最近更新：2024-12-25
2021-cv-00554
| 日期 | 描述 |
|---|---|
| 04/05/2022 | FULL SATISFACTION of Judgment regarding order 45 in the amount of $50,000 as to Certain Defendants |
| 12/10/2021 | FULL SATISFACTION of Judgment regarding order 45 in the amount of $50,000 as to Def. No. 248, visitefair |
| 08/16/2021 | MAILED trademark report with certified copy of minute order dated 08/10/21 to Patent Trademark Office, Alexandria VA. 附件： 1:Certified Minute Order |
| 08/10/2021 | DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 8/10/2021. Notices mailed. |
| 08/10/2021 | MINUTE entry before the Honorable Manish S. Shah: No defendants have appeared to object to the motion for entry of default judgment. The motion 40 is granted. Based on the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's marks irreparably harms plaintiff and confuses the public. The infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants, the strong value of the plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $50,000 is an appropriate award of statutory damages. The court declines to enter a permanent injunction directed at third parties providing services to Defaulting Defendants. No evidence has been submitted to support that kind of relief and an injunction directed to defendants to stop infringement is adequate to vindicate plaintiff's rights established merely by a default judgment. The court also declines to order permanent expedited discovery from third parties as a part of a judgment order. Plaintiff can pursue its damages award using supplemental proceedings. Enter Default Judgment Order. Terminate civil case. Notices mailed. |
| 08/03/2021 | CERTIFICATE of Service by Charles Edward McElvenny on behalf of Weifang Tengyi Jewelry Trading Co. Ltd regarding set deadlines, 42 |
| 08/02/2021 | MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for default judgment must be properly filed by 8/6/21. Plaintiff must serve this notice on defendants. If no objections are filed, the motion will be considered unopposed. Notices mailed. |
| 07/30/2021 | CERTIFICATE of Service by Charles Edward McElvenny on behalf of Weifang Tengyi Jewelry Trading Co. Ltd regarding MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd for default judgment as to Defendants Identified On Schedule AMOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd for entry of default and Incorporated Memorandum of Law 40 |
| 07/29/2021 | MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd for default judgment as to Defendants Identified On Schedule A, MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd for entry of default and Incorporated Memorandum of Law 附件： 1:Exhibit Declaration of L. Ford Banister, II 2:Errata Unreported Cases |
| 07/26/2021 | CERTIFICATE of Service by Charles Edward McElvenny on behalf of Weifang Tengyi Jewelry Trading Co. Ltd regarding summons issued, amended complaint 36 |
| 06/09/2021 | SUMMONS Issued as to Defendant Partnerships and Unincorporated Associations Identified on Schedule "A", The |
| 06/08/2021 | MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for electronic service of process 37 is granted. Plaintiff may provide notice of the proceedings in this case to Defendants, including service of process pursuant to Fed. R. Civ. P. 4(f)(3), and any future motions, by electronically publishing a link to the Pleadings, this Order, and other relevant documents on a website and by sending an email with a link to that website to the email addresses associated to defendants. Electronic publication alone is not sufficient; plaintiff must serve defendants by email in addition to electronic publication. The Clerk of the Court is directed to issue a single original summons in the name of "4Better Store and all other Defendants identified in the First Amended Complaint" that shall apply to all Defendants. The combination of providing notice via electronic publication and email, along with any notice that Defendants receive from payment processors, shall constitute notice reasonably calculated under all circumstances to apprise Defendants of the pendency of the action and afford them the opportunity to present their objections. Plaintiff must serve defendants by 8/9/21, and file a status report by 8/17/21. Notices mailed. |
| 06/08/2021 | MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd PLAINTIFF'S MOTION FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3) 附件： 1:Exhibit Unreported Cases |
| 06/08/2021 | First AMENDED complaint by Weifang Tengyi Jewelry Trading Co. Ltd against Weifang Tengyi Jewelry Trading Co. Ltd 附件： 1:Exhibit 2:Exhibit 3:Exhibit 4:Exhibit |
| 06/03/2021 | NOTICE by Larry Ford Banister, II of Change of Address |
| 03/31/2021 | SEALED ORDER. Signed by the Honorable Manish S. Shah on 3/31/2021. Notices mailed. |
| 03/31/2021 | MINUTE entry before the Honorable Manish S. Shah: Plaintiff's renewed motion for expedited discovery 32 is granted in part. Plaintiff has good cause to conduct discovery to identify defendants because the only way to pursue its claim is to issue some discovery to learn the identities of the otherwise largely anonymous defendants. But plaintiff does not have good cause to conduct early merits discovery, that is, to use the court's discovery processes to investigate the scope of defendants' conduct. Because plaintiff has not offered evidence in support of a preliminary injunction or temporary restraining order, the court has no basis to conclude that there is any likelihood of success and that an order requiring defendants or third parties to disclose an accounting of sales or the breadth of defendants' conduct is necessary before the parties have joined issue. Plaintiff has made a showing that defendants may conceal themselves or assets but that only justifies early discovery to identify defendants and the sealing of Schedule A. Identifying defendants' financial accounts is part of identifying defendants and is included within identifying information that may be disclosed. The early discovery order is issued under seal, but may be served on third parties who are under no obligation to maintain secrecy of the order. Enter order. Notices mailed. |
| 03/30/2021 | MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd for discovery Renewed Motion for Expedited Discovery and Incorporated Memorandum of Law, MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd to seal document (Expedited Discovery Order) 附件： 1:Exhibit Unreported Cases |
| 02/10/2021 | MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for expedited early discovery and to seal 30 is granted in part, denied without prejudice in part. The Corrected Schedule A and the Exhibits to the Declaration of Teng Guangyao, 9 and 11 through 29, may be filed under seal because if they were publicly disclosed before plaintiff identified defendants and assets, plaintiff would suffer irreparable harm by defendants redirecting their websites, concealing their identities, and moving assets. But the request for early discovery is denied without prejudice to renewal. Plaintiff may have good cause to conduct some early discovery of third parties to identity defendants, but plaintiff must explain more precisely what third parties it intends to subpoena, whether the third parties are subject to the court's subpoena power, and what specific requests plaintiff intends to make in a subpoena. The Court notes that it is not persuaded that the defendants listed in Schedule A are properly joined, and discovery should not be used to investigate information that should be known before filing a lawsuit. The similarity across websites does not suggest coordination any more than it suggests mere copying. The latter is not proof that defendants are engaged in the same series of transactions, as opposed to acting independently. Plaintiff's claim that defendants are in constant communication with each other is only on information and belief and the declaration offers no basis to credit that assertion in this case. Plaintiff offers no explanation for how it drew a line to select the 255 defendants it thinks are working together. The court is concerned that imposing discovery obligations on third parties on such a bare record would be unnecessarily burdensome. Plaintiff has leave to file a renewed motion for early discovery. Notices mailed. |
| 02/10/2021 | MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd for discovery Expedited, MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd to seal document sealed document 15, sealed document 11, sealed document 17, sealed document 29, sealed document 23, sealed document 22, sealed document 27, sealed document 24, sealed document 12, sealed document 20, sealed document 25, sealed document 13, sealed document 9, sealed document 16, sealed document 14, sealed document 26, sealed document 19, sealed document 21, sealed document 28, sealed document 18 附件： 1:Exhibit Unreported Cases |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. T to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. S to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. R to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. Q to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. P to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. O to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. N to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. M to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. L to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. K to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. J to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. I to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. H to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. G to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. F to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. E to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. D to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. C to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. B to Declaration of Teng Guangyao [Doc. 10] |
| 02/10/2021 | DECLARATION of Teng Guangyao 附件： 1:Exhibit ULOVEIDO Trademark Registration Certificate |
| 02/09/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Corrected Schedule A Initially filed at Doc. 4 |
| 02/03/2021 | MINUTE entry before the Honorable Manish S. Shah: The motion to file Schedule A under seal 6 is granted, subject to the court's review of plaintiff's forthcoming motion for a temporary restraining order. The court notes that it has concerns about the propriety of joinder and the court expects a concrete demonstration that all defendants are properly joined. The court is dubious that defendant number 239 is properly joined or should be subject to the kinds of injunctions that are issued in these types of cases. Notices mailed. |
| 02/01/2021 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
| 02/01/2021 | MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd to seal Schedule A |
| 02/01/2021 | ATTORNEY Appearance for Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd by Charles Edward McElvenny |
| 02/01/2021 | CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. |
| 02/01/2021 | SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Schedule A |
| 01/31/2021 | ATTORNEY Appearance for Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd by Larry Ford Banister, II |
| 01/31/2021 | CIVIL Cover Sheet |
| 01/31/2021 | COMPLAINT filed by Weifang Tengyi Jewelry Trading Co. Ltd; JURY DEMAND. Filing fee $ 402, receipt number 0752-17881674. 附件： 1:Exhibit 2:Exhibit 3:Exhibit 4:Exhibit |
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