Telebrands Corp. v. Shenzhen Yitai Technology Co., Ltd.
| Telebrands Corp. |
| Shenzhen Yitai Technology Co., Ltd. doing business as Kesida doing business as yitai-us |
| 1:2022cv00904 |
| February 2, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Trademark |
| 15 U.S.C. § 1125 la Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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Filing 26
ORDER: It is hereby ORDERED that the initial conference scheduled for April 27, 2022, is ADJOURNED sine die. It is further ORDERED that, by April 5, 2022, Plaintiff shall file default judgment materials pursuant to Attachment A of this Court's Individual Rules. It is further ORDERED that, by April 7, 2022, Plaintiff shall provide, by Federal Express or other overnight delivery, Defendant with a copy of this Order, any materials filed in support of Plaintiff's default judgment motion and shall file proof of service. It is further ORDERED that, by April 14, 2022, Defendant shall file any response. It is further ORDERED that the parties shall appear before the Honorable Lorna G. Schofield at conference line 888-363-4749, access code 558-3333 on April 20, 2022, at 4:10 p.m., and Defendant shall show cause why a default judgment should not be entered in favor of Plaintiff. Defendant is advised that failure to respond to the Order to Show Cause may be grounds for granting a default judgment against Defendant. (Motions due by 4/5/2022., Responses due by 4/14/2022, Telephone Conference set for 4/20/2022 at 04:10 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 3/28/2022) (jca)
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| Filing 25 AFFIDAVIT OF SERVICE of Initial Conference Order and Court's Individual Rules served on Shenzhen Yitai Technology Co., Ltd. d/b/a Kesida d/b/a yitai-us on March 21, 2022. Document filed by Telebrands Corp...(Brownlee, Kerry) |
| Filing 24 CLERK'S CERTIFICATE OF DEFAULT as to Shenzhen Yitai Technology Co., Ltd.(km) |
| Filing 23 DECLARATION of Kerry B. Brownlee in Support re: #22 Proposed Clerk's Certificate of Default. Document filed by Telebrands Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Brownlee, Kerry) |
| Filing 22 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Telebrands Corp...(Brownlee, Kerry) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/17/2022 (km). |
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Filing 21
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on April 27, 2022 at 4:10p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time, as further set forth. DATE AND TIME OF TELEPHONIC CONFERENCE: April 27, 2022 at 4:10p.m. IPTC MATERIALS DUE: April 20, 2022 at noon. Initial Conference set for 4/27/2022 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/16/2022) (mml)
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| Filing 20 CERTIFICATE OF SERVICE of Preliminary Injunction Order served on Shenzhen Yitai Technology Co., Ltd. d/b/a Kesida d/b/a yitai-us on February 24, 2022. Document filed by Telebrands Corp...(Brownlee, Kerry) |
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Filing 19
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. a)Accordingly, Defendant is 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: manufacturing, importing, exporting, advertising, marketing, promoting,distributing, displaying, offering for sale, selling and/or otherwise dealing in the Infringing Products; ii.directly or indirectly infringing in any manner Plaintiff's Ruby Sliders Trade Dress; iii.using Plaintiff's Ruby Sliders Trade Dress or any other marks that are confusingly similar thereto on or in connection with Defendant's Merchant Storefronts and/or Defendant's importation, exportation, advertising,marketing, promoting, distribution, display, offering for sale, sale and/or otherwise dealing in Infringing Products and as further set forth in this Order. Accordingly, the Third Party Service Providers are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or until further order of the Court: i.secreting, concealing, destroying, altering, selling off, transferring or otherwise disposing of and/or dealing with any computer files, data, business records,documents or any other records or evidence relating to Defendant's User Accounts and Merchant Storefronts; ii.providing services to Defendant, including, without limitation, those relating to the continued operation of Defendant's User Accounts and Merchant Storefronts, and the shipment of Defendant's Infringing Products; and as further set forth in this Order. Within fourteen (14) days of receipt of service of this Order, the Third Party Service Providers shall provide to Plaintiff's counsel all documents and records in their possession,custody or control (whether located in the U.S. or abroad) relating to Defendant's User Accounts and Defendant's Merchant Storefronts, including, but not limited to, documents and records relating to any and all User Accounts and Defendant's Merchant Storefronts and account details,including, without limitation, identifying information and account numbers for any and all User Accounts and Defendant's Merchant Storefronts that Defendant has ever had and/or currently maintains with the Third Party Service Providers; b)the identities, location and contact information, including any and all e-mail addresses of Defendant; and as further set forth in this Order. The $5,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. This Order shall remain in effect during the pendency of this action, or until further order of the Court. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/23/22) (yv) Transmission to Finance Unit (Cashiers) for processing.
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 2/23/2022. Defendant failed to appear for this conference. (jcs) |
| Filing 18 PROPOSED ORDER. Document filed by Telebrands Corp.. Related Document Number: #16 ..(Brownlee, Kerry) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #18 Proposed Order was reviewed and approved as to form. (km) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint,. Shenzhen Yitai Technology Co., Ltd. served on 2/11/2022, answer due 3/4/2022. Document filed by Telebrands Corp...(Brownlee, Kerry) |
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Filing 16
1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING DEFENDANT'S MERCHANT STOREFRONTS; 3) ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING ALTERNATIVE SERVICE; AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY: Based on the foregoing findings of fact and conclusions of law, Plaintiff's Application is hereby GRANTED as follows: IT IS HEREBY ORDERED, as sufficient cause has been shown, that Defendant is hereby restrained and enjoined from engaging in any of the following acts or omissions for fourteen (14) days from the date of this Order, and for such further period as may be provided by order of this Court: manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in the Infringing Products, as further set forth herein. Defendant shall show cause as to why a preliminary injunction, pursuant to Fed. R.Civ. P. 65(a), should not issue. The hearing will be conducted on conference line 888-363-4749, access 558-3333. 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 60 East 42nd Street, Suite 2520, New York, NY 10165, Attn: Jason M. Drangel on or before 2/15/2022. No reply shall be filed at this time, as further set forth herein. IT IS FURTHER ORDERED that Plaintiff shall place security in the amount of $5,000 Dollars (USD 5,000) 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. (Show Cause Response due by 2/15/2022. Telephone Conference set for 2/23/2022 at 04:10 PM before Judge Lorna G. Schofield.) Motions terminated: #9 EMERGENCY MOTION for Temporary Restraining Order filed by Telebrands Corp. (Signed by Judge Lorna G. Schofield on 2/8/2022) (mml) Transmission to Finance Unit (Cashiers) for processing.
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Oral Argument held on 2/8/2022 re: #9 EMERGENCY MOTION for Temporary Restraining Order . filed by Telebrands Corp. (Court Reporter Present) (jcs) |
| Filing 15 LETTER addressed to Judge Lorna G. Schofield from Kerry B. Brownlee dated February 7, 2022 re: Request to Appear at the February 8, 2022 Hearing by Phone. Document filed by Telebrands Corp...(Brownlee, Kerry) |
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Filing 14
ORDER: It is hereby ORDERED that Plaintiff shall appear for oral argument on the motion on February 8, 2022, at 11:45 a.m. The parties shall appear in Courtroom 1106 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. Oral Argument set for 2/8/2022 at 11:45 AM in Courtroom 1106, Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 2/7/2022) (mml)
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| Filing 13 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Telebrands Corp.. Related Document Number: #9 ..(Brownlee, Kerry) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 12 DECLARATION of Jason M. Drangel in Support re: #9 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Telebrands Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Brownlee, Kerry) |
| Filing 11 DECLARATION of Bala Iyer in Support re: #9 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Telebrands Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Brownlee, Kerry) |
| Filing 10 MEMORANDUM OF LAW in Support re: #9 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Telebrands Corp...(Brownlee, Kerry) |
| Filing 9 EMERGENCY MOTION for Temporary Restraining Order . Document filed by Telebrands Corp...(Brownlee, Kerry) (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. #13 Proposed Temporary Restraining Order was reviewed and approved as to form. (dt) |
| 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). (vf) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Shenzhen Yitai Technology Co., Ltd. (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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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) |
| Case Designated ECF. (vf) |
| Filing 6 NOTICE OF APPEARANCE by Jason M. Drangel on behalf of Telebrands Corp...(Drangel, Jason) |
| Filing 5 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Brownlee, Kerry) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Shenzhen Yitai Technology Co., Ltd. d/b/a Kesida d/b/a yitai-us, re: #1 Complaint,. Document filed by Telebrands Corp...(Brownlee, Kerry) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Telebrands Corp...(Brownlee, Kerry) |
| Filing 2 CIVIL COVER SHEET filed..(Brownlee, Kerry) |
| Filing 1 COMPLAINT against Shenzhen Yitai Technology Co., Ltd.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25675200)Document filed by Telebrands Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Brownlee, Kerry) |
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| Plaintiff: Telebrands Corp. | |
| Represented By: | Jason M. Drangel |
| Represented By: | Kerry Brenae Brownlee |
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| Defendant: Shenzhen Yitai Technology Co., Ltd. doing business as Kesida doing business as yitai-us | |
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