The Kyjen Company, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint
| THE KYJEN COMPANY, LLC |
| THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT, CHENGDUWEIYUEZHENYUSHANGMAOYOUXIANGONGSI (84), Eebuyyd (85), Mingbaoge (92), Shen zhen shi yang bao bao ke ji you xian gong si (97), EliveUK Limited (105), SHOP&SHOW (34), HOME-STAR (16) and ZKchangjiang (117) |
| 1:2023cv00612 |
| January 24, 2023 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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Filing 52
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS TO THE COURT AND ALL INTERESTED PARTIES: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff THE KYJEN COMPANY, LLC., voluntarily dismisses the following Defendant listed on Schedule A to the Complaint without prejudice: HOME-STAR (16) and ZKchangjiang (117) terminated. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/24/2023) (jca)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #51 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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;. (nd)
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Filing 51
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) HOME-STAR (16), ZKchangjiang (117). Document filed by The Kyjen Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Hutchinson, David)
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Filing 50
PROPOSED CONSENT ORDER. Document filed by The Kyjen Company, LLC..(Hutchinson, David)
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Filing 49
MOTION to Approve Consent Judgment Agreed Motion for Entry of Consent Judgment. Document filed by The Kyjen Company, LLC..(Hutchinson, David)
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Filing 48
PRELIMINARY INJUNCTION ORDER: NOW THEREFORE, on this 16th day of March, 2023, this Court ORDERS that: 1. The 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 further set forth herein.) 11.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. The Clerk of Court is directed to unseal Plaintiff's Schedule A to the Complaint (ECF No. 12) and Exhibit 3 to the Declaration of Evanka Herbers (ECF Nos. 13-1 to 13-26). SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/16/2023) (va) Transmission to Finance Unit (Cashiers) for processing.
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Filing 47
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 4l (a)(l)(A)(i) Plaintiff THE KYJEN COMPANY, LLC. voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice: World Proud, foshanbomingnishangmaoyouxiangongs. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/15/2023) (kv)
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Filing 46
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS TO THE COURT AND ALL INTERESTED PARTIES: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff THE KYJEN COMP ANY, LLC voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/15/2023) (jca)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #45 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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)
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Filing 45
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, without prejudice against the defendant(s) The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint. Document filed by The Kyjen Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Hutchinson, David)
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Minute Entry for proceedings held before Judge Jennifer H. Rearden: Preliminary Injunction Hearing held on 3/13/2023 re: #32 Memo Endorsement, Set Deadlines/Hearings (Court Reporter George Malinowski) (kwi)
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Filing 44
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF A CERTAIN DEFENDANT: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff THE KYJEN COMPANY, LLC. voluntarily dismisses the following Defendant listed on Schedule A to the Complaint without prejudice: As further set forth by this Order. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/10/2023) (tg)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #41 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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)
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Filing 43
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 THEKYJEN COMP ANY, LLC voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice: EliveUK Limited (105), Mingbaoge (92), Shen zhen shi yang bao bao ke ji you xian gong si (97), CHENGDUWEIYUEZHENYUSHANGMAOYOUXIANGONGSI (84) and Eebuyyd (85) terminated. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/09/2023) (ama)
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Filing 42
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: TO THE COURT AND ALL INTERESTED PARTIES: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff THE KYJEN COMPANY, LLC voluntarily dismisses the following Defendant listed on Schedule A to the Complaint without prejudice: No. 34. SHOP&SHOW. SO ORDERED. SHOP&SHOW (34) terminated. (Signed by Judge Jennifer H. Rearden on 3/9/2023) (vfr)
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Filing 41
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, without prejudice against the defendant(s) The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint. Document filed by The Kyjen Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Hutchinson, David)
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Filing 40
SUMMONS RETURNED EXECUTED. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint served on 3/8/2023, answer due 3/29/2023. Document filed by The Kyjen Company, LLC..(Hutchinson, David)
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Filing 39
SUMMONS RETURNED EXECUTED. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint served on 3/2/2023, answer due 3/23/2023. Document filed by The Kyjen Company, LLC..(Hutchinson, David)
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Filing 38
MEMORANDUM OPINION AND ORDER: Plaintiff's application to serve the thirty remaining Defendants by email and online publication is GRANTED. Plaintiff is directed to effectuate electronic service on these Defendants without delay. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/7/2023) (ks) (Main Document 38 replaced on 3/7/2023) (ks).
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #34 Notice of Voluntary Dismissal,, was reviewed and referred to Judge Jennifer H. Rearden 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;. (nd)
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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 Jennifer H. Rearden 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;. (nd)
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Filing 37
NOTICE of Filing Second Amended Schedule A re: #36 Letter. Document filed by The Kyjen Company, LLC..(Iskikian, Anna)
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Filing 36
LETTER addressed to Judge Jennifer H. Rearden from Anna Iskikian dated March 6, 2023 re: Supplemental Brief. Document filed by The Kyjen Company, LLC..(Iskikian, Anna)
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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) SHOP&SHOW (34). Document filed by The Kyjen Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Iskikian, Anna)
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Filing 34
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) CHENGDUWEIYUEZHENYUSHANGMAOYOUXIANGONGSI (84), Eebuyyd (85), Mingbaoge (92), Shen zhen shi yang bao bao ke ji you xian gong si (97), EliveUK Limited (105). Document filed by The Kyjen Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Iskikian, Anna)
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Filing 33
MEMORANDUM OPINION AND ORDER: For the reasons set forth above, Plaintiff's application to serve Defendants by email and online publication is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE. Plaintiff's application is GRANTED as to the following forty-five Defendants: SHOP&SHOW, 2bgreatshop, bianqueli, bulksell, emours, EWIN24 GROUP, galry, jspet1, lumber21, mixsmoking, Petrich, rubibegone, xianbeilo, evicbeshop, jasgood18, Cwhjun_kk, Deborahllk, heronzt, kubi1993, Prague jewelry shop, taotaoshouji, zaturday, ZKchangjiang, Happy date, Lsgrael, Suuny Market, xuanchengxuanfangiyeguanliyouxiangongsi, SAJAR TRADING, Grocery Store, NEGOO STORE, Caluo E-commerce, foshanbomingnishangmaoyouxiangongsi, putianshichengxianggugirongmaoyiyouxiangongsi, hefeizaiheibaihuoyouxiangongsi, chengdujianghubianshang, wenhangliyunhuishangmaoyouxiangongsi, Lovely TianTian, ZeLing991, MMKemisidiPuppyPet, ShanXiFaZeKeJiYouXianGongSi, Mozzarella, Waykada, jiujianglinfudianzishangwuyouxiangongsi, lusonghong1740, and nbmxtudtrr). Plaintiff is directed to effectuate electronic service on these Defendants without delay. Plaintiff's application is DENIED without prejudice, and the Hague Convention's service requirements control, as to the following thirty-five Defendants: Eebuyyd, CHENGDUWEIYUEZHENYUSHANGMAOYOUXIANGONGSI, Shenzhen shi yang bao bao ke ji you xian gong si, Mingbaoge, AMZJIANJIAN, Cinny, DLYshopping. fangfangxuan168, Feng hua gong ying lian, fuqiangzhang store, GANGBAO, GLINZDz, GOARD LODA, GYANF, HOME-STAR, Huayuan Supplies, Incyj, Jindawu-US, Jingbo, Juanking, lambo888, LAN-YAN, Likeets, Luohe Dichu Trading Co., Ltd., MaoTopCom, NZSMYXGS, RSiug Ltd., sensiya, shuangmai, Sxhlsellon, Threelin3, tongshengyao, World Proud, Wuiadef-US, and Elive UK Limited). By no later than March 6, 2023 at 5:00 p.m., Plaintiff is permitted to make a supplemental submission to the Court providing the information as specified above, see supra at 8-9, at which point the Court will reconsider Plaintiff's request for alternative service. For all Defendants as to whom Plaintiff does not intend to submit supplemental information, Plaintiff is directed to effect service without delay. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/2/2023) (ks)
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Filing 32
MEMO ENDORSEMENT on re: #31 Letter, filed by The Kyjen Company, LLC. ENDORSEMENT: 1) The preliminary injunction hearing, previously scheduled for February 24, 2023 at 2:00 PM, is adjourned to March 13, 2023 at 1 :00 PM. The hearing will be conducted via Microsoft Teams. Counsel will receive log-in credentials via e-mail. The public listen-only line may be accessed by dialing (646) 453-4442 and entering Conference ID: 909 116 627#. 2) The restraints imposed by the Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order (ECF No. 23) shall be extended until the new hearing date. The purpose of the extension is to afford the Court time to consider Plaintiff's request, filed on February 23, 2023, to serve Defendants by email and online publication, and, to the extent that Plaintiff's request is granted in whole or in part, to afford Plaintiff time to effectuate electronic service prior to the preliminary injunction hearing. The Court's decision on this matter will follow under separate Order. 3) Pursuant to the Order to Show Cause (ECF No. 23 at 10), Plaintiff shall immediately deposit with the Court a $5,000 security bond, if it has not already done so. SO ORDERED. ( Status Conference set for 3/13/2023 at 01:00 PM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 2/24/2023) (va) Transmission to Finance Unit (Cashiers) for processing.
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #30 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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)
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Filing 31
LETTER addressed to Judge Jennifer H. Rearden from David E. Hutchinson dated February 23, 2023 re: Reasonable Diligence. Document filed by The Kyjen Company, LLC. (Attachments: #1 Affidavit Affidavit of David E. Hutchinson, #2 Affidavit Affidavit of Hong Hu, #3 Exhibit First Amended Schedule A).(Hutchinson, David)
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Filing 30
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, without prejudice against the defendant(s) The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint. Document filed by The Kyjen Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Hutchinson, David)
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Filing 29
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: TO THE COURT AND ALL INTERESTED PARTIES: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff THE KYJEN COMPANY, LLC voluntarily dismisses the Defendants listed on Schedule A to the Complaint without prejudice. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 2/22/2023) (ate)
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Filing 28
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, without prejudice against the defendant(s) The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint. Document filed by The Kyjen Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Hutchinson, David)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #28 Notice of Voluntary Dismissal,, was reviewed and referred to Judge Jennifer H. Rearden 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. (nd)
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Filing 27
ORDER The preliminary injunction hearing, previously scheduled for February 13, 2023 at 11:30 AM, is adjourned to February 24, 2023 at 2:00 PM. The hearing will be conducted via Microsoft Teams. Counsel will receive log-in credentials via e-mail. The public listen-only line may be accessed by dialing (646) 453-4442 and entering Conference ID: 909 116 627#. SO ORDERED. (Status Conference set for 2/24/2023 at 02:00 PM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 2/10/2023) (jca)
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Filing 26
ORDER granting in part #25 Letter Motion to Continue. Plaintiffs application is GRANTED IN PART: (1) The deadline for Defendants to file responsive papers to Plaintiffs request for the issuance of a preliminary injunction is extended from February 10, 2023, to February 24, 2023; (2) The preliminary injunction hearing set for February 13, 2023, is adjourned to February 24, 2023, with additional scheduling information to follow under separate Order; and (3) The restraints imposed by the Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order (ECF No. 23), currently set to expire on February 14, 2023, shall remain in effect until February 24, 2023. Pursuant to Federal Rule of Civil Procedure 65(b)(2), the Court finds that good cause exists for an extension-namely, to provide the Marketplace Platforms additional time to comply with their discovery obligations pursuant to the Court's Order (id. at 9), in turn enabling Plaintiff to identify and verify Defendants' contact information and, ultimately, effectuate service of process. The Clerk of Court is directed to terminate ECF No. 25. SO ORDERED.. (Signed by Judge Jennifer H. Rearden on 2/10/2023) (jca) Modified on 2/10/2023 (jca).
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Filing 25
LETTER MOTION to Continue Preliminary Injunction Hearing to a later date addressed to Judge Jennifer H. Rearden from David E. Hutchinson dated February 8, 2023. Document filed by The Kyjen Company, LLC..(Hutchinson, David)
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Filing 24
ORDER: IT IS HEREBY ORDERED that a hearing will be held, via Microsoft Teams, on February 13, 2023 at 11:30 AM, regarding Plaintiff's application for a preliminary injunction. Counsel will receive log-in credentials via e-mail. The public listen-only line may be accessed by dialing (646) 453-4442 and entering Conference ID: 909 116 627#. SO ORDERED., ( Telephone Conference set for 2/13/2023 at 11:30 AM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 2/02/2023) (ama)
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Filing 23
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 cause has been shown, Defendants are temporarily enjoined and restrained from engaging in any of the following conduct pending the return date of the Application. The Clerk of the 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. IT IS FURTHER ORDERED that a hearing shall be held on February 13, 2023 at 11:30 a.m. which Plaintiff may present its arguments in support of its request for issuance of a preliminary injunction. At such time, any Defendants may also be heard as to opposition to Plaintiffs Application. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before February 10, 2023, at 9:00 a.m. This Temporary Restraining Order without notice is entered at 5:00 p.m. on January 31, 2023, and shall remain in effect for fourteen (14) days. IT IS FURTHER ORDERED that Defendants are hereby given notice that failure to appear the show cause hearing scheduled above may result in the imposition of a preliminary injunction against them pursuant to Fed. R. Civ. P. 65, which may take effect immediately upon the expiration of this Order, and may extend throughout the length of the litigation under the same terms and conditions set forth in this Order. SO ORDERED. (Show Cause Hearing set for 2/13/2023 at 11:30 AM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 1/31/2023) (jca) Transmission to Civil Case Openings Clerk for processing. Transmission to Finance Unit (Cashiers) for processing.
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Filing 22
ORDER granting #11 Letter Motion to Seal (HEREBY ORDERED by Judge Jennifer H. Rearden)(Text Only Order) (kwi)
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Filing 21
ORDER granting #14 Letter Motion for Leave to File Excess Pages (HEREBY ORDERED by Judge Jennifer H. Rearden)(Text Only Order) (kwi)
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Minute Entry for proceedings held before Judge Jennifer H. Rearden: Telephone Conference held on 1/27/2023 at 4:00 PM. Counsel for plaintiff present. (Court Reporter present) (kh)
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Filing 20
ORDER FOR ADMISSION PRO HAC VICE granting #19 MOTION for David E. Hutchinson to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Jennifer H. Rearden on 1/27/2023) (jca)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for David E. Hutchinson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27254993. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 19
MOTION for David E. Hutchinson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27254993. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Kyjen Company, LLC. (Attachments: #1 Affidavit David Hutchinson Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Supplement D. Hutchinson Certificate of Good Standing (IL), #3 Supplement D. Hutchinson Certificate of Good Standing (MA), #4 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Hutchinson, David)
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Filing 18
ORDER: IT IS HEREBY ORDERED that the Plaintiff shall appear for a video conference, via Microsoft Teams, on January 27, 2022 at 4:00 PM, to address, among other things, the application for the temporary restraining order and alternative service. Plaintiff shall be prepared to address the court's decision with respect to service in Smart Study Co. v. Acuteye-Us, No. 21-CV-5860-GHW, 2022 WL 2872297 (S.D.N.Y. July 21, 2022). Plaintiff will receive log-incredentials via the e-mail information provided on the docket. The public listen-only line may be accessed by dialing 646-453-4442 and entering Conference ID: 726 743 363#. SO ORDERED., ( Telephone Conference set for 1/27/2023 at 04:00 PM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 1/25/2023) (ama)
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Filing 17
AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(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)..(jgo)
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Filing 16
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)..(jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Anna Iskikian. The party information for the following party/parties has been modified: THE KYJEN COMPANY, LLC; THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Anna Iskikian. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:44; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1114; the County code has been modified to XX Out of State;. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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..(jgo)
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Magistrate Judge Sarah Netburn 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. (jgo)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #15 Proposed Order was reviewed and approved as to form. (tp)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd)
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Case Designated ECF. (jgo)
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Filing 15
PROPOSED ORDER. Document filed by THE KYJEN COMPANY, LLC. Related Document Number: #14 ..(Iskikian, Anna) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 14
MOTION for Leave to File Excess Pages Plaintiff's Motion to Exceed Page Limitation Re Motion for Entry of a Temporary Restraining Order. Document filed by THE KYJEN COMPANY, LLC..(Iskikian, Anna)
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Filing 13
***EX-PARTE***REDACTION to #10 Declaration in Support, of Proposed Order to Show Cause with Emergency Relief by THE KYJEN COMPANY, LLC (Attachments: #1 Exhibit 3 (Part 1 of 26), #2 Exhibit 3 (Part 2 of 26), #3 Exhibit 3 (Part 3 of 26), #4 Exhibit 3 (Part 4 of 26), #5 Exhibit 3 (Part 5 of 26), #6 Exhibit 3 (Part 6 of 26), #7 Exhibit 3 (Part 7 of 26), #8 Exhibit 3 (Part 8 of 26), #9 Exhibit 3 (Part 9 of 26), #10 Exhibit 3 (Part 10 of 26), #11 Exhibit 3 (Part 11 of 26), #12 Exhibit 3 (Part 12 of 26), #13 Exhibit 3 (Part 13 of 26), #14 Exhibit 3 (Part 14 of 26), #15 Exhibit 3 (Part 15 of 26), #16 Exhibit 3 (Part 16 of 26), #17 Exhibit 3 (Part 17 of 26), #18 Exhibit 3 (Part 18 of 26), #19 Exhibit 3 (Part 19 of 26), #20 Exhibit 3 (Part 20 of 26), #21 Exhibit 3 (Part 21 of 26), #22 Exhibit 3 (Part 22 of 26), #23 Exhibit 3 (Part 23 of 26), #24 Exhibit 3 (Part 24 of 26), #25 Exhibit 3 (Part 25 of 26), #26 Exhibit 3 (Part 26 of 26))Motion or Order to File Under Seal: #11 .(Iskikian, Anna)
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Filing 12
***EX-PARTE***REDACTION to #1 Complaint, Schedule A by THE KYJEN COMPANY, LLCMotion or Order to File Under Seal: #12 .(Iskikian, Anna)
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Filing 11
MOTION to Seal Schedule A to Complaint and Exhibit 3 to the Declaration of Evanka Herbers. Document filed by THE KYJEN COMPANY, LLC..(Iskikian, Anna)
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Filing 10
DECLARATION of Evanka Herbers in Support re: #7 Proposed Order to Show Cause With Emergency Relief. Document filed by THE KYJEN COMPANY, LLC. (Attachments: #1 Exhibit 1 - Trademarks, #2 Exhibit 2 - Patents, #3 Exhibit 3 - Provisionally Filed Under Seal).(Iskikian, Anna)
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Filing 9
DECLARATION of Anna Iskikian in Support re: #7 Proposed Order to Show Cause With Emergency Relief. Document filed by THE KYJEN COMPANY, LLC. (Attachments: #1 Exhibit 1 (Jan 2011 Mark Monitor), #2 Exhibit 2 (2020 IP Rights Seizures Stat 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)).(Iskikian, Anna)
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Filing 8
MEMORANDUM OF LAW in Support re: #7 Proposed Order to Show Cause With Emergency Relief . Document filed by THE KYJEN COMPANY, LLC..(Iskikian, Anna)
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Filing 7
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by THE KYJEN COMPANY, LLC. Related Document Number: #1 ..(Iskikian, Anna) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 6
AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Iskikian, Anna)
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Filing 5
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Iskikian, Anna)
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Filing 4
NOTICE OF APPEARANCE by Anna Iskikian on behalf of THE KYJEN COMPANY, LLC..(Iskikian, Anna)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by THE KYJEN COMPANY, LLC..(Iskikian, Anna)
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Filing 2
CIVIL COVER SHEET filed..(Iskikian, Anna)
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Filing 1
COMPLAINT against THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT. (Filing Fee $ 402.00, Receipt Number ANYSDC-27245751)Document filed by THE KYJEN COMPANY, LLC. (Attachments: #1 Exhibit 1 - Trademarks, #2 Exhibit 2 - Patents, #3 Exhibit 3 - Provisionally Filed Underseal - Schedule A).(Iskikian, Anna)
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