Roku Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto
| Roku Inc. |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto, Jilin Longtang Dianli Co. Ltd, tv_lamps_canada (220), tv_parts_canada (221), MBM-Chip Store, remo_lt (218) and JOY TOMMY (192) |
| 1:2022cv02168 |
| March 16, 2022 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #35 Notice of Voluntary Dismissal, was reviewed and referred to Judge P. Kevin Castel 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. (tp) |
| Filing 35 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, against the defendant(s) JOY TOMMY (192). Document filed by Roku Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Tom, Christopher) |
| Filing 34 NOTICE of Stipulation Regarding Asset Restraint For Defendant MBM-Chip Store. Document filed by Roku Inc...(Tom, Christopher) |
Filing 33
ORDER granting #30 Motion for Harry J. Moren to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #32 Notice of Voluntary Dismissal, was reviewed and referred to Judge P. Kevin Castel 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. (tp) |
| Filing 32 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, against the defendant(s) remo_lt (218). Document filed by Roku Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Tom, Christopher) |
| Filing 31 NOTICE OF APPEARANCE by Shengmao Mu on behalf of MBM-Chip Store..(Mu, Shengmao) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Harry J. Moren to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26062544. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 30 MOTION for Harry J. Moren to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26062544. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Roku Inc.. (Attachments: #1 Affidavit of Harry Moren, #2 Exhibit 2 (Certificate of Good Standing), #3 Exhibit 3 (Text of Proposed Pro Hac Vice Order)).(Moren, Harry) |
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Filing 29
ORDER: granting #28 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/25/2022) (ama)
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| Set/Reset Deadlines: Jilin Longtang Dianli Co. Ltd answer due 5/25/2022. (ama) |
| Filing 28 LETTER MOTION for Extension of Time to respond to Complaint addressed to Judge P. Kevin Castel from Heng Wang/Defense Counsel dated 04/22/2022. Document filed by Jilin Longtang Dianli Co. Ltd..(Wang, Heng) |
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Filing 27
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff Roku Inc. voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice: tv_lamps_canada (220) and tv_parts_canada (221) terminated. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/19/2022) (ama)
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Filing 26
STIPULATION AND ORDER REGARDING INJUNCTION HEARING SCHEDULED FOR APRIL 14, 2022: NOW THEREFORE, the Parties below hereby stipulate and agree as follows: Plaintiff agrees to notify Amazon, by close of business on April 8, 2022, that the current restraints on Gvirtue's Amazon account shall be released upon entry of this stipulation, and provide Gvirtue with proof of its such communication with Amazon. Plaintiff withdraws its request for a prelimimuy injunction with respect to Gvirtue without prejudice and will not seek to extend any restraints against Gvirtue at the April 14, 2022, hearing; Plaintiff continues to seek a preliminary injunction with respect to all other Defendants in the above-captioned lawsuit; Plaintiff and Gvirtue agree that Plaintiff may renew their request for a preliminary injunction against Gvirtue in the event such relief becomes necessary in Plaintiff's view; and Gvirtue has not waived any objection or defense, including defenses under Federal Rule of Civil Procedure 12(b), by entering into this stipulation. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/19/2022) (ama) Modified on 4/19/2022 (ama). Modified on 4/19/2022 (ama).
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Filing 25
PRELIMINARY INJUNCTION ORDER: THE COURT having reviewed the papers in support of and no papers have been filed in opposition to the Application and there being no appearance by any defendant at the pending injunction hearing on April 19, 2022 in Courtroom 11D. NOW THEREFORE, on this 19th day of April, 2022, this Court ORDERS that: PI 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 temporarily enjoined and restrained from: As set forth herein. Plaintiff's Schedule A to the Complaint, Exhibit 2 to the Declaration of Karina Levitian and the TRO shall become unsealed. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two days' notice to Plaintiff or on shorter notice as set by this Court. 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., ( Show Cause Hearing set for 4/19/2022 at 11:00 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 4/19/2022) (ama)
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| Minute Entry for proceedings held before Judge P. Kevin Castel: Show Cause Hearing held on 4/19/2022. Appearing for plaintiff: Christopher Tom. No appearance for defendants. Preliminary Injunction granted. On or before June 24, 2022, plaintiff shall file status report that includes next steps to bring action to conclusion. See transcripts. (Court Reporter Alena Lynch) (Nacanther, Florence) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #24 Notice of Voluntary Dismissal, was reviewed and referred to Judge P. Kevin Castel 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. (tp) |
| Filing 24 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, against the defendant(s) tv_lamps_canada (220), tv_parts_canada (221). Document filed by Roku Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Tom, Christopher) |
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Filing 23
MEMO ENDORSEMENT on re: #21 Letter filed by Roku Inc. ENDORSEMENT: Application DENIED. Hearing adjourned from April 14, 2022 to April 19, 2022 at 11:00 a.m. in Courtroom 11D. SO ORDERED. ( Show Cause Hearing set for 4/19/2022 at 11:00 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 4/8/2022) (va)
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| Filing 22 PROPOSED STIPULATION AND ORDER. Document filed by Jilin Longtang Dianli Co. Ltd..(Wang, Heng) |
| Filing 21 LETTER addressed to Judge P. Kevin Castel from Christopher Tom dated April 7, 2022 re: April 14, 2022 Hearing. Document filed by Roku Inc...(Tom, Christopher) |
| Filing 20 NOTICE OF APPEARANCE by Heng Wang on behalf of Jilin Longtang Dianli Co. Ltd..(Wang, Heng) |
| Filing 19 SUMMONS RETURNED EXECUTED Summons and Complaint, served. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto served on 4/4/2022, answer due 4/25/2022. Document filed by Roku Inc...(Tom, Christopher) |
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Filing 18
MEMO ENDORSEMENT on re: #17 Letter filed by Roku Inc. ENDORSEMENT: Application GRANTED. Preliminary injunction hearing is adjourned to April 14, 2022 at 2 PM in Courtroom 11D, 500 Pearl St. SO ORDERED. ( Show Cause Response due by 4/8/2022., Show Cause Hearing set for 4/14/2022 at 2:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/25/2022) (vfr)
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| Filing 17 LETTER addressed to Judge P. Kevin Castel from Christopher Tom dated March 24, 2022 re: Adjournment of Preliminary Injunction Hearing. Document filed by Roku Inc...(Tom, Christopher) |
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Filing 16
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: Based on the foregoing findings of fact and conclusions of law, 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: As set forth herein. Plaintiff shall deposit with the Court Five Thousand Dollars ($5,000.00), either cash, cashier's 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 and Exhibit 2 to the Declaration of Karina Levitian shall remain sealed until Defendants' financial accounts and assets are restrained. Plaintiff shall file unsealed versions of Schedule A to the Complaint and Exhibit 2 to the Declaration of Karina Levitian using the CM/ECF system prior to the expiration of this Order. IT IS FURTHER ORDERED that a hearing shall be held on March 31, 2022 at 2:30 p.m. which Plaintiff may present its arguments in support of its request for issuance of a preliminary injunction. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed on ECF on or before March 25, 2022 at 5 p.m. And as set forth herein. ( Show Cause Hearing set for 3/31/2022 at 02:30 PM before Judge P. Kevin Castel., Show Cause Response due by 3/25/2022.), Motions terminated: #9 MOTION to Seal Schedule A to Complaint and Exhibit 2 to Levitian Declaration filed by Roku Inc. (Signed by Judge P. Kevin Castel on 3/16/2022) (ama) Modified on 3/17/2022 (ama).
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| Filing 15 ***EX-PARTE***REDACTION to #8 Declaration in Support , Exhibit 2 (Part 3) by Roku Inc. (Attachments: #1 Def 201, #2 Def 202, #3 Def 203, #4 Def 204, #5 Def 205, #6 Def 206, #7 Def 207, #8 Def 208, #9 Def 209, #10 Def 210, #11 Def 211, #12 Def 212, #13 Def 213, #14 Def 214, #15 Def 215, #16 Def 216, #17 Def 217, #18 Def 218, #19 Def 219, #20 Def 220, #21 Def 221, #22 Def 222, #23 Def 223, #24 Def 224, #25 Def 225, #26 Def 226, #27 Def 227, #28 Def 228, #29 Def 229, #30 Def 230, #31 Def 231, #32 Def 232, #33 Def 233, #34 Def 234, #35 Def 235, #36 Def 236, #37 Def 237, #38 Def 238, #39 Def 239, #40 Def 240, #41 Def 241, #42 Def 242, #43 Def 243, #44 Def 244, #45 Def 245, #46 Def 246, #47 Def 247, #48 Def 248)Motion or Order to File Under Seal: #9 .(Yellin, Michael) |
| Filing 14 ***EX-PARTE***REDACTION to #8 Declaration in Support , Exhibit 2 (Part 2) by Roku Inc. (Attachments: #1 Def 102, #2 Def 103, #3 Def 104, #4 Def 105, #5 Def 106, #6 Def 107, #7 Def 108, #8 Def 109, #9 Def 110, #10 Def 111, #11 Def 112, #12 Def 113, #13 Def 114, #14 Def 115, #15 Def 116, #16 Def 117, #17 Def 118, #18 Def 119, #19 Def 120, #20 Def 121, #21 Def 122, #22 Def 123 part a, #23 Def 123 part b, #24 Def 124, #25 Def 125, #26 Def 126, #27 Def 127, #28 Def 128, #29 Def 129, #30 Def 130, #31 Def 131, #32 Def 132, #33 Def 133, #34 Def 134, #35 Def 135, #36 Def 136, #37 Def 137, #38 Def 138, #39 Def 139, #40 Def 140, #41 Def 141, #42 Def 142, #43 Def 143, #44 Def 144, #45 Def 145, #46 Def 146, #47 Def 147, #48 Def 148, #49 Def 149, #50 Def 150, #51 Def 151, #52 Def 152, #53 Def 153, #54 Def 154, #55 Def 155, #56 Def 156, #57 Def 157, #58 Def 158, #59 Def 159, #60 Def 160, #61 Def 161, #62 Def 162, #63 Def 163, #64 Def 164 part a, #65 Def 164 part b, #66 Def 164 part c, #67 Def 165, #68 Def 166, #69 Def 167, #70 Def 168, #71 Def 169, #72 Def 170, #73 Def 171, #74 Def 172, #75 Def 173, #76 Def 174, #77 Def 175, #78 Def 176, #79 Def 177, #80 Def 178, #81 Def 179, #82 Def 180, #83 Def 181, #84 Def 182, #85 Def 183, #86 Def 184, #87 Def 185, #88 Def 186, #89 Def 187, #90 Def 188, #91 Def 189, #92 Def 190, #93 Def 191, #94 Def 192, #95 Def 193, #96 Def 194, #97 Def 195, #98 Def 196, #99 Def 197, #100 Def 198, #101 Def 199)Motion or Order to File Under Seal: #9 .(Yellin, Michael) |
| Filing 13 NOTICE OF APPEARANCE by Christopher Tom on behalf of Roku Inc...(Tom, Christopher) |
| Filing 12 ***EX-PARTE***REDACTION to #8 Declaration in Support , Exhibit (Part 1) by Roku Inc. (Attachments: #1 Def 2, #2 Def 3, #3 Def 4, #4 Def 5, #5 Def 6, #6 Def 7, #7 Def 8, #8 Def 9, #9 Def 10, #10 Def 11, #11 Def 12, #12 Def 13, #13 Def 14, #14 Def 15, #15 Def 16, #16 Def 17, #17 Def 18, #18 Def 19, #19 Def 20, #20 Def 21, #21 Def 22, #22 Def 23, #23 Def 24, #24 Def 25, #25 Def 26, #26 Def 27, #27 Def 28, #28 Def 29, #29 Def 30, #30 Def 31, #31 Def 32, #32 Def 33, #33 Def 34, #34 Def 35, #35 Def 36, #36 Def 37, #37 Def 38, #38 Def 39, #39 Def 40, #40 Def 41, #41 Def 42, #42 Def 43, #43 Def 44, #44 Def 45, #45 Def 46, #46 Def 47, #47 Def 48, #48 Def 49, #49 Def 50, #50 Def 51, #51 Def 52, #52 Def 53, #53 Def 54, #54 Def 55, #55 Def 56, #56 Def 57, #57 Def 58, #58 Def 59, #59 Def 60, #60 Def 61, #61 Def 62, #62 Def 63, #63 Def 64, #64 Def 65, #65 Def 66, #66 Def 67, #67 Def 68, #68 Def 69, #69 Def 70, #70 Def 71, #71 Def 72, #72 Def 73, #73 Def 74, #74 Def 75, #75 Def 76, #76 Def 77, #77 Def 78, #78 Def 79, #79 Def 80, #80 Def 81, #81 Def 82, #82 Def 83, #83 Def 84, #84 Def 85, #85 Def 86, #86 Def 87, #87 Def 88, #88 Def 89, #89 Def 90, #90 Def 91, #91 Def 92, #92 Def 93, #93 Def 94, #94 Def 95, #95 Def 96, #96 Def 97, #97 Def 98, #98 Def 99, #99 Def 100)Motion or Order to File Under Seal: #9 .(Yellin, Michael) |
| Filing 11 ***EX-PARTE***REDACTION to #1 Complaint, Schedule A by Roku Inc.Motion or Order to File Under Seal: #9 .(Yellin, Michael) |
| Filing 10 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)..(gp) |
| Filing 9 MOTION to Seal Schedule A to Complaint and Exhibit 2 to Levitian Declaration. Document filed by Roku Inc...(Yellin, Michael) |
| Filing 8 DECLARATION of Karina Levitian in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Roku Inc.. (Attachments: #1 Exhibit 1 (Trademark Registrations)).(Yellin, Michael) |
| Filing 7 DECLARATION of Michael R. Yellin in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Roku 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) |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Roku Inc...(Yellin, Michael) |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Roku Inc.. Related Document Number: #1 ..(Yellin, Michael) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Yellin, Michael) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Roku Inc...(Yellin, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Yellin, Michael) |
| 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-25868124)Document filed by Roku Inc.. (Attachments: #1 Exhibit 1 (Trademark Registrations)).(Yellin, Michael) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd) |
| Case Designated ECF. (gp) |
| 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. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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..(gp) |
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