HTT Group LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unicorporated Associations Identified on Schedule A to the Complaint
| HTT Group LLC |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unicorporated Associations Identified on Schedule A to the Complaint, yipbromotoparts, cheetahparts8, xibromotor, darkmoto, care4umotorparts, cavaliershield, uska-bro, morenplusmotor, Aftermarket-Motor-Parts Store, Older Father Motor Parts Store, Tiger Motor, KBMamba Motor Store, Motorcycle lover shopping mall, iMaxmotor Store, Up Motor 1988 Store, dklamotor and laaftermarketparts |
| 1:2022cv04206 |
| May 23, 2022 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on August 15, 2022. A more recent docket listing may be available from PACER.
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Filing 48
PRELIMINARY INJUNCTION ORDER terminating #1 Motion to Seal. NOW THEREFORE, on this twentieth day of July, 2022, this Court ORDERS that: 1. PI Defendants, their affiliates, officers, agents, servants, employees, attorneys, and all persons acting for, with, by, through, under or in active concert with them, are enjoined and restrained from engaging in any of the following conduct through the pendency of this litigation as referenced below: a. Using the HTTMT Trademark or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any Counterfeit Products; as further set forth herein. 2. Within five (5) days of receipt of this Order, eBay.com, Aliexpress.com, and Amazon.com are directed to: a. disable and cease providing services for any User Accounts through which Defendants engage in the sale of Counterfeit Products, including any User Accounts associated with the Defendants listed on Amended Schedule A to the Amended Complaint (which is also attached hereto), insofar as they relate to Defendants' infringing listings and offering for sale and/or sale of Counterfeit Products; as further set forth herein. 3. Pursuant to Fed. R. Civ. P. 64 and 65, as well as C.P.L.R. 6201, and this Court's inherent equitable power to issue provisional remedies ancillary to its authority to provide final equitable relief, as sufficient cause has been shown, that within five (5) days of receipt of service of this Order, that (i) Amazon, (ii) PayPal, Inc. ("PayPal"), (iii) Payoneer, Inc ("Payoneer"), (iv) Ping Pong Global Solutions Inc ("Ping Pong"), (v) Coinbase Global, Inc ("Coinbase"), (vi) eBay, and (vii) other payment processing service providers (collectively referred to as the "Financial Institutions") shall locate all accounts associated with PI Defendants (the "PI Defendants' Accounts") and other assets belonging to Defendants, including any cryptocurrency (the "PI Defendants' Assets") and shall locate, attach, and restrain the transfer or disposing of monies or funds from Defendants' Accounts, as well as the transfer or disposing of Defendants' Assets, until further ordered by this Court. The Financial Institutions shall provide written confirmation of their compliance with the foregoing to Plaintiff's counsel. 4. Within five (5) days of receipt of service of this Order, the Financial Institutions, including Aliexpress, Amazon and eBay in their capacities as online marketplace platforms, shall provide the following information to Plaintiff's counsel (to the extent such information is in the Financial Institutions' possession, custody, or control): as further set forth herein. 5. Pursuant to Fed. R. Civ. P. 4(f)(3), as sufficient cause has been shown, that service of this Order and the Amended Summons and Amended Complaint may be made on, and shall be deemed effective as to Defendants if it is completed by the following means: a. Delivery of: (i) PDF copies of this Order together with the Amended Summons and Amended Complaint; or (ii) a link to a website where each Defendant will be able to download PDF copies of this Order together with the Amended Summons and Amended Complaint, and all papers filed in support of Plaintiff's Application (the "Link") to Defendants' e-mail addresses as provided by the Financial Institutions. b. Or requesting that the Financial Institutions cause Defendants' online marketplace website(s) to redirect to the Link. 6. Such alternative service, as set forth above, shall be made within five (5) days of the Financial Institutions' compliance with Paragraphs 3 and 4 of this Order. 7. Plaintiff shall file unsealed versions of Amended Schedule A to the Amended Complaint and Amended Exhibit 2 to Yan Declaration using the CM/ECF system prior to the expiration of this Order. 8. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by this Court. 9. The five thousand dollars ($5,000) bond posted by Plaintiff shall remain with Court until a final disposition of this case or until this Preliminary Injunction terminates. ( As further set forth in this Order.) (Signed by Judge Lewis J. Liman on 7/20/2022) (vfr) Transmission to Finance Unit (Cashiers) for processing.
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Filing 47
ELECTRONIC AMENDED SUMMONS ISSUED as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unicorporated Associations Identified on Schedule A to the Complaint..(pc)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #46 Proposed Order was reviewed and approved as to form. (km)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Show Cause Hearing held on 7/13/2022 in re: Plaintiff's Motion for a Preliminary Injunction and Temporary Restraining Order. Shengmao Mu and Alan Sack present by telephone for Plaintiff. No counsel appeared on behalf of Defendants at the conference. Court reporter present by telephone. The Court grants Plaintiff's motion for a Preliminary Injunction. Plaintiff to submit form of PI that will convert TRO into a PI. Plaintiff to file its motion for default judgment by August 12, 2022. Default Judgment Hearing set for September 7, 2022 at 11:00AM before Judge Lewis J. Liman. (mf)
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Set/Reset Hearings: Telephone Conference set for 9/7/2022 at 11:00 AM before Judge Lewis J. Liman. (mf)
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Filing 46
PROPOSED ORDER. Document filed by HTT Group LLC. Related Document Number: #40 ..(Mu, Shengmao) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 45
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporate Associations Identified on Amended Schedule A to the Amended Complaint, re: #29 Amended Complaint,,. Document filed by HTT Group LLC..(Mu, Shengmao)
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Filing 44
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNICORPORATED ASSOCIATIONS IDENTIFIED ON AMENDED SCHEDULE A TO THE COMPLAINT, re: #29 Amended Complaint,,. Document filed by HTT Group LLC..(Mu, Shengmao) Modified on 7/13/2022 (pc).
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Filing 43
NOTICE OF APPEARANCE by Jiyuan Zhang on behalf of yipbromotoparts, cheetahparts8, xibromotor, darkmoto, care4umotorparts, cavaliershield, uska-bro, morenplusmotor, Aftermarket-Motor-Parts Store, Older Father Motor Parts Store, Tiger Motor, KBMamba Motor Store, Motorcycle lover shopping mall, iMaxmotor Store, Up Motor 1988 Store, dklamotor, laaftermarketparts..(Zhang, Jiyuan)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Shengmao Mu to RE-FILE Document No. #42 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Shengmao Mu to RE-FILE Document No. #44 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Caption title does not exactly match Amended Complaint caption title;. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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ORDER: As a reminder, the Show Cause Hearing scheduled for July 13, 2022 at 4:30PM will be held remotely by telephone. Parties may access the Court's teleconference line by dialing 888-251-2909 and using access code 2123101. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)
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Filing 42
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON AMENDED SCHEDULE A TO THE COMPLAINT, re: #29 Amended Complaint,,. Document filed by HTT Group LLC..(Mu, Shengmao) Modified on 7/13/2022 (pc).
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Filing 41
NOTICE of Notice of Filing Unsealed Documents re: #11 Complaint,. Document filed by HTT Group LLC. (Attachments: #1 Appendix A, #2 Exhibit 2).(Mu, Shengmao)
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Filing 40
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 have been shown, Defendant is temporarily enjoined and restrained from engaging in any of the following conduct pending the return date of the Application as referenced below: Using the HTTMT Trademark or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any Counterfeit Products; as further set forth herein. Within five (5) days of receipt of this Order, eBay.com, Aliexpress.com, and Amazon.com are directed to: disable and cease providing services for any User Accounts through which Defendant engage in the sale of Counterfeit Products, including, as further set forth herein. Pursuant to Fed. R. Civ. P. 64 and 65, as well as C.P.L.R. 6201, and this Court's inherent equitable power to issue provisional remedies ancillary to its authority to provide final equitable relief, as sufficient cause has been shown, that within five (5) days of receipt of service of this Order, as further set forth herein. The Clerk of Court is directed to issue a single original summons in the name of "THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON AMENDED SCHEDULE A TO THE COMPLAINT" that shall apply to Defendant. Amended Schedule A to the First Amended Complaint and Amended Exhibit 2 to Yan Declaration shall be sealed and remain sealed until Defendants Accounts and Defendant's Assets are restrained. Plaintiff shall file unsealed versions of Amended Schedule A to the Complaint and Amended Exhibit 2 to Yan Declaration using the CM/ECF system prior to the expiration of this Order. Any Defendant that is subject to this Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by this Court. IT IS FURTHER ORDERED that a hearing shall be held on July 13, 2022 at 4:30 p.m. in which Plaintiff may present their arguments in support of its request for issuance of a preliminary injunction. At such time, any Defendant may also be heard as to opposition to Plaintiff's Application. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before July 7, 2022. This Temporary Restraining Order without notice is entered on June 30, 2022, and shall remain in effect for fourteen (14) days. ( As further set forth in this Order.) ( Show Cause Hearing set for 7/13/2022 at 4:30 PM before Judge Lewis J. Liman., Show Cause Response due by 7/7/2022.), Motions terminated: #30 SECOND MOTION to Seal filed by HTT Group LLC. (Signed by Judge Lewis J. Liman on 6/30/2022) (vfr) Transmission to Civil Case Openings Clerk for processing.
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Filing 39
PRELIMINARY INJUNCTION ORDER: NOW THEREFORE, on this thirtieth day of June, 2022, this Court ORDERS that: PI Defendants, their affiliates, officers, agents, servants, employees, attorneys, and all persons acting for, with, by, through, under or in active concert with them, are enjoined and restrained from engaging in any of the following conduct through the pendency of this litigation as referenced below: Using the HTTMT Trademark or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any Counterfeit Products; as further set forth herein. Within five (5) days of receipt of this Order, eBay.com, Aliexpress.com, and Amazon.com are directed to: disable and cease providing services for any User Accounts through which Defendants engage in the sale of Counterfeit Products, including any User Accounts associated with the Defendants listed on Schedule A to the Complaint (which is also attached hereto), insofar as they relate to Defendants' infringing listings and offering for sale and/or sale of Counterfeit Products; as further set forth herein. Pursuant to Fed. R. Civ. P. 64 and 65, as well as C.P.L.R. 6201, and this Court's inherent equitable power to issue provisional remedies ancillary to its authority to provide final equitable relief, as sufficient cause has been shown, that within five (5) days of receipt of service of this Order, that (i) Amazon, (ii) PayPal, Inc. (PayPal), (iii) Payoneer, Inc ("Payoneer"), (iv) Ping Pong Global Solutions Inc ("Ping Pong"), (v) Coinbase Global, Inc ("Coinbase"), (vi) eBay, and (vii) other payment processing service providers (collectively referred to as the "Financial Institutions") shall locate all accounts associated with PI Defendants (the "PI Defendants' Accounts") and other assets belonging to Defendants, including any cryptocurrency (the "PI Defendants' Assets") and shall locate, attach, and restrain the transfer or disposing of monies or funds from Defendants' Accounts, as well as the transfer or disposing of Defendants' Assets, until further ordered by this Court. The Financial Institutions shall provide written confirmation of their compliance with the foregoing to Plaintiff's counsel. Within five (5) days of receipt of service of this Order, the Financial Institutions, including Aliexpress, Amazon and eBay in their capacities as online marketplace platforms, shall provide the following information to Plaintiff's counsel (to the extent such information is in the Financial Institutions' possession, custody, or control), as further set forth herein. Plaintiff shall file unsealed versions of Schedule A to the Complaint and Exhibit 2 to Yan Declaration using the CM/ECF system prior to the expiration of this Order. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by this Court. The five thousand dollars ($5,000) bond posted by Plaintiff shall remain with Court until a final disposition of this case or until this Preliminary Injunction terminates. ( As further set forth in this Order.) (Signed by Judge Lewis J. Liman on 6/30/2022) (vfr) Transmission to Finance Unit (Cashiers) for processing.
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Filing 38
ORDER granting #31 Motion for TRO. As set forth in the accompanying Order to Show Cause for Preliminary Injunction and Temporary Restraining Order and Preliminary Injunction Order, the Court has considered and granted Plaintiff's applications. The Court's Orders modify the requested relief to restrain the online storefronts from providing services to Defendants only insofar as related to Defendants' infringing listings and offering for sale and/or sale of counterfeit products. This modification is without prejudice to renewing the original request; however, the current application does not support such broad relief. See Allstar Marketing Group, LLC v. Allstar_Place, 2021 WL 5047597 (S.D.N.Y. Oct. 28, 2021) (holding that plaintiffs were not entitled to a preliminary injunction that "would restrain third party service providers like eBay from providing any services to Defendants' User Accounts and Merchant Storefronts for the pendency of this litigation," thus preventing them from "sell[ing] other products, including products that are non-infringing"). "Injunctive relief should be narrowly tailored to fit specific legal violations" and "an injunction should not impose unnecessary burdens on lawful activity." Waldman Pub. Corp. v. Landoll, Inc., 43 F.3d 775, 785 (2d Cir. 1994). "An injunction is overbroad when it seeks to restrain the defendants from engaging in legal conduct, or from engaging in illegal conduct that was not fairly the subject of litigation." City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114, 145 (2d Cir. 2011); see also Victornox AG v. B&F Sys., Inc., 709 F. Appx 44, 51 (2d Cir. 2017) (holding that even though a "party who has once infringed a trademark may be required to suffer a position less advantageous than that of an innocent party, an injunction must nonetheless be narrowly tailored to fit specific legal violations because the district court should not impose unnecessary burdens on lawful activity" (internal quotation marks and citations omitted)). SO ORDERED. (Signed by Judge Lewis J. Liman on 6/30/2022) (vfr)
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Filing 37
ORDER: A telephonic hearing was held on June 28, 2022 on Plaintiff's request for a Preliminary Injunction, the Court having considered all papers filed in support of the Application, and heard Plaintiff Counsel's argument, and as the Defendants while having been served, have not appeared in the case or attended this hearing, the Court Orders, as follows: Plaintiff is GRANTED leave to file an Amended Complaint with Amended Exhibit 2 and Amended Schedule A containing the additional Defendant newly discovered by Plaintiff; Plaintiff is GRANTED leave to file an Amended motion for a TRO and Order to Show Cause in connection with the newly added Defendant in the Amended Complaint; Plaintiff's motion to convert the TRO/Order to Show Cause to a Preliminary Injunction is GRANTED. Plaintiff shall submit a proposed Order converting the TRO/Order to Show Cause to a Preliminary Injunction; Plaintiff is GRANTED leave to file a motion for Default Judgment and serve Defendants by July 22, 2022, Opposition papers are due by August 12 at 5PM Eastern time and a hearing is scheduled for August 19 at 3PM by Telephone Conference. The parties are directed to use the Court's teleconference line at 888-251-2909, Access Code 2123101. ( Responses due by 8/12/2022, Telephone Conference set for 8/19/2022 at 3:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 6/30/2022) (vfr)
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Filing 36
PROPOSED ORDER. Document filed by HTT Group LLC. Related Document Number: #20 ..(Mu, Shengmao) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 35
***SELECTED PARTIES***DECLARATION of Juno Yan in Support re: #31 SECOND MOTION for Temporary Restraining Order .. Document filed by HTT Group LLC. (Attachments: #1 Exhibit Amended Exhibit 2)Motion or Order to File Under Seal: #30 .(Mu, Shengmao)
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Filing 34
***SELECTED PARTIES***PROPOSED ORDER. Document filed by HTT Group LLC. Related Document Number: #7 . Motion or Order to File Under Seal: #1 .(Mu, Shengmao) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 33
***SELECTED PARTIES***PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by HTT Group LLC. Related Document Number: #31 . Motion or Order to File Under Seal: #30 .(Mu, Shengmao) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 32
***SELECTED PARTIES***DECLARATION of Juno Yan in Support re: #31 SECOND MOTION for Temporary Restraining Order .. Document filed by HTT Group LLC. Motion or Order to File Under Seal: #30 .(Mu, Shengmao)
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Filing 31
***SELECTED PARTIES***SECOND MOTION for Temporary Restraining Order . Document filed by HTT Group LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Motion or Order to File Under Seal: #30 .(Mu, Shengmao) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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Filing 30
SECOND MOTION to Seal . Document filed by HTT Group LLC..(Mu, Shengmao)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #33 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #34 Proposed Order was reviewed and approved as to form. (km)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #36 Proposed Order was reviewed and approved as to form. (km)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 6/28/2022 in re: Plaintiff's Motion for a Preliminary Injunction. Shengmao Mu and Alan Sack present by telephone for Plaintiff. No counsel appeared on behalf of Defendants at the conference. The hearing was recorded through the Court's teleconference line. (mf)
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Filing 29
***SELECTED PARTIES***FIRST AMENDED COMPLAINT amending #11 Complaint, against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unicorporated Associations Identified on Schedule A to the Complaint.Document filed by HTT Group LLC. Related document: #11 Complaint,. (Attachments: #1 Exhibit Exhibit 1-Trademark Reg. No. 5,434,251, #2 Exhibit Amended Exhibit 2-redacted, #3 Appendix Amended Schedule A, #4 Affidavit Declaration of Juno Yan)Motion or Order to File Under Seal: #1 .(Sack, Alan)
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Filing 28
ORDER EXTENDING TEMPORARY RESTRAINING ORDER: NOW THEREFORE, the Court orders that the TRO be extended for fourteen (14) days, until June 30, 2022. Plaintiff is directed to serve a copy of this Order on Defendants. SO ORDERED. (Signed by Judge Lewis J. Liman on 6/13/2022) (tg)
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Filing 27
ORDER denying #21 Letter Motion for Leave to File Document; granting #22 Letter Motion to Adjourn Conference. The request for an extension of Defendants' deadline to file opposing papers and the request to adjourn the preliminary injunction hearing are both GRANTED. The preliminary injunction hearing is rescheduled to June 28, 2022 at 10a.m. The parties are directed to use the Court's teleconference line at 888-251-2909, Access Code 2123101. Pursuant to the accompanying Order, the request to extend the temporary relief granted at Dkt. No. 20 is GRANTED. The request to extend the relief to the additional seller identified at Dkt. No. 21 is DENIED without prejudice. Plaintiff may file an amended complaint adding a party, and may then seek such relief. Plaintiff is directed to serve a copy of this Order on the defendants. SO ORDERED. (Telephone Conference set for 6/28/2022 at 10:00 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 6/13/2022) (jca)
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Filing 26
ELECTRONIC SUMMONS ISSUED as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unicorporated Associations Identified on Schedule A to the Complaint..(gp)
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Filing 25
REQUEST FOR ISSUANCE OF SUMMONS as to THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNICORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT, re: #11 Complaint,. Document filed by HTT Group LLC..(Sack, Alan)
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Set/Reset Deadlines: Show Cause Response due by 6/23/2022. (jca)
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Filing 24
***SELECTED PARTIES***REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNICORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT, re: #11 Complaint,. Document filed by HTT Group LLC. Motion or Order to File Under Seal: #1 .(Sack, Alan)
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Filing 23
***SELECTED PARTIES***REQUEST FOR ISSUANCE OF SUMMONS as to THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNICORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT, re: #11 Complaint,. Document filed by HTT Group LLC. Motion or Order to File Under Seal: #1 .(Sack, Alan)
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Filing 22
***SELECTED PARTIES***FIRST LETTER MOTION to Adjourn Conference and Deadlines in the Order to Show Cause, Doc. #20 , addressed to Judge Lewis J. Liman from Alan M. Sack dated June 9, 2022. Document filed by HTT Group LLC. Return Date set for 6/14/2022 at 02:00 PM.Motion or Order to File Under Seal: #1 .(Sack, Alan)
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CASHIERS OFFICE REGISTRY DEPOSIT as per #20 Order to Show Cause, dated 6/2/2022, from Judge Lewis J. Liman, received $5,000.00 from HTT Group LLC Receipt Number NYSCCA22-00515 on 06/06/2022..(jkr)
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Filing 21
***SELECTED PARTIES***SUPPLEMENTAL LETTER MOTION for Leave to File Letter Motion to Supplement TRO/Order to Show Cause addressed to Judge Lewis J. Liman from Alan M. Sack dated June 6, 2022. Document filed by HTT Group LLC. (Attachments: #1 Exhibit Schedule A Supplemental, #2 Exhibit Order Confirmation-Infringing Product purchased from Online Seller 06052022)Motion or Order to File Under Seal: #1 .(Sack, Alan)
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Filing 20
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER filed by HTT Group LLC. 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 have 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 further set forth herein. Within five (5) days of receipt of this Order, eBay.com, Aliexpress.com, and Amazon.com are directed to: a. disable and cease providing services for any User Accounts through which Defendants engage in the sale of Counterfeit Products, including any User Accounts associated with the Defendants listed on Schedule A to the Complaint, insofar as they relate to Defendants' infringing listings and offering for sale and/or sale of Counterfeit Products, as further set forth herein. As sufficient cause has been shown, within five (5) days of receipt of service of this Order, the Financial Institutions, including Aliexpress, Amazon and eBay in their capacities as online marketplace platforms, shall provide the following information to Plaintiff's counsel (to the extent such information is in the Financial Institutions' possession, custody, or control), as further set forth herein. The Clerk of Court is directed to issue a single original summons in the name of "THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT" that shall apply to all Defendants. 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 Yan Declaration shall be sealed and remain sealed until Defendants' Accounts and Defendants' Assets are restrained. Plaintiff shall file unsealed versions of Schedule A to the Complaint and Exhibit 2 to Yan Declaration using the CM/ECF system prior to the expiration of this Order. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by this Court. IT IS FURTHER ORDERED that a hearing shall be held on Tuesday, June 14, 2022 at 2:00 p.m. in which Plaintiff may present their arguments in support of their request for issuance of a preliminary injunction. At such time, any Defendants may also be heard as to opposition to Plaintiff's Application. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before Thursday, June 9, 2022. This Temporary Restraining Order without notice is entered on June 2, 2022 and shall remain in effect for fourteen (14) days. (As further set forth in this Order.) Show Cause Hearing set for 6/14/2022 at 2:00 PM before Judge Lewis J. Liman. Show Cause Response due by 6/9/2022. (Signed by Judge Lewis J. Liman on 6/2/2022) (vfr) Transmission to Civil Case Openings Clerk for processing. Transmission to Finance Unit (Cashiers) for processing.
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Filing 19
ORDER granting with modification #5 Motion for TRO: As set forth in the accompanying Order to Show Cause for Preliminary Injunction and Temporary Restraining Order, the Court has considered and granted Plaintiff's ex parte application. The Court's Order modifies the requested relief to restrain the online storefronts from providing services to Defendants only insofar as related to Defendants' infringing listings and offering for sale and/or sale of counterfeit products. This modification is without prejudice to renewing the original request; however, the current application does not support such broad relief. See Allstar Marketing Group, LLC v. Allstar_Place, 2021 WL 5047597 (S.D.N.Y. Oct. 28, 2021) (holding that plaintiffs were not entitled to a preliminary injunction that "would restrain third party service providers like eBay from providing any services to Defendants' User Accounts and Merchant Storefronts for the pendency of this litigation," thus preventing them from "sell[ing] other products, including products that are non-infringing"). "Injunctive relief should be narrowly tailored to fit specific legal violations" and "an injunction should not impose unnecessary burdens on lawful activity." Waldman Pub. Corp. v. Landoll, Inc., 43 F.3d 775, 785 (2d Cir. 1994). "An injunction is overbroad when it seeks to restrain the defendants from engaging in legal conduct, or from engaging in illegal conduct that was not fairly the subject of litigation." City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114, 145 (2d Cir. 2011); see also Victornox AG v. B&F Sys., Inc., 709 F. App'x 44, 51 (2d Cir. 2017) (holding that even though a "party who has once infringed a trademark may be required to suffer a position less advantageous than that of an innocent party, an injunction must nonetheless be narrowly tailored to fit specific legal violations because the district court should not impose unnecessary burdens on lawful activity" (internal quotation marks and citations omitted)). SO ORDERED. (Signed by Judge Lewis J. Liman on 6/2/2022) (vfr)
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Filing 18
***EX-PARTE***REDACTION to #17 Order,, #11 Complaint, by HTT Group LLCMotion or Order to File Under Seal: #1 .(Mu, Shengmao)
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Filing 17
***SELECTED PARTIES*** ORDER: Plaintiff has submitted an application for an Order to Show Cause for a Preliminary Injunction and a Temporary Restraining Order. Exhibit 2 to the complaint, however, which contains the allegedly infringing listings, contains many screenshots that are both small and unclear. Plaintiff is directed to re-submit the evidence of the allegedly infringing listings in a larger and sharper form by May 25, 2022 at 5:00pm. The Clerk of Court is directed to file this Order under seal, viewable only to the parties and the Court, pending further Order of the Court. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/23/2022) (vfr)
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Filing 16
***EX-PARTE***AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.Motion or Order to File Under Seal: #1 .(Mu, Shengmao)
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Filing 15
NOTICE OF APPEARANCE by Alan Martin Sack on behalf of HTT Group LLC..(Sack, Alan)
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Filing 14
NOTICE OF APPEARANCE by Alan Martin Sack on behalf of HTT Group LLC..(Sack, Alan)
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Filing 13
***EX-PARTE***REDACTION to #11 Complaint, by HTT Group LLCMotion or Order to File Under Seal: #1 .(Mu, Shengmao)
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Filing 12
***EX-PARTE***REDACTION to #11 Complaint, by HTT Group LLCMotion or Order to File Under Seal: #1 .(Mu, Shengmao)
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Filing 11
COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unicorporated Associations Identified on Schedule A to the Complaint. Document filed by HTT Group LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Appendix A).(Mu, Shengmao)
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Filing 10
CIVIL COVER SHEET filed..(Mu, Shengmao)
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Filing 9
***EX-PARTE***REDACTION to #2 Complaint, by HTT Group LLCMotion or Order to File Under Seal: #1 .(Mu, Shengmao)
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Filing 8
MOTION for Leave to File Excess Pages . Document filed by HTT Group LLC. (Attachments: #1 Exhibit A).(Mu, Shengmao)
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Filing 7
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by HTT Group LLC. Related Document Number: #5 ..(Mu, Shengmao) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 6
DECLARATION of Juno Yan in Support re: #5 EX PARTE MOTION for Temporary Restraining Order .. Document filed by HTT Group LLC..(Mu, Shengmao)
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Filing 5
EX PARTE MOTION for Temporary Restraining Order . Document filed by HTT Group LLC. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 1).(Mu, Shengmao) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by HTT Group LLC..(Mu, Shengmao)
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Filing 3
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Mu, Shengmao) Modified on 5/23/2022 (pc).
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Filing 2
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against HTT Group LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26181167)Document filed by HTT Group LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Affidavit Yan).(Mu, Shengmao) Modified on 5/23/2022 (pc).
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Filing 1
MOTION to Seal . Document filed by HTT Group LLC..(Mu, Shengmao)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Shengmao Mu. The party information for the following party/parties has been modified: THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT, HTT Group LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly;. (pc)
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***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #7 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd)
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Magistrate Judge Jennifer Willis 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)
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Case Designated ECF. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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)
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***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Shengmao Mu to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Shengmao Mu. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1441ti; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1051; the County code has been modified to XX Out of State;. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Shengmao Mu to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): Office was not selected. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Shengmao Mu to RE-FILE Document No. #2 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
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