Telebrands Corp. v. Anhuidongtuojianshegongchengyouxiangongsi et al
| Telebrands Corp. |
| Anhuidongtuojianshegongchengyouxiangongsi doing business as GFW Online, Dayejiangongjituanyouxianzerengongsi doing business as Hogel, Jiaozuolongjinshangmaoyouxiangongsi doing business as AlanM, Shenzhenshibanloumingkejiyouxiangongsi doing business as ROARINGWILD, Wu Han He Yi Lun Shang Mao You Xian Gong Si doing business as yilunmaoxianfdshhehan, Wuhanshiqianlei Shangmao Youxiangongsi doing business as Lyckis--US and Yanchao doing business as Castle Trading Co. |
| 1:2023cv01982 |
| March 8, 2023 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 CLERK'S CERTIFICATE OF DEFAULT as to Attachment A.(km) |
| Filing 23 DECLARATION of Kerry B. Brownlee in Support re: #22 Proposed Clerk's Certificate of Default. Document filed by Telebrands Corp.. (Attachments: #1 Exhibit 1 (Summons), #2 Exhibit 2 (Affidavit of Service)).(Brownlee, Kerry) |
| Filing 22 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Telebrands Corp...(Brownlee, Kerry) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 5/5/2023 (km). |
| Filing 21 AFFIDAVIT OF SERVICE of Preliminary Injunction Order served on Anhuidongtuojianshegongchengyouxiangongsi d/b/a GFW Online; Dayejiangongjituanyouxianzerengongsi d/b/a/ Hogel; Jiaozuolongjinshangmaoyouxiangongsi d/b/a AlanM; Shenzhenshibanloumingkejiyouxiangongsi d/b/a ROARINGWILD; Wu Han He Yi Lun Shang Mao You Xian Gong Si d/b/a yilunmaoxianfdshhehan; Wuhanshiqianlei Shangmao Youxiangongsi d/b/a Lyckis--US; and Yanchao d/b/a Castle Trading Co. on April 18, 2023. Document filed by Telebrands Corp...(Brownlee, Kerry) |
Filing 20
PRELIMINARY INJUNCTION ORDER: The injunctive relief previously granted in the TRO shall remain in place through the pendency of this litigation, and issuing this Order is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the Lanham Act. a) Accordingly, Defendants 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: as further set forth herein. As sufficient cause has been shown, that such alternative service by electronic means ordered in the TRO and herein shall be deemed effective as to Defendants, Third Party Service Providers and Financial Institutions through the pendency of this action. Defendants are hereby given notice that they may be deemed to have actual notice of the terms of this Order and any act by them or anyone of them in violation of this Order may be considered and prosecuted as in contempt of this Court. The $5,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. This Order shall remain in effect during the pendency of this action, or until further order of the Court. 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 the Court. SO ORDERED. (Signed by Judge Jed S. Rakoff on 4/18/2023) (kv) Transmission to Finance Unit (Cashiers) for processing.
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Injunction Hearing held on 4/18/2023, ( Default Hearing set for 5/19/2023 at 09:00 AM before Judge Jed S. Rakoff in courtroom 14B of 500 Pearl Street.). (Kotowski, Linda) |
| Filing 19 PROPOSED ORDER. Document filed by Telebrands Corp.. Related Document Number: #17 ..(Brownlee, Kerry) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #19 Proposed Order was reviewed and approved as to form. (km) |
| Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,. Anhuidongtuojianshegongchengyouxiangongsi served on 4/12/2023, answer due 5/3/2023; Dayejiangongjituanyouxianzerengongsi served on 4/12/2023, answer due 5/3/2023; Jiaozuolongjinshangmaoyouxiangongsi served on 4/12/2023, answer due 5/3/2023; Shenzhenshibanloumingkejiyouxiangongsi served on 4/12/2023, answer due 5/3/2023; Wu Han He Yi Lun Shang Mao You Xian Gong Si served on 4/12/2023, answer due 5/3/2023; Wuhanshiqianlei Shangmao Youxiangongsi served on 4/12/2023, answer due 5/3/2023; Yanchao served on 4/12/2023, answer due 5/3/2023. Document filed by Telebrands Corp.., AFFIDAVIT OF SERVICE of TRO and all supporting documents, and Judge Rakoffs Notice of Court Conference and Individual Rules served on Anhuidongtuojianshegongchengyouxiangongsi d/b/a GFW Online; Dayejiangongjituanyouxianzerengongsi d/b/a/ Hogel; Jiaozuolongjinshangmaoyouxiangongsi d/b/a AlanM; Shenzhenshibanloumingkejiyouxiangongsi d/b/a ROARINGWILD; Wu Han He Yi Lun Shang Mao You Xian Gong Si d/b/a yilunmaoxianfdshhehan; Wuhanshiqianlei Shangmao Youxiangongsi d/b/a Lyckis--US; and Yanchao d/b/a Castle Trading Co. on 4/12/2023 and 4/13/2023. Document filed by Telebrands Corp...(Brownlee, Kerry) |
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Filing 17
NOTICE OF COURT CONFERENCE: Judge Rakoff has ordered that counsel for all parties attend a hearing on a preliminary injunction, at the time fixed below, to report the status of this litigation and to consider other relevant matters. (as further set forth herein). Status Conference set for 4/18/2023 at 12:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 4/7/2023) (kv)
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| Filing 16 MOTION to Exceed Page Limit re: #12 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Telebrands Corp.. (Attachments: #1 Text of Proposed Order Granting Motion to Exceed Page Limit).(Brownlee, Kerry) |
| Filing 15 DECLARATION of Jason M. Drangel in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Telebrands Corp.. (Attachments: #1 Exhibit A, Examples of Defendants' Infringing Listings, #2 Exhibit B, Order Confirmations for Test Purchases, #3 Exhibit C, Photos of Infringing Products, #4 Exhibit D, Transcript of Hearing in 21-cv-5146 (KPF)).(Brownlee, Kerry) |
| Filing 14 DECLARATION of Bala Iyer in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Telebrands Corp.. (Attachments: #1 Exhibit A, Images of Examples of Authentic Ruby Space Triangles Product, #2 Exhibit B, Ruby Space Triangles Registration and Ruby Space Triangles Application, #3 Exhibit C, Copyright Registrations for Ruby Space Triangles Works).(Brownlee, Kerry) |
| Filing 13 MEMORANDUM OF LAW in Support re: #12 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Telebrands Corp...(Brownlee, Kerry) |
| Filing 12 EMERGENCY MOTION for Temporary Restraining Order . Document filed by Telebrands Corp.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Application for Temporary Restraining Order).(Brownlee, Kerry) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Anhuidongtuojianshegongchengyouxiangongsi, Dayejiangongjituanyouxianzerengongsi, Jiaozuolongjinshangmaoyouxiangongsi, Shenzhenshibanloumingkejiyouxiangongsi, Wu Han He Yi Lun Shang Mao You Xian Gong Si, Wuhanshiqianlei Shangmao Youxiangongsi, Yanchao..(jgo) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Anhuidongtuojianshegongchengyouxiangongsi d/b/a GFW Online; Dayejiangongjituanyouxianzerengongsi d/b/a/ Hogel; Jiaozuolongjinshangmaoyouxiangongsi d/b/a AlanM; Shenzhenshibanloumingkejiyouxiangongsi d/b/a ROARINGWILD; Wu Han He Yi Lun Shang Mao You Xian Gong Si d/b/a yilunmaoxianfdshhehan; Wuhanshiqianlei Shangmao Youxiangongsi d/b/a Lyckis--US; and Yanchao d/b/a Castle Trading Co., re: #1 Complaint,,,,. Document filed by Telebrands Corp...(Brownlee, Kerry) |
| Filing 9 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights..(jgo) |
| Filing 8 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Barbara C. Moses 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kerry Brenae Brownlee to RE-FILE Document No. #6 Request for Issuance of 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; the attachment was not included;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 7 NOTICE OF APPEARANCE by Jason M. Drangel on behalf of Telebrands Corp...(Drangel, Jason) |
| Filing 6 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Anhuidongtuojianshegongchengyouxiangongsi d/b/a GFW Online; Dayejiangongjituanyouxianzerengongsi d/b/a/ Hogel; Jiaozuolongjinshangmaoyouxiangongsi d/b/a AlanM; Shenzhenshibanloumingkejiyouxiangongsi d/b/a ROARINGWILD; Wu Han He Yi Lun Shang Mao You Xian Gong Si d/b/a yilunmaoxianfdshhehan; Wuhanshiqianlei Shangmao Youxiangongsi d/b/a Lyckis--US; and Yanchao d/b/a Castle Trading Co., re: #1 Complaint,,,,. Document filed by Telebrands Corp...(Brownlee, Kerry) Modified on 3/9/2023 (jgo). |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Telebrands Corp...(Brownlee, Kerry) |
| Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Brownlee, Kerry) |
| Filing 3 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Brownlee, Kerry) |
| Filing 2 CIVIL COVER SHEET filed..(Brownlee, Kerry) |
| Filing 1 COMPLAINT against Anhuidongtuojianshegongchengyouxiangongsi, Dayejiangongjituanyouxianzerengongsi, Jiaozuolongjinshangmaoyouxiangongsi, Shenzhenshibanloumingkejiyouxiangongsi, Wu Han He Yi Lun Shang Mao You Xian Gong Si, Wuhanshiqianlei Shangmao Youxiangongsi, Yanchao. (Filing Fee $ 402.00, Receipt Number ANYSDC-27441233)Document filed by Telebrands Corp.. (Attachments: #1 Exhibit A, Images of Examples of Authentic Ruby Space Triangles Product, #2 Exhibit B, Ruby Space Triangles Registration and Ruby Space Triangles Application, #3 Exhibit C, Copyright Registrations for Ruby Space Triangles Works, #4 Exhibit D, Screenshots of Plaintiff's Website Homepage, #5 Exhibit E, Screenshots of Plaintiff's Amazon Storefront, #6 Exhibit F, Screenshots of Examples of Defendants' Listings for Infringing Products, #7 Exhibit G, Order Confirmations for Test Purchases of Defendants' Infringing Products, #8 Exhibit H, Images of Infringing Products Received).(Brownlee, Kerry) |
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