2024-cv-05625 AI分析
06/06/2025
MAILED Closing Patent report to Patent Trademark Office, Alexandria VA. 翻译
附件：
1:(Closing Minute Entry dated 6/5/2025)
06/04/2025
DEFAULT Judgment Order. Signed by the Honorable John Robert Blakey on 6/4/2025. Mailed notice. 翻译
06/04/2025
MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on Plaintiff's renewed motion for default judgment 78 on 6/4/2025. Despite proper service, none of the Defendants identified in the accompanying order have appeared in response to the complaint, to object to the motion for default, or otherwise. Accordingly, and for the reasons explained in the accompanying order, the Court grants Plaintiff's motion 78 for entry of default and default judgment as to the Defendants identified in the accompanying Amended Schedule A. Enter Default Judgment Order. All matters in dispute now having been resolved, the case is closed. Civil case terminated. Mailed notice. 翻译
05/28/2025
CERTIFICATE of Service by Nicholas Edward Najera on behalf of Fujian Mingta Toys Co. Ltd. regarding memorandum in support of motion 79, notice of motion 80, MOTION by Plaintiff Fujian Mingta Toys Co. Ltd. for default judgment as to the remaining Defendants listed in the Third Amended Schedule A attached hereto 78 翻译
附件：
1:(Exhibit A)
05/28/2025
NOTICE of Motion by Nicholas Edward Najera for presentment of motion for default judgment, 78 before Honorable John Robert Blakey on 6/4/2025 at 11:00 AM. 翻译
05/28/2025
MEMORANDUM by Fujian Mingta Toys Co. Ltd. in support of motion for default judgment, 78 翻译
05/28/2025
MOTION by Plaintiff Fujian Mingta Toys Co. Ltd. for default judgment as to the remaining Defendants listed in the Third Amended Schedule A attached hereto 翻译
附件：
1:(Affidavit)
2:Third Amended Schedule A
05/28/2025
MINUTE entry before the Honorable John Robert Blakey: Based upon counsel's representations concerning service, the Court denies without prejudice the motion for default and default judgment 73 and strikes the 5/28/25 Notice of Motion date. Mailed notice. 翻译
05/27/2025
MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the motion hearing set for 5/28/25 at 11:00 a.m. is reset to 12:00 p.m. in Courtroom 1203. [Note: Time Change Only.] Mailed notice. 翻译
05/08/2025
NOTICE of Motion by Nicholas Edward Najera for presentment of motion for default judgment, 73 before Honorable John Robert Blakey on 5/28/2025 at 11:00 AM. 翻译
05/08/2025
MEMORANDUM by Fujian Mingta Toys Co. Ltd. in support of motion for default judgment, 73 翻译
05/08/2025
MOTION by Plaintiff Fujian Mingta Toys Co. Ltd. for default judgment as to the remaining Defendants listed in the Third Amended Schedule A attached hereto 翻译
附件：
1:(Affidavit in Support)
2:Third Amended Schedule A
04/07/2025
MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 71, this case is dismissed with prejudice as to Defendant Syahro (No. 75) under Rule 41(a). Mailed notice. 翻译
03/18/2025
MINUTE entry before the Honorable John Robert Blakey: The Court denies without prejudice Plaintiff's motion for default and default judgment 66 because it appears to be premature, coming just days after a flurry of recent dismissals. Plaintiff may renew its motion, if appropriate, when it is clear that no further Defendants will be voluntarily dismissed from the case. The 3/19/25 Notice of Motion date is stricken. Mailed notice. 翻译
03/14/2025
NOTICE of Motion by Nicholas Edward Najera for presentment of motion for default judgment 66 before Honorable John Robert Blakey on 3/19/2025 at 11:00 AM. 翻译
03/14/2025
MEMORANDUM by Fujian Mingta Toys Co. Ltd. in support of motion for default judgment 66 翻译
03/14/2025
MOTION by Plaintiff Fujian Mingta Toys Co. Ltd. for default judgment as to the remaining Defendants listed in the Second Amended Schedule A attached hereto 翻译
附件：
1:(Second Amended Schedule A)
03/12/2025
MINUTE entry before the Honorable John Robert Blakey: Based upon the notices of voluntary dismissal 61, 62, 64, this case is dismissed without prejudice as to Defendants Nut Wave Food Supplements Trading LLC (No. 61), jinanyanqiukejizixun (No. 111), Pashengus (No. 63), Wags Pet (No. 88), Rui Bao (No. 66), Snowkitten (No. 121), and Yiwu Yimeng Arts And Crafts Co. Ltd. (No. 93). Absent reinstatement by 3/31/25, this dismissal shall automatically convert to a dismissal with prejudice as to these Defendants. Mailed notice. 翻译
03/12/2025
NOTICE of Voluntary Dismissal by Fujian Mingta Toys Co. Ltd. as to Defendants Rui Bao (66), Snowkitten (121), and Yiwu Yimeng Arts And Crafts Co. Ltd. (93) 翻译
03/07/2025
REQUEST For Default summons returned executed, 19 as to the remaining Defendants identified in Amended Schedule A 翻译
附件：
1:(Amended Schedule A)
03/07/2025
NOTICE of Voluntary Dismissal by Fujian Mingta Toys Co. Ltd. as to Defendants Pashengus (63) and Wags Pet (88) 翻译
03/03/2025
NOTICE of Voluntary Dismissal by Fujian Mingta Toys Co. Ltd. as to Defendants Nut Wave Food Supplements Trading LLC (61) and jinanyanqiukejizixun (111) 翻译
02/28/2025
MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal [58], this case is dismissed without prejudice as to Defendants AATIYAH (No. 1); zhan jiang shi hua zhu niao mao yi you xian gongsi (No. 96); TF-Decjour (No. 79); and Detron (No. 19). Absent reinstatement by 3/31/25, this dismissal shall automatically convert to a dismissal with prejudice as to these Defendants. Mailed notice. 翻译
02/27/2025
MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 57, this case is dismissed without prejudice as to Defendants I Wear Glam (No. 34) and StarBaKeSi (No. 71). Absent reinstatement by 3/31/25, this dismissal shall automatically convert to a dismissal with prejudice as to these Defendants. Mailed notice. 翻译
02/27/2025
NOTICE of Voluntary Dismissal by Fujian Mingta Toys Co. Ltd. as to Defendants AATIYAH (1), zhan jiang shi hua zhu niao mao yi you xian gongsi (96), TF-Decjour (79), and Detron (19) 翻译
02/26/2025
NOTICE of Voluntary Dismissal by Fujian Mingta Toys Co. Ltd. as to Defendants I Wear Glam (34) and StarBaKeSi (71) 翻译
02/25/2025
MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 55, this case is dismissed without prejudice as to Defendants Fanboxk (No. 24); Juoe (No. 40); and Fdaiun (No. 26). Absent reinstatement by 3/31/25, this dismissal shall automatically convert to a dismissal with prejudice as to these Defendants. Mailed notice. 翻译
02/24/2025
NOTICE of Voluntary Dismissal by Fujian Mingta Toys Co. Ltd. as to Defendant Fanboxk (24), Juoe (40), and Fdaiun (26) 翻译
02/21/2025
MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 53, this case is dismissed without prejudice as to Defendants TOPBRIGHT (No. 81); Hoixweet-US (No. 31); yzure (No. 95); BO5WIN (No. 12); Summidate-US (No. 72); and Seamoy (No. 68). Absent reinstatement by 3/31/25, this dismissal shall automatically convert to a dismissal with prejudice as to these Defendants. Additionally, in light of the dismissal, the Court denies as moot the motion to enforce settlement filed by Defendants TOPBRIGHT and SuntopDirect 40. Mailed notice. 翻译
02/20/2025
NOTICE of Voluntary Dismissal by Fujian Mingta Toys Co. Ltd. as to Defendants Topbright (81), Hoizweet-US (31), Yzure (95), Bo5win (12), Summidate-US (72), and Seamoy (68) 翻译
02/19/2025
MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 51, this case is dismissed without prejudice as to Defendants T-Antrix (No. 77); KONGWU (No. 43); Sencin (No. 69); LVGOATH (No. 48); YINYUN (No. 124); SuntopDirect (No. 73); Oalyip Online (No. 117); and Synarry Direct (No. 76). Absent reinstatement by 3/31/25, this dismissal shall automatically convert to a dismissal with prejudice as to these Defendants. Additionally, Plaintiff has filed a response to Defendants Zhejiangaoguangwanjuyouxianzerengongsi dba TOPBRIGHT and Ningbo Sun Top Trade Co. Ltd. dba SuntopDirect's motion to enforce, see 50, which indicates that the motion 40 is moot. If Defendants disagree with Plaintiff's assessment, they should file a reply, as ordered. If they elect not to file a reply by 2/24/25, the Court will deny the motion as moot. Mailed notice. 翻译
02/18/2025
NOTICE of Voluntary Dismissal by Fujian Mingta Toys Co. Ltd. as to Defendants T-Antrix (77), KONGWU (43), Sencin (69), LVGOATH (48), YINYUN (124), SuntopDirect (73), Oalyip Online (117), & Synarry Direct (76) 翻译
02/17/2025
RESPONSE by Fujian Mingta Toys Co. Ltd.in Opposition to MOTION by Defendants TOPBRIGHT, SuntopDirect to enforce SETTLEMENT AND RECOVER FEES INCURRED IN ENFORCING THE SETTLEMENT 40 翻译
02/10/2025
MINUTE entry before the Honorable John Robert Blakey: Based upon the notices of voluntary dismissal, 38, 44, this case is dismissed without prejudice as to Defendants Vinlon (No. 86) and OuterFun (No. 62). Absent reinstatement by 3/31/25, this dismissal shall automatically convert to a dismissal with prejudice as to these Defendants. By agreement, see 46, Plaintiff shall respond to Defendants TOPBRIGHT and SuntopDirect's motion to enforce settlement 40 by 2/17/25, and Defendants shall file any reply by 2/24/25. The Court grants Defendants' motion for leave to file under seal 41. The 2/12/25 Notice of Motion date is stricken. Mailed notice. 翻译
02/10/2025
NOTICE of Voluntary Dismissal by Fujian Mingta Toys Co. Ltd. as to Defendants Sioweci Co. Ltd. (120), MOMSIV US (54), Grommi (28), Koehzich (42), SUYEPER (74), and CozyJoyzDirect (16) 翻译
02/07/2025
Defendants' Notice of Withdrawal of Notice of Motion [Dkt. No. 43] by TOPBRIGHT, SuntopDirect 翻译
02/03/2025
NOTICE of Voluntary Dismissal by Fujian Mingta Toys Co. Ltd. as to Defendant OuterFun (62) 翻译
01/31/2025
NOTICE of Motion by William Brees for presentment of motion to seal 41, motion to enforce, 40 before Honorable John Robert Blakey on 2/12/2025 at 11:00 AM. 翻译
01/31/2025
SEALED EXHIBIT by Defendants TOPBRIGHT, SuntopDirect Exhibit A to the Motion to Enforce regarding MOTION by Defendants TOPBRIGHT, SuntopDirect to enforce SETTLEMENT AND RECOVER FEES INCURRED IN ENFORCING THE SETTLEMENT 40, MOTION by Defendants TOPBRIGHT, SuntopDirect to seal Exhibits in Support of Motion to Enforce Settlement 41 翻译
附件：
1:(Exhibit G to the Motion to Enforce)
2:Exhibit F to the Motion to Enforce
3:Exhibit E to the Motion to Enforce
4:Exhibit C to the Motion to Enforce
5:Exhibit D to the Motion to Enforce
6:Exhibit B to the Motion to Enforce
01/31/2025
MOTION by Defendants TOPBRIGHT, SuntopDirect to seal Exhibits in Support of Motion to Enforce Settlement 翻译
01/31/2025
MOTION by Defendants TOPBRIGHT, SuntopDirect to enforce SETTLEMENT AND RECOVER FEES INCURRED IN ENFORCING THE SETTLEMENT 翻译
附件：
1:(Exhibit G to the Motion to Enforce [REDACTED])
2:Exhibit F to the Motion to Enforce [REDACTED]
3:Exhibit E to the Motion to Enforce [REDACTED]
4:Exhibit D to the Motion to Enforce [REDACTED]
5:Exhibit C to the Motion to Enforce [REDACTED]
6:Exhibit B to the Motion to Enforce [REDACTED]
7:Exhibit A to the Motion to Enforce [REDACTED]
01/29/2025
NOTICE of Voluntary Dismissal by Fujian Mingta Toys Co. Ltd. as to Defendant Vinlon (86) 翻译
01/27/2025
MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notice of voluntary dismissal 36, this case is dismissed without prejudice as to the following Defendants: HuBeiBoDaHouShiWangLuoKeJiYouXianGongSi (No. 33); HelenZhou aka HERQUEEN (No. 29); LUOzoyuans (No. 113); XINDISNusfo (No. 122); cherybn (No. 108); Lydiaunistar Clearance (No. 114); US BESFAN (No. 83); LBBENBI (No. 112); Newsoul (No. 116); NerveolDirect (No. 59); Ten o'clock (No. 78); MISOO CO. LTD. (No. 115); and MARINASCOFFESHOP (No. 51). Absent reinstatement by 3/20/25, this dismissal shall automatically convert to a dismissal with prejudice. Mailed notice. 翻译
01/27/2025
NOTICE of Voluntary Dismissal by Fujian Mingta Toys Co. Ltd. as to Defendants HuBeiBoDaHouShiWangLuoKeJiYouXianGongSi (33), HelenZhou aka HERQUEEN (29), LUOzoyuans (113), XINDISNusfo (122), cherybn (108), Lydiaunistar Clearance (114), US BESFAN (83), LBBENBI (112), Newsoul (116), NerveolDirect (59), Ten o'clock (78), MISOO CO. LTD. (115), & MARINASCOFFESHOP (51) 翻译
01/23/2025
MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notice of voluntary dismissal 34, this case is dismissed without prejudice as to the following Defendants: Abifny Toys (No. 2); Yanna (No. 123); HTZPLOO (No. 32); MICKYU LLC (No. 52); Tomaker (No. 80); YOUCHU (No. 125); and WQKtoys (No. 91). Absent reinstatement by 3/20/25, this dismissal shall automatically convert to a dismissal with prejudice. Mailed notice. 翻译
01/22/2025
NEW PARTIES: Juoe, JWL OFFICIAL, Koehzich, KONGWU, LACHLAND, Lovkiddo, LVGOATH, Mailuren, Make your life enjoyable, MARINASCOFFESHOP, MOMSIV US, Naturefield, NUT WAVE FOOD SUPPLEMENTS TRADING LLC, OuterFun, Pashengus, Qianmeng Direct, QTGPET-US, Rui bao, Ruojin Trading, Seamoy, Sencin, Songgaozeshangmao, StarBaKeSi, Summidate-US, SuntopDirect, SUYEPER, T-Antrix, Ten o'clock and TF-Decjour added to case caption. 翻译
01/22/2025
NEW PARTIES: AATIYAH, Acitly US, ACJSXL, Autism World, Baby Ran, Beining-us, BO5WIN, BUGGI-US, CozyJoyzDirect, CreativeUS, DengChengYuan, detron, DISHANQIAN-US, Dookok, duoduoyin, Erprobeen, Fanboxk, FANGYUAN-US, FDAIUN, GOSE US, Grommi, HelenZhou, Hoixweet-US, I Wear Glam, JIANGXING and Jinyitong added to case caption. 翻译
01/22/2025
NEW PARTIES: TOPBRIGHT, Uncle Nick, US BESFAN, US SENYANG, Vaimier, Vinlon, VJIEAZI, WAGS PET, WOLFARO, Xiaowang Direct, Yiwu Yimeng Arts And Crafts Co., Ltd, YZL-US, yzure, zhan jiang shi hua zhu niao mao yi you xian gongsi, ZQNPXY, Baby she beautiful baby toys, Elephant Technology, Mind Maze baby toys, TXH, TXWJ, YOUJIAN ROOM, brightmoon, cherybn, FASLMH, JIASA, jinanyanqiukejizixun, LBBENBI, LUOzoyuans, MISOO CO.,LTD, Lydiaunistar Clearance, NewSoul, Oalyip Online, OuKan, REVANAK US, Sioweci Co.Ltd, SNOWKITTEN, XINDISNusfo and YINYUN added to case caption. 翻译
01/22/2025
NOTICE of Voluntary Dismissal by Fujian Mingta Toys Co. Ltd. as to Defendants Abifny Toys (2), Yanna (123), HTZPLOO (32), MICKYU LLC (52), Tomaker (80), YOUCHU (125), & WQKtoys (91) 翻译
01/22/2025
NEW PARTIES: TOPBRIGHT, Uncle Nick, US BESFAN, US SENYANG, Vaimier, Vinlon, VJIEAZI, WAGS PET, WOLFARO, Xiaowang Direct, Yiwu Yimeng Arts And Crafts Co., Ltd, YZL-US, yzure, zhan jiang shi hua zhu niao mao yi you xian gongsi, ZQNPXY, Baby she beautiful baby toys, Elephant Technology, Mind Maze baby toys, TXH, TXWJ, YOUJIAN ROOM, brightmoon, cherybn, FASLMH, JIASA, jinanyanqiukejizixun, LBBENBI, LUOzoyuans, MISOO CO.,LTD, Lydiaunistar Clearance, NewSoul, Oalyip Online, OuKan, REVANAK US, Sioweci Co.Ltd, SNOWKITTEN, XINDISNusfo and YINYUN added to case caption. 翻译
01/21/2025
MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notices of voluntary dismissal 25, 30, this case is dismissed without prejudice as to the following Defendants: Mytrix; IGRL; MONICAFED; HuBeiBoDaHouShiWangLuoKe JiYouXianGongSi; Mttiery; Lecody; BESTAMTOY; BEAUAM; Arevtovis; Youjia toy franchise; lonfypeng; BelieveInChoice; JUEHUI; Wayomagic; Annexfun; Burmen; Jone Sakura; NerveolDirect; Josijoli; Heyingrow; and MiHong. Absent reinstatement by 3/20/25, this dismissal shall automatically convert to a dismissal with prejudice. In any future notices of voluntary dismissal, Plaintiff shall provide the number of each Defendant as identified in the TRO, as well as each Defendant's name. Mailed notice. 翻译
01/17/2025
PRELIMINARY Injunction Order. Signed by the Honorable John Robert Blakey on 1/17/2025. Mailed notice. 翻译
01/17/2025
MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on Plaintiff's motion for preliminary injunction 20 and on Defendant Summidate-US's motion to extend time 28. No other Defendant has filed an appearance in this matter and no Defendant has otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction 20. Accordingly, and based upon the same findings made in this Court's TRO 11, this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction 20. Enter Preliminary Injunction Order. The Court directs the Clerk 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. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The Court also grants Defendant Summidate-US's motion to extend time 28 and directs all served Defendants to respond to the complaint by 2/17/25. Plaintiff shall file a status report by 2/28/25. Mailed notice. 翻译
01/17/2025
NOTICE of Voluntary Dismissal by Fujian Mingta Toys Co. Ltd. as to Defendants JUEHUI, Wayomagic, Annexfun, Burmen, Jone Sakura, NerveolDirect, Josijoli, Heyingrow, MiHong 翻译
01/16/2025
ATTORNEY Appearance for Defendant Partnerships and Unincorporated Associations Identified in Schedule A, The by Qin Zhuang 翻译
01/16/2025
MOTION by Defendant Partnerships and Unincorporated Associations Identified in Schedule A, The for extension of time to file answer Unopposed MOTION by Defendant Summidate-US for extension of time to file answer regarding complaint 翻译
01/16/2025
ATTORNEY Appearance for Defendant Partnerships and Unincorporated Associations Identified in Schedule A, The by Qin Zhuang ATTORNEY Appearance for Defendant Summidate-US 翻译
01/14/2025
CERTIFICATE of Service by Plaintiff Fujian Mingta Toys Co. Ltd. regarding MOTION by Plaintiff Fujian Mingta Toys Co. Ltd. for preliminary injunction 20, memorandum in support of motion 21, terminate deadlines and hearings, terminate motion and R&R deadlines/hearings, set motion and R&R deadlines/hearings, 24 翻译
01/13/2025
NOTICE of Voluntary Dismissal by Fujian Mingta Toys Co. Ltd. as to Defendants Mytrix, IGRL, MONICAFED, HuBeiBoDaHouShiWangLuoKeJiYouXianGongSi, Mttiery, Lecody, BESTAMTOY, BEAUAM, Arevtovis, Youjia toy franchise, lonfypeng, & BelieveInChoice 翻译
01/08/2025
MINUTE entry before the Honorable John Robert Blakey: Oral motion to reset hearing is granted, the hearing on Plaintiff's motion for preliminary injunction 20 set for 1/10/2025 at 11:00 a.m. is hereby reset to 1/17/2025 at 11:00 a.m. in Courtroom 1203. Mailed notice. 翻译
01/06/2025
MINUTE entry before the Honorable John Robert Blakey: Based upon the Court's trial schedule, the 1/8/25 Notice of Motion date is stricken, and the hearing on Plaintiff's motion for preliminary injunction 20 is hereby reset to 1/10/25 at 11:00 a.m. in Courtroom 1203. Mailed notice. 翻译
01/02/2025
NOTICE of Motion by Nicholas Edward Najera for presentment of motion for preliminary injunction 20 before Honorable John Robert Blakey on 1/8/2025 at 11:00 AM. 翻译
01/02/2025
MEMORANDUM by Fujian Mingta Toys Co. Ltd. in support of motion for preliminary injunction 20 翻译
01/02/2025
MOTION by Plaintiff Fujian Mingta Toys Co. Ltd. for preliminary injunction 翻译
附件：
1:(Appendix A)
12/31/2024
SUMMONS Returned Executed by Fujian Mingta Toys Co. Ltd. as to Partnerships and Unincorporated Associations Identified in Schedule A, The on 12/27/2024, answer due 1/17/2025; Synarry Direct on 12/27/2024, answer due 1/17/2025. 翻译
附件：
1:(Exhibit 1)
12/27/2024
MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 17, this case is dismissed without prejudice as to Defendants Boxgear (No. 13) and BOXGEAR (No. 106). Absent reinstatement by 2/28/25, this dismissal shall automatically convert to a dismissal with prejudice. Mailed notice. 翻译
12/27/2024
SUMMONS Issued as to Defendant Partnerships and Unincorporated Associations Identified in Schedule A, The 翻译
12/20/2024
MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 13 to extend the temporary restraining order entered 12/10/24 11. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 1/7/25. The 1/8/25 Notice of Motion date is stricken. Mailed notice. 翻译
12/11/2024
MINUTE entry before the Honorable John Robert Blakey: Plaintiff having submitted a proposed order, the Court hereby grants Plaintiff's motion for temporary restraining order [4] based upon the materials submitted. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 12/24/24. Mailed notice 翻译
07/09/2024
MINUTE entry before the Honorable John Robert Blakey: In this case, Plaintiff sues Plaintiff sues 125 separate defendants for patent and copyright infringement, [1]. Plaintiff asserts a design patent claiming the ornamental design for a toy and a copyright for a "magnet counting maze." [2-8], [2-9]. Under 35 U.S.C. � 299, "parties that are accused infringers may be joined in one action as defendants. only if-- (1) any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and (2) questions of fact common to all defendants or counterclaim defendants will arise in the action. Id. � 299(a). The statute specifically provides that "accused infringers may not be joined in one action as defendants. based solely on allegations that they each have infringed the patent or patents in suit." Id. � 299(b). Moreover, joinder of multiple defendants in a single copyright infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). Here, Plaintiff alleges that Defendants "are all offering for sale the same or substantially similar infringing products and this case will involve common questions of fact to all Defendants. Furthermore, Defendant Internet Stores share unique identifiers, such as using the same or substantially similar product images, same advertising, design elements and similarities of the infringing products offered for sale, establishing a logical relationship between them, and suggesting that Defendants' operation arises out of the same transaction, occurrence, or series of transactions or occurrences." [1] 4. Plaintiff further alleges that "Defendants are an interrelated group of infringers working in active concert to knowingly and willfully make, use, offer for sale, sell, and/or import into the United States for subsequent sale or use products that infringe directly and/or indirectly the Patent and to violate Plaintiff's exclusive rights in the Copyright in the same transaction, occurrence, or series of transactions or occurrences. For example, Defendants all sell and/or offer for sale the same Infringing Product with minor variations as well as similar if not identical product images and descriptions as shown in Exhibits 1-1 to 1-5, suggesting that the Infringing Products were manufactured by and come from a common source." Id. 10. The screenshot evidence attached to the complaint supports these allegations. As a result, the Court finds that Plaintiff's allegations satisfy the "series of transactions or occurrences" requirement of section 299(a)(1), as well as Fed. R. Civ. P. 20(a)(2); Plaintiff may proceed against the identified Defendants in this single action. The Court grants Plaintiff's motions to seal [3], [6], and strikes the 7/10/24 Notice of Motion date. The Court takes under advisement Plaintiff's motion for temporary restraining order [4]; if Plaintiff wants the Court to resolve the motion, it must submit a proposed order, as provided in the Court's standing orders. Mailed notice 翻译
07/03/2024
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. 翻译
07/03/2024
CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 1). 翻译
07/03/2024
SEALED DOCUMENT by Plaintiff Fujian Mingta Toys Co. Ltd. 翻译
附件：
1:Sealed Exhibit 3
2:(Sealed Exhibit 4)
3:Sealed Exhibit 2
4:Sealed Exhibit 1-5
5:Sealed Exhibit 1-4
6:Sealed Exhibit 1-3
7:Sealed Exhibit 1-2
8:Sealed Exhibit 1-1
9:Sealed Schedule A
07/03/2024
COMPLAINT filed by Fujian Mingta Toys Co. Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22210753. 翻译
附件：
1:Public Exhibit 4
2:Public Exhibit 3
3:Public Exhibit 2
4:Public Schedule A
5:Public Exhibit 1
6:(Civil Cover Sheet)
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