2024-cv-02215 - 案件详情 - 61TRO案件查询网站

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2024-cv-02215

Schaefflers Technologies Ag & Co., KG v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Schedule A

日期 - 61TRO案件查询网站 日期:03/25/2024

法院 - 61TRO案件查询网站 法院:纽约州南区法院

品牌 - 61TRO案件查询网站 品牌:

律所 - 61TRO案件查询网站 律所:

日期 描述
05/30/2024 DECLARATION OF MICHAEL FALSONE:
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
5:Exhibit 5
6:Exhibit 6
7:Exhibit 7
8:Exhibit 8
9:Exhibit 9
10:Exhibit 10
11:Exhibit 11
12:Exhibit 12
13:Exhibit 13A
14:Exhibit 13B
15:Exhibit 14
16:Exhibit 15
17:Exhibit 16
18:Exhibit 17
19:Exhibit 18
20:Exhibit 19
21:Exhibit 20A
22:Exhibit 20B
05/30/2024 SUMMONS IN A CIVIL ACTION: ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 15 ***.
05/30/2024 COMPLAINT FOR TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION:
附件:
1:Exhibit 5-6
2:Exhibit 7-8
3:Exhibit 9-10
4:Exhibit 11-12
5:Exhibit 13-14
6:Exhibit 15-16
7:Exhibit 17-18
8:Exhibit 19-20
9:Exhibit 21-22
10:Exhibit 23
11:Exhibit 24
12:Exhibit 25-26
13:Exhibit 27-28
14:Exhibit 29A
15:Exhibit 29B
16:Exhibit 30
17:Exhibit 31-32
18:Exhibit 33-34
19:Exhibit 35-36
20:Exhibit 37-38
21:Exhibit 39-40
22:Exhibit 41-42
23:Exhibit 43A
24:Exhibit 43B
25:Exhibit 44
26:Exhibit A Final
06/05/2024 AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 6/5/2024 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF).
06/04/2024 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, without prejudice and without costs against the defendant(s) The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Schedule A. Document filed by Schaefflers Technologies AG & Co., KG. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
06/04/2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Timothy Kelly. RE-FILE Document No. [17] Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected (Do Not Select Any Group). Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF.
06/03/2024 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, without prejudice and without costs against the defendant(s) All Defendants. Document filed by Schaefflers Technologies AG & Co., KG. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
06/03/2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Timothy Kelly. RE-FILE Document No. [16] Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF.
05/31/2024 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, without prejudice and without costs against the defendant(s) All Defendants. Document filed by Schaefflers Technologies AG & Co., KG. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
05/31/2024 MEMO ENDORSEMENT granting 14 Motion for Release of Bond Obligation. ENDORSEMENT The Clerk of Court is respectfully directed to release the bond posted by Schaeffler on March 28, 2024. The Clerk of Court is also directed to unseal the documents in this matter. SO ORDERED. (Signed by Judge Edgardo Ramos on 5/31/2024) (jca) Transmission to Finance Unit (Cashiers) for processing. Transmission to Sealed Records Clerk for processing.
05/30/2024 MOTION for Release of Bond Obligation. Document filed by Schaefflers Technologies AG & Co., KG.
05/28/2024 ORDER granting [11] Letter Motion for Extension of Time. For the reasons described in the Plaintiff's letter, the preliminary injunction hearing scheduled for May 29, 2024 at 2:30 PM is rescheduled to June 12, 2024 at 2:30 PM. The hearing will proceed before the Honorable Edgardo Ramos in Courtroom 619 of the United States Courthouse, 40 Foley Square, New York, NY. SO ORDERED. (Signed by Judge Edgardo Ramos on 5/28/2024)
05/28/2024 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF).
05/27/2024 THIRD LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Timothy J. Kelly dated 05/27/2024. Document filed by Schaefflers Technologies AG & Co., KG.
05/25/2024 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.
05/06/2024 ORDER: The parties are directed to appear on May 29, 2024 at 2:30 PM before the Honorable Edgardo Ramos in Courtroom 619 of the United States Courthouse, 40 Foley Square, New York, NY, for a hearing on the motion for a preliminary injunction. SO ORDERED. (Motion Hearing set for 5/29/2024 at 02:30 PM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 5/6/2024)
04/29/2024 ORDER granting 7 Letter Motion for Extension of Time. For the reasons described in Plaintiffs letter, the temporary restraining order is extended until May 13, 2024. The preliminary injunction hearing currently scheduled for April 30, 2024 is cancelled, and the Court will issue another order regarding scheduling a new hea1ing date. Plaintiff is advised that the Court will not ente1tain in-person witnesses at the hearing. SO ORDERED. (Signed by Judge Edgardo Ramos on 4/29/2024)
04/26/2024 SECOND LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Timothy J. Kelly dated 04/26/2024. Document filed by Schaefflers Technologies AG & Co., KG.
04/25/2024 AFFIDAVIT OF SERVICE of Complaint, TRO, Supporting Papers served on Defendants of Schedule A on 04/11/2024. Document filed by Schaefflers Technologies AG & Co., KG.
04/09/2024 Set/Reset Hearings: Oral Argument set for 4/30/2024 at 04:00 PM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos.
04/09/2024 ORDER granting 4 Letter Motion for Extension of Time. For the reasons described in Plaintiffs letter, the temporary restraining order is extended until April 30, 2024. A preliminary injunction hearing will be held on Ap1il 30, 2024 at 4 p.m. in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos. SO ORDERED. (Signed by Judge Edgardo Ramos on 4/8/2024)
04/08/2024 FIRST LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Timothy J. Kelly dated 04/08/2024. Document filed by Schaefflers Technologies AG & Co., KG.
03/28/2024 CASHIERS OFFICE REGISTRY DEPOSIT dated 3/26/2024, from Judge Edgardo Ramos, received $5000.00 from Schaefflers Technologies AG & Co., KG Receipt Number 27844 on 3/28/2024.
03/26/2024 ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER The Court having considered Plaintiff's ex parte motion, including the Declarations of Timothy J. Kelly, Anton Peakovic, Ed Hurley, and Michael Falsone, as well as all other papers filed in support of Plaintiff's application for a Preliminary Injunction, an Ex Parte Temporary Restraining Order, a Temporary Asset Restraint, and Expedited Discovery (the "Application"), requesting the following relief: (i) a temporary restraining order against defendants (as described in Schedule A attached to the Complaint (collectively, "Defendants"), which shall also be attached to this Order), enjoining Defendants from the marketing, advertising, distribution, offer for sale, and sale of counterfeit infringing products (the "Infringing Products") bearing, using, or otherwise infringing upon Plaintiff's FAG and/or INA trademarks that are the subject of United States Trademark Registration Nos. 759,980; 759,957; 759,908; 3,673,117; 4,103,952; 673,150;828,795; 828,796; 2,482,859; 3,623,099; and 3,576,373 (the "Schaeffler Trademarks"); (ii) a temporary restraint of certain of Defendants' assets, described below, to preserve Plaintiff's right to an equitable accounting; (iii) expedited discovery allowing Plaintiff to inspect and copy Defendants'records relating to the acquisition, advertising, marketing, distribution, offering for sale, and sale of the Infringing Products, as well as of Defendants' financial accounts; and (iv) an Order directing Defendants to show cause why a preliminary injunction should not issue on the return date of the Application. The Clerk of Court is directed to issue a single original summons in the name of "The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Schedule A to the Complaint" that shall apply to all Defendants. Plaintiff shall deposit with the Court Five Thousand Dollars ($5,000.00), by way of either cash, a cashier's check, or a surety bond, as security, which amount has been determined to be adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Good cause having been shown in connection with Plaintiff's application herein as well as in Plaintiff's co-pending motion for an order to temporarily seal certain documents filed in support of Plaintiff's requests in this matter, it is hereby Ordered that Schedule A hereto (also attached to the Complaint as Schedule A) shall be sealed and remain sealed until further Order of this Court. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on Plaintiff's counsel on or before April 12, 2024. This Temporary Restraining Order without notice is entered aton March 26, 2024, and shall remain in effect for fourteen (14) days, unless otherwise extended by further Order of this Court. (And as further set forth herein.) SO ORDERED. (Oral Argument set for 4/17/2024 at 02:30 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 3/26/2024) (jca) Transmission to Civil Case Openings Clerk for processing. Transmission to Finance Unit (Cashiers) for processing.
03/25/2024 SEALED DOCUMENT placed in vault.
03/25/2024 ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Timothy Joseph Kelly to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents.
03/25/2024 SUMMONS ISSUED as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Schedule A.
03/25/2024 ORDER REDACTING PLEADING FILED IN 24MC123. Document filed by Schaefflers Technologies AG & Co., KG.
03/25/2024 CIVIL COVER SHEET filed.

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