HVN Clothing, Inc. et al v. Lomeway E-Commerce (Luxembourg) Limited
| HVN Clothing, Inc. and Harley Viera-Newton |
| Lomeway E-Commerce (Luxembourg) Limited doing business as d/b/a Zaful and Lomeway E-Commerce (Luxembourg) Limited doing business as Zaful |
| 1:2022cv00027 |
| January 3, 2022 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 7, 2022. A more recent docket listing may be available from PACER.
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Filing 37
ORDER granting #36 Letter Motion for Extension of Time to Answer addressed to Judge Jesse M. Furman from Adam E. Urbanczyk dated March 1, 2022. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 36. SO ORDERED. #1 Complaint,. Lomeway E-Commerce (Luxembourg) Limited answer due 3/8/2022. (Signed by Judge Jesse M. Furman on 3/1/2022) (vfr)
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Filing 36
LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Adam E. Urbanczyk dated March 1, 2022. Document filed by Lomeway E-Commerce (Luxembourg) Limited..(Urbanczyk, Adam)
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Filing 35
ORDER granting #34 LETTER MOTION for Extension of Time to respond to Complaint. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 34. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/9/2022) (jca)
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Set/Reset Deadlines: Lomeway E-Commerce (Luxembourg) Limited answer due 3/3/2022. (jca)
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Filing 34
LETTER MOTION for Extension of Time to respond to Complaint addressed to Judge Jesse M. Furman from Adam E. Urbanczyk dated February 8, 2022. Document filed by Lomeway E-Commerce (Luxembourg) Limited..(Urbanczyk, Adam)
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Filing 33
ORDER granting #32 Motion for Adam Edward Urbanczyk to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 32
SECOND MOTION for Adam Edward Urbanczyk to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lomeway E-Commerce (Luxembourg) Limited. (Attachments: #1 Exhibit 1, #2 Affidavit of Adam E. Urbanczyk, #3 Text of Proposed Order).(Urbanczyk, Adam)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #31 MOTION for Adam Edward Urbanczyk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25698114. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Michigan;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 SECOND MOTION for Adam Edward Urbanczyk to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Filing 31
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Adam Edward Urbanczyk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25698114. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lomeway E-Commerce (Luxembourg) Limited. (Attachments: #1 Exhibit 1, #2 Affidavit of Adam E. Urbanczyk, #3 Text of Proposed Order).(Urbanczyk, Adam) Modified on 2/8/2022 (bcu).
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Filing 30
CERTIFICATE OF SERVICE of Summons and Complaint,. Lomeway E-Commerce (Luxembourg) Limited served on 1/20/2022, answer due 2/10/2022. Service was made by HUISSIER de JUSTICE SUPPLEANT in accordance with Art. 5 of the Hague Service Convention. Document filed by HVN Clothing, Inc.; Harley Viera-Newton..(Mullen, Wesley)
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Minute Entry for Preliminary Injunction Hearing proceedings held via teleconference before Judge Jesse M. Furman: Wesley Mullen present for Plaintiffs. No one present for Defendant. Court reporter present. (ab)
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Filing 29
ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY INJUNCTION: IT IS HEREBY ORDERED, sufficient cause being shown, and based upon the foregoing findings of fact and conclusions of law, that Defendant and its officers, agents, servants, employees, attorneys and all other persons in active concert or participation with Defendant, are hereby restrained and enjoined 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: and further set forth in this Order. IT IS FURTHER ORDERED, pursuant to Fed. R. Civ. P. 65(c), that Plaintiffsshall deposit with the Court the sum of ten thousand dollars ($10,000.00) in cash, cashier's check, or surety bond, as security, which amount is deemed adequate for the payment of such damages as any person may be entitled to recover as a result of wrongful restraint hereunder. Plaintiffs' maintenance in effect of the undertaking dated January 12, 2022 and filed by the Plaintiffs on January 13, 2022, (ECF Doc. 26), shall constitute compliance with this provision. IT IS FURTHER ORDERED that service of this Order by email upon the Defendant's legal department (legal@zaful.com) and its outside counsel Dr. Jorg Brettschneider, LL.B. (desk@ecomvat.com), with a hard copy via recognized international express courier to Defendant's principal office at Lomeway E-Commerce (Luxembourg) Limited, 29 Boulevard Prince Henri, L-1724, Luxembourg, on or before January 27, 2022, shall constitute good and sufficient service. This Order shall become effective immediately and shall remain in effect until further order of the Court. Within two months of the date of this Order, Plaintiffs shall either file proof of service of the summons and Complaint or a status letter regarding the same. (Signed by Judge Jesse M. Furman on 1/24/2022) (rro) Transmission to Finance Unit (Cashiers) for processing.
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Filing 28
LETTER addressed to Judge Jesse M. Furman from Wesley M. Mullen dated January 21, 2022 re: Hearing on Plaintiffs' Motion for a Preliminary Injunction (ECF Doc. 11). Document filed by HVN Clothing, Inc., Harley Viera-Newton. (Attachments: #1 Exhibit A - Email to Counsel for Defendant).(Mullen, Wesley)
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Filing 27
PROPOSED ORDER. Document filed by HVN Clothing, Inc., Harley Viera-Newton. Related Document Number: [ECF Doc. 11]..(Mullen, Wesley) Proposed Order to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #27 Proposed Order was reviewed and approved as to form. (dt)
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Filing 26
UNDERTAKING ON TEMPORARY RESTRAINING ORDER, BOND #3495354 in the amount of $10,000 posted by Plaintiffs.(km)
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Filing 25
AFFIDAVIT OF SERVICE of Order (ECF Doc. 24); Motion (ECF Doc. 11); Supporting Papers served on Counsel for Lomeway E-Commerce (Luxembourg) Ltd.; Lomeway E-Commerce (Luxembourg) Ltd. on January 11, 2022. Service was made by EMAIL AND FEDEX. Document filed by HVN Clothing, Inc., Harley Viera-Newton..(Mullen, Wesley)
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Minute Entry for proceedings held before Judge Jesse M. Furman: TRO held via teleconference on 1/10/2022. Wesley Mullen present for Plaintiffs. No one present for Defendant. Court reporter present. (ab)
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Filing 24
TEMPORARY RESTRAINING ORDER, IT IS HEREBY ORDERED, pursuant to Fed. R. Civ. P. 65, that a temporary restraining order shall be immediately entered as described herein. IT IS HEREBY ORDERED, sufficient cause being shown, and based upon the foregoing findings of fact and conclusions of law, that Defendant and its officers, agents, servants, employees, attorneys and all other persons in active concert or participation with Defendant, are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the hearing and determination of the Motion or further order of the Court: 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; and (b)using, displaying, reproducing or copying the copyrighted HVN CherryPrint on, or in connection with the manufacture, distribution, advertising,promotion, offering for sale, or sale of any goods. IT IS FURTHER ORDERED, pursuant to Fed. R. Civ. P. 65(c), that Plaintiffs shall deposit with the Court the sum of ten thousand dollars ($10,000.00), in cash, cashiers check, or surety bond, as security, which amount is deemed adequate for the payment of such damages as any person may be entitled to recover as a result of wrongful restraint hereunder. IT IS FURTHER ORDERED that service of this Order, the Motion, and all supporting papers by email upon the Defendants legal department (legal@zaful.com) and its outside counsel Dr. Jorg Brettschneider, LL.B. (desk@ecomvat.com), with a hard copy via recognized international express courier to Defendants principal office at Lomeway E-Commerce (Luxembourg) Limited, 29 Boulevard Prince Henri, L-1724, Luxembourg, on or before January 11, 2022, shall constitute good and sufficient service. Plaintiffs shall file proof of such service by January 12, 2022. IT IS FURTHER ORDERED that a hearing shall be held on January 24, 2022, at 4:00 p.m., at which Plaintiffs may present their arguments in support of their request for issuance of a preliminary injunction. At such time, Defendant may also be heard as to opposition to Plaintiffs' Application. 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. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served by January 17, 2022 (notwithstanding the fact that it is a Court holiday). Any reply shall be filed and served by January 20, 2022. This Temporary Restraining Order is entered at 11:00 a.m. on January 10, 2022, and shall remain in effect for fourteen (14) days. SO ORDERED. Motions terminated: #11 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . filed by Harley Viera-Newton, HVN Clothing, Inc. (Signed by Judge Jesse M. Furman on 1/10/22) (yv) Transmission to Finance Unit (Cashiers) for processing. Modified on 1/11/2022 (yv).
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Set/Reset Deadlines: ( Responses due by 1/17/2022, Replies due by 1/20/2022.), Set/Reset Hearings:( Telephone Conference set for 1/24/2022 at 04:00 PM before Judge Jesse M. Furman.) (yv)
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Filing 23
DECLARATION of Harley Viera-Newton (CORRECTED - WITH SIGNATURE) in Support re: #11 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by HVN Clothing, Inc., Harley Viera-Newton. (Attachments: #1 Exhibit 1 - HVN Mark - Certificate of Trademark Registration, #2 Exhibit 2 - HVN Cherry Print - Certificate of Copyright Registration).(Mullen, Wesley)
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Filing 22
AFFIDAVIT OF SERVICE of Order (ECF Doc. 18) served on Counsel for Lomeway E-Commerce (Luxembourg) Ltd. on 1/7/22. Document filed by HVN Clothing, Inc., Harley Viera-Newton..(Mullen, Wesley)
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Filing 21
LETTER addressed to Judge Jesse M. Furman from Wesley M. Mullen dated January 10, 2022 re: Recent email correspondence from Defendant (as discussed at 1/10/22 Conference on Plaintiffs' Motion (ECF Doc. 11) for TRO and Preliminary Injunction). Document filed by HVN Clothing, Inc., Harley Viera-Newton. (Attachments: #1 Exhibit A - Recent Email Correspondence with Defendant).(Mullen, Wesley)
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Filing 20
PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by HVN Clothing, Inc., Harley Viera-Newton. Related Document Number: [ECF Doc. 11]..(Mullen, Wesley) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 19
AFFIDAVIT OF SERVICE of Order (ECF Doc. 18) served on Counsel for Lomeway E-Commerce (Luxembourg) Ltd. on 1/7/22. Document filed by HVN Clothing, Inc., Harley Viera-Newton..(Mullen, Wesley)
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Filing 18
ORDER: It is hereby ORDERED that all parties appear for a conference with the Court on January 10, 2022, at 10:15 a.m. regarding Plaintiffs motion for a temporary restraining order and preliminary injunction, see ECF No. 11. The conference will be held 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.... Plaintiffs shall immediately serve a copy of this Order on Defendant by emailing Defendants legal department and outside counsel, as stated in Plaintiffs' January 6, 2022 letter. SEE ORDER. (Signed by Judge Jesse M. Furman on 1/7/2022) (ab)
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***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #20 Proposed Temporary Restraining Order was reviewed and approved as to form. (km)
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Filing 17
AFFIDAVIT OF SERVICE of Order (ECF Doc. 10); Individual Rules and Practices served on Counsel for Lomeway E-Commerce (Luxembourg) Ltd. on 1/6/22. Document filed by HVN Clothing, Inc., Harley Viera-Newton..(Mullen, Wesley)
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Filing 16
LETTER addressed to Judge Jesse M. Furman from Wesley M. Mullen dated January 6, 2021 re: Cover Letter to Plaintiffs' Motion for TRO and Preliminary Injunction (ECF Doc. 11). Document filed by HVN Clothing, Inc., Harley Viera-Newton..(Mullen, Wesley)
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Filing 15
DECLARATION of Wesley M. Mullen in Support re: #11 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by HVN Clothing, Inc., Harley Viera-Newton. (Attachments: #1 Exhibit 1 - 11/17/21 Hr'g Tr. (Related Shein Action), #2 Exhibit 2 - 11/17/21 Injunction (Related Shein Action), #3 Exhibit 3 - 12/24/21 Cease and Desist Letter, #4 Exhibit 4 - 12/28/21 Email from Zaful to Pls' Counsel, #5 Exhibit 5 - 12/29/21 Email from Pls.' Counsel to Zaful, #6 Exhibit 6 - 12/30/21 Email from Def's Counsel to Pls' Counsel, #7 Exhibit 7 - 12/30/21 Email from Pls' Counsel to Def's Counsel, #8 Exhibit 8 - 1/3/22 Email from Pls' Counsel to Def's Counsel, #9 Exhibit 9 - 1/4/22 Email from Pls' Counsel to Def's Counsel, #10 Exhibit 10 - 1/4/22 Email from Pls' Counsel to Def's Counsel, #11 Exhibit 11 - 1/5/22 Email from Defendant to Pls' Counsel, #12 Exhibit 12 - 1/5/22 Email from Pls' Counsel to Defendant, #13 Exhibit 13 - 1/6/22 Notice Email from Pls' Counsel to Def's Counsel, #14 Exhibit 14 - 1/5/22 Letter from Agent for Service of Process, #15 Exhibit 15 - Defendant Terms of Use).(Mullen, Wesley)
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Filing 14
DECLARATION of Alleine Castro in Support re: #11 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by HVN Clothing, Inc., Harley Viera-Newton. (Attachments: #1 Exhibit 1 - 12/24/21 Cease and Desist Letter, #2 Exhibit 2 - Defendant's Website Depicting Counterfeit Goods, #3 Exhibit 3 - Order Confirmation, #4 Exhibit 4 - Shipping Label, #5 Exhibit 5 - Photograph of Counterfeit Goods, #6 Exhibit 6 - Photograph of Counterfeit Goods).(Mullen, Wesley)
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Filing 13
DECLARATION of Harley Viera-Newton in Support re: #11 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by HVN Clothing, Inc., Harley Viera-Newton. (Attachments: #1 Exhibit 1 - HVN Mark - Certificate of Trademark Registration, #2 Exhibit 2 - HVN Cherry Print - Certificate of Copyright Registration).(Mullen, Wesley)
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Filing 12
MEMORANDUM OF LAW in Support re: #11 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . . Document filed by HVN Clothing, Inc., Harley Viera-Newton..(Mullen, Wesley)
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Filing 11
MOTION for Temporary Restraining Order ., 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.)
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Filing 10
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/7/2022 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/6/2022) (ks)
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CASE DECLINED AS NOT RELATED. Case referred as related to 1:21-cv-08852-GHW-KHP and declined by Judge Gregory Woods and returned to wheel for assignment. (aea)
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NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (aea)
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Magistrate Judge Sarah L. Cave 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. (aea)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)
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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..(sj)
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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)..(sj)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Lomeway E-Commerce (Luxembourg) Limited..(sj)
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Case Designated ECF. (sj)
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CASE REFERRED TO Judge Gregory H. Woods as possibly related to 1:21cv8852. (sj)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Lomeway E-Commerce (Luxembourg) Ltd., re: #1 Complaint,. Document filed by HVN Clothing, Inc., Harley Viera-Newton..(Mullen, Wesley)
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Filing 5
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Mullen, Wesley)
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Filing 4
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Mullen, Wesley)
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Filing 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-8852 (GHW). Document filed by HVN Clothing, Inc., Harley Viera-Newton..(Mullen, Wesley)
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Filing 2
CIVIL COVER SHEET filed..(Mullen, Wesley)
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Filing 1
COMPLAINT against Lomeway E-Commerce (Luxembourg) Limited. (Filing Fee $ 402.00, Receipt Number ANYSDC-25533949)Document filed by HVN Clothing, Inc., Harley Viera-Newton. (Attachments: #1 Exhibit 1 - Zaful Website Offering Counterfeit HVN Goods).(Mullen, Wesley)
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