最近更新：2024-12-25
2022-cv-01107
| 日期 | 描述 |
|---|---|
| 09/26/2022 | ORDER FOR WITHDRAWAL OF ATTORNEY OF RECORD granting 29 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED the removal of Harry J. Moren as attorney for Plaintiffs ANTSY LABS INC.; ZURU INC. Attorney Harry J Moren terminated. (Signed by Judge Naomi Reice Buchwald on 9/26/2022) |
| 09/19/2022 | PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Antsy Labs, LLC, ZURU Inc. Related Document Number: 29. |
| 09/19/2022 | AFFIDAVIT of Harry J. Moren in Support re: 29 MOTION for Harry J. Moren to Withdraw as Attorney of Record. Document filed by Antsy Labs, LLC, ZURU Inc. |
| 09/19/2022 | MOTION for Harry J. Moren to Withdraw as Attorney of Record. Document filed by Antsy Labs, LLC, ZURU Inc. |
| 09/19/2022 | ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Christopher Tom to RE-FILE Document 28 MOTION for Harry J. Moren to Withdraw as Attorney of Record. ERROR(S): Supporting documents are filed separately, each receiving their own document #. |
| 09/07/2022 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Harry J. Moren to Withdraw as Attorney of Record. Document filed by Antsy Labs, LLC, ZURU Inc. 附件： 1:Affidavit of Harry Moren J. 2:(Text of Proposed Order for Withdrawal of Attorney of Record). Modified on 9/19/2022 (db) |
| 05/16/2022 | NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint. Document filed by Antsy Labs, LLC, ZURU Inc. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 04/29/2022 | NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. |
| 04/19/2022 | LETTER addressed to Counsel Harry J Moren, Christopher Tom, and Michael R. Yellin from United States District Judge Naomi Reice Buchwald dated 4/19/2022 re: The Court has read and reviewed your letter dated March 1, 2022, the revised papers you submitted in support of your request for an Order to Show Cause dated March 7, 2022, your letter dated March 18, 2022 and its accompanying exhibits, and the declaration of Daniel P. Mullarkey dated April 5, 2022. (ECF Nos. 20-27.) We have also received the physical exhibits that you have sent to chambers. To receive protection under copyright law, you must establish a "substantial similarity" between the Antsy Labs "Fidget Cube" and the alleged infringing work. See 2 Nimmer on Copyright §§ 8.09; 13.03 (2022). Further, if material copied from your work is unprotectible, the resulting work will not constitute an infringement. See id. § 8.01. Utilizing this standard, our initial review of the exhibits that you attached to the February 8, 2022 Declaration of Stephen Drysdale (ECF No. 7) raises serious questions as to whether all (or even most) of the items you seek to enjoin are protectable under the proper scope of your single copyright. For example, Exhibits 1, 40, 62, 70, and 74 do not actually appear to infringe on the Antsy Labs copyright. Before we can further consider your requested for a temporary restraining order, you need to submit a memorandum of law which sets out the legal standard (with case law support) articulating the scope and limits of your single copyright. Your papers must be specific as to exactly which of the many exhibits you maintain violate your copyright. Your position should be set out in text as well as in a chart form that shows the name of each seller, the name and identifying information of the alleged infringing them item, and a screenshot of both the object and proof that is is available for purchase in New York. The Court awaits your submission. |
| 04/05/2022 | DECLARATION of Daniel P. Mullarkey in Support re: 24 Letter. Document filed by Antsy Labs, LLC, ZURU Inc. |
| 03/18/2022 | LETTER addressed to Judge Naomi Reice Buchwald from Christopher Tom dated March 18, 2022 re: Plaintiffs' copyright with respect to Plaintiffs' Application for an Order to Show Cause. Document filed by Antsy Labs, LLC, ZURU Inc. 附件： 1:Exhibit 1 (Certified Copy of Copyright Application) 2:Exhibit 2 (2018.05.14 LT from Copyright Office) 3:Exhibit 3 (2018.08.14 LT Request for Reconsideration) 4:(Exhibit 4 (2019.01.30 LT from Copyright Office)) |
| 03/07/2022 | ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 21 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. |
| 03/07/2022 | AMENDED MEMORANDUM OF LAW re: 8 Memorandum of Law in Support. Document filed by Antsy Labs, LLC, ZURU Inc. |
| 03/07/2022 | DECLARATION of Stephen Drysdale re: 6 Declaration in Support. Document filed by Antsy Labs, LLC, ZURU Inc. |
| 03/07/2022 | PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Antsy Labs, LLC, ZURU Inc. Related Document Number: 5. Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| 03/01/2022 | LETTER addressed to Judge Naomi Reice Buchwald from Christopher Tom dated March 1, 2022 re: Order #17. Document filed by Antsy Labs, LLC, ZURU Inc. |
| 02/24/2022 | ORDER FOR ADMISSION PRO HAC VICE: granting 18 Motion for Harry J. Moren to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. So Ordered. (Signed by Judge Naomi Reice Buchwald on 2/24/2022) |
| 02/23/2022 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Harry J. Moren to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-25765858. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. |
| 02/22/2022 | MOTION for Harry J. Moren to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-25765858. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Antsy Labs, LLC, ZURU Inc. 附件： 1:Exhibit 1 (Affidavit) 2:Exhibit 2 (Certificate of Good Standing) 3:(Exhibit 3 (Text of Proposed Pro Hac Vice Order)) |
| 02/10/2022 | LETTER: addressed to Counsel from Naomi Reice Buchwald, United States District Judge dated 2/10/2022 re: The Court has read the papers you have submitted in support of your request for an Order to Show Cause. We have several concerns that must be resolved before we can consider the specifics of your request for relief. First, your papers do not appear to contain any description or explanation of the content or scope of Antsy Labs, LLC's copyright. In the absence of clarity on that subject, there is no way for the Court to evaluate whether any copyright infringement has occurred, an issue that goes to the likelihood of success on the merits. Second, while there are numerous references in the papers to plaintiffs' "mark," there is no indication in the papers that plaintiffs are the holders of a registered mark. Please clarify whether plaintiffs have a registered trademark or previously made efforts to register "FIDGET CUBE" as a mark, and if so, the outcome of any such registration effort. Third, we wish to bring to your attention our decision in Mattel, Inc. v. Entities, et al., 20 Civ. 11075 at ECF No. 55, which raises serious questions about the appropriateness of some of the relief requested. Finally, we wish to direct you to an order that we recently signed in Moonbug Entertainment Ltd., et al. v. ama_store, et al., 21 Civ. 10317 at ECF No. 10. To the extent that there are parallel provisions in your Proposed Order to Show Cause, we recommend utilizing the Moonbug Order as a model. Additionally, to the extent that you seek relief that is not present in the Moonbug Order, we are disinclined to order such relief. |
| 02/09/2022 | NOTICE OF APPEARANCE by Christopher Tom on behalf of Antsy Labs, LLC, ZURU Inc. |
| 02/09/2022 | ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. |
| 02/09/2022 | 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. |
| 02/09/2022 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Michael R. Yellin re: Document No. 4 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s) Date Filed Field is incorrect. Do not re-file the form. The Court has corrected the deficiency/deficiencies. |
| 02/09/2022 | Case Designated ECF. |
| 02/09/2022 | Magistrate Judge Debra C. Freeman 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. |
| 02/09/2022 | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions. |
| 02/08/2022 | ***EX-PARTE***REDACTION to 7 Declaration in Support, Exhibit 2 (Part 4) by Antsy Labs, LLC, ZURU Inc. Motion or Order to File Under Seal: 9. 附件： 1:Def 106 2:Def 107 3:Def 108 4:Def 109 5:Def 110 6:Def 111 7:Def 112 8:Def 113 9:Def 114 10:Def 115 11:Def 116 12:Def 117 13:Def 118 14:Def 119 15:Def 120 16:Def 121 17:Def 122 18:Def 123 19:Def 124 20:Def 125 21:Def 126 22:Def 127 23:Def 128 24:Def 129 25:Def 130 26:Def 131 27:Def 132 28:Def 133 29:Def 134 30:Def 135 31:Def 136 32:(Def 137) |
| 02/08/2022 | ***EX-PARTE***REDACTION to 7 Declaration in Support, Exhibit 2 (Part 3) by Antsy Labs, LLC, ZURU Inc. Motion or Order to File Under Seal: 9. 附件： 1:Def 77 2:Def 78 3:Def 79 4:Def 80 5:Def 81 6:Def 82 7:Def 83 8:Def 84 9:Def 85 10:Def 86 11:Def 87 12:Def 88 13:Def 89 14:Def 89 part b 15:Def 89 part c 16:Def 90 17:Def 91 18:Def 92 19:Def 93 20:Def 94 21:Def 95 22:Def 96 23:Def 97 24:Def 98 25:Def 99 26:Def 100 27:Def 101 28:Def 102 29:Def 103 30:(Def 104) |
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