Tru Kids Inc v. Ali Afzal Enterprises Inc.
| Tru Kids Inc doing business as Toys R Us |
| Ali Afzal Enterprises Inc. doing business as TOYZ |
| Ali Afzal Enterprises Inc. |
| Tru Kids Inc |
| 4:2021cv03336 |
| October 12, 2021 |
| US District Court for the Southern District of Texas |
| Charles Eskridge |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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This docket was last retrieved on October 26, 2022. A more recent docket listing may be available from PACER.
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| Filing 84 MOTION to Strike Objections to Interrogatories by Ali Afzal Enterprises Inc., filed. Motion Docket Date 11/16/2022. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Barazi, Lema) |
| Filing 83 RESPONSE in Opposition to #81 MOTION to Strike Objections to Requests for Production, filed by Tru Kids Inc. (Attachments: #1 Declaration of Spencer Packard ISO of Opposition, #2 Exhibit A, #3 Exhibit B, #4 Errata C, #5 Errata D, #6 Exhibit E, #7 Exhibit F)(Morico, Paul) |
Filing 82
ORDER granting #80 Motion for Leave to Exceed the Word Limit.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 81 MOTION to Strike Objections to Requests for Production by Ali Afzal Enterprises Inc., filed. Motion Docket Date 10/24/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Barazi, Lema) |
| Filing 80 MOTION for Leave to File Motion to Strike Objections to Interrogatories in Excess of Word Limit by Ali Afzal Enterprises Inc., filed. Motion Docket Date 10/17/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(Barazi, Lema) |
| Filing 79 **FILED IN ERROR ** Motion moot parties to file correctly. MOTION to Strike by Ali Afzal Enterprises Inc., filed. Motion Docket Date 10/11/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order)(Barazi, Lema) Modified on 9/20/2022 (ShannonHolden, 4). |
| Filing 78 Notice of Filing of Official Transcript as to #77 Transcript. Party notified, filed. (mmarquez, 5) |
| Filing 77 TRANSCRIPT re: Initial Conference held on December 15, 2021 before Judge Charles Eskridge. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Paul Morico Release of Transcript Restriction set for 12/15/2022., filed. (mahenry, ) |
| Filing 76 Notice of Filing of Official Transcript as to #75 Transcript,. Party notified, filed. (dhansen, 4) |
| Filing 75 TRANSCRIPT re: Continued Hearing on Temporary Restraining Order (Via Zoom) held on November 4, 2021 before Judge Charles Eskridge. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Paul Morico Release of Transcript Restriction set for 12/14/2022., filed. (mahenry, ) |
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Filing 74
ORDER granting #66 Motion to Seal. Defendant is GRANTED permission to bring the requested motion. Standard page limits and briefing deadlines apply. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 73 Notice of Filing of Official Transcript as to #63 Transcript,. Party notified, filed. (ShannonHolden, 4) |
| Filing 72 DECLARATION of Spencer Packard re: #58 Order,, filed. (Attachments: #1 Exhibit A-2, #2 Exhibit C-1, #3 Exhibit C-2, #4 Exhibit D-1, #5 Exhibit D-2, #6 Exhibit E, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit L)(Morico, Paul) |
| Filing 71 DECLARATION of Johnson re: #58 Order,, filed. (Attachments: #1 Exhibit A - Appendices, #2 Exhibit A - without Appendices)(Morico, Paul) |
| Filing 70 Additional EXHIBITS re: #58 Order, by Tru Kids Inc, filed.(Morico, Paul) |
| Filing 69 Additional EXHIBITS re: #58 Order, by Tru Kids Inc, filed.(Morico, Paul) |
| Filing 68 DECLARATION of Spencer Packard re: #58 Order,, filed. (Attachments: #1 Exhibit Table of Contents)(Morico, Paul) |
| Filing 67 DECLARATION of Jamie Uitdenhowen re: #58 Order,, filed.(Morico, Paul) |
| Filing 66 MOTION to Seal Brief and Supporting Exhibits and Request for In Camera Review by Tru Kids Inc, filed. Motion Docket Date 10/3/2022. (Attachments: #1 Redacted Brief in Response)(Morico, Paul) |
| Filing 65 SEALED RESPONSE to Court's Inquiries Regarding Case re: #58 Order, by Tru Kids Inc, filed. (Attachments: #1 Exhibit F, #2 Exhibit K) (Morico, Paul) |
| Filing 64 RESPONSE to #62 Letter from Defendant re: permission to file a motion for sanctions, filed by Tru Kids Inc. (Morico, Paul) |
| Filing 63 TRANSCRIPT re: Motion for Temporary Restraining Order Hearing (VIA ZOOM) held on October 20, 202 before Judge Charles Eskridge. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Paul Morico Release of Transcript Restriction set for 12/8/2022., filed. (mahenry, ) |
| Filing 62 Letter from Defendant re: permission to file a motion for sanctions, filed. (jengonzalez, 4) |
| Filing 61 AO 435 TRANSCRIPT REQUEST by Tru Kids Inc/Paul Morico for Transcript of Initial Conference, 12/15/2021, Judge Eskridge. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Morico, Paul) ***Electronically forwarded to Judicial Transcribers 9/6/22. EStimated Transcript Completion Date: 9/13/2022.*** Modified on 9/6/2022 (mmarquez, 5). |
| Filing 60 AO 435 TRANSCRIPT REQUEST by Tru Kids Inc/Paul Morico for Transcript of TRO Hearing, 11/4/2021, Judge Eskridge. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Morico, Paul) Electronic Transcript Request Received and Forwarded to Judicial Transcribers of Texas on 09/06/2022. Estimated Date of Completion: 09/13/2022. Modified on 9/6/2022 (AntonioBanda, 4). |
| Filing 59 AO 435 TRANSCRIPT REQUEST by Tru Kids Inc/Paul Morico for Transcript of TRO Hearing, 10/20/2021, Judge Charles Eskridge. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Morico, Paul) Electronically forwarded to Judicial Transcribers of Texas on 9/1/2022. Estimated completion date: 9/8/2022. Modified on 9/1/2022 (RachelWillborg, 4). |
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Filing 58
ORDER re: #48 SEALED MOTION FOR LEAVE TO AMEND ITS COMPLAINT AND REQUEST FOR CONTINUANCE, #50 MOTION to Quash Plaintiff's Amended Notice of Subpoenas to HRSS LLP and Syed Fowad Zaidi and Notice of Deposition. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 57 PROPOSED ORDER re: #50 MOTION to Quash Plaintiff's Amended Notice of Subpoenas to HRSS LLP and Syed Fowad Zaidi and Notice of Deposition, filed.(Barazi, Lema) |
| Filing 56 REDACTION to #53 Sealed Response, by Tru Kids Inc, filed.(Morico, Paul) |
| Filing 55 REDACTION to #48 SEALED MOTION FOR LEAVE TO AMEND ITS COMPLAINT AND REQUEST FOR CONTINUANCE by Tru Kids Inc, filed.(Morico, Paul) |
| Filing 54 DECLARATION of Emily Pyclik re: #50 MOTION to Quash Plaintiff's Amended Notice of Subpoenas to HRSS LLP and Syed Fowad Zaidi and Notice of Deposition, filed. (Attachments: #1 Table of Contents of Exhibits to Response, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit S, #16 Exhibit Q, #17 Exhibit R, #18 Exhibit T, #19 Exhibit V, #20 Exhibit W, #21 Exhibit X, #22 Exhibit Y)(Morico, Paul) |
| Filing 53 SEALED RESPONSE TO NON-PARTIES' MOTION TO QUASH re: #50 MOTION to Quash Plaintiff's Amended Notice of Subpoenas to HRSS LLP and Syed Fowad Zaidi and Notice of Deposition by Tru Kids Inc, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit S, #4 Exhibit U, #5 Proposed Order) (Morico, Paul) |
| Filing 52 Letter from Defendant Ali Afzal Enterprises, Inc., d/b/a TOYZ re: response to discovery letter, filed. (jengonzalez, 4) |
| Filing 51 Letter from Plaintiff TRU Kids, Inc. re: Defendant Ali Afzal Enterprises Inc.'s refusal to provide certain discovery, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (jengonzalez, 4) (Additional attachment(s) added on 8/22/2022: #5 Exhibit E) (jengonzalez, 4). |
| Filing 50 MOTION to Quash Plaintiff's Amended Notice of Subpoenas to HRSS LLP and Syed Fowad Zaidi and Notice of Deposition by Farida Afzal, Muhammad Fareed Afzal, Afzal Elite, LLC, filed. Motion Docket Date 9/7/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Barazi, Lema) |
| Filing 49 DECLARATION re: #48 SEALED MOTION FOR LEAVE TO AMEND ITS COMPLAINT AND REQUEST FOR CONTINUANCE, filed. (Attachments: #1 Exhibit TOC, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit S)(Morico, Paul) |
| Filing 48 SEALED MOTION FOR LEAVE TO AMEND ITS COMPLAINT AND REQUEST FOR CONTINUANCE by Tru Kids Inc, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit R, #4 Proposed Order) (Morico, Paul) |
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Filing 47
AMENDED SCHEDULING ORDER granting #46 Agreed MOTION to Modify Scheduling and Docket Control Order to Amend the Discovery Deadlines as to #30 Scheduling Order. ( Discovery due by 10/2/2022. Mediation due by 10/30/2022. Dispositive Motion Filing due by 10/20/2022. Non-Dispositive Motion Filing due by 10/20/2022. Joint Pretrial Order due by 11/10/2022. Docket Call set for 12/20/2022 at 01:30 PM in Courtroom 8B before Judge Charles Eskridge)(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 46 Agreed MOTION to Modify Scheduling and Docket Control Order to Amend the Discovery Deadlines as to #30 Scheduling Order,, by Tru Kids Inc, filed. Motion Docket Date 7/7/2022. (Attachments: #1 Proposed Order)(Morico, Paul) |
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Filing 45
ORDER DENYING MOTION TO AMEND SCHEDULING ORDER denying #39 MOTION for Leave to File Amended Complaint. The motion by Plaintiff Tru Kids Inc to modify the scheduling order is denied. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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Filing 44
ORDER re: TOYZ objects to providing responsive material in advance of any potential later finding of liability. See Ltr of 04/18/2022. Those objections are OVERRULED. TOYZ is ORDERED to comply with Request No 18 within fourteen days of this Order. A brief extension of expert discovery deadlines may be requested, if needed. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 43 REPLY in Support of #39 MOTION for Leave to File Amended Complaint, filed by Tru Kids Inc. (Morico, Paul) |
| Filing 42 RESPONSE to #39 MOTION for Leave to File Amended Complaint filed by Ali Afzal Enterprises Inc.. (Barazi, Lema) |
| Filing 41 NOTICE of Appearance by Emily Rose Pyclik on behalf of Tru Kids Inc, filed. (Morico, Paul) |
| Filing 40 DECLARATION re: #39 MOTION for Leave to File Amended Complaint, filed.(Morico, Paul) |
| Filing 39 MOTION for Leave to File Amended Complaint by Tru Kids Inc, filed. Motion Docket Date 4/26/2022. (Attachments: #1 Exhibit A, #2 Declaration, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Proposed Order)(Morico, Paul) |
| Filing 38 NOTICE of Appearance by Spencer Packard on behalf of Tru Kids Inc, filed. (Morico, Paul) |
| Filing 37 RESPONSE to Defendant's First Amended Original Answer and Counterclaims (Dkt. 36), filed by Tru Kids Inc. (Morico, Paul) |
| Filing 36 AMENDED ANSWER and COUNTERCLAIM against Tru Kids Inc by Ali Afzal Enterprises Inc., filed. (jengonzalez, 4) |
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Filing 35
ORDER granting #32 Motion for Leave to File Amended Answer.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 34 MOTION for Spencer Packard to Appear Pro Hac Vice by Tru Kids Inc, filed. Motion Docket Date 2/8/2022. (Morico, Paul) |
| Filing 33 Unopposed PROPOSED ORDER Granting Defendant's Motion for Leave to Amend Answer re: #32 Unopposed MOTION for Leave to File Amended Answer, filed.(Barazi, Lema) |
| Filing 32 Unopposed MOTION for Leave to File Amended Answer by Ali Afzal Enterprises Inc., filed. Motion Docket Date 2/3/2022. (Attachments: #1 Exhibit Amended Answer)(Barazi, Lema) |
| Filing 31 NOTICE of Appearance by Elizabeth Revere on behalf of Ali Afzal Enterprises Inc., filed. (Barazi, Lema) |
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Filing 30
SCHEDULING and DOCKET CONTROL ORDER. Amended Pleadings due by 1/14/2022. Joinder of Parties due by 1/14/2022 Pltf Expert Report due by 6/3/2022. Deft Expert Report due by 7/5/2022. Discovery due by 9/2/2022. Mediation due by 10/10/2022. Dispositive Motion Filing due by 10/3/2022. Non-Dispositive Motion Filing due by 10/3/2022. Joint Pretrial Order due by 10/17/2022. Docket Call set for 11/21/2022 at 09:30 AM in Courtroom 8B before Judge Charles Eskridge.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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Filing 28
PROTECTIVE ORDER granting #27 Joint MOTION for Entry of Order re: Protective Order (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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Filing 29
MINUTE ENTRY and ORDER: Minute entry for proceedings before Judge Charles Eskridge on December 15, 2021. INITIAL CONFERENCE. All parties represented by counsel. The Court addressed the joint discovery/case management plan. Dkt 23. By consent of the parties, 10(a)(i)(iv) constitute enforceable stipulations.The Court addressed the scheduling and docket control order proposed by the parties. Dkt 24. That proposal will be entered by separate order. The Court addressed the protective order proposed by the parties. Dkt 27. That proposal will be entered by separate order. Appearances: Paul Morico and Spencer Packard f/ Plaintiff/Counter Defendant; Beth Revere f/ Defendant/Counter Claimant. Ct Reporter: ERO. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| ***Reset Hearings: Initial Conference set for 12/15/2021 at 01:30 PM in Courtroom 8B before Judge Charles Eskridge. Reset as to TIME ONLY. (jengonzalez, 4) |
| Filing 27 Joint MOTION for Entry of Order re: Protective Order by Tru Kids Inc, filed. Motion Docket Date 1/3/2022. (Attachments: #1 Agreed Protective Order)(Morico, Paul) |
| Filing 26 CERTIFICATE OF INTERESTED PARTIES by Tru Kids Inc, filed.(Morico, Paul) |
| Filing 25 First CERTIFICATE OF INTERESTED PARTIES by Ali Afzal Enterprises Inc., filed.(Barazi, Lema) |
| Filing 24 PROPOSED ORDER SCHEDULING AND DOCKET CONTROL ORDER re: #23 JointDiscovery/Case Management Plan, filed.(Morico, Paul) |
| Filing 23 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Tru Kids Inc, filed.(Morico, Paul) |
| Filing 22 RESPONSE to #21 Answer to Complaint, Counterclaim , filed by Tru Kids Inc. (Morico, Paul) |
| Filing 21 ANSWER to #1 Complaint, COUNTERCLAIM against All Plaintiffs by Ali Afzal Enterprises Inc., filed.(Barazi, Lema) |
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Filing 20
ORDER granting #6 Motion for Emily Pyclik to Appear Pro Hac Vice.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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Filing 19
MINUTE ENTRY and ORDER: Minute entry for proceedings before Judge Charles Eskridge. Continuation of hearing on temporary restraining order. See Dkt 14. All parties present via Zoom. The Court addressed the motion by Plaintiff Tru Kids Inc d/b/a Toys R Us. Dkts 1-1 & 4. The motion was DENIED for reasons stated on the record, pertaining to finding that Plaintiff failed to demonstrate a substantial likelihood of success on its claims. The Court denied request for expedited discovery and prompt setting of hearing on preliminary injunction. The Rule 16 conference is set for December 15, 2021 at 2:30 PM in Courtroom 8B. The parties must confer and file a joint discovery and case management plan, together with a proposed scheduling and docket control order, by December 1, 2021. See Forms 4 & 5a. The motion by Tru Kids for leave to file a reply brief in excess of word limits is GRANTED. Dkt 18.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 18 MOTION for Leave to File Reply Brief in Excess of Word Limitations by Tru Kids Inc, filed. Motion Docket Date 11/24/2021. (Attachments: #1 Proposed Order)(Morico, Paul) |
| Filing 17 Additional EXHIBITS re: #16 Reply, by Tru Kids Inc, filed.(Morico, Paul) |
| Filing 16 REPLY Brief In Support of Its Emergency Motion for Temporary Restraining Order, filed by Tru Kids Inc. (Attachments: #1 Declaration, #2 Second Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit A)(Morico, Paul) |
| Filing 15 NOTICE of Setting. Parties notified. Motion Hearing set for 11/4/2021 at 09:30 AM by video before Judge Charles Eskridge, filed. (jengonzalez, 4) |
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Filing 14
MINUTE ENTRY ORDER: Minute entry for proceedings before Judge Charles Eskridge. Hearing on emergency request for temporary restraining order. All parties present via Zoom. The Court heard argument on the motion by Plaintiff Tru Kids Inc d/b/a Toys R Us. Dkts 1-1 & 4. The Court found emergency relief unwarranted as to the alleged Lanham Act violations. The Court also found that the requested relief was overly broad in the absence of evidence as to the three other toy stores operated by Defendant Ali Afzal Enterprises d/b/a Toyz.The motion was carried to later hearing. The parties were instructed to confer and then contact the Case Manager to set a date after November 1, 2021 to continue the hearing. Plaintiff was instructed to visit the three other stores operated by Defendant prior to next hearing. Plaintiff must also by October 29, 2021 provide Defendant with a copy of Plaintiff's lease with Galleria Mall or advise that it cant be readily obtained. Discovery is otherwise stayed. The parties may submit supplemental briefing prior to hearing, if desired. The parties were encouraged to discuss through counsel the potential for amicable resolution as to the Galleria Mall location. Appearances: Paul Richard Morico and Emily Pyclik f/ Plaintiff; Feras Mousilli, Lema Barazi, Beth Revere f/ Defendant. Ct Reporter: ERO. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 13 RESPONSE to #4 Memorandum, , filed by Tru Kids Inc. (Attachments: #1 Exhibit Declaration of Farida Afzal, #2 Exhibit Declaration of Jaime Uitdenhowen, #3 Proposed Order Proposed Order Denying Plaintiff's Motion for Temporary Restraining Order)(Barazi, Lema) |
| Filing 12 NOTICE of Setting. Parties notified. Motion Hearing set for 10/20/2021 at 03:00 PM by video before Judge Charles Eskridge, filed. (jengonzalez, 4) |
| Filing 11 NOTICE REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK re: #1 Complaint by Tru Kids Inc, filed. (Morico, Paul) |
| Filing 10 US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (RachelSalazaradi, 4) |
| Filing 9 Summons Issued as to Ali Afzal Enterprises Inc.. Issued summons delivered to plaintiff by NEF, filed.(hlerma, 4) |
| Filing 8 Request for Issuance of Summons as to Tru Kids Inc, filed.(Morico, Paul) |
| Filing 7 Certificate of Service by Tru Kids Inc, filed.(Morico, Paul) |
| Filing 6 MOTION for Emily Pyclik to Appear Pro Hac Vice by Tru Kids Inc, filed. Motion Docket Date 11/2/2021. (Morico, Paul) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Tru Kids Inc, filed.(Morico, Paul) |
| Filing 4 MEMORANDUM in Support of Emergency Motion for Temporary Restraining Order and Order to Show Cause for a Preliminary Injunction by Tru Kids Inc, filed. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order)(Morico, Paul) |
| Filing 3 Duplicate - Request for Issuance of Summons as to Ali Afzal Enterprises Inc., filed.(Morico, Paul) Modified on 10/12/2021 (hlerma, 4). |
| Filing 2 Request for Issuance of Summons as to Ali Afzal Enterprises Inc., filed.(Morico, Paul) |
| Filing 1 COMPLAINT against Ali Afzal Enterprises Inc. (Filing fee $ 402 receipt number 0541-27175853) filed by Tru Kids Inc. (Attachments: #1 Complaint, #2 Exhibit, #3 Exhibit, #4 Order)(Morico, Paul) |
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