Telebrands Corp. v. Hefei Mikede Magnetic Power Co., Ltd.
| Telebrands Corp. |
| Hefei Mikede Magnetic Power Co., Ltd. d/b/a NEOACT |
| 1:2022cv02922 |
| April 8, 2022 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Trademark |
| 15 U.S.C. § 1125 la Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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Filing 25
MEMO ENDORSEMENT on re: #24 Letter filed by Telebrands Corp. ENDORSEMENT: The Court grants the extension request. If Plaintiff has not filed a notice of dismissal by July 16, 2022, then Plaintiff shall file a status letter by that date. SO ORDERED. (Signed by Judge John P. Cronan on 5/16/2022) (jca)
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| Filing 24 LETTER addressed to Judge John P. Cronan from Danielle S. Futterman dated May 13, 2022 re: Status Letter. Document filed by Telebrands Corp...(Futterman, Danielle) |
| Filing 23 AFFIDAVIT OF SERVICE. Document filed by Telebrands Corp...(Futterman, Danielle) |
| Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on April 26, 2022. Plaintiff appeared, but Defendant did not appear. For the reasons stated on the record, the Court found that Plaintiff satisfied the standards for a preliminary injunction under Federal Rule of Civil Procedure 65(a). The Court will separately enter a preliminary injunction order. If Defendant has not appeared and answered the Complaint by May 13, 2022, then Plaintiff shall file a status letter by that date. (Court Reporter Martha Martin) (mhe) |
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Filing 22
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. 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. Defendant may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by the Court. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 4/26/2022) (jca) Transmission to Finance Unit (Cashiers) for processing. Modified on 5/2/2022 (jca).
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| Filing 21 PROPOSED ORDER. Document filed by Telebrands Corp...(Futterman, Danielle) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #21 Proposed Order was reviewed and approved as to form. (tp) |
| Filing 20 AFFIDAVIT OF SERVICE. Hefei Mikede Magnetic Power Co., Ltd. d/b/a NEOACT served on 4/15/2022, answer due 5/6/2022. Document filed by Telebrands Corp...(Futterman, Danielle) |
| Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on April 14, 2022. Plaintiff appeared, but Defendant did not appear. For the reasons stated on the record, the Court found that Plaintiff satisfied the standards for a temporary restraining order under Federal Rule of Civil Procedure 65(b). The Court will separately enter a temporary restraining order. Defendant shall appear before this Court for a teleconference on April 26, 2022 at 5:00 p.m. to show cause why a preliminary injunction, pursuant to Federal Rule of Civil Procedure 65(a), should not issue. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. (Court Reporter Eve Giniger). (mhe) |
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Filing 19
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. A. Defendant is hereby ORDERED to show cause before this Court in a teleconference on April 26, 2022, 5:00 p.m. or at such other time that this Court deems appropriate, why a preliminary injunction, pursuant to Federal Rule of Civil Procedure 65(a), should not issue. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. B. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed electronically with the Court and served on Plaintiff's 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 April 24, 2022. Plaintiff shall file any Reply papers on or before April 25, 2022. IT IS FURTHER ORDERED that Plaintiff shall place security in the amount of $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. (And as further set forth herein.) SO ORDERED. Motions terminated: #11 EMERGENCY MOTION for Temporary Restraining Order . filed by Telebrands Corp.. (Signed by Judge John P. Cronan on 4/14/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
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Filing 18
ORDER: Defendant shall appear before this Court for a teleconference on April 26, 2022 at 5:00 p.m. to show cause why a preliminary injunction, pursuant to Federal Rule of Civil Procedure 65(a), should not issue. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Plaintiff shall file its papers for a preliminary injunction by April 21, 2022. Defendant shall file any opposition by April 24, 2022. Plaintiff may file a reply, if any, by April 25, 2022. Plaintiff shall immediately serve this order on Defendant and file proof of service on the docket by April 15, 2022. SO ORDERED. (Motions due by 4/21/2022., Responses due by 4/24/2022, Replies due by 4/25/2022., Telephone Conference set for 4/26/2022 at 05:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 4/14/2022) (jca)
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| Filing 17 AFFIDAVIT OF SERVICE. Document filed by Telebrands Corp.. (Attachments: #1 Exhibit A).(Futterman, Danielle) |
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Filing 16
ORDER Moreover, again assuming that Plaintiff does not file the aforementioned submission by 8:00 p.m. this evening, or otherwise does not make the necessary showing for ex parte relief, Plaintiff shall immediately serve a copy of this Order, along with the Complaint, Dkt. 1, and the papers in support of its motion for a TRO, including the motion, Dkt. 11, the memorandum of law in support, Dkt. 12, the declarations from Bala Iyer and Danielle S. Futterman, Dkts. 13-14, and the proposed TRO, Dkt. 15, on Defendant through the alternative service methods outlined in its Proposed TRO. See Dkt. 15 at 6-7. In such case, Plaintiff shall file proof of service on the docket by April 13, 2022. (Signed by Judge John P. Cronan on 4/12/2022) (mhe)
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| Filing 15 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Telebrands Corp.. Related Document Number: #11 ..(Futterman, Danielle) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 14 DECLARATION of Danielle S. Futterman in Support re: #11 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Telebrands Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Futterman, Danielle) |
| Filing 13 DECLARATION of Bala Iyer in Support re: #11 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Telebrands Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Futterman, Danielle) |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Telebrands Corp...(Futterman, Danielle) |
| Filing 11 EMERGENCY MOTION for Temporary Restraining Order . Document filed by Telebrands Corp...(Futterman, Danielle) (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. #15 Proposed Temporary Restraining Order was reviewed and approved as to form. (nd) |
| 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)..(pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Hefei Mikede Magnetic Power Co., Ltd. d/b/a NEOACT..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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) |
| Magistrate Judge Katharine H. Parker 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) |
| Case Designated ECF. (pc) |
| Filing 8 NOTICE OF APPEARANCE by Kerry Brenae Brownlee on behalf of Telebrands Corp...(Brownlee, Kerry) |
| Filing 7 NOTICE OF APPEARANCE by Ashly Erin Sands on behalf of Telebrands Corp...(Sands, Ashly) |
| Filing 6 NOTICE OF APPEARANCE by Danielle S. Futterman on behalf of Telebrands Corp...(Futterman, Danielle) |
| Filing 5 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Futterman, Danielle) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Hefei Mikede Magnetic Power Co., Ltd. d/b/a NEOACT, re: #1 Complaint,. Document filed by Telebrands Corp...(Futterman, Danielle) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Telebrands Corp...(Futterman, Danielle) |
| Filing 2 CIVIL COVER SHEET filed..(Futterman, Danielle) |
| Filing 1 COMPLAINT against Hefei Mikede Magnetic Power Co., Ltd. d/b/a NEOACT. (Filing Fee $ 402.00, Receipt Number ANYSDC-25980831)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) |
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