Order on Motion for Conference
Milwaukee Electric Tool Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A
案件进展
50 条记录Conference
Stipulation and Order of Voluntary Dismissal AND ~Util - Add and Terminate Parties
原告撤诉/结案Notice to Attorney to Submit AO 120 Form/AO 121 Form
Notice of Voluntary Dismissal
原告撤诉/结案Order on Motion to Appear Pro Hac Vice
Appear Pro Hac Vice
Notice of Voluntary Dismissal - Signed AND ~Util - Add and Terminate Parties
原告撤诉/结案Notice of Voluntary Dismissal
原告撤诉/结案Notice of Voluntary Dismissal - Signed AND ~Util - Add and Terminate Parties
原告撤诉/结案Notice of Voluntary Dismissal
原告撤诉/结案PRELIMINARY INJUNCTION ORDER: The injunctive previously granted in the TRO shall remain in place through the pendency of this action, and issuing this Order is warranted under Federal Rule of Civil Procedure 65 and 15 U.S.C. § 1116(a). Based on the foregoing findings of fact and conclusions of law, Plaintiff's Motion to Show Cause is hereby GRANTED and it is ORDERED as follows: 1. As sufficient causes have been shown, Defendants are hereby enjoined and restrained from engaging in any of the following conduct pending the final hearing and determination of this action or until further order of the Court: a. Cease and refrain from manufacturing, advertising, offering for sale, selling, distributing, destroying, selling off, transferring, or otherwise disposing of any Infringing Products; b. Cease and refrain from manufacturing, advertising, offering to sell, selling, reproducing, or distributing any goods utilizing the Plaintiff's Milwaukee Marks, or any confusingly similar goods, other than genuine products manufactured or distributed by Plaintiff or its authorized manufacturers and distributors; c. Cease and refrain from destroying, selling off, transferring, or otherwise disposing of any documents, electronically stored information, or financial records or assets of any kind relating to the manufacture, importation, sale, offer for sale, distribution, or transfer of any Infringing Products; d. Cease and refrain from using the Plaintiff's Milwaukee Marks on or in connection with any seller alias that any Defendant may own, operate, or control on any Marketplace; e. Cease and refrain from any and all use of the Plaintiff's Milwaukee Marks as metatags, on any webpage (including the title of any web page), in any advertising links to other websites, from search engines' databases or cache memory, or any other form of use of such terms that are visible to a computer user or serves to direct computer searches to Seller Aliases registered, owned or operated by any Defendant on any Marketplace; and; f. Cease and refrain from altering, disabling, closing, or transferring ownership of any seller alias on any Marketplace. Asset Restraint 2. As sufficient cause has been shown, the asset restraint granted in the TRO shall remain in place through the pendency of this litigation, including that: a. within five (5) days of receipt of service of this Order, that any Financial Institutions such as (i) Amazon.com, Inc. ("Amazon"), (ii) PayPal, Inc. ("PayPal"), (iii) Payoneer, Inc ("Payoneer"), (iv) Ping Pong Global Solutions Inc ("Ping Pong"), (v) Coinbase Global, Inc ("Coinbase"), (vi) Walmart, Inc. ("Walmart"), (vii) WhaleCo, Inc. ("Temu"), and (viii) ByteDance Ltd., TikTok Ltd., TikTok Inc., and TikTok LLC (collectively "TikTok") (collectively referred to as the "Financial Institutions") shall locate all accounts associated with Defendants (the "Defendants' Accounts") and other assets belonging to Defendants, including any cryptocurrency (the "Defendants' Assets") and shall locate, attach, and restrain the transfer or disposing of monies or funds from Defendants' Accounts, as well as the transfer or disposing of Defendants' Assets, until further ordered by this Court. The Financial Institutions shall provide written confirmation of their compliance with the foregoing to Plaintiff. 3. As sufficient cause has been shown, the expedited discovery order previously granted in the TRO shall remain in place through the pendency of this litigation, including that: a. within five (5) days of receipt of service of this Order, the Financial Institutions shall provide the following information to Plaintiff's counsel (to the extent such information is in the Financial Institutions' possession, custody, or control): Identifying information for Defendants, including all available contact information (which shall include, if available, all known email addresses and mailing addresses), as well as all associated account numbers and account balances, regardless of the platform or institution; Any User Accounts and/or online marketplace websites affiliated with Defendants that are not listed on Schedule A to the Complaint (and attached hereto); Information concerning any of Defendants' Accounts or Defendants' Assets including any and all related, connected or otherwise associated accounts or assets, regardless of the hosting platform or institution. 4. As sufficient cause has been shown, Plaintiff is authorized to conduct expedited discovery, including that: a. Plaintiff may serve interrogatories and requests for production of documents, pursuant to Rules 26 and 33, and 34 of the Federal Rules of Civil Procedure as well as Local Civil Rule 33.3 of the Local Rules for the Southern District of New York and Defendants who are served with this Order shall provide written responses under oath to such interrogatories and produce documents requested within seven (7) days of service to Plaintiff's counsel. Service by Electronic Mail and/or Electronic Publication 5. Pursuant to Fed. R. Civ. P. 4(f)(3), as sufficient cause has been shown, that service of this Order and the Summons and Complaint may be made on, and shall be deemed effective as to Defendants and Third Parties if it is completed by the following means: a. Delivery of: (i) PDF copies of this Order together with the Summons and Complaint; (ii) a link to a website where each Defendant will be able to download PDF copies of this Order together with the Summons and Complaint, and all papers filed by Plaintiff (the "Link") to Defendants' email addresses as provided by the Financial Institutions or to the Financial Institutions if the Financial Institutions are unable to provide e-mail addresses. 6. The $1,500.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. 7. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by this Court. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/3/2026 2:30pm) (ar) Transmission to Finance Unit (Cashiers) for processing.
法院批准初步禁令 查看公开文件 ↗ORDER: As discussed at today's telephonic hearing, Plaintiff is directed to submit a status report, updating the Court on the status of this case, by June 29, 2026. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/3/2026)
查看公开文件 ↗Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Order to Show Cause Hearing for Preliminary Injunction held on 6/3/2026. Keaton Smith for Plaintiff. See Docket Numbers 26 and 27 for complete details.
Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Order to Show Cause Hearing for Preliminary Injunction held on 6/3/2026. Keaton Smith for Plaintiff. See Docket Numbers 26 and 27 for complete details.
COMPLAINT against Marycore, Rongzhang Electric Appliances, Xiaofu Electronics, Nestwedcfred, NewEraTrend. Document filed by Milwaukee Electric Tool Corporation.
ADD PARTY FOR PLEADING. Defendants/Respondents TrustMartti, TT STORE, Valerianushfg, Vantori, Vellumery, Vervejolpy, VibeFurn, Vireli, Vivaceuigh, waill unit, wanyuehw, wenyibinA, Willow Wispp, WORKMHJGC, Wren Wool, wta fsag, Wudongseven, Xenophyllum A, Xenophyllum C, Xenophyllum D, Xenophyllum E, Xenophyllum F, Xenophyllum G, Xenophyllum H, Xenophyllum J, xjaaaaa, Xpresso Lab, YaoChenCC, YINGDONGNG ER SHOP, YKJJlaicai, YLPGJDS, youyouss, YUANMUSHOP, ZestTrovehao, ZHILONGSHOP, ZMMMGa, About Work, banruje-tools, juyi-tooeda, KWW-tools, Lpmmingshop, Lucky Tool shop, Mike Resells, PJM store shop, ProForgeshop, ProHardware03, ReliableBuild, ReliBuilt Tools, SUWEN-tools, The Tool District, ToughBuild, Value Tool Co, WSing-tools, Yanan-tools, YaoCheng-Tools, Yap Tool, ZSS SHOP, ZZW store shop added. Party added pursuant to [25] Complaint.Document filed by Milwaukee Electric Tool Corporation. Related document: [25] Complaint.
ADD PARTY FOR PLEADING. Defendants/Respondents NexusEmber, nicouwanjutwo, Nookkihoijuh, NovaaTech YI, Oak Orchid, Opulux, PetalTale, PureXHJ, QAGTAA, qourbrowsing, QUAUY, Quilles, QWJKP, QX Cherian, RICHMMY, S zhe, SANGAN ER SHOP, ScienceGear Depot, ShenShiCC, shibayu, ShuangYangC, SmartCubicle Co, snaggledeals, Southbridge House, Spice Home, StarCafe, STARLETCSUBB, STARLETESUBB, StorGrt, Suxinwangxshopux, TekSource Depot, TEWVRWDM, Thalassandra, Theodorianus, topaz two, TransShopefs, TrendyCornerfh, Trendytoy added. Party added pursuant to [25] Complaint.Document filed by Milwaukee Electric Tool Corporation. Related document: [25] Complaint.
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. [24] Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form.
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. 24 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form.
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. [24] Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form.
PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Milwaukee Electric Tool Corporation. Related Document Number: 16. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
CERTIFICATE OF SERVICE of the Complaint, TRO, all signed Orders and scheduling orders, and all other documents served on Marycore, Rongzhang Electric Appliances, Xiaofu Electronics, Nestwedcfred, NewEraTrend, NexusEmber, nicouwanjutwo, Nookkihoijuh, NovaaTech YI, Oak Orchid, Opulux, PetalTale, PureXHJ, QAGTAA, qourbrowsing, QUAUY, Quilles, QWJKP, QX Cherian, RICHMMY, S zhe, SANGAN ER SHOP, ScienceGear Depot, ShenShiCC, shibayu, ShuangYangC, SmartCubicle Co, snaggledeals, Southbridge House, Spice Home, StarCafe, STARLETCSUBB, STARLETESUBB, StorGrt, Suxinwangxshopux, TekSource Depot, TEWVRWDM, Thalassandra, Theodorianus, topaz two, TransShopefs, TrendyCornerfh, Trendytoy, TrustMartti, TT STORE, Valerianushfg, Vantori, Vellumery, Vervejolpy, VibeFurn, Vireli, Vivaceuigh, waill unit, wanyuehw, wenyibinA, Willow Wispp, WORKMHJGC, Wren Wool, wta fsag, Wudongseven, Xenophyllum A, Xenophyllum C, Xenophyllum D, Xenophyllum E, Xenophyllum F, Xenophyllum G, Xenophyllum H, Xenophyllum J, xjaaaaa, Xpresso Lab, YaoChenCC, YINGDONGNG ER SHOP, YKJJlaicai, YLPGJDS, youyouss, YUANMUSHOP, ZestTrovehao, ZHILONGSHOP, ZMMMGa, About Work, banruje-tools, juyi-tooeda, KWW-tools, Lpmmingshop, Lucky Tool shop, Mike Resells, PJM store shop, ProForgeshop, ProHardware03, ReliableBuild, ReliBuilt Tools, SUWEN-tools, The Tool District, ToughBuild, Value Tool Co, WSing-tools, Yanan-tools, YaoCheng-Tools, Yap Tool, ZSS SHOP, ZZW store shop on May 26, 2026. Document filed by Milwaukee Electric Tool Corporation.
BOND ON INJUNCTION # S-412759 in the amount of $ 1,500.00 posted by Milwaukee Electric Tool Corporation.
NOTICE OF APPEARANCE by Keaton David Smith on behalf of Milwaukee Electric Tool Corporation.
ORDER terminating 7 Motion for TRO; granting 19 Motion to Continue. The Court finds that Plaintiff has established sufficient good cause, namely that Plaintiff is awaiting a response from the third parties who provide online services to the Defendants to provide the information necessary to effectuate service. See ECF No. 19. As such, Plaintiff's requests are hereby GRANTED. The TRO previously entered on May 8, 2026 at ECF No. 16 is hereby extended until June 5, 2026. Defendants' deadline to file a response to the OSHOW is extended until May 29, 2026. The OSHOW hearing for the preliminary injunction is adjourned to June 3, 2026 at 2:00PM. The Parties should contact the Court at 1-855- 244-8681 (access code: 2305 3700 226#) on the date and time specified above. The Clerk of Court is respectfully directed to terminate the pending motion at ECF No. 7 and 19. SO ORDERED. (Show Cause Response due by 5/29/2026., Telephone Conference set for 6/3/2026 at 02:00 PM before Judge Andrew L. Carter Jr.). (Signed by Judge Andrew L. Carter, Jr on 5/14/26)
法院批准TRO 查看公开文件 ↗LETTER MOTION to Continue hearing for Order to Show Cause and TRO extension addressed to Judge Andrew L. Carter, Jr. from Shengmao Mu dated May 12, 2026. Document filed by Milwaukee Electric Tool Corporation.
原告提交TRO申请ORDER: The Court will conduct a telephone OSHOW hearing in this action on May 20, 2026 at 11:30am. The Parties should contact the Court at 1-855- 244-8681 (access code: 2305 3700 226#) on the date and time specified above. Telephone Conference set for 5/20/2026 at 11:30 AM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 5/8/2026)
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: As sufficient causes have been shown, Defendants are temporarily enjoined and restrained from engaging in any of the following conduct pending the return date of the Application as referenced below: Cease and refrain from manufacturing, advertising, offering for sale, selling, distributing, destroying, selling off, transferring, or otherwise disposing of any Infringing Products and further set forth in this Order. Pursuant to Fed. R. Civ. P. 64 and 65, as well as C.P.L.R. 6201, and this Court's inherent equitable power to issue provisional remedies ancillary to its authority to provide final equitable relief, as sufficient cause has been shown, within five (5) days of receipt of service of this Order, any Financial Institutions such as (i) Amazon, (ii) PayPal, Inc. ("PayPal"), (iii) Payoneer, Inc ("Payoneer"), (iv) Ping Pong Global Solutions Inc ("Ping Pong"), (v) Coinbase Global, Inc ("Coinbase"), and (vi) eBay (collectively referred to as the "Financial Institutions") shall locate all accounts associated with Defendants (the "Defendants' Accounts") and other assets belonging to Defendants, including any cryptocurrency (the "Defendants' Assets") and shall locate, attach, and restrain the transfer or disposing of monies or funds from Defendants' Accounts, as well as the transfer or disposing of Defendants' Assets, until further ordered by this Court. The Financial Institutions shall provide written confirmation of their compliance with the foregoing to Plaintiff. Plaintiff shall deposit with the Court One Thousand Five Hundred Dollars ($1,500.00), either cash, cashier's check or surety bond, as security, which amount was determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Plaintiff's Schedule A attached to the Complaint, Plaintiff's unredacted version of the Complaint, Exhibit 2 showing the Defendant Internet Stores' infringement, and Exhibit 1 attached to Mu Declaration showing Plaintiff's efforts to verify Defendants' addresses, shall be sealed and remain sealed until Defendants' Accounts and Defendants' Assets are restrained. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two (2) days ' notice to Plaintiff or on shorter notice as set by this Court. IT IS FURTHER ORDERED that a hearing shall be held on 5/20/2026 at 11:30 a.m. in which Plaintiff may present their arguments in support of its request for issuance of a preliminary injunction. At such time, any Defendants may also be heard as to opposition to Plaintiff's Application. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before 5/15/2026. This Temporary Restraining Order without notice is entered at May 8, 2026 and shall remain in effect for fourteen (14) days. Plaintiff is directed to se1ve Defendant by May 11, 2026 by email. Show Cause Hearing set for 5/20/2026 at 11:30 AM before Judge Andrew L. Carter Jr. Show Cause Response due by 5/15/2026. (Signed by Judge Andrew L. Carter, Jr on 5/8/2026) (rro) Transmission to Finance Unit (Cashiers) for processing.
法院批准TROORDER granting 6 Letter Motion to Seal. On May 8, 2026, Plaintiff filed a motion to temporarily file under seal certain documents until the Court's Order to Show Cause hearing as to why Plaintiff's requested preliminary injunctive relief should not be granted. See ECF No. 6. For the reasons referenced in Plaintiff's motion, such request is hereby GRANTED. The Clerk of Court is respectfully directed to terminate the pending motion at ECF No. 6. (Signed by Judge Andrew L. Carter, Jr on 5/8/2026)
查看公开文件 ↗PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Milwaukee Electric Tool Corporation. Related Document Number: 7. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
***SEALED***REDACTION to 9 Declaration in Support of Motion Exhibit 1 - Mu Declaration - Address lookup by Milwaukee Electric Tool CorporationMotion or Order to File Under Seal: 6.
***SEALED***REDACTION to 12 Redacted Document Exhibit 2 - infringing evidence by Milwaukee Electric Tool CorporationMotion or Order to File Under Seal: 6.
***SEALED***REDACTION to 1 Complaint, Complaint containing Defendant information and Schedule A by Milwaukee Electric Tool CorporationMotion or Order to File Under Seal: 6.
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).
DECLARATION of Jay Paragoso in Support re: 7 EX PARTE MOTION for Temporary Restraining Order. Document filed by Milwaukee Electric Tool Corporation.
原告提交TRO申请DECLARATION of Shengmao Mu in Support re: 7 EX PARTE MOTION for Temporary Restraining Order. Document filed by Milwaukee Electric Tool Corporation.
原告提交TRO申请MEMORANDUM OF LAW in Support re: 7 EX PARTE MOTION for Temporary Restraining Order. Document filed by Milwaukee Electric Tool Corporation.
原告提交TRO申请EX PARTE MOTION for Temporary Restraining Order. Document filed by Milwaukee Electric Tool Corporation. (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
原告提交TRO申请MOTION to Seal certain documents. Document filed by Milwaukee Electric Tool Corporation.
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Techtronic Industries Company Limited for Milwaukee Electric Tool Corporation. Document filed by Milwaukee Electric Tool Corporation.
NOTICE OF APPEARANCE by Shengmao Mu on behalf of Milwaukee Electric Tool Corporation.
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 15 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form.
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.
Magistrate Judge Henry J. Ricardo is designated to handle matters that may be referred in this case. 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.
Case Designated ECF.
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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.
***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Shengmao Mu 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.
CIVIL COVER SHEET filed.
COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. (Filing Fee $ 405.00, Receipt Number ANYSDC-32810614)Document filed by Milwaukee Electric Tool Corporation.