Ningbo Qinge E-commerce Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Ningbo Qinge E-commerce Co., Ltd. |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", 88WW0011, 16535373575, 16535373610, ada electric mosquito swater, agykeluosi, ANG YO Ladies'Underwear Shop, anshuangyi5902, APINUNU, arrjjun, automoviles ligeros, Buglionegerardus, Cartega, cdubsok, chenminkeluosi, Clock envelope, comandocompany, DAVCOO, dbtkeluosi, Deep love gril, dhyuq, Diaoys baby inner, dpcq200, Dreamming foot bath, dwj3f0tu, Easing coffee machine, electrocoagulation, fengmingkun, Flavored tip, Funny blonde, GERHXCOP, gjlkeluosi, GO go go world, guanxiaoting, guomeilxl, guzhengmao, historia contada, hjinfw, HTGR Men's Clothing Shop, huajiaosi, huangjiam, huiduhuijin, hyifg6df, incantation, Inversies Tecno G, inversiones 85, jinchengs, jins5s, jius5x, jkbnjkui, Joanna's marketplace, jonnhlao, juahuangyiuduon, keluosimagic, kool kool beef, LiKai Student Goods Shop, liminkeluosi, Lisa's love cabin, Lisbeth nails, liyiliyi, lizhonghao, llysh457, lshstrong, luis12, lukingyousi, luozhiwei, lwrbeauty, maopei, Maries Market Shop, Market Global Crys, Marmolera Jhony, MASTERMIG, MMJR BBB Women's Shoe Shop, MMNBH Ladies'Clothing Shop, Moon And Sun Pen Store, Night dress hat, nikhe, Noyse peetle, obligatory, pangyuhuan, Pearson Dental supply, phim712354, Pocoler Werdanfor enafuy, podsopiern, Powder image cloud moon, propenylbenzene, Qander Victer niaery, QINQINXIAOBAOBEI, qinseshengshengxiao, qiuqiunikk, qonglong, quanyajun, quartzsshoppp, Quisthedwinsdes, Randow Safu Celary Mitee, Rosefed, Sepple sheely, shengbinsaiyarensas, Small Lukapei Telida, SMYOU, sngwg, snkgne, Sport boat, sulihong, Taiyang92, TimothyWFolsom, TTosg, tudinguilin, unbaptized, Wall Crosk Market, WEI WEI Ladies'Underwear Shop, xiaoyanyanstore, xlkeluosi, xtuanzi, yankuistore, Yerf AKw, yinzhoushowtime, YouqingTianhou, Yuky cooking machine, yuntuyuelian, yuyanshi, zhangwei046, zhongliyan, zhouxukeluosi, zhuzhuabcd, zwdboy, ZZXEE Women's clothing store and The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2022cv06469 |
| July 29, 2022 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 36 CERTIFICATE OF SERVICE. Document filed by Ningbo Qinge E-commerce Co., Ltd...(Liu, Qinghe) |
Filing 35
ORDER TO SHOW CAUSE AS TO WHY A DEFAULT JUDGMENT AND PERMANENT INJUNCTION SHOULD NOT BE ENTERED AGAINST DEFENDANTS: Upon the memorandum of law in support of Plaintiff's proposed order to show cause, declaration of Qinghe Liu dated February 24, 2023, and the exhibits attached thereto, it is hereby ORDERED that Defendants appear to show cause before the Honorable Katherine Polk Failla in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, on May 24, 2023, at 2:00 p.m., why a judgment of default and permanent injunction should not be issued. It is further ORDERED that service of a copy of this Order and annexed affirmation and exhibits upon the Defendants shall be completed on or before March 27, 2023, by any means previously used to serve or to communicate with Defendant. It is further ORDERED that opposing papers, if any, shall be filed electronically with this Court on or before May 8, 2023. Plaintiffs shall electronically file any reply papers on or before May 17, 2023. Defendants are advised that failure to respond to the Order to Show Cause may be grounds for the granting of a default judgement and permanent injunction against them, in which event the Defendants will have no trial. Plaintiffs shall file proof of service of this Order to Show Cause on or before April 4, 2023. (Replies due by 5/17/2023., Show Cause Response due by 5/8/2023., Show Cause Hearing set for 5/24/2023 at 02:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 2/27/2023) (rro)
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| Filing 34 MEMORANDUM OF LAW in Support re: #29 Proposed Order to Show Cause Without Emergency Relief . Document filed by Ningbo Qinge E-commerce Co., Ltd...(Liu, Qinghe) |
| Filing 33 AFFIDAVIT of Qinghe Liu re: #29 Proposed Order to Show Cause Without Emergency Relief . Document filed by Ningbo Qinge E-commerce Co., Ltd.. (Attachments: #1 Exhibit Complaint, #2 Exhibit TRO, #3 Exhibit Summons, #4 Exhibit Affidavit of Service, #5 Exhibit Certificate of Default, #6 Exhibit Evidence of Infringing Uses).(Liu, Qinghe) |
| Filing 32 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Ningbo Qinge E-commerce Co., Ltd...(Liu, Qinghe) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Qinghe Liu in Support re: #30 MOTION for Default Judgment as to all Defendants.. Document filed by Ningbo Qinge E-commerce Co., Ltd.. (Attachments: #1 Exhibit Exhibit 1 - Complaint, #2 Exhibit Exhibit 2 - TRO, #3 Exhibit Exhibit 3 - Summons, #4 Exhibit Exhibit 4 - Affidavit of Service, #5 Exhibit Exhibit 5 - Certificate of Default, #6 Exhibit Exhibit 6 - Evidence of Uses).(Liu, Qinghe) Modified on 2/24/2023 (km). |
| Filing 30 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Default Judgment as to all Defendants. Document filed by Ningbo Qinge E-commerce Co., Ltd...(Liu, Qinghe) Modified on 2/24/2023 (km). |
| Filing 29 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Ningbo Qinge E-commerce Co., Ltd...(Liu, Qinghe) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #29 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #32 Proposed Default Judgment was reviewed and approved as to form. (km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Qinghe Liu to RE-FILE Document No. #31 Affidavit in Support. The filing is deficient for the following reason(s): The document is linked to a deficient entry. Re-file the document using the event type Other Answers, Affidavit in support of a non-motion. (km) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Qinghe Liu to RE-FILE Document #30 MOTION for Default Judgment as to all Defendants. Use the event type Initial Pleadings and Service, Other Answers, Memorandum of Law in Support (non-motion). (km) |
| Filing 28 CLERK'S CERTIFICATE OF DEFAULT as to defendants in attached Schedule A.(km) (Main Document 28 replaced on 2/8/2023) (km). |
| Filing 27 DECLARATION of Qinghe Liu re: #26 Proposed Clerk's Certificate of Default . Document filed by Ningbo Qinge E-commerce Co., Ltd.. (Attachments: #1 Exhibit Exhibit 1 to Declaration, #2 Exhibit Exhibit 2 to Declaration, #3 Supplement Request for Entry of Default, #4 Appendix Schedule A to Request for Entry of Default).(Liu, Qinghe) |
| Filing 26 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Ningbo Qinge E-commerce Co., Ltd...(Liu, Qinghe) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/8/2023 (km). |
| Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/28/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 24 TRANSCRIPT of Proceedings re: CONFERNECE held on 10/28/2022 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2022. Redacted Transcript Deadline set for 12/16/2022. Release of Transcript Restriction set for 2/13/2023..(McGuirk, Kelly) |
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Filing 23
PRELIMINARY INJUNCTION ORDER. This Court finds that the injunctive relief previously granted in the TRO should remain in place through the pendency of this litigation and that issuing such preliminary injunction is warranted under Federal Rule of Civil Procedure 65 and the Lanham Act. Evidence submitted in support of Plaintiff's previously-granted TRO establishes that Plaintiff has demonstrated a likelihood of success on the merits; that no remedy at law exists; and that Plaintiff will suffer irreparable harm if the injunction is not granted. Specifically, Plaintiff has proved a prima facie case of trademark infringement because: (1) the GAOARA Mark is valid, subsisting and in full force and effect, and Plaintiff is the exclusive owner of said mark; (2) Defendants are not licensed or authorized to use the GAOARA Mark; and (3) Defendants use of the GAOARA Mark is causing a likelihood of confusion as to the origin or sponsorship of Defendants' products with Plaintiff. Furthermore, Defendants' continued and unauthorized use of the GAOARA Mark has caused and continues to cause Plaintiff irreparable harm through diminished goodwill, damage to Plaintiff's reputation, and/or lost sales. Monetary damages fail to address such damage and, therefore, Plaintiff has an inadequate remedy at law. Moreover, public interest is served by entry of this preliminary injunction by way of dispelling any public confusion created by Defendants' actions, preventing the public from being defrauded or deceived by Defendants' offer and/or sale of Counterfeit Products, and by protecting Plaintiff's interests in and to its GAOARA Mark. IT IS HEREBY ORDERED THAT: The injunctive relief previously granted in the TRO shall remain in place throughout the pendency of this litigation as to all Defendants, and that issuing this Order is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the Lanham Act. Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, 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 acts or omissions pending the final hearing and determination of this action or until further order of the Court: a. manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling, and/or otherwise dealing in Counterfeit Products, or any other products bearing the GAOARA Mark, and/or marks that are confusingly similar to, identical to, and constitute a counterfeiting or infringement of the GAOARA Mark; b. directly or indirectly infringing in any manner on the GAOARA Mark; c. using any reproduction, counterfeit, copy, or colorable imitation of the GAOARA Mark to identify any goods or services not authorized by Plaintiff; d. using the GAOARA Mark and/or any other marks that are confusingly similar to the GAOARA Mark on or in connection with Defendants' manufacturing, importing, exporting, advertising, marketing, promoting, distributing, offering for sale, selling, and/or otherwise dealing in Counterfeit Products; using any false designation of origin or false description or engaging in any action which is likely to cause confusion, cause mistake, and/or to deceive members of the trade, and/or the public as to the affiliation, connection, or association of any product manufactured, imported, exported, advertised, marketed, promoted, distributed, displayed, offered for sale, or sold by Defendants with Plaintiff, and/or as to the origin, sponsorship, or approval of any product manufactured, imported, exported, advertised, marketed, promoted, distributed, displayed, offered for sale, or sold by Defendants and Defendants' commercial activities and Plaintiff; f. secreting, concealing, destroying, altering, selling off, transferring, or otherwise disposing of and/or dealing with: (i) Counterfeit Products and/or (ii) any computer files, data, business records, documents or any other records or evidence relating to their User Accounts, Merchant Storefronts, or Defendants' Assets and the manufacture, importation, exportation, advertising, marketing, promotion, distribution, display, offering for sale, and/or sale of Counterfeit Products; g. effecting assignments or transfers, forming new entities or associations, or creating and/or utilizing any other platform, User Account, Merchant Storefront, or any other means of importation, exportation, advertising, marketing, promotion, distribution, display, offering for sale, and/or sale of Counterfeit Products for the purposes of circumventing or otherwise avoiding the prohibitions set forth in this Order; and as further set forth in this Order. Third-Party Service Providers and Financial Institutions 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: secreting, concealing, transferring, disposing of, withdrawing, encumbering, or paying Defendants' Assets from or to Defendants' Financial Accounts; b. 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 Defendants' Assets and Defendants Financial Accounts; and c. knowingly instructing, aiding, or abetting any person or business entity in engaging in any of the activities referred to in subparagraphs 2(a) through 2(g) and 3(a) through 3(b) above. 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: a. Providing services to Defendants, Defendants' User Accounts and Defendants' Merchant Storefronts, including, without limitation, continued operation of Defendants' User Accounts and Merchant Storefronts; 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 the Defendants' User Accounts, Merchant Storefronts, Defendants' Assets and the manufacture, importation, exportation, advertising, marketing, promotion, distribution, display, offering for sale and/or sale of Counterfeit Products; and c. knowingly instructing, aiding, or abetting any other person or business entity in engaging in any of the activities referred to in subparagraphs 2(a) through 2(g) above, 3(a) through 3(b) above, and 4(a) to 4(b) above. The asset restraint granted in the TRO shall remain in place throughout the pendency of this litigation, including that within ten (10) days of receipt of notice of this Order, any newly discovered Financial Institutions that are served with this Order shall locate and attach Defendants' Financial Accounts and Defendants' Assets, shall provide Plaintiff's counsel with written confirmation of such attachment along with a summary report containing account details for any and all such accounts, which shall, at a minimum, include (i) identifying information for Defendants and Defendants' User Accounts; (ii) contact information for Defendants (including all mailing addresses and email addresses); (iii) account numbers; and (iv) account balances for any and all of Defendants Financial Accounts. The expedited discovery previously granted in the TRO shall remain in place through the pendency of this litigation, including that as further set forth in this Order. Within fifteen (15) days of service, all Third-Party Service Providers shall provide Plaintiff's counsel with all documents and records in its possession, custody, or control relating to Defendants' User Accounts and Defendants' Merchant Storefronts, including, without limitation, documents and records relating to: i. any and all User Accounts and Defendants' Merchant Storefronts and account details, including, without limitation, identifying information and account numbers for any and all User Accounts and Defendants' Merchant Storefronts that Defendants have ever had and/or currently maintain with the Third-Party Service Providers; ii. the identities and locations of Defendants, their agents, servants, employees, confederates, attorneys, and any persons acting in concert or participation with them, including all known contact information, including any and all associated email addresses; and as further set forth in this Order. Within fifteen (15) days days of service, Financial Institutions shall provide Plaintiff's counsel with all documents and records in their possession, custody, or control relating to any and all of Defendants' Financial Accounts, User Accounts, and Merchant Storefronts, including, without limitation, any documents and records relating to: i. account numbers; ii. current account balances; any and all deposits and withdrawals from each and every of Defendants' Financial Accounts and any and all supporting documentation, including, but not limited to, deposit slips, withdrawal slips, cancelled checks, and account statements; iv. any and all wire transfers into each and every of Defendants' Financial Accounts, including, but not limited to, documents sufficient to show the identity of the destination of the transferred funds, the identity of the beneficiary's bank and the beneficiary's account number; v. any and all User Accounts and account details, including, without limitation, identifying information and account numbers for any and all User Accounts that Defendants have ever had and/or currently maintain and as further set forth in this Order. The $5,000 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this preliminary injunction order is terminated. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/4/22) (yv)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Preliminary Injunction Hearing held on 10/28/2022. Attorney Qinghe Liu representing Plaintiff present. For the reasons stated on the record, Plaintiff's motion for a preliminary injunction is GRANTED. Plaintiff shall order a copy of today's transcript. (See transcript.) (Court Reporter Carol Ganley) (tn) |
| Filing 22 MEMO ENDORSEMENT on re: #21 Letter filed by Ningbo Qinge E-commerce Co., Ltd. ENDORSEMENT: Application GRANTED. The show cause hearing currently scheduled for Friday, October 28, 2022, at 11:00 a.m. shall proceed telephonically. The dial-in information is as follows: At 11:00 a.m., the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the conference will not be available prior to 11:00 a.m. ( Telephone Conference set for 10/28/2022 at 11:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 10/24/2022) (rro) |
| Filing 21 LETTER addressed to Judge Katherine Polk Failla from Qinghe Liu dated October 21, 2022 re: Request to make virtual appearance at 10/28/22 hearing. Document filed by Ningbo Qinge E-commerce Co., Ltd...(Liu, Qinghe) |
| Filing 20 AFFIDAVIT OF SERVICE. All Defendants. Document filed by Ningbo Qinge E-commerce Co., Ltd.. (Attachments: #1 Exhibit Completed Proof of Service Form).(Liu, Qinghe) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to The Partnerships and Unincorporated Associations Identified on Schedule A. (vf) |
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Filing 18
ORDER granting #16 Letter Motion for Extension of Time. Application GRANTED. The preliminary injunction hearing currently scheduled for October 6, 2022, is hereby ADJOURNED to October 28, 2022, at 11:00 a.m. The restraints imposed by the Order to Show Cause for Preliminary Injunction and Temporary Restraining Order (Dkt. #15) shall be extended until the new hearing date. Defendants' opposing papers shall be due October 14, 2022, and Plaintiff's reply papers shall be due October 18, 2022. The Clerk of Court is directed to terminate the pending motion at docket number 16. (Signed by Judge Katherine Polk Failla on 10/4/2022) (rro)
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| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to The Partnerships and Unincorporated Associations Identified on Schedule "A", re: #1 Complaint,,. Document filed by Ningbo Qinge E-commerce Co., Ltd.. (Attachments: #1 Appendix Schedule A).(Liu, Qinghe) |
| Filing 16 FIRST LETTER MOTION for Extension of Time of the Temporary Restraining Order addressed to Judge Katherine Polk Failla from Qinghe (Jenny) Liu dated October 3, 2022. Document filed by Ningbo Qinge E-commerce Co., Ltd...(Liu, Qinghe) |
| Set/Reset Hearings: Show Cause Hearing set for 10/28/2022 at 11:00 AM before Judge Katherine Polk Failla. (rro) |
| CASHIERS OFFICE REGISTRY DEPOSIT as per #15 Order to Show Cause, dated 9/22/2022, from Judge Katherine Polk Failla, received $$5,000.00 from Ningbo Qinge E-commerce Co., Ltd. Receipt Number NYSCCA22-00667 on 9/27/2022. (cde) |
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Filing 15
1) TEMPORARY RESTRAINING ORDER, (2) ORDER RESTRAINING MERCHANT STOREFRONTS AND ASSETS WITH FINANCIAL INSTITUTIONS, (3) ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE, (4) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE, AND (5) ORDER AUTHORIZING EXPEDITIED DISCOVERY: Based on the foregoing findings of fact and conclusions of law, Plaintiffs' Application is hereby GRANTED as follows (the "Order"):IT IS HEREBY ORDERED, as sufficient cause has been shown, that 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 engaging in any of the following acts or omissions for fourteen (14) days from the date of this Order, and for any such further period as may be provided by order of the Court: manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling, and/or otherwise dealing in Counterfeit Products, or any other products bearing the GAOARA Mark, and/or marks that are confusingly similar to, identical to, and constitute a counterfeiting or infringement of the GAOARA Mark; and further set forth in this Order. Defendants are hereby ORDERED to show cause before this Court in Courtroom 618 of the United States District Court for the Southern District of New York at the Thurgood Marshall Courhouse, 40 Foley Square, New York, New York on October 6, 2022, at 4:30 p.m., why a preliminary injunction, pursuant to Fed. R. Civ. P. 65(a), should not issue. 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 Celeblaws, P.A. at 5050 W Colonial Drive, Orlando, FL, 32808, Attn: Qinghe Liu on or before Friday, September 30, 2022. Plaintiff shall file any Reply papers on or before Tuesday, October 4, 2022. IT IS FURTHER ORDERED pursuant to Fed. R. Civ. P. 64 and 65 and N.Y. 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, the Third-Party Service Providers and Financial Institutions shall locate and attach Defendants' Financial Accounts and shall provide written confirmation of such attachment to Plaintiff's counsel. IT IS FURTHER ORDERED that Plaintiff shall deposit with the Court fivethousand dollars ($5,000.00), either cash or surety bond, which amount isdetermined to be adequate for the payment of damages as any person may beentitled to recover as a result of a wrongful restraint ordered hereunder. Show Cause Hearing set for 10/6/2022 at 04:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 9/22/2022) (rro) Transmission to Finance Unit (Cashiers) for processing.
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Temporary Restraining Order Hearing held on 9/22/2022. Attorney Qinghe Liu representing the Plaintiff present. The Court grants Plaintiff's motion for a temporary restraining order is GRANTED. (Court Reporter Sara Beiter) (tn) |
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Filing 14
ORDER: The Court is in receipt of Plaintiff's motion for a temporary restraining order, filed July 29, 2022. (See Dkt. #6). After repeated attempts to contact Plaintiffs' counsel, the Court has today been made aware of counsel's availability for a hearing on this motion. The parties are hereby ORDERED to appear for a telephone conference regarding the application on Thursday, September 22, 2022, at 11:00 a.m. The dial-in information is as follows: At 11:00 a.m., the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the conference will not be available prior to 11:00 a.m. Telephone Conference set for 9/22/2022 at 11:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 9/15/2022) (rro)
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| Filing 13 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 12 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Liu, Qinghe) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Qinghe Liu. The following party/parties has been removed from this case: 88WW0011, 16535373575, 16535373610, ada electric mosquito swater, agykeluosi, ANG YO Ladies'Underwear Shop, anshuangyi5902, APINUNU, arrjjun, automoviles ligeros, Buglionegerardus, Cartega, cdubsok, chenminkeluosi, Clock envelope, comandocompany, DAVCOO, dbtkeluosi, Deep love gril, dhyuq, Diaoys baby inner, dpcq200, Dreamming foot bath, dwj3f0tu, Easing coffee machine, electrocoagulation, fengmingkun, Flavored tip, Funny blonde, GERHXCOP, gjlkeluosi, GO go go world, guanxiaoting, guomeilxl, guzhengmao, historia contada, hjinfw, HTGR Men's Clothing Shop, huajiaosi, huangjiam, huiduhuijin, hyifg6df, incantation, Inversies Tecno G, inversiones 85, jinchengs, jins5s, jius5x, jkbnjkui, Joanna's marketplace, 16535373575, 16535373610, 88WW0011, ANG YO Ladies'Underwear Shop, APINUNU, Buglionegerardus, Cartega, Clock envelope, DAVCOO, Deep love gril, Diaoys baby inner, Dreamming foot bath, Easing coffee machine, Flavored tip, Funny blonde, GERHXCOP, GO go go world, HTGR Men's Clothing Shop, Inversies Tecno G, Joanna's marketplace, The Partnerships and Unincorporated Associations Identified on Schedule "A", ada electric mosquito swater, agykeluosi, anshuangyi5902, arrjjun, automoviles ligeros, cdubsok, chenminkeluosi, comandocompany, dbtkeluosi, dhyuq, dpcq200, dwj3f0tu, electrocoagulation, fengmingkun, gjlkeluosi, guanxiaoting, guomeilxl, guzhengmao, historia contada, hjinfw, huajiaosi, huangjiam, huiduhuijin, hyifg6df, incantation, inversiones 85, jinchengs, jins5s, jius5x, jkbnjkui, jonnhlao, juahuangyiuduon, keluosimagic, kool kool beef, LiKai Student Goods Shop, liminkeluosi, Lisa's love cabin, Lisbeth nails, liyiliyi, lizhonghao, llysh457, lshstrong, luis12, lukingyousi, luozhiwei, lwrbeauty, maopei, Maries Market Shop, Market Global Crys, Marmolera Jhony, MASTERMIG, MMJR BBB Women's Shoe Shop, MMNBH Ladies'Clothing Shop, Moon And Sun Pen Store, Night dress hat, nikhe, Noyse peetle, obligatory, pangyuhuan, Pearson Dental supply, phim712354, Pocoler Werdanfor enafuy, podsopiern, Powder image cloud moon, propenylbenzene, Qander Victer niaery, QINQINXIAOBAOBEI, qinseshengshengxiao, qiuqiunikk, qonglong, quanyajun, quartzsshoppp, Quisthedwinsdes, Randow Safu Celary Mitee, Rosefed, Sepple sheely, shengbinsaiyarensas, Small Lukapei Telida, SMYOU, sngwg, snkgne, Sport boat, sulihong, Taiyang92, TimothyWFolsom, TTosg, tudinguilin, unbaptized, Wall Crosk Market, WEI WEI Ladies'Underwear Shop, xiaoyanyanstore, xlkeluosi, xtuanzi, yankuistore, Yerf AKw, yinzhoushowtime, YouqingTianhou, Yuky cooking machine, yuntuyuelian, yuyanshi, zhangwei046, zhongliyan, zhouxukeluosi, zhuzhuabcd, zwdboy, ZZXEE Women's clothing store. The parties were added to the case in error. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Qinghe Liu. The party information for the following party/parties has been modified: Ningbo Qinge E-commerce Co., Ltd., The Partnerships and Unincorporated Associations Identified on Schedule "A". The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Qinghe Liu. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Qinghe Liu to RE-FILE re: Document No. #4 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the AO 120 Patent/Trademark form is not correct; the Docket Number field on the AO 120 Patent/Trademark form was not completed by the attorney; the Court Name and/or Location field on the AO 120 Patent/Trademark form was not completed by the attorney;.. Re-file the document using the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 120 Patent/Trademark PDF form. (pc) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #11 Proposed Temporary Restraining Order was reviewed and approved as to form. (km) |
| Magistrate Judge Ona T. Wang 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 11 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Ningbo Qinge E-commerce Co., Ltd.. Related Document Number: #6 ..(Liu, Qinghe) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 10 DECLARATION of Qinghe Liu in Support re: #6 MOTION for Temporary Restraining Order including an order restraining merchant storefronts and defendants' assets, an order to show cause why a preliminary injunction should not issue, an order authorizing bifurcated and alternative service,. Document filed by Ningbo Qinge E-commerce Co., Ltd.. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit A-7).(Liu, Qinghe) |
| Filing 9 DECLARATION of Xuexiang Lin in Support re: #6 MOTION for Temporary Restraining Order including an order restraining merchant storefronts and defendants' assets, an order to show cause why a preliminary injunction should not issue, an order authorizing bifurcated and alternative service,. Document filed by Ningbo Qinge E-commerce Co., Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Liu, Qinghe) |
| Filing 8 DECLARATION of Pan Zhifen in Support re: #6 MOTION for Temporary Restraining Order including an order restraining merchant storefronts and defendants' assets, an order to show cause why a preliminary injunction should not issue, an order authorizing bifurcated and alternative service,. Document filed by Ningbo Qinge E-commerce Co., Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Liu, Qinghe) |
| Filing 7 MEMORANDUM OF LAW in Support re: #6 MOTION for Temporary Restraining Order including an order restraining merchant storefronts and defendants' assets, an order to show cause why a preliminary injunction should not issue, an order authorizing bifurcated and alternative service, and an order authorizing expedited discovery. Document filed by Ningbo Qinge E-commerce Co., Ltd...(Liu, Qinghe) |
| Filing 6 MOTION for Temporary Restraining Order including an order restraining merchant storefronts and defendants' assets, an order to show cause why a preliminary injunction should not issue, an order authorizing bifurcated and alternative service, and an order authorizing expedited discovery. Document filed by Ningbo Qinge E-commerce Co., Ltd...(Liu, Qinghe) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 5 NOTICE OF APPEARANCE by Qinghe Liu on behalf of Ningbo Qinge E-commerce Co., Ltd...(Liu, Qinghe) |
| Filing 4 FILING ERROR - PDF ERROR - AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Liu, Qinghe) Modified on 8/1/2022 (pc). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ningbo Qinge E-commerce Co., Ltd...(Liu, Qinghe) |
| Filing 2 CIVIL COVER SHEET filed..(Liu, Qinghe) |
| Filing 1 COMPLAINT against The Partnerships and Unincorporated Associations Identified on Schedule "A". (Filing Fee $ 402.00, Receipt Number ANYSDC-26484275)Document filed by Ningbo Qinge E-commerce Co., Ltd.. (Attachments: #1 Exhibit Schedule A, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E-1, #7 Exhibit Exhibit E-2, #8 Exhibit Exhibit E-3, #9 Exhibit Exhibit E-4, #10 Exhibit Exhibit E-5, #11 Exhibit Exhibit E-6, #12 Exhibit Exhibit E-7).(Liu, Qinghe) |
| ADD PARTY FOR PLEADING. Defendants/Respondents 88WW0011, 16535373575, 16535373610, ada electric mosquito swater, agykeluosi, ANG YO Ladies'Underwear Shop, anshuangyi5902, APINUNU, arrjjun, automoviles ligeros, Buglionegerardus, Cartega, cdubsok, chenminkeluosi, Clock envelope, comandocompany, DAVCOO, dbtkeluosi, Deep love gril, dhyuq, Diaoys baby inner, dpcq200, Dreamming foot bath, dwj3f0tu, Easing coffee machine, electrocoagulation, fengmingkun, Flavored tip, Funny blonde, GERHXCOP, gjlkeluosi, GO go go world, guanxiaoting, guomeilxl, guzhengmao, historia contada, hjinfw, HTGR Men's Clothing Shop, huajiaosi, huangjiam, huiduhuijin, hyifg6df, incantation, Inversies Tecno G, inversiones 85, jinchengs, jins5s, jius5x, jkbnjkui, Joanna's marketplace added. Party added pursuant to #1 Complaint,,.Document filed by Ningbo Qinge E-commerce Co., Ltd.. Related document: #1 Complaint,,..(Liu, Qinghe) |
| ADD PARTY FOR PLEADING. Defendants/Respondents 16535373575, 16535373610, 88WW0011, ANG YO Ladies'Underwear Shop, APINUNU, Buglionegerardus, Cartega, Clock envelope, DAVCOO, Deep love gril, Diaoys baby inner, Dreamming foot bath, Easing coffee machine, Flavored tip, Funny blonde, GERHXCOP, GO go go world, HTGR Men's Clothing Shop, Inversies Tecno G, Joanna's marketplace, The Partnerships and Unincorporated Associations Identified on Schedule "A", ada electric mosquito swater, agykeluosi, anshuangyi5902, arrjjun, automoviles ligeros, cdubsok, chenminkeluosi, comandocompany, dbtkeluosi, dhyuq, dpcq200, dwj3f0tu, electrocoagulation, fengmingkun, gjlkeluosi, guanxiaoting, guomeilxl, guzhengmao, historia contada, hjinfw, huajiaosi, huangjiam, huiduhuijin, hyifg6df, incantation, inversiones 85, jinchengs, jins5s, jius5x, jkbnjkui, jonnhlao, juahuangyiuduon, keluosimagic, kool kool beef, LiKai Student Goods Shop, liminkeluosi, Lisa's love cabin, Lisbeth nails, liyiliyi, lizhonghao, llysh457, lshstrong, luis12, lukingyousi, luozhiwei, lwrbeauty, maopei, Maries Market Shop, Market Global Crys, Marmolera Jhony, MASTERMIG, MMJR BBB Women's Shoe Shop, MMNBH Ladies'Clothing Shop, Moon And Sun Pen Store, Night dress hat, nikhe, Noyse peetle, obligatory, pangyuhuan, Pearson Dental supply, phim712354, Pocoler Werdanfor enafuy, podsopiern, Powder image cloud moon, propenylbenzene, Qander Victer niaery, QINQINXIAOBAOBEI, qinseshengshengxiao, qiuqiunikk, qonglong, quanyajun, quartzsshoppp, Quisthedwinsdes, Randow Safu Celary Mitee, Rosefed, Sepple sheely, shengbinsaiyarensas, Small Lukapei Telida, SMYOU, sngwg, snkgne, Sport boat, sulihong, Taiyang92, TimothyWFolsom, TTosg, tudinguilin, unbaptized, Wall Crosk Market, WEI WEI Ladies'Underwear Shop, xiaoyanyanstore, xlkeluosi, xtuanzi, yankuistore, Yerf AKw, yinzhoushowtime, YouqingTianhou, Yuky cooking machine, yuntuyuelian, yuyanshi, zhangwei046, zhongliyan, zhouxukeluosi, zhuzhuabcd, zwdboy, ZZXEE Women's clothing store added. Party added pursuant to #1 Complaint,,.Document filed by Ningbo Qinge E-commerce Co., Ltd.. Related document: #1 Complaint,,..(Liu, Qinghe) |
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