Life Vac LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint
| Life Vac LLC |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint, pr0_deal (132), anthony03-t (79), gshz789521 (99), jianren_51 (106), jiawa_759 (107), smartlife-85 (140), starev_7 (145), starling_60 (147), Plimida (55), STSM-US (62), laimaihd (115), ma2duoduotongzhoumall (122), marieduoduotech549 (124), nasb15 (128), prostore-98 (133), simworkhk (137), starever5 (146), zhouzhouworld (164), AirwayAssist (1), Anti-choking.com (2), Changzhou Xc Medico Technology Co., Ltd. (3), Shenzhen Jorpad Technology Co., Ltd. (4), 209 Shopping Store (5), Ali-Students Supplies Store (6), BTSHOME Store (7), BTSSPORT Store (8), Buytra Electronic Store (9), Children & Men Store (10), Electronic Office Store (11), for your dolls Store (12), FUN DAY Store (13), Health Life Hall Store (14), HNKMP Art Store (15), HNKMP Sunlight Official Store (16), KuZHEN KuZHEN Official Store (17), KuZHEN Maku Up Store (18), Last Dance Store (19), Merry Future Store (20), Multi-category Dropshipping Store (21), mypuzzle Store (22), Shop911052074 Store (23), Sunny Chou Commercial Store (24), adaleeben (25), Andylook (26), Ansenfun (27), BANXIASHANGHANG (28), baotinghanbankejiyouxiangongsi (29), beilifeiman (30), Benjen (31), changchunshiniqingrongshangmaoyouxiangongsi (32), Cshun-us (33), doamlady (34), Givemedan (35), Haedaxua-US (36), HAOKEY (37), Hilarious Direct Store (38), HuaWeiXinYi (39), Jectse us (40), Jfan US (41), JuYuanBaiHuoShangDian (42), LCJQ (43), LifeVac-UK (44), LiYaWenhiQiaoChengQ (45), luqeeg (46), MengGuiPing1 (47), MingShangKe (48), Missfeel (49), MOXI (50), Muhammad Naeem123 (51), Muxizac-US (52), PaiKa (53), Plauere-us (54), pongfeinyue (56), qczj (57), Qiu Hai grocery store (58), qujingqilinqufengkangshangmaoyouxiangongsi (59), SIXIN-US (60), smalloutdoor (61), sunying20211220 (63), tangyaosd (64), Vikye-H (65), wangjianyang001 (66), Weiyirot (67), WSKJ STORE (68), Xiliang-USA (69), XuDGG (70), YMaJinYi (71), YUEZHIMAOYI (72), Yunir-US (73), Zackite (74), ZQchao (75), (76), 7christy (77), amazingshop-99 (78), apple126liping (80), b2c.us.b2c (81), benjaki_59 (82), best_tiger (83), beyo_5639 (84), boysgirlsnew-03 (85), cara_3559 (86), chanliang (87), cheerful998 (88), chun.hong (89), comtpl230112 (90), df272-16 (91), dot_door (92), double_deals99 (93), dreamflywo-10 (94), dsvrt67 (95), fashiondealsday-020 (96), fordea_979 (97), fortunesunday (98), haidongc (100), hanra2775 (101), homede1218 (102), hongtai-jewelry (103), itechcool (104), jayn34 (105), jingjingttg8 (108), jockingbar5 (109), joseyjosey1113 (110), kamyo_17 (111), kamyo-34 (112), kimkh40 (113), kjhdsjhfrr (114), lesim-497505 (116), liam4680 (117), limansky-125 (118), lion17tiger (119), loving_stuff (120), luckyseller-33 (121), maijiale2022 (123), mida2701 (125), mohaelh-4296 (126), nainysy (127), nemni2013 (129), omrivr96 (130), phili_66 (131), qi886tian (134), rangb_1 (135), shi23818-32 (136), skymomentstore-04 (138), skynetfps (139), smoothpassageco0 (141), snugmarket (142), softpro1-6 (143), sopdf45 (144), surpriseonline-077 (148), tabby4656 (149), tang0715 (150), the_bright_star (151), the-best-for-you3 (152), uud189 (153), vidkysfytw (154), weizai7 (155), wentusa (156), wik26mwang_op (157), xiu-zhang (158), yarin18900 (159), zackerygreen2 (160), zedouaut (161), zhen_2506 (162), zhijiangshixiaqians0 (163), haulinferen (165), Home Medic (166), LifeVacSaver (167), novaig (168), SurpirseNook (169), Tintedfun.co (170), Blibly (171), Erdetai Network Technology (172), Good deals store (173), Hongertu E-commerce Co.Ltd (174), Juetule E-commerce Co.Ltd (175), Life Vac (176) and wei lan (177) |
| 1:2023cv02013 |
| March 9, 2023 |
| U.S. District Court for the Southern District of New York |
| Andrew L Carter |
| Copyright |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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Filing 40
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS. Pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), plaintiff Life Vac LLC voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice as further set forth in this Order. SO ORDERED, (Hongertu E-commerce Co.Ltd (174), Juetule E-commerce Co.Ltd (175), YMaJinYi (71), ZQchao (75), fordea_979 (97), wei lan (177), wei lan (177), Erdetai Network Technology (172) and Good deals store (173) terminated.) (Signed by Judge Andrew L. Carter, Jr on 5/1/23) (yv)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #39 Notice of Voluntary Dismissal, was reviewed and referred to Judge Andrew L. Carter, Jr. 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) |
| Filing 39 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) YMaJinYi (71), ZQchao (75), fordea_979 (97), Erdetai Network Technology (172), Good deals store (173), Hongertu E-commerce Co.Ltd (174), Juetule E-commerce Co.Ltd (175), wei lan (177). Document filed by Life Vac LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Tom, Christopher) |
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Filing 38
PLAINTIFFS' 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 Life Vac LLC voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice. SO ORDERED. cara_3559 (86), kamyo-34 (112), kjhdsjhfrr (114), qi886tian (134), tabby4656 (149), vidkysfytw (154), sopdf45 (144), dot_door (92), kamyo_17 (111), phili_66 (131), Changzhou Xc Medico Technology Co., Ltd. (3), 7christy (77), jockingbar5 (109), chun.hong (89), nainysy (127), lion17tiger (119), zedouaut (161), apple126liping (80), jingjingttg8 (108), xiu-zhang (158), kimkh40 (113), zhen_2506 (162), Jfan US (41)., Benjen (31), Benjen (31), Changzhou Xc Medico Technology Co., Ltd. (3), Changzhou Xc Medico Technology Co., Ltd. (3), Jfan US (41), Jfan US (41), apple126liping (80), apple126liping (80), cara_3559 (86), chun.hong (89), chun.hong (89), dot_door (92), dot_door (92), jingjingttg8 (108), jingjingttg8 (108), jockingbar5 (109), jockingbar5 (109), kamyo-34 (112), kamyo_17 (111), kamyo_17 (111), kimkh40 (113), kimkh40 (113), kjhdsjhfrr (114), kjhdsjhfrr (114), lion17tiger (119), lion17tiger (119), nainysy (127), nainysy (127), phili_66 (131), phili_66 (131), qi886tian (134), qi886tian (134), sopdf45 (144), sopdf45 (144), tabby4656 (149), tabby4656 (149), vidkysfytw (154), vidkysfytw (154), xiu-zhang (158), xiu-zhang (158), zedouaut (161), zedouaut (161), zhen_2506 (162), zhen_2506 (162), 7christy (77) and 7christy (77) terminated. (Signed by Judge Andrew L. Carter, Jr on 4/25/2023) (ate)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #37 Notice of Voluntary Dismissal, was reviewed and referred to Judge Andrew L. Carter, Jr. 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) |
| Filing 37 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) Changzhou Xc Medico Technology Co., Ltd. (3), Benjen (31), Jfan US (41), 7christy (77), apple126liping (80), cara_3559 (86), chun.hong (89), dot_door (92), jingjingttg8 (108), jockingbar5 (109), kamyo_17 (111), kamyo-34 (112), kimkh40 (113), kjhdsjhfrr (114), lion17tiger (119), nainysy (127), phili_66 (131), qi886tian (134), sopdf45 (144), tabby4656 (149), vidkysfytw (154), xiu-zhang (158), zedouaut (161), zhen_2506 (162). Document filed by Life Vac LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Tom, Christopher) |
| Filing 36 STATUS REPORT. Document filed by Life Vac LLC..(Tom, Christopher) |
| ADD PARTY FOR PLEADING. Defendants/Respondents 7christy (77), amazingshop-99 (78), anthony03-t (79), apple126liping (80), b2c.us.b2c (81), benjaki_59 (82), best_tiger (83), beyo_5639 (84), boysgirlsnew-03 (85), cara_3559 (86), chanliang (87), cheerful998 (88), chun.hong (89), comtpl230112 (90), df272-16 (91), dot_door (92), double_deals99 (93), dreamflywo-10 (94), dsvrt67 (95), fashiondealsday-020 (96), fordea_979 (97), fortunesunday (98), gshz789521 (99), haidongc (100), hanra2775 (101), homede1218 (102), hongtai-jewelry (103), itechcool (104), jayn34 (105), jianren_51 (106), jiawa_759 (107), jingjingttg8 (108), jockingbar5 (109), joseyjosey1113 (110), kamyo_17 (111), kamyo-34 (112), kimkh40 (113), kjhdsjhfrr (114), laimaihd (115), lesim-497505 (116), liam4680 (117), limansky-125 (118), lion17tiger (119), loving_stuff (120), luckyseller-33 (121), ma2duoduotongzhoumall (122), maijiale2022 (123), marieduoduotech549 (124), mida2701 (125), mohaelh-4296 (126), nainysy (127), nasb15 (128), nemni2013 (129), omrivr96 (130), phili_66 (131), pr0_deal (132), prostore-98 (133), qi886tian (134), rangb_1 (135), shi23818-32 (136), simworkhk (137), skymomentstore-04 (138), skynetfps (139), smartlife-85 (140), smoothpassageco0 (141), snugmarket (142), softpro1-6 (143), sopdf45 (144), starev_7 (145), starever5 (146), starling_60 (147), surpriseonline-077 (148), tabby4656 (149), tang0715 (150), the_bright_star (151), the-best-for-you3 (152), uud189 (153), vidkysfytw (154), weizai7 (155), wentusa (156), wik26mwang_op (157), xiu-zhang (158), yarin18900 (159), zackerygreen2 (160), zedouaut (161), zhen_2506 (162), zhijiangshixiaqians0 (163), zhouzhouworld (164), haulinferen (165), Home Medic (166), LifeVacSaver (167), novaig (168), SurpirseNook (169), Tintedfun.co (170), Blibly (171), Erdetai Network Technology (172), Good deals store (173), Hongertu E-commerce Co.Ltd (174), Juetule E-commerce Co.Ltd (175), Life Vac (176), wei lan (177) added. Party added pursuant to #1 Complaint,.Document filed by Life Vac LLC. Related document: #1 Complaint,..(Tom, Christopher) |
| ADD PARTY FOR PLEADING. Defendants/Respondents AirwayAssist (1), Anti-choking.com (2), Changzhou Xc Medico Technology Co., Ltd. (3), Shenzhen Jorpad Technology Co., Ltd. (4), 209 Shopping Store (5), Ali-Students Supplies Store (6), BTSHOME Store (7), BTSSPORT Store (8), Buytra Electronic Store (9), Children & Men Store (10), Electronic Office Store (11), for your dolls Store (12), FUN DAY Store (13), Health Life Hall Store (14), HNKMP Art Store (15), HNKMP Sunlight Official Store (16), KuZHEN KuZHEN Official Store (17), KuZHEN Maku Up Store (18), Last Dance Store (19), Merry Future Store (20), Multi-category Dropshipping Store (21), mypuzzle Store (22), Shop911052074 Store (23), Sunny Chou Commercial Store (24), adaleeben (25), Andylook (26), Ansenfun (27), BANXIASHANGHANG (28), baotinghanbankejiyouxiangongsi (29), beilifeiman (30), Benjen (31), changchunshiniqingrongshangmaoyouxiangongsi (32), Cshun-us (33), doamlady (34), Givemedan (35), Haedaxua-US (36), HAOKEY (37), Hilarious Direct Store (38), HuaWeiXinYi (39), Jectse us (40), Jfan US (41), JuYuanBaiHuoShangDian (42), LCJQ (43), LifeVac-UK (44), LiYaWenhiQiaoChengQ (45), luqeeg (46), MengGuiPing1 (47), MingShangKe (48), Missfeel (49), MOXI (50), Muhammad Naeem123 (51), Muxizac-US (52), PaiKa (53), Plauere-us (54), Plimida (55), pongfeinyue (56), qczj (57), Qiu Hai grocery store (58), qujingqilinqufengkangshangmaoyouxiangongsi (59), SIXIN-US (60), smalloutdoor (61), STSM-US (62), sunying20211220 (63), tangyaosd (64), Vikye-H (65), wangjianyang001 (66), Weiyirot (67), WSKJ STORE (68), Xiliang-USA (69), XuDGG (70), YMaJinYi (71), YUEZHIMAOYI (72), Yunir-US (73), Zackite (74), ZQchao (75), (76) added. Party added pursuant to #1 Complaint,.Document filed by Life Vac LLC. Related document: #1 Complaint,..(Tom, Christopher) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #35 Notice of Voluntary Dismissal, was reviewed and referred to Judge Andrew L. Carter, Jr. 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) |
| 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) Plimida (55), STSM-US (62), laimaihd (115), ma2duoduotongzhoumall (122), marieduoduotech549 (124), nasb15 (128), prostore-98 (133), simworkhk (137), starever5 (146), zhouzhouworld (164). Document filed by Life Vac LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Tom, Christopher) |
| Filing 34 MEMO ENDORSEMENT on re: #30 Letter filed by Life Vac LLC. ENDORSEMENT: In accordance with the TRO entered on March 9, 2023, Plaintiff requests to unseal Schedule A to the Complaint and Exhibit 3 to the Declaration of Michael Plunkett at ECF Nos. 13, 14-1 to 14-60, 17-1 to 17-60, 18-1 to 18-80, and 19-1 to 19-14. The Clerk of the Court is respectfully directed to unseal these documents and to modify the viewing level restrict to "public." (Signed by Judge Andrew L. Carter, Jr on 4/17/2023) (ate) |
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Filing 33
PLAINTIFFS' 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 Life Vac LLC, voluntarily dismisses the following Defendant listed on Schedule A to the Complaint without prejudice. SO ORDERED. pr0_deal (132) terminated. (Signed by Judge Andrew L. Carter, Jr on 4/17/2023) (ate)
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Filing 32
PLAINTIFFS' 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)(l)(A)(i), Plaintiff Life Vac LLC voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice. SO ORDERED. jianren_51 (106), jiawa_759 (107), smartlife-85 (140), starev_7 (145), starling_60 (147), anthony03-t (79) and gshz789521 (99) terminated. (Signed by Judge Andrew L. Carter, Jr on 4/17/2023) (ate)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #31 Notice of Voluntary Dismissal, was reviewed and referred to Judge Andrew L. Carter, Jr. 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) |
| Filing 31 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) anthony03-t (79), gshz789521 (99), jianren_51 (106), jiawa_759 (107), smartlife-85 (140), starev_7 (145), starling_60 (147). Document filed by Life Vac LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Tom, Christopher) |
| Filing 30 LETTER addressed to Judge Andrew L. Carter, Jr. from Christopher Tom dated April 10, 2023 re: Unsealing Filings. Document filed by Life Vac LLC..(Tom, Christopher) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #28 Notice of Voluntary Dismissal, was reviewed and referred to Judge Andrew L. Carter, Jr. 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) |
| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Order to Show Cause Hearing for Preliminary Injunction held on 4/6/2023. Christopher Tom for Plaintiff(S). See Docket No. 29 for complete details. (tdh) |
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Filing 29
ORDER: As discussed during today's hearing, the Court hereby GRANTS Plaintiff's request for a preliminary injunction. The Plaintiff is directed to file a letter on or by April 10, 2023 indicating which documents will be unsealed. If Plaintiff believes these documents need to remain under seal, then the Plaintiff is directed to include arguments in support of continued sealing in its letter. Plaintiff is also ORDERED to provide a status update on this matter on or by April 20, 2023. (Signed by Judge Andrew L. Carter, Jr on 4/6/2023) (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, against the defendant(s) pr0_deal (132). Document filed by Life Vac LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Tom, Christopher) |
| Filing 27 SUMMONS RETURNED EXECUTED Summons and Complaint, served. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint served on 3/31/2023, answer due 4/21/2023. Document filed by Life Vac LLC..(Tom, Christopher) |
| SUMMONS ISSUED.(gp) |
| CASHIERS OFFICE REGISTRY DEPOSIT as per #23 Order to Show Cause, dated 3/9/2023, from Judge Andrew L. Carter, Jr, received $$5,000.00 from Life Vac LLC Receipt Number NYSCCA23-00221 on 3/21/2023. (cde) |
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Filing 26
ORDER: The Court hereby clarifies its Order dated March 17, 2023. ECF No. 25. Defendants' deadline to file opposing papers to Plaintiff's request for a preliminary injunction is April 5, 2023 at 5:00 PM eastern time. The telephonic preliminary injunction hearing is scheduled for April 6, 2023 at 4:00 PM eastern time. All parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Responses due by 4/5/2023) (Signed by Judge Andrew L. Carter, Jr on 3/20/2023) (ate)
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Filing 25
ORDER granting #24 Letter Motion to Continue. Plaintiffs request for a fourteen day extension of the TRO is hereby GRANTED. Defendants' deadline to file opposing papers to Plaintiffs request for a preliminary injunction are due March 23, 2023 at 5:00pm eastern time. The telephonic preliminary injunction hearing is scheduled for April 6, 2023 at 4:00pm eastern time. (Signed by Judge Andrew L. Carter, Jr on 3/17/2023) (ate)
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| Filing 24 LETTER MOTION to Continue Preliminary Injunction Hearing to a later date addressed to Judge Andrew L. Carter, Jr. from Christopher Tom dated March 17, 2023. Document filed by Life Vac LLC..(Tom, Christopher) |
| Set/Reset Deadlines: ( Responses due by 3/23/2023), Set/Reset Hearings:( Telephone Conference set for 4/6/2023 at 04:00 PM before Judge Andrew L. Carter Jr.) (ate) |
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Filing 23
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER, Plaintiff's Application is hereby GRANTED and it is ORDERED as follows: As sufficient causes has 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: a. Using the LIFEV AC Copyrights and/or the LIFEV AC 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; Passing off, inducing, or enabling others to sell or pass off any product as a genuine Life Vac Product that is not, in fact, Plaintiffs LIFEVAC Product and/or not produced under the authorization, control, or supervision of Plaintiff and approved by Plaintiff for sale under the LIFEVAC Copyrights and/or the LIFEVAC Trademark; c. Committing any acts calculated to cause consumers to believe that Defendants' Counterfeit Products are those sold under the authorization, control, or supervision of Plaintiff, or are sponsored by, approved by, or otherwise connected with Plaintiff and as further set forth in this Order. 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, Defendants and any persons in active concert or participation with them who have actual notice of this Order shall be temporarily restrained and enjoined from transferring or disposing of any money or other of Defendants' assets until further ordered by this Court. 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, company check, 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 3 to the Declaration of Michael Plunkett 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 3 to the Declaration of Michael Plunkett using the CM/ECF system prior to the expiration of this Order. IT IS FURTHER ORDERED that a telephonic hearing shall be held on March 23, 2023 at 3:00 PM eastern time 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. The Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before March 22, 2023 at 5:00 PM eastern time. This Temporary Restraining Order without notice is hereby entered on March 9, 2023, and shall remain in effect for fourteen (14) days. SO ORDERED. Motions terminated: #12 MOTION to Seal Schedule A to Complaint and Exhibit 3 to the Declaration of Michael Plunkett. filed by Life Vac LLC., ( Responses due by 3/22/2023, Telephone Conference set for 3/23/2023 at 03:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 3/9/23) (yv) Transmission to Civil Case Openings Clerk for processing. Transmission to Finance Unit (Cashiers) for processing.
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Filing 22
ORDER TO EXCEED PAGE LIMIT granting #20 Motion for Leave to File Document. It is hereby ORDERED that Plaintiff may submit a memorandum of law in support of its ex parte application for entry of an order to show cause with a temporary restraining order and other relief in excess of the page limitations that may be set by the Court, and in the form attached to the Motion as Exhibit A. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/9/23) (yv)
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| Filing 21 PROPOSED ORDER. Document filed by Life Vac LLC. Related Document Number: #20 ..(Tom, Christopher) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 20 MOTION for Leave to File Excess Pages (Application for Entry of Temporary Restraining Order) . Document filed by Life Vac LLC..(Tom, Christopher) |
| Filing 19 ***EX-PARTE***REDACTION to #8 Proposed Order to Show Cause With Emergency Relief, #11 Declaration, of Michael Plunkett by Life Vac LLC (Attachments: #1 Exhibit 3 - Part 201 of 211, #2 Exhibit 3 - Part 202 of 211, #3 Exhibit 3 - Part 203(A) of 211, #4 Exhibit 3 - Part 203(B) of 211, #5 Exhibit 3 - Part 203(C) of 211, #6 Exhibit 3 - Part 203(D) of 21, #7 Exhibit 3 - Part 204 of 211, #8 Exhibit 3 - Part 205 of 211, #9 Exhibit 3 - Part 206 of 211, #10 Exhibit 3 - Part 207 of 211, #11 Exhibit 3 - Part 208 of 211, #12 Exhibit 3 - Part 209 of 211, #13 Exhibit 3 - Part 210 of 211, #14 Exhibit 3 - Part 211 of 211)Motion or Order to File Under Seal: #12 .(Tom, Christopher) |
| Filing 18 ***EX-PARTE***REDACTION to #8 Proposed Order to Show Cause With Emergency Relief, #11 Declaration, of Michael Plunkett by Life Vac LLC (Attachments: #1 Exhibit 3 - Part 121 of 211, #2 Exhibit 3 - Part 122 of 211, #3 Exhibit 3 - Part 123 of 211, #4 Exhibit 3 - Part 124 of 211, #5 Exhibit 3 - Part 125 of 211, #6 Exhibit 3 - Part 126 of 211, #7 Exhibit 3 - Part 127 of 211, #8 Exhibit 3 - Part 128 of 211, #9 Exhibit 3 - Part 129 of 211, #10 Exhibit 3 - Part 130 of 211, #11 Exhibit 3 - Part 131 of 211, #12 Exhibit 3 - Part 132 of 211, #13 Exhibit 3 - Part 133 of 211, #14 Exhibit 3 - Part 134 of 211, #15 Exhibit 3 - Part 135 of 211, #16 Exhibit 3 - Part 136 of 211, #17 Exhibit 3 - Part 137 of 211, #18 Exhibit 3 - Part 138 of 211, #19 Exhibit 3 - Part 139 of 211, #20 Exhibit 3 - Part 140 of 211, #21 Exhibit 3 - Part 141 of 211, #22 Exhibit 3 - Part 142 of 211, #23 Exhibit 3 - Part 143 of 211, #24 Exhibit 3 - Part 144 of 211, #25 Exhibit 3 - Part 145 of 211, #26 Exhibit 3 - Part 146 of 211, #27 Exhibit 3 - Part 147 of 211, #28 Exhibit 3 - Part 148 of 211, #29 Exhibit 3 - Part 149 of 211, #30 Exhibit 3 - Part 150 of 211, #31 Exhibit 3 - Part 151 of 211, #32 Exhibit 3 - Part 152 of 211, #33 Exhibit 3 - Part 153 of 211, #34 Exhibit 3 - Part 154 of 211, #35 Exhibit 3 - Part 155 of 211, #36 Exhibit 3 - Part 156 of 211, #37 Exhibit 3 - Part 157 of 211, #38 Exhibit 3 - Part 158 of 211, #39 Exhibit 3 - Part 159 of 211, #40 Exhibit 3 - Part 160 of 211, #41 Exhibit 3 - Part 161 of 211, #42 Exhibit 3 - Part 162 of 211, #43 Exhibit 3 - Part 163 of 211, #44 Exhibit 3 - Part 164 of 211, #45 Exhibit 3 - Part 165 of 211, #46 Exhibit 3 - Part 166 of 211, #47 Exhibit 3 - Part 167 of 211, #48 Exhibit 3 - Part 168 of 211, #49 Exhibit 3 - Part 169 of 211, #50 Exhibit 3 - Part 170 of 211, #51 Exhibit 3 - Part 171 of 211, #52 Exhibit 3 - Part 172 of 211, #53 Exhibit 3 - Part 173 of 211, #54 Exhibit 3 - Part 174 of 211, #55 Exhibit 3 - Part 175 of 211, #56 Exhibit 3 - Part 176 of 211, #57 Exhibit 3 - Part 177 of 211, #58 Exhibit 3 - Part 178 of 211, #59 Exhibit 3 - Part 179 of 211, #60 Exhibit 3 - Part 180 of 211, #61 Exhibit 3 - Part 181 of 211, #62 Exhibit 3 - Part 182 of 211, #63 Exhibit 3 - Part 183 of 211, #64 Exhibit 3 - Part 184 of 211, #65 Exhibit 3 - Part 185 of 211, #66 Exhibit 3 - Part 186 of 211, #67 Exhibit 3 - Part 187 of 211, #68 Exhibit 3 - Part 188 of 211, #69 Exhibit 3 - Part 189 of 211, #70 Exhibit 3 - Part 190 of 211, #71 Exhibit 3 - Part 191 of 211, #72 Exhibit 3 - Part 192 of 211, #73 Exhibit 3 - Part 193 of 211, #74 Exhibit 3 - Part 194 of 211, #75 Exhibit 3 - Part 195 of 211, #76 Exhibit 3 - Part 196 of 211, #77 Exhibit 3 - Part 197 of 211, #78 Exhibit 3 - Part 198 of 211, #79 Exhibit 3 - Part 199 of 211, #80 Exhibit 3 - Part 200 of 211)Motion or Order to File Under Seal: #12 .(Tom, Christopher) |
| Filing 17 ***EX-PARTE***REDACTION to #8 Proposed Order to Show Cause With Emergency Relief, #11 Declaration, of Michael Plunkett by Life Vac LLC (Attachments: #1 Exhibit 3 - Part 61 of 211, #2 Exhibit 3 - Part 62 of 211, #3 Exhibit 3 - Part 63 of 211, #4 Exhibit 3 - Part 64 of 211, #5 Exhibit 3 - Part 65 of 211, #6 Exhibit 3 - Part 66 of 211, #7 Exhibit 3 - Part 67 of 211, #8 Exhibit 3 - Part 68 of 211, #9 Exhibit 3 - Part 69 of 211, #10 Exhibit 3 - Part 70 of 211, #11 Exhibit 3 - Part 71 of 211, #12 Exhibit 3 - Part 72 of 211, #13 Exhibit 3 - Part 73 of 211, #14 Exhibit 3 - Part 74 of 211, #15 Exhibit 3 - Part 75 of 211, #16 Exhibit 3 - Part 76 of 211, #17 Exhibit 3 - Part 77 of 211, #18 Exhibit 3 - Part 78 of 211, #19 Exhibit 3 - Part 79 of 211, #20 Exhibit 3 - Part 80 of 211, #21 Exhibit 3 - Part 81 of 211, #22 Exhibit 3 - Part 82 of 211, #23 Exhibit 3 - Part 83 of 211, #24 Exhibit 3 - Part 84 of 211, #25 Exhibit 3 - Part 85 of 211, #26 Exhibit 3 - Part 86 of 211, #27 Exhibit 3 - Part 87 of 211, #28 Exhibit 3 - Part 88 of 211, #29 Exhibit 3 - Part 89 of 211, #30 Exhibit 3 - Part 90 of 211, #31 Exhibit 3 - Part 91 of 211, #32 Exhibit 3 - Part 92 of 211, #33 Exhibit 3 - Part 93 of 211, #34 Exhibit 3 - Part 94 of 211, #35 Exhibit 3 - Part 95 of 211, #36 Exhibit 3 - Part 96 of 211, #37 Exhibit 3 - Part 97 of 211, #38 Exhibit 3 - Part 98 of 211, #39 Exhibit 3 - Part 99 of 211, #40 Exhibit 3 - Part 100 of 211, #41 Exhibit 3 - Part 101 of 211, #42 Exhibit 3 - Part 102 of 211, #43 Exhibit 3 - Part 103 of 211, #44 Exhibit 3 - Part 104 of 211, #45 Exhibit 3 - Part 105 of 211, #46 Exhibit 3 - Part 106 of 211, #47 Exhibit 3 - Part 107 of 211, #48 Exhibit 3 - Part 108 of 211, #49 Exhibit 3 - Part 109 of 211, #50 Exhibit 3 - Part 110 of 211, #51 Exhibit 3 - Part 111 of 211, #52 Exhibit 3 - Part 112 of 211, #53 Exhibit 3 - Part 113 of 211, #54 Exhibit 3 - Part 114 of 211, #55 Exhibit 3 - Part 115 of 211, #56 Exhibit 3 - Part 116 of 211, #57 Exhibit 3 - Part 117 of 211, #58 Exhibit 3 - Part 118 of 211, #59 Exhibit 3 - Part 119 of 211, #60 Exhibit 3 - Part 120 of 211)Motion or Order to File Under Seal: #12 .(Tom, Christopher) |
| 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)..(pc) |
| Filing 15 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..(pc) |
| Filing 14 ***EX-PARTE***REDACTION to #8 Proposed Order to Show Cause With Emergency Relief, #11 Declaration, of Michael Plunkett by Life Vac LLC (Attachments: #1 Exhibit 3 - Part 1 of 211, #2 Exhibit 3 - Part 2 of 211, #3 Exhibit 3 - Part 3 of 211, #4 Exhibit 3 - Part 4 of 211, #5 Exhibit 3 - Part 5 of 211, #6 Exhibit 3 - Part 6 of 211, #7 Exhibit 3 - Part 7 of 211, #8 Exhibit 3 - Part 8 of 211, #9 Exhibit 3 - Part 9 of 211, #10 Exhibit 3 - Part 10 of 211, #11 Exhibit 3 - Part 11 of 211, #12 Exhibit 3 - Part 12 of 211, #13 Exhibit 3 - Part 13 of 211, #14 Exhibit 3 - Part 14 of 211, #15 Exhibit 3 - Part 15 of 211, #16 Exhibit 3 - Part 16 of 211, #17 Exhibit 3 - Part 17 of 211, #18 Exhibit 3 - Part 18 of 211, #19 Exhibit 3 - Part 19 of 211, #20 Exhibit 3 - Part 20 of 211, #21 Exhibit 3 - Part 21 of 211, #22 Exhibit 3 - Part 22 of 211, #23 Exhibit 3 - Part 23 of 211, #24 Exhibit 3 - Part 24 of 211, #25 Exhibit 3 - Part 25 of 211, #26 Exhibit 3 - Part 26 of 211, #27 Exhibit 3 - Part 27 of 211, #28 Exhibit 3 - Part 28 of 211, #29 Exhibit 3 - Part 29 of 211, #30 Exhibit 3 - Part 30 of 211, #31 Exhibit 3 - Part 31 of 211, #32 Exhibit 3 - Part 32 of 211, #33 Exhibit 3 - Part 33 of 211, #34 Exhibit 3 - Part 34 of 211, #35 Exhibit 3 - Part 35 of 211, #36 Exhibit 3 - Part 36 of 211, #37 Exhibit 3 - Part 37 of 211, #38 Exhibit 3 - Part 38 of 211, #39 Exhibit 3 - Part 39 of 211, #40 Exhibit 3 - Part 40 of 211, #41 Exhibit 3 - Part 41 of 211, #42 Exhibit 3 - Part 42 of 211, #43 Exhibit 3 - Part 43 of 211, #44 Exhibit 3 - Part 44 of 211, #45 Exhibit 3 - Part 45 of 211, #46 Exhibit 3 - Part 46 of 211, #47 Exhibit 3 - Part 47 of 211, #48 Exhibit 3 - Part 48 of 211, #49 Exhibit 3 - Part 49 of 211, #50 Exhibit 3 - Part 50 of 211, #51 Exhibit 3 - Part 51 of 211, #52 Exhibit 3 - Part 52 of 211, #53 Exhibit 3 - Part 53 of 211, #54 Exhibit 3 - Part 54 of 211, #55 Exhibit 3 - Part 55 of 211, #56 Exhibit 3 - Part 56 of 211, #57 Exhibit 3 - Part 57 of 211, #58 Exhibit 3 - Part 58 of 211, #59 Exhibit 3 - Part 59 of 211, #60 Exhibit 3 - Part 60 of 211)Motion or Order to File Under Seal: #12 .(Tom, Christopher) |
| Filing 13 ***EX-PARTE***REDACTION to #1 Complaint, Schedule A by Life Vac LLCMotion or Order to File Under Seal: #12 .(Tom, Christopher) |
| Filing 12 MOTION to Seal Schedule A to Complaint and Exhibit 3 to the Declaration of Michael Plunkett. Document filed by Life Vac LLC..(Tom, Christopher) |
| Filing 11 DECLARATION of Michael Plunkett re: #8 Proposed Order to Show Cause With Emergency Relief . Document filed by Life Vac LLC. (Attachments: #1 Exhibit 1 (Copyrights), #2 Exhibit 2 (Trademark), #3 Exhibit 3 (Provisionally Filed Under Seal)).(Tom, Christopher) |
| Filing 10 DECLARATION of Christopher Tom re: #8 Proposed Order to Show Cause With Emergency Relief . Document filed by Life Vac 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)).(Tom, Christopher) |
| Filing 9 MEMORANDUM OF LAW in Support re: #1 Complaint, #8 Proposed Order to Show Cause With Emergency Relief . Document filed by Life Vac LLC..(Tom, Christopher) |
| Filing 8 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Life Vac LLC. Related Document Number: #1 ..(Tom, Christopher) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 7 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Tom, Christopher) |
| Filing 6 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Tom, Christopher) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Life Vac LLC..(Tom, Christopher) |
| Filing 4 NOTICE OF APPEARANCE by Anna Iskikian on behalf of Life Vac LLC..(Iskikian, Anna) |
| Filing 3 NOTICE OF APPEARANCE by Christopher Tom on behalf of Life Vac LLC..(Tom, Christopher) |
| Filing 2 CIVIL COVER SHEET filed..(Tom, Christopher) |
| 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 BNYSDC-27446303)Document filed by Life Vac LLC. (Attachments: #1 Exhibit 1 (Copyrights), #2 Exhibit 2 (Trademark)).(Tom, Christopher) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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) |
| Case Designated ECF. (pc) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #8 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| 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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