Telebrands Corp. v. Aleta Co. Ltd. et al
| ABC and Telebrannds Corp. |
| DEF, Aleta Co.Ltd, assorted, Bicmte, Chruvq, chunjia, cleverly, Dongbielin2022, elec Space, feight, Feiyu Hdwl Co.Ltd, HAKOTOM, Incitystore, jue jiang yao, jue tu min shang mao, kingstar, li heng gan wang luo, LiFangDa CO. Itd, LTG Toys Co.Ltd, m GROCKSTR, Meda Home Co.Ltd, MoveCatcher, mu pi guai ke mao, Phyachelo Home Furnishing, Qilian Trading Co., Ltd, queenly, ru zha pi, SaulGood E-Com Co.Ltd, Selinev Co,ltd, Starpenny, SunflowerShop, SZ Furniture Co. Ltd, SZ Vehicle Parts Co.Ltd, tai yuan pi de kai dian zi shang wu you xian gong si, tai yuan sheng chi er qi shang mao you xian gong si, tai yuan su wei ting, TaiyuanzhiruidataiwangluokejiyouxianCo. Ltd, TAZEMAT, xi jue gu mao yi, xi ming ga wang luo, Yachangtai Trading, yu han huai and yuanquxianyoumanshangmaoyouxiangongsi |
| 1:2023cv03351 |
| April 21, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lewis J Liman |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 23 CERTIFICATE OF SERVICE. Aleta Co.Ltd served on 5/1/2023, answer due 5/22/2023; Bicmte served on 5/1/2023, answer due 5/22/2023; Chruvq served on 5/1/2023, answer due 5/22/2023; Dongbielin2022 served on 5/1/2023, answer due 5/22/2023; Feiyu Hdwl Co.Ltd served on 5/1/2023, answer due 5/22/2023; HAKOTOM served on 5/1/2023, answer due 5/22/2023; Incitystore served on 5/1/2023, answer due 5/22/2023; LTG Toys Co.Ltd served on 5/1/2023, answer due 5/22/2023; LiFangDa CO. Itd served on 5/1/2023, answer due 5/22/2023; Meda Home Co.Ltd served on 5/2/2023, answer due 5/23/2023; MoveCatcher served on 5/1/2023, answer due 5/22/2023; Phyachelo Home Furnishing served on 5/1/2023, answer due 5/22/2023; Qilian Trading Co., Ltd served on 5/1/2023, answer due 5/22/2023; SZ Furniture Co. Ltd served on 5/1/2023, answer due 5/22/2023; SZ Vehicle Parts Co.Ltd served on 5/1/2023, answer due 5/22/2023; SaulGood E-Com Co.Ltd served on 5/1/2023, answer due 5/22/2023; Selinev Co,ltd served on 5/1/2023, answer due 5/22/2023; Starpenny served on 5/1/2023, answer due 5/22/2023; SunflowerShop served on 5/1/2023, answer due 5/22/2023; TAZEMAT served on 5/1/2023, answer due 5/22/2023; TaiyuanzhiruidataiwangluokejiyouxianCo. Ltd served on 5/1/2023, answer due 5/22/2023; Yachangtai Trading served on 5/1/2023, answer due 5/22/2023; assorted served on 5/1/2023, answer due 5/22/2023; chunjia served on 5/1/2023, answer due 5/22/2023; cleverly served on 5/1/2023, answer due 5/22/2023; elec Space served on 5/1/2023, answer due 5/22/2023; feight served on 5/1/2023, answer due 5/22/2023; jue jiang yao served on 5/1/2023, answer due 5/22/2023; jue tu min shang mao served on 5/1/2023, answer due 5/22/2023; kingstar served on 5/1/2023, answer due 5/22/2023; li heng gan wang luo served on 5/1/2023, answer due 5/22/2023; m GROCKSTR served on 5/1/2023, answer due 5/22/2023; mu pi guai ke mao served on 5/1/2023, answer due 5/22/2023; queenly served on 5/1/2023, answer due 5/22/2023; ru zha pi served on 5/1/2023, answer due 5/22/2023; tai yuan pi de kai dian zi shang wu you xian gong si served on 5/1/2023, answer due 5/22/2023; tai yuan sheng chi er qi shang mao you xian gong si served on 5/1/2023, answer due 5/22/2023; tai yuan su wei ting served on 5/1/2023, answer due 5/22/2023; xi jue gu mao yi served on 5/1/2023, answer due 5/22/2023; xi ming ga wang luo served on 5/1/2023, answer due 5/22/2023; yu han huai served on 5/1/2023, answer due 5/22/2023; yuanquxianyoumanshangmaoyouxiangongsi served on 5/1/2023, answer due 5/22/2023. Document filed by Telebrannds Corp...(Nastasi, Gabriela) |
| Filing 22 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 5/5/2023 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 21 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/5/2023 before Judge Lewis J. Liman. Court Reporter/Transcriber: Raquel Robles, (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 6/20/2023. Redacted Transcript Deadline set for 6/30/2023. Release of Transcript Restriction set for 8/28/2023..(McGuirk, Kelly) |
Filing 20
ORDER TEMPORARILY SEALING FILE: it is hereby ORDERED that the Clerk of the Court shall maintain the documents associated with the above-referenced action, including, but not limited to, Plaintiff's Complaint and exhibits attached thereto and Plaintiff's ex parte application for: a temporary restraining order; an order restraining Merchant Storefronts and Defendants' Assets with the Financial Institutions; an order to show cause why a preliminary injunction should not issue; an order authorizing bifurcated and alternative service; and 5) an order authorizing expedited discovery and the supporting declarations of Bala Iyer and Gabriela N. Nastasi and exhibits attached thereto under seal for a period of one (1) week, or until further order by the Court. The Clerk of the Court is directed to restrict access to this Order to the selected party viewing level. The Clerk of the Court is directed to close this miscellaneous matter. It is also hereby ORDERED that, notwithstanding this Order to Temporarily Seal File, the Clerk of the Court shall have authority to provide Plaintiff with certified copies of any orders entered in this matter while under seal. So Ordered (Signed by Judge Laura Taylor Swain on 4/20/2023) (js)
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Filing 6
PRELIMINARY INJUNCTION ORDER: The injunctive relief previously granted in the TRO shall remain in place through the pendency of this action, 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, and pursuant to FRCP 4(f)(3), service may be made on, and shall be deemed effective as to all Defendants, except Defendants Bicmte, Chruvq, elec Space, HAKOTOM, incitystore, LiFangDa CO. Itd, MoveCatcher, Qilian Trading Co., Ltd, SunflowerShop and yuanquxianyoumanshangmaoyouxiangongsi if it is completed by the following means: as further set forth herein. 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 or other persons 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. This Order is without prejudice to Plaintiff moving the Court for a) An expansion of the asset restraint or any other appropriate relief should Plaintiff discover new financial institutions, not defined as a Financial Institution under this Order, with Defendants' Financial Accounts; b) An expansion of the Order to additional online marketplace platforms and/or entities, other than the Third Party Service Providers, through which Defendants, their respective officers, employees, agents, servants and all persons in active concert or participation with any of them manufacture, import, export, advertise, market, promote, distribute, offer for sale, sell and/or otherwise deal in Counterfeit Products. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/12/2023) (kv) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 5 SEALED DOCUMENT placed in vault.(nmo) |
| Filing 4 SEALED DOCUMENT placed in vault.(nmo) |
| Minute Entry for proceedings held before Judge Lewis J. Liman: Show Cause Hearing held on 5/5/2023. Gabriela Nastasi, Ashly Sands, and Danielle Futterman present for Plaintiff. No counsel appeared on behalf of any Defendants. Court reporter present. Plaintiff directed to resubmit preliminary injunction order with proposed findings and conclusions of law. Revised papers due by May 11, 2023 and to be served upon Defendants using alternative forms of service. The Temporary Restraining Order is to be continued until May 12, 2023 upon good cause. Parties are to provide a status update to the Court within 60 days. (mf) |
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Filing 19
TEMPORARY RESTRAINING ORDER ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS ASSETS WITH THE FINANCIAL INSTITUTIONS; ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND ORDER AUTHORIZING EXPEDITED DISCOVERY: IT IS HEREBY ORDERED, as sufficient cause has been shown, that Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions for fourteen (14) days from the date of this order, and for 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 Yummy Can Bacon Marks and/or Yummy Can Bacon Works and/or marks and/or artwork that are confusingly and/or substantially similar to, identical to and constitute a counterfeiting or infringement of the Yummy Can Bacon Marks and/or Yummy Can Bacon Works; as further set forth in this order. Defendants are hereby ORDERED to show cause before this Court in Courtroom 15C of the United States District Court for the Southern District of New York at 500 Pearl Street, New York, New York on Friday, May 5, 2023 at 11:00 a.m. or at such other time that this Court deems appropriate, 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 Plaintiffs counsel by delivering copies thereof to the office of Epstein Drangel LLP at 60 East 42nd Street, Suite 1250, New York, NY 10165, Attn: Jason M. Drangel on or before Tuesday, May 2, 2023. Plaintiff shall file any Reply papers on or before Thursday, May 4, 2023. ***This document was previously filed under seal in envelope 5 and unsealed by docket entry 3*** (Signed by Judge Lewis J. Liman on 4/24/2023) (js)
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Filing 18
TEMPORARY RESTRAINING ORDER ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS ASSETS HE FINANCIAL INSTITUTIONS; ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND ORDER AUTHORIZING EXPEDITED DISCOVERY: Based on the foregoing findings of fact and conclusions of law, Plaintiffs Application is hereby GRANTED as follows: IT IS HEREBY ORDERED, as sufficient cause has been shown, that Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions for fourteen(14) days from the date of this order, and for 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 Yummy Can Bacon Marks and/or Yummy Can Bacon Works and/or marks and/or artwork that are confusingly and/or substantially similar to, identical to and constitute a counterfeiting or infringement of the Yummy Can Bacon Marks and/or Yummy Can Bacon Works; IT IS FURTHER ORDERED pursuant to Fed. R. Civ. P. 4(f)(3), as sufficient cause has been shown, that service may be made on, and shall be deemed effective as to all Defendants, except Defendants Bicmte, Chruvq, elec Space, HAKOTOM, incitystore, LiFangDa CO. Itd, MoveCatcher, Qilian Trading Co., Ltd, SunflowerShop and yuanquxianyoumanshangmaoyouxiangongsi, if it is completed by the following means: as further set forth in this order. IT IS FURTHER ORDERED that Plaintiff shall place security in the amount of Five Thousand Dollars (5,000.00 ) with the Court which amount is determined adequate for the payment of any damages any person may be entitled to recover as a result of an improper or wrongful restraint ordered hereunder. IT IS FURTHER ORDERED that Plaintiffs Complaint and exhibits attached thereto, and Plaintiffs ex parte Application and the Declarations of Bala Iyer and Gabriela N. Nastasi in support thereof and exhibits attached thereto, and this Order shall remain sealed until the Financial Institutions and Third Party Service Providers comply with Paragraphs I(B)-(C), III(A) and V(C) of this Order. So Ordered. ***This document was previously filed under seal in envelope 4 and unsealed by docket entry 3*** (Signed by Judge Lewis J. Liman on 4/21/2023) (js)
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| Filing 17 DECLARATION OF GABRIELA N. NASTASI AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR: A TEMPORARY RESTRAINING ORDER; AN ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS ASSETS WITH THE FINANCIAL INSTITUTIONS; AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND AN ORDER AUTHORIZING EXPEDITED DISCOVERY; (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit B, #4 Exhibit C). ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js) |
| Filing 16 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER; ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS ASSETS WITH THE FINANCIAL INSTITUTIONS; AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND ORDER AUTHORIZING EXPEDITED DISCOVERY: Document filed by Telebrannds Corp. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js) |
| Filing 15 [PROPOSED] TEMPORARY RESTRAINING ORDER; ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS ASSETS WITH THE FINANCIAL INSTITUTIONS; ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND ORDER AUTHORIZING DISCOVERY EXPEDITED: ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3*** Document filed by Telebrannds Corp. (js) |
| Filing 14 MOTION TO EXCEED PAGE LIMIT OF PLAINTIFFS MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS APPLICATION: ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js) |
| Filing 13 PROPOSED ORDER TO EXCEED PAGE LIMIT: Document filed by Telebrannds Corp. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 12 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. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js) |
| Filing 11 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). ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Telebrannds Corp. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js) |
| Filing 9 COMPLAINT against Aleta Co.Ltd, Bicmte, Chruvq, Dongbielin2022, Feiyu Hdwl Co.Ltd, HAKOTOM, Incitystore, LTG Toys Co.Ltd, LiFangDa CO. Itd, Meda Home Co.Ltd, MoveCatcher, Phyachelo Home Furnishing, Qilian Trading Co., Ltd, SZ Furniture Co. Ltd, SZ Vehicle Parts Co.Ltd, SaulGood E-Com Co.Ltd, Selinev Co,ltd, Starpenny, SunflowerShop, TAZEMAT, TaiyuanzhiruidataiwangluokejiyouxianCo. Ltd, Yachangtai Trading, assorted, chunjia, cleverly, elec Space, feight, jue jiang yao, jue tu min shang mao, kingstar, li heng gan wang luo, m GROCKSTR, mu pi guai ke mao, queenly, ru zha pi, tai yuan pi de kai dian zi shang wu you xian gong si, tai yuan sheng chi er qi shang mao you xian gong si, tai yuan su wei ting, xi jue gu mao yi, xi ming ga wang luo, yu han huai, yuanquxianyoumanshangmaoyouxiangongsi. Document filed by Telebrannds Corp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D Part 1, #5 Exhibit D Part 2). ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js) |
| Filing 8 SUMMONS ISSUED as to Aleta Co.Ltd, Bicmte, Chruvq, Dongbielin2022, Feiyu Hdwl Co.Ltd, HAKOTOM, Incitystore, LTG Toys Co.Ltd, LiFangDa CO. Itd, Meda Home Co.Ltd, MoveCatcher, Phyachelo Home Furnishing, Qilian Trading Co., Ltd, SZ Furniture Co. Ltd, SZ Vehicle Parts Co.Ltd, SaulGood E-Com Co.Ltd, Selinev Co,ltd, Starpenny, SunflowerShop, TAZEMAT, TaiyuanzhiruidataiwangluokejiyouxianCo. Ltd, Yachangtai Trading, assorted, chunjia, cleverly, elec Space, feight, jue jiang yao, jue tu min shang mao, kingstar, li heng gan wang luo, m GROCKSTR, mu pi guai ke mao, queenly, ru zha pi, tai yuan pi de kai dian zi shang wu you xian gong si, tai yuan sheng chi er qi shang mao you xian gong si, tai yuan su wei ting, xi jue gu mao yi, xi ming ga wang luo, yu han huai, yuanquxianyoumanshangmaoyouxiangongsi. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js) |
| Filing 7 CIVIL COVER SHEET filed.. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 3***.(js) |
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Filing 3
UNSEALING ORDER: WHEREAS the Court orders that this Action be unsealed, and Records Management upload all documents filed to date on the Electronic Case Filing system. (Signed by Judge Lewis J. Liman on 5/4/2023) (js)
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| Minute Entry for proceedings held before Judge Lewis J. Liman: Ex-Parte Telephone Conference held on 4/21/2023. Counsel for Plaintiff present by telephone. Court reporter present by telephone. (mf) |
| Filing 2 SEALED DOCUMENT placed in vault. (nmo) |
| Magistrate Judge James L. Cott 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. (nmo) |
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Filing 1
***Sealed*** ORDER, Case sealed. (Signed by Judge Laura Taylor Swain on 04/20/2023) (nmo)
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