Allstar Marketing Group, LLC. v. The Partnerships and Unincorporated Associations Identified on Schedule A

案件号:2024-cv-08648起诉日期:2024/09/19原告:Allstar Marketing Group, LLC.

案件进展

62 条记录
#59

NOTICE of Voluntary Dismissal by Allstar Marketing Group, LLC. with prejudice as to certain Defendants

#58

NOTICE of Voluntary Dismissal by Allstar Marketing Group, LLC. with prejudice as to certain Defendants

#57

ATTORNEY Appearance for Defendants andar023, anglekyle, aoneer, babyan, carecarsu, dragonshiwana, ecomall021, friden, ibe686, indenmall, kleznrni21, koluun2, lextonanger2, luxannalight2, maxise2, melaned2, mmou022, oneuni2, owenmenmery2019, Pitwave23, summeo2, taeyan, taota023, tatoue2, tuesde, ucmoon2, ukernel, unimall2, vioonsam, vladimirblo, wholecases, yorksoul2, zeratulshadow, zhaoxinspea by Adam Edward Urbanczyk

#56

ATTORNEY Appearance for Plaintiff Allstar Marketing Group, LLC. by John Joseph Mariane, IV

#55

ATTORNEY Appearance for Plaintiff Allstar Marketing Group, LLC. by Gouthami Vanam Tufts

#54

NOTICE of Voluntary Dismissal by Allstar Marketing Group, LLC. with prejudice as to certain Defendants

#53

NOTICE of Voluntary Dismissal by Allstar Marketing Group, LLC. with prejudice as to certain Defendants

#52

NOTICE of Voluntary Dismissal by Allstar Marketing Group, LLC. with prejudice as to certain Defendants

#51

MINUTE entry before the Honorable Manish S. Shah: Defendants' unopposed refiled first motion for extension of time to answer or otherwise plead 49 is granted and no appearance on 1/16/25 is necessary. Defendants 11 Ahhute & 49 DnayDkiy have until 1/28/25 to respond to the complaint. Emailed notice

#50

NOTICE of Motion by Christopher Paul Keleher for presentment of motion for extension of time to file answer[49] before Honorable Manish S. Shah on 1/16/2025 at 09:45 AM.

#49

MOTION by Defendants Ahhute-, DnayDkiy for extension of time to file answer regarding complaint[1] (UNOPPOSED)

#48

MINUTE entry before the Honorable Manish S. Shah: Case called for hearing on Defendants, 11 Ahhute & 49 DnayDkiy,'s first motion for extension of time to answer or otherwise plead [43] and no one appears. The motion is taken under advisement, and upon further consideration is denied for want of prosecution. Emailed notice

#46

NOTICE of Voluntary Dismissal by Allstar Marketing Group, LLC. with prejudice as to certain Defendants

#47

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

#45

NOTICE of Voluntary Dismissal by Allstar Marketing Group, LLC. with prejudice as to certain Defendants

#44

NOTICE of Motion by Christopher Paul Keleher for presentment of motion for extension of time to file answer 43 before Honorable Manish S. Shah on 1/7/2025 at 09:45 AM.

#43

MOTION by Defendants Ahhute-, DnayDkiy for extension of time to file answer regarding complaint 1 (UNKNOWN IF OPPOSED)

#42

ATTORNEY Appearance for Defendants Ahhute-, DnayDkiy by Christopher Paul Keleher

#41

NOTICE of Voluntary Dismissal by Allstar Marketing Group, LLC. with prejudice as to certain Defendants

#40

ANSWER to Complaint by Bookmark Deals, Everything Supply

#39

NOTICE of Voluntary Dismissal by Allstar Marketing Group, LLC. with prejudice as to certain Defendants

#38

NOTICE of Voluntary Dismissal by Allstar Marketing Group, LLC. with prejudice as to certain Defendants

#37

MINUTE entry before the Honorable Manish S. Shah: The motion for an order [36] is granted in part. Plaintiff is ordered to confirm with third-party platforms that funds are not restrained. The injunction's prohibition on providing services for accounts through which defendants sell infringing goods was intended to prohibit infringing sales, not restrain money in accounts. The motion [36] was not filed by an attorney or by an individual named party with an appearance on file and with permission to proceed without a lawyer. The motion was not noticed for presentment as required by the court's procedures. The court could have denied the motion outright but will make a limited exception here to make sure the court's injunction is accurately enforced. Notices Mailed.

#36

MOTION by Cao Lirong for order. (Received via pro se email on 11/20/2024). (jn,)

#0

NEW PARTIES: Baoying Xuzhiguang Glass Handicraft Factory, Xiamen Yueshi Trade Co., Ltd., Huzhou Xihe Trading Development Co., Ltd., Yancheng Jingyao Glassware Co., Ltd., Good life, day day up Store, WE House Store, ELITECTK Store, apprunyan, gL125, BESTOMZ, Ahhute-, xiexiaorong-us, Mairubo, HELLORSO, lijiankang, wjuangui, Daonusty Shop, ZYP123 (7-14 Days Arrive), MEMEOKON, eimengmeiwangluoke, Alvin Luo, hanyim electronic, peciallyka, KnowStore, Umijia (Defendant No. 25), SD accessories world, Paologis Atomired, Marmelade, Quinn Guy, ShenZhenShi YaErKu KeJiFaZhan YouXianGongSi, Yanjianjian-, Toosunny, HanHik, eoeo, BroadWatch, Messar, PakyKai, KBCSUN, Aqur2020, Elves Boxes, GOOD BETTER BEST, JUNTUK, YardGems by Vicoric, DianZiShan5, fashionclubs, liqiqibaihuo, Gardeners boutique, lovely wuwu, DnayDkiy, Sweet Bread, Colored Flag, HengXinHui, Antique Guyue, shanxiyunlongdianzishangwuyouxiangongsi, dianzi xingyuan, Yeeica, lvfafa, Yangzhou Sheng Ji Xian Jia Ju Yong Pin CO.,LTD, Royal Faith, WRMDZUS8, Qichun County Le Haoqian Department Store, Jitnetiy, xue10, cong09 Store, yunini Store, edoa Store, pong10 Store, andar023, anglekyle, aoneer, aringaring, babyan, Bookmark Deals, byeh, carecarsu, cjphytg, Dhammathon65, dragonshiwana, ecomall021, Everything Supply, friden, goubatianlio, ibe686, IE WARE, indenmall, kleznrni21, koluun2, lextonanger2, linkssey682_5, luxannalight2, maxise2, melaned2, misophia, mmou022, objiet, oneuni2, owenmenmery2019, Pitwave23, summeo2, taeyan, taota023, tatoue2, tawesri66, tuesde, ucmoon2, ukernel, unimall2, urimala23, vioonsam, vladimirblo, wholecases, yorksoul2, zeratulshadow, zhaoxinspea, jindouyunshanghai, Joybuy Marketplace(Express) Seller 1, Joybuy Marketplace Seller 1, Joybuy Marketplace(Express) Seller 2, Meching, The Home Story, Aniaca Shoppe, Sportsland, Happiness palace, yuanqishizu, Number-one, Sail again shop, yabadi, Biiend's store, Peachs Yaoyao, Mashaouyo, Houxing, GMMGLT, Meihui E-commerce, Green Pea Trading Ltd, CoudBero Co. ltd, Nololo, HTY Co. Ltd, Yy' choice Co.Ltd, BEAFNKSG, Pomoko, kangtai keji, JingNuoSeller, Jiaodui network, beisenwanju, CexoShop, Fuyongle, DinganLijiaxin Tech Co., Ltd, XKDSJGRWQ, Zeefft, chengduxuanhanmishangmaoyouxiangongsi, Zeyao, LYGFSRDX, Sudiarkay, Cuwyeasf, Dnzceghtig, guangzhourenmaishangmaoyouxiangongsi, huanxiangkeji, hezhang, LINYUAN, raokunbiao Co.ltd, YanTaiZhaoWen, yunmujia09, MQOUO Direct and keshunfangshuicailiao added to case caption. (Sullivan, Ann Marie)

#35

ATTORNEY Appearance for Defendants everythingsupply, bookmarkdeals by Robert D. Kreisman

#34

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 11/5/2024. Notices Mailed.

法院批准初步禁令
#33

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction [29] is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Notices Mailed.

法院批准初步禁令
#32

SUMMONS Returned Executed by Allstar Marketing Group, LLC. as to Aqur2020 on 10/30/2024, answer due 11/20/2024; KnowStore on 10/30/2024, answer due 11/20/2024; The Partnerships and Unincorporated Associations Identified on Schedule A on 10/30/2024, answer due 11/20/2024.

#31

NOTICE of Motion by Alison K Carter for presentment of motion for preliminary injunction 29 before Honorable Manish S. Shah on 11/5/2024 at 09:45 AM.

原告提交PI申请
#30

MEMORANDUM by Allstar Marketing Group, LLC. in support of motion for preliminary injunction 29

原告提交PI申请
#29

MOTION by Plaintiff Allstar Marketing Group, LLC. for preliminary injunction

原告提交PI申请
#28

ATTORNEY Appearance for Defendants KnowStore, Aqur2020 by Timothy Tiewei Wang

#26

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 23 is granted, and no appearance on the motion is necessary. The TRO is extended to 11/4/24. Notices mailed.

法院批准TRO
#25

NOTICE of Motion by Alison K Carter for presentment of extension of time 23 before Honorable Manish S. Shah on 10/22/2024 at 09:45 AM.

#24

MEMORANDUM by Allstar Marketing Group, LLC. in support of extension of time 23 of temporary restraining order

#23

MOTION by Plaintiff Allstar Marketing Group, LLC. for extension of time of temporary restraining order

原告提交TRO申请
#27

SURETY BOND in the amount of $ 10,000.00 posted by Allstar Marketing Group, LLC.

#22

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 10/7/2024. Notices Mailed.

法院批准TRO
#21

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions are granted in part, and no appearance on 10/8/24 is necessary. The court concludes that if defendants are alerted to this case before an injunction can issue, they may take steps to evade detection, defeating plaintiff's efforts to enforce its intellectual property. The court has some doubts about whether, for example, describing a product as Aqua Glass Self Watering Globes is infringing of plaintiff's trademark. See [17-4] at 38. The court also doubts that the damages from an infringing use in search optimization is necessarily the revenue from a product sale (once a product is listed in a search return, the decision to buy the product is not necessarily based on the infringement). The likelihood of success on the merits against every defendant is not strong. But on the sliding scale approach, with some likelihood of success and the irreparable harm that comes from any infringement of plaintiff's trademark, injunctive relief is appropriate. There is no harm to a defendant from being ordered to stop infringement. The court declines to restrain any assets. An accounting can be accomplished through discovery of sales records and restraining assets is too harmful to defendants. Good cause exists to authorize expedited discovery to identify defendants and conduct an accounting. Electronic service of process does not violate any treaty and is an effective method to communicate with defendants. The court has doubts about joinder but will await adversarial presentation to resolve that issue. Security in the amount of $10,000 is sufficient to secure the TRO. Enter Sealed Temporary Restraining Order. Notices Mailed.

#20

NOTICE of Motion by Alison K Carter for presentment of motion for miscellaneous relief 18, motion for temporary restraining order 14 before Honorable Manish S. Shah on 10/8/2024 at 09:45 AM.

原告提交TRO申请
#19

MEMORANDUM by Allstar Marketing Group, LLC. in support of motion for miscellaneous relief 18 for Electronic Service of Process

#18

MOTION by Plaintiff Allstar Marketing Group, LLC. for Electronic Service of Process

#17

SEALED DOCUMENT by Plaintiff Allstar Marketing Group, LLC. Exhibit 3 - Part 1

#16

DECLARATION of Jennifer DeMarco regarding motion for temporary restraining order 14

原告提交TRO申请
#15

MEMORANDUM by Allstar Marketing Group, LLC. in support of motion for temporary restraining order 14

原告提交TRO申请
#14

MOTION by Plaintiff Allstar Marketing Group, LLC. for temporary restraining order

原告提交TRO申请
#13

MINUTE entry before the Honorable Manish S. Shah: The motion to file under seal and proceed under a pseudonym 6 is granted in part, denied in part. The court denies the request to proceed under a pseudonym. The public has a right to know who is using the court in this manner and sealing Schedule A is sufficient to protect plaintiff's interest in identifying defendants and pursuing other ex parte relief. The clerk shall unseal 2, [2-1], and [2-2], but [2-3] shall remain under seal. Documents 8 and 9 are also unsealed. The clerk shall correct the docket to rename plaintiff Allstar Marketing Group, LLC. Notices Mailed.

#12

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

#11

MAILED trademark report to Patent Trademark Office, Alexandria VA

#10

MAILED copyright report to Registrar, Washington DC

#9

NOTICE of Claims Involving Trademarks by Plaintiff XYZ Corporation

#8

NOTIFICATION of Affiliates by Plaintiff XYZ Corporation

#7

MEMORANDUM by XYZ Corporation in support of motion for leave to file 6 Certain Documents under Seal and to Temporarily Proceed under a Pseudonym

#6

MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym

#5

ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie)

#4

ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter

#3

CIVIL Cover Sheet

#2

SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint

#1

COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-22497977.

#0

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.

#0

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2).

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