein Distribution Corp...(MacLean, Justin)
November 3, 2021 Opinion or Order Filing 20 ORDER TO SHOW CAUSE: Defendant or its counsel are hereby ORDERED to show cause before this Court inCourtroom 12C of the United States District Court for the Southern District of New York at 500 Pearl Street, New York, New York, on 11/15/2021 at 9:00 am in the forenoon or at such other time and by such other remote telephonic orvideographic or other method(s) as the Court deems appropriate, why a preliminaryinjunction should not issue pursuant to Fed. R. Civ. P. 65 on the terms and subject to the proposed conditions set forth in Paragraph I of Plaintiff's proposed temporary restraining order stricken through on pages 3 and 4 of this order.IT IS FURTHER ORDERED that opposing papers, if any, shall be filed electronicallywith the Court and served on Plaintiffs' counsel by delivering true electronic copiesthereof to Wesley M. Mullen, Esq. at wmullen@mullenpc.com on or before 11/10/2021; and that Plaintiffs shall file and serve any Reply papers onor before 11/12/2021 and further set forth in this Order. ( Show Cause Hearing set for 11/15/2021 at 09:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.), ( Replies due by 11/12/2021., Show Cause Response due by 11/10/2021.) (Signed by Judge Gregory H. Woods on 11/3/2021) (rro)
November 3, 2021 Opinion or Order Filing 19 INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 1/27/2022 at 11:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/3/2021) (vfr)
November 3, 2021 Opinion or Order Filing 18 ORDER ADJOURNING CONFERENCE: The hearing in this matter scheduled for Wednesday, November 3, 2021 at 3:30 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York is hereby adjourned sine die. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/3/2021) (vfr)
November 3, 2021 Opinion or Order Filing 17 MEMO ENDORSEMENT on re: #16 Letter filed by Harley Viera-Newton, HVN Clothing, Inc. ENDORSEMENT: This case has been reassigned to me on November 2, 2021 for general pretrial supervision purposes. A conference will be held on Wednesday, November 3, 2021 at 3:30 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York to address the Emergency Motion for Temporary Restraining Order filed on November 2, 2021 (ECF #11). So Ordered. (Status Conference set for 11/3/2021 at 03:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/3/2021) (js)
November 2, 2021 Filing 16 LETTER addressed to Magistrate Judge Katharine H. Parker from Wesley M. Mullen dated November 2, 2021 re: Cover Letter to Plaintiffs' Emergency Motion for a TRO. Document filed by HVN Clothing, Inc., Harley Viera-Newton..(Mullen, Wesley)
November 2, 2021 Filing 15 DECLARATION of Wesley M. Mullen in Support re: #11 EMERGENCY MOTION for Temporary Restraining Order against Counterfeiting and Other Harms. MOTION for Preliminary Injunction .. Document filed by HVN Clothing, Inc., Harley Viera-Newton. (Attachments: #1 Exhibit 1 - Trademark Registration, #2 Exhibit 2 - Copyright Office Record, #3 Exhibit 3 - 10/15/21 Cease and Desist, #4 Exhibit 4 - 10/26/21 Correspondence from Def's Counsel, #5 Exhibit 5 - 10/26/21 Correspondence from Pls' Counsel, #6 Exhibit 6 - 10/28/21 Correspondence from Pls.' Counsel, #7 Exhibit 7 - 10/29/21 Correspondence from Pls.' Counsel encl. Complaint, #8 Exhibit 8 - 11/1/21 Correspondence from Pls.' Counsel, #9 Exhibit 9 - 11/2/21 Correspondence from Def's Counsel, #10 Exhibit 10 - 11/2/21 Correspondence from Pls' Counsel, #11 Exhibit 11 - Shein Terms & Conditions, #12 Exhibit 12 - Defendant's Corporate Registration).(Mullen, Wesley)
November 2, 2021 Filing 14 DECLARATION of Alleine Castro in Support re: #11 EMERGENCY MOTION for Temporary Restraining Order against Counterfeiting and Other Harms. MOTION for Preliminary Injunction .. Document filed by HVN Clothing, Inc., Harley Viera-Newton. (Attachments: #1 Exhibit 1 - 10/15/21 Cease and Desist Letter, #2 Exhibit 2 - Shein Infringement Website, #3 Exhibit 3 - Order Confirmation for Counterfeit Goods, #4 Exhibit 4 - Order Confirmation for Counterfeit Goods, #5 Exhibit 5 - Order Confirmation for Counterfeit Goods, #6 Exhibit 6 - Shipping Label, #7 Exhibit 7 - Shipping Label, #8 Exhibit 8 - Photograph of Counterfeit Goods, #9 Exhibit 9 - Photograph of Counterfeit Goods, #10 Exhibit 10 - Photograph of Counterfeit Goods, #11 Exhibit 11 - Photograph of Counterfeit Goods, #12 Exhibit 12 - Photograph of Counterfeit Goods, #13 Exhibit 13 - Photograph of Counterfeit Goods, #14 Exhibit 14 - Photograph of Counterfeit Goods).(Mullen, Wesley)
November 2, 2021 Filing 13 DECLARATION of Harley Viera-Newton in Support re: #11 EMERGENCY MOTION for Temporary Restraining Order against Counterfeiting and Other Harms. MOTION for Preliminary Injunction .. Document filed by HVN Clothing, Inc., Harley Viera-Newton. (Attachments: #1 Exhibit 1 - Text Message re Confusion, #2 Exhibit 2 - Text Message re Confusion, #3 3 - Photograph of Counterfeit Goods, #4 4 - Photograph of Counterfeit Goods, #5 5 - Photograph of Counterfeit Goods, #6 6 - Photograph of Counterfeit Goods).(Mullen, Wesley)
November 2, 2021 Filing 12 MEMORANDUM OF LAW in Support re: #11 EMERGENCY MOTION for Temporary Restraining Order against Counterfeiting and Other Harms. MOTION for Preliminary Injunction . . Document filed by HVN Clothing, Inc., Harley Viera-Newton..(Mullen, Wesley)
November 2, 2021 Filing 11 EMERGENCY MOTION for Temporary Restraining Order against Counterfeiting and Other Harms., MOTION for Preliminary Injunction . Document filed by HVN Clothing, Inc., Harley Viera-Newton..(Mullen, Wesley) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
November 2, 2021 Opinion or Order Filing 10 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) and All such motions. Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Gregory H. Woods on 11/2/2021) (rro)
November 2, 2021 Magistrate Judge Katharine H. Parker is so redesignated. (aea)
November 2, 2021 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Katharine H. Parker, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Magistrate Judge Robert W. Lehrburger no longer referred to the case. (laq)
November 1, 2021 Filing 9 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..(pc)
November 1, 2021 Filing 8 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)..(pc)
November 1, 2021 Filing 7 ELECTRONIC SUMMONS ISSUED as to Shein Distribution Corp...(pc)
November 1, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(pc)
November 1, 2021 Magistrate Judge Robert W. Lehrburger 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. (pc)
November 1, 2021 Case Designated ECF. (pc)
October 29, 2021 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to SHEIN DISTRIBUTION CORP., re: #1 Complaint,,. Document filed by HVN Clothing, Inc., Harley Viera-Newton..(Mullen, Wesley)
October 29, 2021 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by HVN Clothing, Inc...(Mullen, Wesley)
October 29, 2021 Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Mullen, Wesley)
October 29, 2021 Filing 3 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Mullen, Wesley)
October 29, 2021 Filing 2 CIVIL COVER SHEET filed..(Mullen, Wesley)
October 29, 2021 Filing 1 COMPLAINT against Shein Distribution Corp.. (Filing Fee $ 402.00, Receipt Number BNYSDC-25260858)Document filed by HVN Clothing, Inc., Harley Viera-Newton. (Attachments: #1 Exhibit HVN Trademark Registration, #2 Exhibit Authentic HVN Goods, #3 Exhibit Authentic HVN Goods, #4 Exhibit Authentic HVN Goods, #5 Exhibit Shein Counterfeits - Shein Website, #6 Exhibit Shein Counterfeits - Shein Website, #7 Exhibit Shein Counterfeits - Shein Website, #8 Exhibit Shein Counterfeits - Shein App, #9 Shein Counterfeits - Shein App).(Mullen, Wesley)

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Plaintiff: HVN Clothing, Inc.
Represented By: Wesley Martin Mullen
Represented By: Michael Sean Weinstock
Represented By: Thomas M. Mullaney
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Plaintiff: Harley Viera-Newton
Represented By: Wesley Martin Mullen
Represented By: Michael Sean Weinstock
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Defendant: Shein Distribution Corp.
Represented By: Justin Albano MacLean
Represented By: Nina D. Boyajian
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