kF Tea USA Inc. et al v. Tea N Boba Enterprises LLC et al
| KF Tea USA Inc and KF TEA Franchising LLC |
| Tea N' Boba Enterprises LLC, Toan Van Nguyen and Vy Nguyen |
| 7:2024cv00001 |
| December 27, 2023 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Property Rights: Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.
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| Filing 23 NOTICE of Joint Status Update filed by KF TEA Franchising LLC, KF Tea USA Inc (Reyna, Abelino) |
Filing 22
STIPULATED ORDER GRANTING #21 PERMANENT INJUNCTION (Ordered by Judge Reed C. O'Connor on 1/19/2024) (bdb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:22. Fri Jan 19 16:46:59 CST 2024 (crt) |
| Filing 21 Request for Entry of Stipulated Order Order for Permanent Injunction Pursuant to Notice of Settlement by KF TEA Franchising LLC, KF Tea USA Inc. (Attachments: #1 Proposed Order) (Reyna, Abelino) Modified docket text and motion event on 1/17/2024 (bdb). |
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Filing 20
ORDER GRANTING REQUEST TO STAY DEADLINES: Before the Court is the #17 Notice of Settlement Agreement and Unopposed Request to Stay Deadlines. It is ORDERED that the request to stay pending deadlines made in the Notice of Settlement Agreement and Request to Stay Deadlines is GRANTED. All pending deadlines in this case are STAYED until further order of the Court. The parties shall file either dismissal papers or a joint status update on or before February 10, 2024. (Ordered by Judge Reed C. O'Connor on 1/10/2024) (mmw)
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| Filing 19 SUMMONS Returned Executed as to Vy Nguyen ; served on 1/8/2024. (Reyna, Abelino) |
| Filing 18 SUMMONS Returned Executed as to Toan Van Nguyen ; served on 1/8/2024. (Reyna, Abelino) |
| Filing 17 NOTICE of Settlement Agreement and Request to Stay Deadlines filed by KF TEA Franchising LLC, KF Tea USA Inc (Attachments: #1 Proposed Order) (Reyna, Abelino) Modified event per PDF on 1/9/2024 (mmw). |
| Filing 16 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by KF TEA Franchising LLC, KF Tea USA Inc. (Clerk QC note: No affiliate entered in ECF). (Reyna, Abelino) |
| Filing 15 SUMMONS Returned Executed as to Tea N' Boba Enterprises LLC ; served on 1/4/2024. (Reyna, Abelino) Modified to correct served date on 1/31/2024 (wxc). |
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Filing 14
ORDER: Before the Court is Plaintiffs' #2 Motion for Temporary Restraining Order. To expeditiously resolve the issues presented, the Court ORDERS Plaintiffs to confer with Defendants and agree on a briefing schedule for the motions. The parties are to file a joint notice outlining the agreed briefing schedule no later than January 10, 2024. The Court DIRECTS Plaintiff to send this order to Defendants and notify them of its requested Temporary Restraining Order no later than January 5, 2024. See Fed. R. Civ. P. 65(b)(1)(B). (Ordered by Judge Reed C. O'Connor on 1/4/2024) (mmw)
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| Filing 13 Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (mmw) |
| Filing 12 Summons Issued as to Vy Nguyen, Toan Van Nguyen, Tea N' Boba Enterprises LLC. (mmw) |
| Filing 11 Request for Clerk to issue Summons in a Civil Action filed by KF TEA Franchising LLC, KF Tea USA Inc. (Reyna, Abelino) |
| Filing 10 New Case Notes: A filing fee has been paid. File to: No court file needed. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (mmw) |
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Filing 9
ORDER granting #7 Motion for intra-division transfer. This case shall be TRANSFERRED to the Northern District of Texas, Wichita Falls Division. (Ordered by Judge Brantley Starr on 1/3/2024) (sxf)
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| NEW CASE NUMBER 7:24-cv-00001-O kF Tea USA Inc. et al v. Tea N Boba Enterprises LLC et al has been opened following the order of transfer entered in case number 3:23cv2860-X. Future filings should reflect only the new case number and be directed to the proper division (see LR 5.1(a)). Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (ldm) |
| Deadlines/hearings set and reset per #8 Order. Responses due by 1/2/2024. (kaf) |
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Filing 8
ORDER: The defendants shall file any response to Plaintiffs' motion for intra-division transfer (Doc. #7 ) by January 2, 2024 at 5:00 PM. The Court also ORDERS the Plaintiffs to serve this order on the defendants within 24 hours by any means necessary, including electronic means. (Ordered by Judge Brantley Starr on 12/29/2023) (chmb)
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| Filing 7 Plaintiff's Motion for Intra-Division Transfer filed by KF TEA Franchising LLC, KF Tea USA Inc (Attachments: #1 Proposed Order) (Reyna, Abelino) |
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Filing 6
ORDER: The Court ORDERS Plaintiffs to file an amended complaint in 5 days, by January 1, 2024. Defendants shall file a response to the motion for a temporary restraining order within 3 days of that filing. Finally, the Court ORDERS the Plaintiffs to serve this order on the defendants within 24 hours by any means necessary, including electronic means. (Ordered by Judge Brantley Starr on 12/27/2023) (chmb)
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| Filing 5 Report to Patent/Trademark Office of Initiating Document. Forms AO 120 e-mailed to notice_of_suit@uspto.gov. (Attachments: #1 Additional Page(s) Trademark Form) (kaf) |
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Filing 4
Electronic Standing Order - If they have not already done so, all attorneys appearing in this case must file a Certificate Regarding Judge-Specific Requirements on the docket attesting that they have read, and will comply with, the judge-specific requirements for this Court, including the Court's order concerning generative artificial intelligence. The judge-specific requirements and a template Certificate may be found at: # Certificate Regarding Judge-Specific Requirements. To file the Certificate, please use the event entitled Certificate Regarding Judge-Specific Requirements. This event is located in the Other Documents selection, which is under the Other Filings category of the Civil page in ECF. Please contact the ECF help desk at 214-753-2633 for filing assistance. (Ordered by Judge Brantley Starr on 12/27/2023) (kaf)
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| Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (kaf) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by KF TEA Franchising LLC, kF Tea USA Inc. with Brief/Memorandum in Support. (Attachments: #1 Memorandum In Support Of Plaintiff's Motion For TRO, #2 Appendix, #3 Proposed Order, #4 Proposed Order) (Reyna, Abelino) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by kF Tea USA Inc., KF TEA Franchising LLC. (Filing fee $405; Receipt number ATXNDC-14272084) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20, #21 Exhibit(s) 21, #22 Exhibit(s) 22, #23 Exhibit(s) 23, #24 Exhibit(s) 24, #25 Exhibit(s) 25, #26 Exhibit(s) 26, #27 Exhibit(s) 27, #28 Exhibit(s) 28, #29 Exhibit(s) 29, #30 Exhibit(s) 30, #31 Exhibit(s) 31, #32 Exhibit(s) 32, #33 Exhibit(s) 33, #34 Cover Sheet) (Reyna, Abelino) |
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