2021-cv-09352 AI分析
09/30/2022
NOTICE of Satisfaction of Judgment of Defendant Nos. 52 and 70 re: 40 Default Judgment. Document filed by Tangle Inc. 翻译
09/02/2022
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Nathan Monroe-Yavneh to RE-FILE Document 77 MOTION for Harry J. Moren to Withdraw as Attorney of Record. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Use Affidavit in Support of Motion found under the Event List. Only Text of Proposed Order and/or Certificate of Service should be attached to this Motion. 翻译
09/02/2022
MEMO ENDORSEMENT on PLAINTIFFS MOTION FOR WITHDRAWAL OF ATTORNEY OF RECORD. ENDORSEMENT : Application GRANTED. The Clerk of Court is respectfully directed to terminate Harry J. Moren's receipt of ECF notifications., (Attorney Harry J Moren terminated.) (Signed by Judge Lorna G. Schofield on 9/2/22) 翻译
09/02/2022
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Nathan Monroe-Yavneh to RE-FILE Document [77] MOTION for Harry J. Moren to Withdraw as Attorney of Record. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Use Affidavit in Support of Motion found under the Event List. Only Text of Proposed Order and/or Certificate of Service should be attached to this Motion. 翻译
09/01/2022
MOTION for Harry J. Moren to Withdraw as Attorney of Record. Document filed by Tangle Inc. 翻译
附件:
1:Text of Proposed Order for Withdrawal of Attorney of Record
2:Affidavit of Harry J. Moren
08/10/2022
DEFAULT JUDGMENT: IT IS HEREBY ORDERED that Plaintiff's Motion for Entry of Default and Default Judgment is GRANTED in its entirety, that Defaulting Defendants are deemed in default and that this Default Judgment is entered against Defaulting Defendants. Accordingly, this Court ORDERS that: 1. Defaulting Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them be permanently enjoined and restrained from, as further set forth. 2. The domain name registries for the Defaulting Defendant Domain Names, including, but not limited to, VeriSign, Inc., Neustar, Inc., Afilias Limited, CentralNic, Nominet, and the Public Interest Registry, within three (3) business days of receipt of this Order or prior to expiration of this Order, whichever date shall occur first, shall disable the Defaulting Defendant Domain Names and make them inactive and untransferable until further ordered by this Court. 3. Those in privity with Defaulting Defendants and with actual notice of this Order, including any online marketplaces such as Amazon, eBay, PayPal, Wish, DHgate, Payoneer, or AliExpress, social media platforms, Facebook, YouTube, LinkedIn, Twitter, Internet search engines such as Google, Bing and Yahoo, web hosts for the Defaulting Defendant Domain Names, and domain name registrars, shall within three (3) business days of receipt of this Order, as further set forth. 31. Pursuant to 15 U.S.C. § 1117 and 17 U.S.C. § 504, Plaintiff is awarded statutory damages from each of the Defaulting Defendants in the amount of fifty thousand dollars ($50,000.00), as further set forth. 34. Until Plaintiff has recovered full payment of monies owed by any Defaulting Defendant, Plaintiff may at any time file a motion to extend the asset restraint and release provisions of this Order to any other banks, savings and loan associations or other financial institutions in the event that any new financial accounts controlled or operated by such Defaulting Defendants are identified, as further set forth. 36. The fifteen thousand-dollar ($15,000) bond posted by Plaintiff, including any interest minus the registry fee, will be released to Plaintiff or their counsel upon notice to the Court that all non-defaulting defendants have been dismissed from the case. The Clerk of the Court is directed to return the bond previously deposited with the Clerk of the Court to Plaintiff or its counsel once such notice of provided. (Signed by Judge Lorna G. Schofield on 8/9/2022) (mml) Transmission to Finance Unit (Cashiers) for processing. 翻译
08/09/2022
***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. [75] Proposed Default Judgment was reviewed and approved as to form. 翻译
08/08/2022
PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Tangle Inc. Proposed Default Judgment to be reviewed by Clerk's Office staff. 翻译
08/04/2022
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 69 Report and Recommendations, It is hereby ORDERED and ADJUDGED that the Report is ADOPTED except with respect to Defendant Overvloedi. Plaintiffs are awarded damages in the amount of $50,000 against each of the following Defaulting Defendants: Bestwin, BiAiBiYi, cataleya, Ct-Childrens, DGFC TOY, Genvue, Goldtoy, Grapefruit flavour, GULU, Huang Neeky, Kidsmoon, Leconi Toy, Lovelybabymoon Factory, MadeInChinaYGF, Mommy's Flavour Mother and Baby, Muxin ToyBox, RZC kids Toy, sahdjfghj, Shop4046058, Shop4873033, Shop911257425, Shop911416625, Shop911418068, Shop911464053, Shop911536135, Shop911573018, Tasteful Party, The first Children Toy, TOBEFU, wild kid, wuzun, andrewho, cwmsports, dribehance, hirohome, jubaopen08, jubaopen09, newtoywholesale, octopus_wholesale, one-stopos Wedding Dress manufacturer, tangchao11, toyspro, wf245347, yunhai_wholesale_toy, cmltdbartz71_2, Dibibi, eThrif, FYMZ, JiangJiang0, jiquanchengmmla, Kevin cat, LifestyleDepartment, liushihang73734, Mustay, the spray is all washed out, Weirongyu, Yolie, Young world of Kailin, zhanghuarongpoos. It is further ORDERED that, by August 9, 2022, Plaintiff shall file a proposed order directing the Asset Holders to transfer to Plaintiff any assets of the Defaulting Defendants, subject to the condition that Plaintiff not collect more than $50,000 in total for each Defaulting Defendant. (Ct-Childrens, DGFC TOY, Dibibi, FYMZ, GULU, Genvue, Goldtoy, Grapefruit flavour, Huang Neeky, JiangJiang0, Kevin cat, Kidsmoon, Leconi Toy, LifestyleDepartment, Lovelybabymoon Factory, MadeInChinaYGF, Mommy's Flavour Mother and Baby, Mustay, Muxin ToyBox, RZC kids Toy, Shop4046058, Shop4873033, Shop911257425, Shop911416625, Shop911418068, Shop911464053, Shop911536135, Shop911573018, TOBEFU, Tasteful Party, The first Children Toy, Weirongyu, Yolie, Young world of Kailin, andrewho, cataleya, cmltdbartz71_2, cwmsports, dribehance, eThrif, hirohome, jiquanchengmmla, jubaopen08, jubaopen09, liushihang73734, newtoywholesale, octopus_wholesale, one-stopos Wedding Dress manufacturer, sahdjfghj, tangchao11, the spray is all washed out, toyspro, wf245347, wild kid, wuzun, yunhai_wholesale_toy, zhanghuarongpoos, Bestwin and BiAiBiYi terminated.) (Signed by Judge Lorna G. Schofield on 8/4/22) 翻译
07/14/2022
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a INQUEST HEARING proceeding held on 6/7/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. 翻译
07/14/2022
TRANSCRIPT of Proceedings re: INQUEST HEARING held on 6/7/2022 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/4/2022. Redacted Transcript Deadline set for 8/15/2022. Release of Transcript Restriction set for 10/12/2022. 翻译
07/11/2022
NOTICE of Satisfaction of Judgment of Defendant No. 45 re: 40 Default Judgment. Document filed by Tangle Inc. 翻译
06/29/2022
AFFIDAVIT OF SERVICE of Report and Recommendation to Hon. Lorna G. Schofield: Inquest After Default (Dkt. No. 69) served on Defendants in the Second Amended Schedule A on June 29, 2022. Document filed by Tangle Inc. 翻译
06/29/2022
REPORT AND RECOMMENDATION TO HON. LORNA G. SCHOFIELD: INQUEST AFTER DEFAULT: For the foregoing reasons, I recommend that the Court award Plaintiff statutory damages in the amount of $50,000 against each Defaulting Defendant. So that Plaintiff may collect the damages awarded, I also recommend that the Court order the Asset Holders to transfer to Plaintiff any assets of the Defaulting Defendants, subject to the condition that Plaintiff not collect more than $50,000 in total for each Defaulting Defendant. In the event the Court adopts this recommendation, Plaintiff should be directed to submit a proposed form order. Objections to R&R due by 7/13/2022. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 6/29/2022) 翻译
06/24/2022
MEMORANDUM OF LAW in Support Plaintiff's Memorandum in Further Support of Plaintiff's Motion for Entry of Default and Default Judgment. Document filed by Tangle Inc. 翻译
06/24/2022
DECLARATION of Richard Zawitz Second Supplemental Declaration of Richard Zawitz. Document filed by Tangle Inc. 翻译
06/22/2022
ORDER: The Court is in receipt of Plaintiff's June 20, 2022 declaration of Richard Zavitz. (Dkt. 65) Paragraph 4 of that declaration refers to Defendants who "accepted the order and shipped products." By June 24, 2022, Plaintiff shall identify any of the Defaulting Defendants for whom an order for shipment to New York was placed but not accepted. For any such defendant, Plaintiff shall explain why personal jurisdiction exists over that defendant. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) 翻译
06/21/2022
DECLARATION of Richard Zawitz re: [33] Clerk's Certificate of Default, [35] Memorandum of Law in Support, [40] Default Judgment, [34] Proposed Order to Show Cause Without Emergency Relief, [32] Declaration, [36] Declaration in Support. Document filed by Tangle Inc. 翻译
06/07/2022
Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Inquest Hearing held on 6/7/2022 at 2:00 p.m. 翻译
05/26/2022
NOTICE of Satisfaction of Judgment of Defendant No. 58 re: 40 Default Judgment. Document filed by Tangle Inc. 翻译
05/24/2022
AFFIDAVIT OF SERVICE of Plaintiff's Supplemental Brief at Docket Nos. 61, 61-1 and 61-2 on May 24, 2022. Document filed by Tangle Inc. 翻译
05/24/2022
NOTICE of Plaintiff's Supplemental Proposed Findings of Fact and Conclusions of Law re: [58] Order. Document filed by Tangle Inc. 翻译
附件:
1:Exhibit B
2:Exhibit A
05/17/2022
AFFIDAVIT OF SERVICE of Orders at Docket Nos. 58 and 59 on May 13, 2022. Document filed by Tangle Inc. 翻译
05/12/2022
INQUEST HEARING ORDER: ORDER: Inquest Hearing set for JUNE 7, 2022, at 2:00 p.m. before Magistrate Judge Robert W. Lehrburger. This Hearing will be conducted via Microsoft Teams. A link will be emailed to the parties one week prior to the conference. Plaintiff counsel is to serve Defaulting Defendants with this order in the same manner as previously authorized. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. SO ORDERED. Copies transmitted this date to all counsel of record. (Inquest Hearing set for 6/7/2022 at 02:00 PM before Magistrate Judge Robert W. Lehrburger.) (Signed by Magistrate Judge Robert W. Lehrburger on 5/12/2022) 翻译
05/10/2022
ORDER: Accordingly, at the hearing, Plaintiff should be prepared to explain the basis for such a determination. Plaintiff may file a supplemental inquest brief by May 24, 2022. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/10/2022) 翻译
03/30/2022
SATISFACTION OF JUDGMENT OF DEFENDANT NO. 49 re: 40 Default Judgment entered In favor of Tangle Inc. Against aner0712 Judgment satisfied on 03/30/2022. Document filed by Tangle Inc. 翻译
03/29/2022
NOTICE of Satisfaction of Judgment of Defendant No. 49 re: 40 Default Judgment. Document filed by Tangle Inc. 翻译
03/18/2022
AFFIDAVIT of Christopher Tom in Support re: 54 Notice (Other). Document filed by Tangle Inc. 翻译
附件:
1:(Exhibit 4)
2:Exhibit 3
3:Exhibit 1
4:Exhibit 2
03/18/2022
NOTICE of of Plaintiff's Proposed Findings of Fact and Conclusions of Law re: 42 Order. Document filed by Tangle Inc. 翻译
附件:
1:(Exhibit A)
03/17/2022
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: TO THE COURT AND ALL INTERESTED PARTIES: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff TANGLE INC. voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice: Coffee-time, Qozearv. So Ordered. Coffee-time and Qozearv terminated. (Signed by Judge Lorna G. Schofield on 3/17/2022) 翻译
03/17/2022
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [52] Notice of Voluntary Dismissal, was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. 翻译
03/16/2022
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, against the defendant(s) Coffee-time, Qozearv. Document filed by Tangle Inc. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). 翻译
03/09/2022
AFFIDAVIT OF SERVICE of Docket Nos. 40, 42, 49 and 50 on March 7, 2022. Document filed by Tangle Inc. 翻译
03/03/2022
AFFIDAVIT of Christopher Tom in Support re: 49 Notice (Other). Document filed by Tangle Inc. 翻译
附件:
1:(Exhibit 4)
2:Exhibit 2
3:Exhibit 3
4:Exhibit 1
03/03/2022
NOTICE of Plaintiffs' Proposed Findings of Fact and Conclusions of Law re: 41 Order Referring Case to Magistrate Judge. Document filed by Tangle Inc. 翻译
附件:
1:(Exhibit A)
02/24/2022
MEMO ENDORSEMENT on re: 47 Notice of Settlement filed by Tangle Inc. ENDORSEMENT: Plaintiff shall file the notice of dismissal by March 18, 2022. So Ordered. (Signed by Judge Lorna G. Schofield on 2/24/2022) 翻译
02/16/2022
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 45 Notice of Voluntary Dismissal, was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. 翻译
02/16/2022
PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(i), Plaintiff TANGLE INC. voluntarily dismisses the following Defendant listed on Schedule A to the Complaint without prejudice: As further set forth by this Order. So Ordered. Yangerfu terminated. (Signed by Judge Lorna G. Schofield on 2/16/2022) 翻译
02/15/2022
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, against the defendant(s) Yangerfu (47). Document filed by Tangle Inc. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). 翻译
02/10/2022
MEMO ENDORSEMENT on re: 43 Letter filed by Tangle Inc. ENDORSEMENT: By February 24, 2022, Plaintiff shall file a proposed order to show cause for default judgment and supporting papers as to Defendants Coffee-time and Qozearv or, if a settlement agreement is reached, a notice of settlement or dismissal. Because ninety days have passed since the Complaint was filed, Plaintiff shall file a letter motion for an extension of the time to serve Defendant Yangerfu in accordance with Rule 4(m) by February 15, 2022. (Motions due by 2/15/2022.) (Signed by Judge Lorna G. Schofield on 2/10/2022) 翻译
02/09/2022
LETTER addressed to Judge Lorna G. Schofield from Harry J. Moren dated February 9, 2022 re: Status of Defendant Yangerfu (47). Document filed by Tangle Inc. 翻译
02/04/2022
ORDER: Accordingly: 1. Required Submission: Plaintiff shall serve Defendants in the manner set forth in paragraph 7 below and file Proposed Findings of Fact and Conclusions of Law concerning all damages and any other monetary relief permitted under the entry of default judgment no later than March 3, 2022. Plaintiff shall include with such service a copy of this Order. The submission shall contain a concluding paragraph that succinctly summarizes what damage amount (or other monetary relief) is being sought, including the exact dollar amount, as further set forth. (Signed by Magistrate Judge Robert W. Lehrburger on 2/4/2022) 翻译
02/03/2022
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Inquest After Default/Damages Hearing, inquest on damages and a recommendation regarding injunctive relief or other mechanism for disbursement of funds from third parties to recoup the damages. Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Lorna G. Schofield on 2/2/2022) 翻译
02/03/2022
DEFAULT JUDGMENT: IT IS HEREBY ORDERED that Plaintiff has judgment against Defaulting Defendants. The damages will be determined at an inquest. The inquest referral will follow separately. Accordingly, this Court ORDERS that: 1. Defaulting Defendan ts, their affiliates, officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them be permanently enjoined and restrained from: a. using Plaintiff's TANGLE trademark, TANGLE Copyright Registrations, or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any product that is not a genuine TANGLE product or not authorized by Plaintiff to be sold in connection with Plaintiff's TANGLE trademarks and/or TANGLE Copyright Registrations, as further set forth herein. (Signed by Judge Lorna G. Schofield on 2/2/2022) 翻译
02/02/2022
Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 2/2/2022. The defaulting defendants failed to appear for this conference. 翻译
01/21/2022
AFFIDAVIT OF SERVICE of Order to Show Cause at Dkt No. 38. Document filed by Tangle Inc. 翻译
01/20/2022
***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. 37 Proposed Default Judgment was reviewed and approved as to form. 翻译
01/20/2022
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. 34 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. 翻译
01/20/2022
ORDER TO SHOW CAUSE WHY DEFAULT JUDGMENT AND PERMANENT INJUNCTION SHOULD NOT BE ENTERED AGAINST DEFAULTING DEFENDANTS: ORDERED that Defaulting Defendants show cause before the Honorable Lorna G. Schofield, on conference line 888-363-4749 using access code 558333, unless the parties agree to an in-person conference, for which they should advise the Court, on February 2, 2022 at 4:20p.m. and show cause why an Order should not be issued pursuant to Rule 55 of the Federal Rules of Civil Procedure entering a final judgment by default, as well as a permanent injunction against each Defaulting Defendant; as well as awarding such other further relief as the Court deems equitable and just; and it is further ORDERED that the service copy of this ORDER TO SHOW CAUSE and its supporting papers, including the Declaration of Michael R. Yellin, Esq., shall be made on each Defaulting Defendant by 1/14/2022 and deemed effective as to all of the Defaulting Defendants if it is completed in the same manner as set forth in Paragraph 6 of this Court's November 15, 2021 Order to Show Cause [Doc. No. 14]; and it is further ORDERED that opposing papers, if any, shall be filed with the Court and served on Plaintiffs' counsel on or before 1/26/2022 by delivering copies thereof to the office of Cole Schotz P.C., 1325 Avenue of the Americas, 19th Floor, New York, New York 10019, Attn: Michael R. Yellin, Esq. Plaintiffs shall file and serve and reply papers on or before 1/31/2022; and it is further ORDERED that if Defaulting Defendants, or any of them, fail to appear at the Hearing or otherwise fail to respond to this Order to Show Cause, a default judgment may be entered against each of the Defaulting Defendants. ORDERED that Plaintiff shall file proof of service of the the OSC Papers by January 25, 2022. SO ORDERED. (Show Cause Response due by 1/26/2022. Telephone Conference set for 2/2/2022 at 04:20 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 1/20/2022) 翻译
01/20/2022
***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. [37] Proposed Default Judgment was reviewed and approved as to form. 翻译
01/20/2022
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. [34] Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. 翻译
01/19/2022
PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Tangle Inc. Proposed Default Judgment to be reviewed by Clerk's Office staff. 翻译
01/19/2022
DECLARATION of Michael R. Yellin in Support re: [34] Proposed Order to Show Cause Without Emergency Relief. Document filed by Tangle Inc. 翻译
附件:
1:Exhibit 7 (Clerk's Certificate of Default)
2:Exhibit 6 (Service Website)
3:Exhibit 5 (Service E-mail)
4:Exhibit 4 (Summons)
5:Exhibit 3 (TRO)
6:Exhibit 2 (Complaint)
7:Exhibit 1 (First Amended Schedule A)
01/19/2022
MEMORANDUM OF LAW in Support re: [34] Proposed Order to Show Cause Without Emergency Relief for Entry of Default Judgment. Document filed by Tangle Inc. 翻译
01/19/2022
PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Tangle Inc. Proposed Order to Show Cause to be reviewed by Clerk's Office staff. 翻译
01/14/2022
DECLARATION of Harry J. Moren re: [31] Proposed Clerk's Certificate of Default. Document filed by Tangle Inc. 翻译
附件:
1:Exhibit 3 (Summons and Return of Service)
2:Exhibit 2 (Tangle Updated Schedule)
3:Exhibit 1 (First Amended Schedule A)
4:4 (Text of Proposed Order Clerk's Certificate of Default)
01/14/2022
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Tangle Inc. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). 翻译
01/12/2022
MEMO ENDORSEMENT on re: 29 Letter filed by Tangle Inc. ENDORSEMENT: Application GRANTED. The initial pretrial conference and related deadline to file preconference materials is adjourned sine die. By January 19, 2022, Plaintiff shall submit a proposed order to show cause for default judgment and supporting papers as required by the Individual Rules. (Signed by Judge Lorna G. Schofield on 1/12/2022) 翻译
01/07/2022
LETTER addressed to Judge Lorna G. Schofield from Christopher Tom dated January 7, 2022 re: Request an Adjournment of the January 19, 2022 telephonic conference. Document filed by Tangle Inc. 翻译
01/05/2022
AFFIDAVIT OF SERVICE of Order #22 and Judge Lorna G. Schofield's Individual Rules. Document filed by Tangle Inc. 翻译
01/04/2022
AFFIDAVIT OF SERVICE of Order #22 and Judge Lorna G. Schofield's Individual Rules. Document filed by Tangle Inc. 翻译
12/17/2021
Transmission to Finance Unit (Cashiers). Transmitted re: [26] Preliminary Injunction Order to the Finance Unit (Cashiers) for case processing. 翻译
12/17/2021
Transmission to Finance Unit (Cashiers). Transmitted re: 26 Preliminary Injunction Order to the Finance Unit (Cashiers) for case processing. 翻译
12/17/2021
PRELIMINARY INJUNCTION ORDER: NOW THEREFORE, on this Seventeenth day of December, 2021, this Court ORDERS that: 1. Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them be temporarily enjoined and restrained from: a. Using Plaintiff's TANGLE Trademark, copyrights, or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any product that is not a genuine TANGLE product or not authorized by Plaintiff to be sold in connection with Plaintiff's TANGLE Trademark and/or copyrights, as further set forth. 11. Plaintiffs' Amended Schedule A to the Complaint, Exhibit 2 to the Declaration of Richard Zawitz and the TRO shall become unsealed. 12. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two days' notice to Plaintiff or on shorter notice as set by this Court. 13. The fifteen-thousand dollars ($15,000.00) bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Preliminary Injunction is terminated, as further set forth in this Order. (Signed by Judge Lorna G. Schofield on 12/17/2021) 翻译
12/08/2021
SUMMONS RETURNED EXECUTED. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto served on 12/8/2021, answer due 12/29/2021. Document filed by Tangle Inc. 翻译
12/02/2021
MEMO ENDORSED ORDER granting 8 Motion to Seal. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to maintain the materials at Dkt. Nos. 9, 10 and 11 under seal with access limited to Plaintiff's counsel and the Court. (Signed by Judge Lorna G. Schofield on 12/2/2021) 翻译
12/02/2021
ORDER granting 12 Letter Motion for Leave to File Excess Pages. Application GRANTED. Plaintiff's memorandum of law in support of its motion for a temporary restraining order is accepted for filing. (Signed by Judge Lorna G. Schofield on 12/2/2021) 翻译
12/01/2021
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on January 19, 2022 at 4:20 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time, as further set forth. DATE AND PLACE OF CONFERENCE: January 19, 2022 at 4:20 p.m. to be held telephonically in accordance with the instructions on the first page of this order. (Telephone Conference set for 1/19/2022 at 04:20 PM before Judge Lorna G. Schofield. Initial Conference set for 1/19/2022 at 04:20 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/1/2021) 翻译
11/29/2021
MOTION for Harry J. Moren to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tangle Inc. 翻译
附件:
1:Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac Vice
2:Exhibit Certificate of Good Standing
3:Text of Proposed Order Order for Admission Pro Hac Vice
11/30/2021
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. [21] MOTION for Harry J. Moren to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): the filing fee was not paid;. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. 翻译
11/29/2021
ORDER granting [19] Letter Motion to Continue. Application GRANTED. The hearing scheduled for Monday, November 29, 2021, at 3:30 p.m. is adjourned to December 16, 2021, at 11:30 a.m. The temporary restraints imposed by the TRO are extended through December 16, 2021. Telephone Conference set for 12/16/2021 at 11:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/29/2021) 翻译
11/28/2021
LETTER MOTION to Continue Preliminary Injunction Hearing to a later date addressed to Judge Lorna G. Schofield from Michael R Yellin dated November 28, 2021. Document filed by Tangle Inc. 翻译
11/17/2021
LETTER MOTION to Continue Preliminary Injunction Hearing to a later date addressed to Judge Lorna G. Schofield from Michael R Yellin dated November 17, 2021. Document filed by Tangle Inc. 翻译
11/15/2021
***SELECTED PARTIES*** SEALED ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTIONAND TEMPORARY RESTRAINING ORDER: The Court having considered Plaintiff's ex parte application (the "Application"), including the Declarations of Richard Zawitz and Michael Yellin, as well as all other papers filed in support of the Application, for the following relief: temporary restraining order against defendants (as described in Amended Schedule A ("Defendants"), which shall also be attached hereto), enjoining Defendants from the manufacture, importation, distribution, offering for sale, and sale of counterfeit products (the "Counterfeit Products") bearing, using, or infringing upon Plaintiff's TANGLE trademark, which is covered by U.S. Trademark Registration No.1779055 (the "TANGLE Trademark"), and copyrights, which are covered by U.S.Copyright Office Registrations No. VA 120-368, VA 1-232-933, VA 1-271-045, VAu 35-392, VAu 35-391, VAu 35-390, VAu 35-389, VAu 35-388, VAu 35-387 (the"TANGLE Copyrights" or "TANGLE Copyright Registrations"); (2) a temporary transfer of control over Defendants' online marketplace websites(hereinafter the "Defendant Internet Stores," as also identified on Amended Schedule A to the Complaint, which shall also be attached hereto), to Plaintiff, as further set forth herein. More Counterfeit Products may appear in the marketplace using the same User Accounts or new and different User Accounts; that consumers may be misled, confused and disappointed by the quality of these Counterfeit Products, resulting in injury to Plaintiff's reputation and goodwill and, in particular, the reputation and good will related to products properly bearing, using, and sold utilizing the TANGLE Copyrights and/or the TANGLE Trademark (the "TANGLE Products").If Plaintiff proceeds on notice to Defendants on this Application, Defendants may (i) transfer, conceal, dispose of, or otherwise destroy the Counterfeit Products and information concerning the Counterfeit Products, as further set forth herein. The public interest favors issuance of the temporary restraining order to protect Plaintiff's interests in and to the Plaintiff's copyright, and to protect the public from potentially being deceived and defrauded by Defendants' passing off their Counterfeit Products as Plaintiff's TANGLE Products. Based on the foregoing findings of fact and conclusions of law, Plaintiff's Application is hereby GRANTED and it is ORDERED as follows: As sufficient causes has 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, as further set forth herein. Restrain and enjoin such accounts from receiving, transferring or disposing of any money or other of Defendants' assets until further ordered by this Court. 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 ON AMENDED SCHEDULE A TO THE COMPLAINT" that shall apply to all Defendants. Plaintiff shall deposit with the Court Fifteen Thousand Dollars ($15,000.00) 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. Schedule A to the Complaint and the Amended Schedule A (Exhibit A of this Order) (which shall also be attached to this Order as served, but shall be sealed until Defendants' Accounts and Defendants' Assets are restrained) and Exhibit 2 to the Declaration of Richard Zawitz shall remain sealed and accessible to Plaintiff only (ex-parte) until Defendants' Accounts and Defendants' Assets are restrained. Plaintiff shall file unsealed versions of Amended Schedule A to the Complaint and Exhibit 2 to the Declaration of Richard Zawitz using the CM/ECF system prior to the expiration of this Order. The Clerk of Court is respectfully directed to modify the viewing level for the Schedule A to the Complaint (Dkt. No. 9) and the Amended Schedule A (attached Exhibit A) to Plaintiff only (ex-parte). IT IS FURTHER ORDERED that a hearing shall be held on November 18, 2021 at 2:00 p.m. which Plaintiff may present its arguments in support of its request for issuance of a preliminary injunction. Aa such time, any Defendants may also be heard as to opposition to Plaintiff's Application. The parties shall call (888) 363-4749 and enter the Access Code 558-3333. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before November 17 2021, at 2:00 p.m. This Temporary Restraining Order without notice is entered at 6:00 A.M. on November 15, 2021, and shall remain in effect for fourteen (14) days or such other date as set by the Court. (Signed by Judge Lorna G. Schofield on 11/15/2021) (vfr) Transmission to Finance Unit (Cashiers) for processing. 翻译
11/15/2021
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: The Court having considered Plaintiff's ex parte application (the "Application"), including the Declarations of Richard Zawitz and Michael Yellin, as well as all other papers filed in support of the Application, for the following relief: temporary restraining order against defendants (as described in Amended Schedule A ("Defendants"), which shall also be attached hereto), enjoining Defendants from the manufacture, importation, distribution, offering for sale, and sale of counterfeit products (the Counterfeit Products) bearing, using, or infringing upon Plaintiff's TANGLE trademark, which is covered by U.S. Trademark Registration No.1779055 (the TANGLE Trademark), and copyrights, which are covered by U.S.Copyright Office Registrations No. VA 120-368, VA 1-232-933, VA 1-271-045, VAu35-392, VAu 35-391, VAu 35-390, VAu 35-389, VAu 35-388, VAu 35-387 (the"TANGLE Copyrights" or "TANGLE Copyright Registrations");(2)a temporary transfer of control over Defendants' online marketplace websites(hereinafter the "Defendant Internet Stores," as also identified on Amended Schedule A to the Complaint, which shall also be attached hereto), to Plaintiff. More Counterfeit Products may appear in the marketplace using the same User Accounts or new and different User Accounts; that consumers may be misled, confused and disappointed by the quality of these Counterfeit Products, resulting in injury to Plaintiff's reputation and goodwill and, in particular, the reputation and good will related to products properly bearing, using, and sold utilizing the TANGLE Copyrights and/or the TANGLE Trademark (the "TANGLE Products"). If Plaintiff proceeds on notice to Defendants on this Application, Defendants may (i) transfer, conceal, dispose of, or otherwise destroy the Counterfeit Products and information concerning the Counterfeit Products. The public interest favors issuance of the temporary restraining order to protect Plaintiff's interests in and to the Plaintiff's copyright, and to protect the public from potentially being deceived and defrauded by Defendants' passing off their Counterfeit Products as Plaintiff's TANGLE Products. Based on the foregoing findings of fact and conclusions of law, Plaintiff's Application is hereby GRANTED and it is ORDERED as follows: disable and cease providing services for any User Accounts through which Defendants engage in the sale of Counterfeit Products, including any User Accounts associated with the Defendants listed on Amended Schedule A to the Complaint (which is also attached hereto); take all steps necessary to prevent links to the Defendant Internet Stores identified on Amended Schedule A from displaying in search results, including, but not limited to, removing links to the Defendant Internet Stores from any search index. Locate all accounts and funds connected to Defendants, Defendants' Online Marketplace Accounts or Defendants' websites, including, but not limited to, any accounts connected to the information listed in Amended Schedule A hereto; Restrain and enjoin such accounts from receiving, transferring or disposing of any money or other of Defendants' assets until further ordered by this Court. Any User Accounts and/or online marketplace websites affiliated with Defendants that are not listed on Amended Schedule A to the Complaint (and attached hereto). 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 ON AMENDED SCHEDULE A TO THE COMPLAINT" that shall apply to all Defendants. Plaintiff shall deposit with the Court Fifteen Thousand Dollars ($15,000.00) 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. Schedule A to the Complaint and the Amended Schedule A (Exhibit A of this Order) (which shall also be attached to this Order as served, but shall be sealed until Defendants' Accounts and Defendants' Assets are restrained)and Exhibit 2 to the Declaration of Richard Zawitz shall remain sealed until Defendants' Accounts and Defendants' Assets are restrained. Plaintiff shall file unsealed versions of Amended Schedule A to the Complaint and Exhibit 2 to the Declaration of Richard Zawitz using the CM/ECF system prior to the expiration of this Order. IT IS FURTHER ORDERED that a hearing shall be held on November 18, 2021 at 2:00 p.m. which Plaintiff may present its arguments in support of its request for issuance of a preliminary injunction. Aa such time, any Defendants may also be heard as to opposition to Plaintiff's Application. The parties shall call (888)363-4749 and enter the Access Code 558-3333. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before November 17 2021, at 2:00 p.m. This Temporary Restraining Order without notice is entered at 6:00 A.M. on November 15, 2021, and shall remain in effect for fourteen (14) days or such other date as set by the Court. Show Cause Response due by 11/17/2021. (Signed by Judge Lorna G. Schofield on 11/15/2021) (jca) Transmission to Finance Unit (Cashiers) for processing. 翻译
11/12/2021
Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 11/12/2021. (Court Reporter Present) 翻译
11/12/2021
ORDER: WHEREAS, Plaintiff filed an ex-parte application for a temporary restraining order ("TRO") against Defendants. It is hereby ORDERED that Plaintiff shall show cause before this Court why the TRO should be granted on November 12, 2021, at 4:00 P.M. Plaintiff shall call (888) 363-4749 and enter the Access Code 558-3333. (Telephone Conference set for 11/12/2021 at 04:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 11/12/2021) 翻译
11/12/2021
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. [4] Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. 翻译
11/12/2021
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. 翻译
11/11/2021
MOTION for Leave to File Excess Pages. Document filed by Tangle Inc. 翻译
附件:
1:Exhibit A (Memo of Law)
2:Text of Proposed Order
11/11/2021
***EX-PARTE***REDACTION to [7] Declaration in Support, Exhibit 2 (Part 2) by Tangle Inc. (Attachments: # (1) Def 51 part 2, # (2) Def 52, # (3) Def 54, # (4) Def 54, # (5) Def 55, # (6) Def 56 part 1, # (7) Def 56 part 2, # (8) Def 56 part 3, # (9) Def 56 part 4, # (10) Def 56 part 5, # (11) Def 57 part 1, # (12) Def 57 part 2, # (13) Def 57 part 3, # (14) Def 57 part 4, # (15) Def 57 part 5, # (16) Def 57 part 6, # (17) Def 57 part 7, # (18) Def 57 part 8, # (19) Def 57 part 9, # (20) Def 57 part 10, # (21) Def 57 part 11, # (22) Def 57 part 12, # (23) Def 57 part 13, # (24) Def 57 part 14, # (25) Def 57 part 15, # (26) Def 57 part 16, # (27) Def 57 part 17, # (28) Def 57 part 18, # (29) Def 57 part 19, # (30) Def 57 part 20, # (31) Def 58, # (32) Def 59, # (33) Def 60, # (34) Def 61, # (35) Def 61 part 2, # (36) Def 62 Part 1, # (37) Def 63 Part 1, # (38) Def 63 Part 2, # (39) Def 63 Part 3, # (40) Def 63 Part 4, # (41) Def 63 Part 5, # (42) Def 63 Part 6, # (43) Def 64, # (44) Def 65, # (45) Def 66a, # (46) Def 66b, # (47) Def 67, # (48) Def 68, # (49) Def 69, # (50) Def 70, # (51) Def 71, # (52) Defs 72-85)Motion or Order to File Under Seal: [8]. 翻译
11/11/2021
***EX-PARTE***REDACTION to [7] Declaration in Support, Exhibit 2 (Part 1) by Tangle Inc. (Attachments: # (1) Def 2, # (2) Def 3, # (3) Def 4, # (4) Def 5, # (5) Def 6, # (6) Def 7, # (7) Def 8, # (8) Def 9, # (9) Def 10, # (10) Def 11, # (11) Def 12, # (12) Def 13, # (13) Def 13 part b, # (14) Def 14, # (15) Def 15, # (16) Def 16, # (17) Def 16 part b, # (18) Def 17, # (19) Def 18, # (20) Def 19, # (21) Def 20, # (22) Def 21, # (23) Def 22, # (24) Def 23, # (25) Def 24, # (26) Def 25, # (27) Def 26, # (28) Def 27, # (29) Def 28, # (30) Def 29, # (31) Def 30, # (32) Def 31, # (33) Def 32, # (34) Def 33, # (35) Def 34, # (36) Def 35, # (37) Def 36, # (38) Def 37, # (39) Def 38, # (40) Def 39, # (41) Def 40, # (42) Def 41, # (43) Def 42 part a, # (44) Def 42 part b, # (45) Defs 43-47, # (46) Def 48 part 1, # (47) Def 48 part 2, # (48) Def 48 part 3, # (49) Def 49, # (50) Def 50)Motion or Order to File Under Seal: [8]. 翻译
11/11/2021
***EX-PARTE***REDACTION to [1] Complaint, Schedule A by Tangle Inc.Motion or Order to File Under Seal: [8]. 翻译
11/11/2021
MOTION to Seal Schedule A to Complaint and Exhibit 2 to Zawitz Declaration. Document filed by Tangle Inc. 翻译
11/11/2021
DECLARATION of Richard Zawitz in Support re: [4] Proposed Order to Show Cause With Emergency Relief. Document filed by Tangle Inc. 翻译
附件:
1:Exhibit 1 (Copyright and Trademark Registration)
2:Exhibit 2 (Screenshot Printouts - Redacted)
11/11/2021
DECLARATION of Michael R. Yellin in Support re: [4] Proposed Order to Show Cause With Emergency Relief. Document filed by Tangle Inc. 翻译
附件:
1:Exhibit 1 (January 2011 Mark Monitor report)
2:Exhibit 2 (IP Rights Seizures Statistics Report)
3:Exhibit 3 (BASCAP Report)
4:Exhibit 4 (ICANN Registrar Accreditation Agreement)
5:Exhibit 5 (Hague Convention on Service Abroad)
6:Exhibit 6 (Translation of Civil Procedure Law of the People's Republic of C
11/11/2021
MEMORANDUM OF LAW in Support re: [4] Proposed Order to Show Cause With Emergency Relief. Document filed by Tangle Inc. 翻译
11/11/2021
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Tangle Inc. Related Document Number: [1]. Proposed Order to Show Cause to be reviewed by Clerk's Office staff. 翻译
11/11/2021
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tangle Inc. 翻译
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