Summit Tool Company v. Xinkong USA, Inc.
| Summit Tool Company and Summit Tool Company doing business as Ken-Tool |
| Xinkong USA, Inc. |
| 5:2020cv01182 |
| May 29, 2020 |
| US District Court for the Northern District of Ohio |
| Sara Lioi |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 30, 2021. A more recent docket listing may be available from PACER.
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Filing 17
Report on the Determination [Closing] of an Action Regarding a Patent or Trademark (AO120). (Attachments: #1 Judgment)(W,Na)
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Filing 16
Judgment Entry: For the reasons set forth in the Memorandum Opinion and Order filed contemporaneously herewith, plaintiff's motion for default judgment is GRANTED in part. Judgment is entered in favor of plaintiff Summit Tool Company dba Ken-Tool and against defendant Xinkong USA, Inc. on Counts I, II, III, IV, and IV of plaintiff's complaint. Plaintiff is awarded statutory damages against defendant in the amount of $100,000.00. in favor of Summit Tool Company against Xinkong USA, Inc. The Court retains jurisdiction over this action for the purpose of enforcing this Judgment Entry and permanent injunction. This case is closed. Judge Sara Lioi on 7/28/2021. (E,CK)
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Filing 15
Memorandum Opinion and Order for the reasons set forth herein, plaintiff's motion for default judgment is granted in part and denied in part. (Doc. No. #14 .) Judge Sara Lioi on 7/28/2021. (E,CK)
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Copy of #15 Memorandum Opinion and Order and #16 Judgment Entry mailed to Xinkong USA, Inc. at 2875 Reservoir Street, Pomona, CA 91766 on 7/28/2021. (E,CK)
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Filing 14
Motion for default judgment filed by Plaintiff Summit Tool Company. Related document(s) #11 . (Attachments: #1 Memorandum in Support, #2 Declaration of Ben Graham, #3 Exhibit A - Ken-Tool Website, #4 Exhibit B - Paypal Receipt, #5 Declaration of Christina J. Moser, #6 Exhibit C - CA Statement of Information, #7 Exhibit D - autoequipman eBay Listing, #8 Exhibit E - eBay Reg Info Spreadsheet, #9 Exhibit F - San Bernardino Cty Tax Collector Search Results, #10 Exhibit G - eBay MAC Notes Spreadsheet, #11 Exhibit H - Listing and Sales History Summary, #12 Exhibit I - Narrative of Charges, #13 Exhibit J - Invoices for Costs, #14 Proposed Judgment)(Moser, Christina)
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Filing 13
Default Entered on 11/19/2020 against Xinkong USA Inc. Sandy Opacich, Clerk by Christina Eckert, Deputy Clerk. Copy of Default Entry #13 mailed to Xinkong USA Inc. at 2875 Reservoir Street, Pomona, CA 91766 on 11/19/2020. Related document #12 . (E,CK)
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Filing 12
Application to Clerk for entry of default against Defendant Xinkong USA, Inc. filed by Summit Tool Company. (Attachments: #1 Declaration in support of Application for Entry of Default, #2 Proof of Service)(Moser, Christina)
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Filing 11
Order to Show Cause: Since the return of service was filed on September 8, 2020, there has been no activity in this case. (Doc. No. #10 .) Plaintiff is ordered to show cause in writing by November 30, 2020, why this action should not be dismissed for failure to prosecute. Judge Sara Lioi on 11/10/2020. (E,CK)
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Filing 10
Return of Service by Service upon California Secretary of State executed upon Xinkong USA, Inc. on 8/21/2020, filed on behalf of Summit Tool Company (Moser, Christina)
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Filing 9
Memorandum Opinion and Order: For the reasons set forth within, plaintiff's #7 Motion for leave to issue subpoena duces tecum to eBay granted. Plaintiff may seek information from eBay regarding the five requests listed on Exhibit A to the instant motion (see Doc. No. 7-1), but eBay is permitted twenty (20) business days as opposed to the ten business days that Ken-Tool suggests to produce the requested documents. Judge Sara Lioi on 8/18/2020. (E,CK)
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Filing 8
Order granting plaintiff's motion for substitute service (Related Doc #6 ). Judge Sara Lioi on 8/14/2020. (E,CK)
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Filing 7
Motion Leave to Issue Subpoena Duces Tecum to eBay filed by Plaintiff Summit Tool Company. (Attachments: #1 Exhibit A - Documents Requested)(Moser, Christina)
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Filing 6
Motion for Substitute Service filed by Plaintiff Summit Tool Company. (Attachments: #1 Exhibit 1 - California Secretary of State Online Record, #2 Declaration of Reasonable Diligence, #3 Proposed Order)(Moser, Christina)
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Filing 5
Initial Standing Order. Judge Sara Lioi on 05/29/2020. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List) (M,TL)
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Filing 4
Original Summons and Magistrate Consent Form issued for service upon Xinkong USA, Inc. (to Pamona, CA & Chino, CA). (Attachments: #1 Magistrate Consent Form) (M,TL)
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Filing 3
Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Summit Tool Company. (Moser, Christina)
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Filing 2
Corporate Disclosure Statement filed by Summit Tool Company . (Moser, Christina)
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Filing 1
Complaint with jury demand against Xinkong USA, Inc. Filing fee paid $ 400, receipt number AOHNDC-10008072, filed by Summit Tool Company. (Attachments: #1 Exhibit 1 - KEN-TOOL Word Mark Registration Certificate, #2 Exhibit 2 - Product Design Registration Certificate, #3 Exhibit 3 - T45A Photos, #4 Exhibit 4 - BBB Complaints re XK USA, #5 Exhibit 5 - autorepairequipments eBay listing, #6 Exhibit 6 - 2016tonyyu1224 eBay listing, #7 Exhibit 7 - funwebsurfer eBay listing, #8 Exhibit 8 - XK Amazon Listing, #9 Civil Cover Sheet, #10 Summons) (Moser, Christina)
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Judge Sara Lioi assigned to case. (M,TL)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (M,TL)
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