最近更新：2025-02-26
2024-cv-21265
| 日期 | 描述 |
|---|---|
| 12/04/2024 | FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. 附件： 1:(DE#42) (scn) |
| 12/03/2024 | FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION: DEFAULT JUDGMENT in favor of Tesla, Inc. against Alibaba-Model Global Store, Angel Toy Store, Anime Peripherals Store Store, Big Fish Sissy Toy Store, CHILDLIKE TOY Store, CP Toys Store, CarLovers Store, DZ Toys Store, Diecast Voiture Collection Store, Dropshipping Wholesales Store, DuDuBee Store, DuDuPang Store, Dubee Store, DuoLe Store Store, FKTOYS Store, FeiDuuDuu Store, FiFi Toy Store, Flynova Store, HWeiHan Store, Happy Player Store, Hojoy Toys Cars Store, Hong Hong Toy Store, Iteslacom Model3 Car Store, KaKBeir Store, LUNBi Store, MINI Model Store, Magikids Store, Muwanzi Store, Nicee Model Store, OpenNi Toys Store, PANGHU Toy Store, SJNing Store, ShenzhenYieryiTechnologyCo. Store, Shop1103305497 Store, Shop1103338456 Store, Shop3473039 Store, Shop911877456 Store, SimpleSharing Store, Super-Boy-Gift-Toy Store, Sustainable Development Car Parts Store, Tesland Accessories Store, Toys You Have Not Seen Store, Tutu Toys Store, VALLING Toy Dropshipping Store, WhimsiPlay Store, Xturboman Official Store, Yoheei Kids Official Store, Yongyue Crafts Model Store. The Clerk shall CLOSE this case. All deadlines and hearings are TERMINATED, and any pending motions are DENIED AS MOOT. Closing Case. Signed by Judge Darrin P. Gayles on 12/3/2024. See attached document for full details. |
| 12/03/2024 | ORDER ON MOTION FOR ENTRY OF FINAL DEFAULT JUDGMENT: Granting [40] Motion for Default Judgment against those Defendants listed in the attached Schedule A. Final Default Judgment will be entered by separate order. Signed by Judge Darrin P. Gayles on 12/3/2024. See attached document for full details. |
| 11/19/2024 | MOTION for Default Judgment by Tesla, Inc. 附件： 1:Exhibit Schedule A - Defaulting Defendants 2:Affidavit of Richard Guerra 3:Text of Proposed Order Granting Motion for Entry of Final Default Judgment 4:(Text of Proposed Order Final Default Judgment and Permanent Injunction) |
| 11/12/2024 | Clerk's Entry of Default as to Alibaba-Model Global Store, Angel Toy Store, Anime Peripherals Store Store, Big Fish Sissy Toy Store, CHILDLIKE TOY Store, CP Toys Store, CarLovers Store, DZ Toys Store, Diecast Voiture Collection Store, Dropshipping Wholesales Store, DuDuBee Store, DuDuPang Store, Dubee Store, DuoLe Store Store, FKTOYS Store, FeiDuuDuu Store, FiFi Toy Store, Flynova Store, HWeiHan Store, Happy Player Store, Hojoy Toys Cars Store, Hong Hong Toy Store, Iteslacom Model3 Car Store, KaKBeir Store, LUNBi Store, MINI Model Store, Magikids Store, Muwanzi Store, Nicee Model Store, OpenNi Toys Store, PANGHU Toy Store, SJNing Store, ShenzhenYieryiTechnologyCo. Store, Shop1103305497 Store, Shop1103338456 Store, Shop3473039 Store, Shop911877456 Store, SimpleSharing Store, Super-Boy-Gift-Toy Store, Sustainable Development Car Parts Store, Tesland Accessories Store, Toys You Have Not Seen Store, Tutu Toys Store, VALLING Toy Dropshipping Store, WhimsiPlay Store, Xturboman Official Store, Yoheei Kids Official Store, and Yongyue Crafts Model Store. Granting 38 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 11/12/2024. |
| 11/12/2024 | MOTION for Clerk's Entry of Default as to Alibaba-Model Global Store, Angel Toy Store, Anime Peripherals Store Store, Big Fish Sissy Toy Store, CHILDLIKE TOY Store, CP Toys Store, CarLovers Store, DZ Toys Store, Diecast Voiture Collection Store, Dropshipping Wholesales Store, DuDuBee Store, DuDuPang Store, Dubee Store, DuoLe Store Store, FKTOYS Store, FeiDuuDuu Store, FiFi Toy Store, Flynova Store, HWeiHan Store, Happy Player Store, Hojoy Toys Cars Store, Hong Hong Toy Store, Iteslacom Model3 Car Store, KaKBeir Store, LUNBi Store, MINI Model Store, Magikids Store, Muwanzi Store, Nicee Model Store, OpenNi Toys Store, PANGHU Toy Store, SJNing Store, ShenzhenYieryiTechnologyCo. Store, Shop1103305497 Store, Shop1103338456 Store, Shop3473039 Store, Shop911877456 Store, SimpleSharing Store, Super-Boy-Gift-Toy Store, Sustainable Development Car Parts Store, Tesland Accessories Store, Toys You Have Not Seen Store, Tutu Toys Store, VALLING Toy Dropshipping Store, WhimsiPlay Store, Xturboman Official Store, Yoheei Kids Official Store, Yongyue Crafts Model Store by Tesla, Inc. 附件： 1:Exhibit Schedule A - Defaulting Defendants 2:(Affidavit of Richard Guerra) |
| 11/04/2024 | Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): DZ Toys Store, ShenzhenYieryiTechnologyCo. Store, MINI Model Store, FiFi Toy Store, Hojoy Toys Cars Store, Flynova Store, Dropshipping Wholesales Store, Nicee Model Store, Tesland Accessories Store, Muwanzi Store, Big Fish Sissy Toy Store, SJNing Store, CP Toys Store, Magikids Store, Toys You Have Not Seen Store, KaKBeir Store, LUNBi Store, Shop3473039 Store, Tutu Toys Store, WhimsiPlay Store, FKTOYS Store, Alibaba-Model Global Store, Angel Toy Store, Shop1103305497 Store, FeiDuuDuu Store, Hong Hong Toy Store, Sustainable Development Car Parts Store, Super-Boy-Gift-Toy Store, Yongyue Crafts Model Store, Shop1103338456 Store, PANGHU Toy Store, Diecast Voiture Collection Store, CHILDLIKE TOY Store, Happy Player Store, Xturboman Official Store, VALLING Toy Dropshipping Store, Iteslacom Model3 Car Store, Shop911877456 Store, SimpleSharing Store, Anime Peripherals Store Store, DuDuBee Store, OpenNi Toys Store, Yoheei Kids Official Store, DuDuPang Store, HWeiHan Store, DuoLe Store Store, CarLovers Store and Dubee Store. |
| 10/24/2024 | PAPERLESS ORDER dismissing, with prejudice, this action in its entirety against Defendants HOBBYMODEL STORE (DOE 11),ROBOTDRAGON STORE (DOE 53), and SUEZ MIRACLE (DOE 47) in light of the Plaintiff's 35 Notice of Voluntary Dismissal as to Certain Defendants Only. Signed by Judge Darrin P. Gayles on 10/24/2024. (bs00) |
| 10/09/2024 | NOTICE of Voluntary Dismissal as to Certain Defendants only by Tesla, Inc. |
| 10/07/2024 | PAPERLESS ORDER dismissing, with prejudice, this action in its entirety against Defendants JIZHIUPUP STORE (DOE 51), SOLARPOLE STORE (DOE 4), YOUR NAME STORE (DOE 8), and YUNCHUANGKE STORE (DOE 55) in light of the Plaintiff's [33] Notice of Voluntary Dismissal as to Certain Defendants. Each party shall bear its own costs and fees. Signed by Judge Darrin P. Gayles on 10/7/2024. (bs00) |
| 09/30/2024 | NOTICE of Voluntary Dismissal as to Certain Defendants only by Tesla, Inc. |
| 09/26/2024 | ORDER GRANTING 17 PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Darrin P. Gayles on 9/26/2024. See attached document for full details. |
| 09/24/2024 | NOTICE of Compliance re [30] Order to Unseal documents. All documents in this case have been unsealed per DE#30. |
| 09/24/2024 | PAPERLESS ORDER granting [28] Plaintiff's Motion to Unseal. Plaintiff requests that all documents previously filed under seal be unsealed as a seal in this matter is no longer required. Therefore, the Clerk of Court is directed to unseal all docket entries in this case and return those portions of the Court file to the public records. Signed by Judge Darrin P. Gayles on 9/24/2024. (bs00) |
| 09/23/2024 | NOTICE of Filing Proposed Order Granting Motion for Preliminary Injunction by Tesla, Inc. 附件： 1:Text of Proposed Order |
| 09/23/2024 | MOTION to Unseal Docket by Tesla, Inc. 附件： 1:Text of Proposed Order |
| 09/23/2024 | SERVICE (Proof) by Publication by Tesla, Inc. Last Publication date 9/13/2024. Claims/Positions/Written Defenses/Answers/etc., due by 10/15/2024. |
| 09/20/2024 | Order |
| 09/20/2024 | SYSTEM ENTRY - Docket Entry 26 [misc] restricted/sealed until further notice. |
| 09/13/2024 | Summons Issued as to The Individuals, Partnerships, and Unincorporated Associations identified on Schedule A. |
| 09/13/2024 | NOTICE of Filing Proposed Summons(es) by Tesla, Inc. 附件： 1:Summon(s) 2:(Exhibit Schedule A) |
| 09/05/2024 | Reset Deadlines per DE#23: Responses due by 9/20/2024. Replies due by 9/24/2024. |
| 09/05/2024 | PAPERLESS ORDER granting [22] Plaintiff's Motion to Extend Ex Parte Temporary Restraining Order and Reschedule Hearing on Motion for Preliminary Injunction. The Court finds good cause for the extension as Defendants have not yet been served with the Motion and their assets have not been restrained. Therefore, the hearing on the Motion for Preliminary Injunction shall be reset for September 25, 2024, at 1:30 p.m., at the Wilkie D. Ferguson Jr. U.S. Courthouse, 400 North Miami Avenue, Courtroom 11-1, Miami, Florida. The Temporary Restraining Order shall remain in effect through the September 25, 2024 hearing. Responses or opposition to Plaintiff's Motion for Preliminary Injunction must be filed and served on Plaintiff's counsel by September 20, 2024. Plaintiff shall file any Reply Memorandum on or before September 24, 2024. Plaintiff shall provide Defendants with a copy of the Temporary Restraining Order and the instant Order. Once those copies have been provided, Plaintiff shall move to unseal this action. Signed by Judge Darrin P. Gayles on 9/5/2024. (bs00) |
| 09/05/2024 | MOTION for Extension of Time to Extend Temporary Restraining Order and Hearing on Motion for Preliminary Injunction by Tesla, Inc. Responses due by 9/19/2024. 附件： 1:Affidavit of Richard Guerra 2:Text of Proposed Order |
| 08/13/2024 | Preliminary Injunction Hearing set for 9/11/2024 at 2:00 PM in Miami Division before Judge Darrin P. Gayles. |
| 08/13/2024 | SYSTEM ENTRY - Docket Entry 21 [order] restricted/sealed until further notice. |
| 08/13/2024 | Order |
| 07/29/2024 | SYSTEM ENTRY - Docket Entry 20 [order] restricted/sealed until further notice. |
| 07/29/2024 | Order |
| 07/19/2024 | SYSTEM ENTRY - Docket Entry 19 [motion] restricted/sealed until further notice. (951567) |
| 07/19/2024 | SYSTEM ENTRY - Docket Entry 18 [misc] restricted/sealed until further notice. (951567) |
| 07/19/2024 | SYSTEM ENTRY - Docket Entry 17 [motion] restricted/sealed until further notice. (951567) |
| 07/19/2024 | Order |
| 07/10/2024 | SYSTEM ENTRY - Docket Entry 16 [order] restricted/sealed until further notice. |
| 07/10/2024 | SYSTEM ENTRY - Docket Entry 15 [order] restricted/sealed until further notice. |
| 07/02/2024 | AMENDED COMPLAINT against The Individuals, Partnerships, and Unincorporated Associations identified on Schedule A filed in response to Order Granting Motion for Leave, filed by Tesla, Inc. |
| 06/20/2024 | PAPERLESS ORDER. On May 2, 2024, this Court directed Plaintiff to show cause as to why joinder of the fifty-five (55) individuals identified on Plaintiff's Schedule A is proper. [ECF No. 11]. On May 16, 2024, Plaintiff filed its Response. [ECF No. 12]. Upon review of the pleaded facts and Response, the Court is not persuaded that Defendants' conduct is sufficiently and logically connected such that the Court can determine that each Defendant's conduct arises out of the same transaction or occurrence or series of transactions or occurrences. This action is, in fact, dissimilar to In Animaccord Ltd. v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A", Case No. 0:22-cv-60956-KMM, (S.D. Fla. 2022). Though Plaintiff here alleges that Defendants all used the same marketplace platform, it does not allege that the products having identical or similar infringing marks, product descriptions, packaging, or pricing like in Animaccord. "[S]imply committing the same type of violation in the same way does not link defendants together for the purposes of joinder." Omega, SA v. Individuals, Bus. Entities, & Unincorporated Associations Identified on Schedule "A", 650 F. Supp. 3d 1349, 1353 (S.D. Fla. 2023) (internal citation and quotation omitted). Therefore, the Court finds that joinder of the fifty-five (55) Schedule A Defendants is not proper here. Plaintiff shall, within fourteen (14) days of this Order, file an amended complaint consistent with this Order. Signed by Judge Darrin P. Gayles on 6/20/2024. (bs00) |
| 05/16/2024 | RESPONSE TO ORDER TO SHOW CAUSE re 11 Order to Show Cause, by Tesla, Inc. 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 05/02/2024 | PAPERLESS ORDER TO SHOW CAUSE. In the Complaint, Plaintiff alleges that the 55 Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A" (Defendants) "are promoting, selling, reproducing, offering for sale, and distributing goods using counterfeits and confusingly similar imitations of Plaintiff's trademarks within this district through various Internet based e-commerce stores and fully interactive commercial Internet websites." [ECF No. 1]. Federal Rule of Civil Procedure 20(a) permits joinder of defendants in the same action where the plaintiff's claims against the defendants arise "out of the same transaction, occurrence, or series of transactions or occurrences," and "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2)(A)(B). The Eleventh Circuit has defined "transaction or occurrence" as "all logically related events entitling a person to institute a legal action against another." Alexander v. Fulton Cnty., Ga., 207 F.3d 1303, 1323 (11th Cir. 2000), overruled on other grounds by Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003). In intellectual property cases, a plaintiff cannot satisfy Rule 20's requirements by merely alleging that multiple defendants have infringed the same patent or trademark. Omega, SA v. Individuals, Bus. Entities, & Unincorporated Associations Identified on Schedule "A", 650 F. Supp. 3d 1349, 1352 (S.D. Fla. 2023). Accordingly, on or before May 16, 2024, Plaintiff shall file a memorandum showing why joinder of the 55 Defendants is proper. Signed by Judge Darrin P. Gayles on 5/2/2024. (bs00) |
| 05/01/2024 | Order |
| 05/01/2024 | PAPERLESS ORDER granting [4] Motion to File Under Seal. Schedule A to the Plaintiff's Complaint shall be filed under seal and shall remain under seal until further order from this Court. Signed by Judge Darrin P. Gayles on 5/1/2024. (bs00) |
| 04/12/2024 | SYSTEM ENTRY - Docket Entry 8 [misc] restricted/sealed until further notice. (951567) |
| 04/12/2024 | SYSTEM ENTRY - Docket Entry 7 [misc] restricted/sealed until further notice. (951567) |
| 04/12/2024 | SYSTEM ENTRY - Docket Entry 6 [motion] restricted/sealed until further notice. (951567) |
| 04/10/2024 | SYSTEM ENTRY - Docket Entry 5 [motion] restricted/sealed until further notice. (951567) |
| 04/10/2024 | Order |
| 04/10/2024 | MOTION to Seal Schedule A to the Complaint per Local Rule 5.4 by Tesla, Inc. 附件： 1:(Text of Proposed Order) |
| 04/05/2024 | FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK 附件： 1:(Complaint) (nan) |
| 04/04/2024 | Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. |
| 04/04/2024 | COMPLAINT against The Individuals, Partnerships, and Unincorporated Associations identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-17424285, filed by Tesla, Inc. 附件： 1:Civil Cover Sheet |
案件最新进展，来源于美国联邦法院，下载文件请联系 18523047090 微信同号
被告名单文件：部分原告会选择隐匿发案，或者对提交的文件进行密封处理，因此包括被告信息在内的相关文件不会在前期公开（一般PI阶段左右才会公开）。
诉状：诉状通常包括原被告的基本信息、侵权行为、侵权类型，以及诉讼请求，如确认侵权、下架侵权产品、请求赔偿等，这个文件起诉就可以下载
案件每天自动更新，未及时更新的可点击 案件名称旁边 更新 按钮
