2024-cv-09075 AI分析
01/14/2025
ORDER on Plaintiff's Motion for Return of Injunction Bond. Signed by the Honorable John Robert Blakey on 1/14/2025. Mailed notice. 翻译
01/07/2025
MAILED Closing Copyright report to Registrar, Washington DC. 翻译
附件：
1:(Closing Copyright Minute Entry dated 1/6/2025)
01/06/2025
MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 19, this case is hereby dismissed without prejudice as to all remaining Defendants under Rule 41(a). Absent reinstatement by 2/28/25, this dismissal shall automatically convert to a dismissal with prejudice. All matters in dispute now having been resolved, this case is closed. The Court grants Plaintiff's motion for return of bond 20 and strikes the 1/8/25 Notice of Motion date. The twelve-thousand-dollar ($12,000) bond posted by Plaintiff is hereby released, along with any interest accrued, to Plaintiff or its counsel, Michael Stanley and Associates, P.C., and the Clerk of the Court shall return the bond previously deposited with the Clerk of the Court (along with any accrued interest) to Plaintiff or its counsel. Civil case terminated. Mailed notice. 翻译
12/27/2024
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. 翻译
12/19/2024
NOTICE of Motion by Lydia Pittaway for presentment of motion for bond 20 before Honorable John Robert Blakey on 1/8/2025 at 11:00 AM. 翻译
12/19/2024
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for bond return 翻译
12/19/2024
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation as to Def. No. 1-12 翻译
10/25/2024
CHECK BOND in the amount of $ 12,000.00 Rcpt. No: 100012380 posted by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation 翻译
10/24/2024
MINUTE entry before the Honorable John Robert Blakey: Plaintiff seeks to sue 12 separate Defendants in this lawsuit, alleging infringement of eight spooky, Halloween themed copyrights, see 1. 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). In this regard, Plaintiff alleges that "Defendants' Seller IDs share unique identifiers, such as design elements and similarities of the products offered for sale utilizing unauthorized and infringing copies of the Plaintiff's Hollow Halloween Works, which establishes a logical relationship between them. Defendants' Seller IDs likewise suggests that their illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." 1 at 11. Plaintiff similarly alleges that, even though Defendants "operate under multiple fictitious aliases, the e-commerce stores operating as the Defendant Internet Stores often share unique identifiers, such as templates with common design elements. E-commerce stores operating as the Defendant Internet Stores, or other currently unknown aliases, include other notable common features such as, use of the same registration patterns, accepted payment methods, check-out methods, keywords, illegitimate search engine optimization (SEO), advertising tactics, the same grammatical errors and misspellings, and/or the use of the same text and images. Additionally, the offers for sale and advertisements by the Defendant Internet Stores bear similar irregularities. An indicia of being related to one another and suggests that the Defendants are interrelated." Id. at 30. Plaintiff also alleges that "some of the Defendants' internet stores have virtually identical layouts" and that "the infringing depictions on the Defendants' online stores bear similarities and other indicia of being related to one another." Id. at 40. Plaintiff submitted copies of its copyright registrations, along with images of the copyrighted works, and also submitted screenshot evidence from Defendants' sites, see 1, 10. The evidence supports Plaintiff's allegations concerning Defendants' interrelatedness and sale of substantially identical items, see [10-2] (screenshots supporting infringement allegations as to Defendants 1 through 12 based upon the sales of seemingly identical items). Accordingly, based upon Plaintiff's submissions, the Court finds that Plaintiff's allegations support joinder, and Plaintiff may proceed against the 12 identified Defendants in this single action. Additionally, based upon Plaintiff's submissions, the Court grants Plaintiff's motions to seal 11, for electronic service of process 13, and for expedited discovery 12. The Court also grants Plaintiff's motion for entry of a sealed temporary restraining order 14. Enter Sealed Temporary Restraining Order. Absent further order, this TRO will expire 11/7/24. The 10/25/24 Notice of Motion date is stricken. Mailed notice 翻译
10/16/2024
MINUTE entry before the Honorable John Robert Blakey: Due to the Court's trial schedule, Plaintiff's motions 14, 12, 11, and 13 previously noticed for 10/23/2024 are reset for 10/25/2024 at 11 a.m. in Courtroom 1203. Mailed notice 翻译
10/15/2024
NOTICE of Motion by Lydia Pittaway for presentment of motion for temporary restraining order 14, motion for miscellaneous relief 12, motion to seal 11, motion for miscellaneous relief 13 before Honorable John Robert Blakey on 10/23/2024 at 11:00 AM. 翻译
10/15/2024
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for temporary restraining order 翻译
附件：
1:(Exhibit One: Declaration of L. Pittaway)
10/15/2024
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3) 翻译
10/15/2024
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation FOR THIRD PARTY EXPEDITED DISCOVERY AND INCORPORATED MEMORANDUM OF LAW 翻译
10/15/2024
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to seal 翻译
10/15/2024
SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation EXHIBITS ONE THROUGH THREE TO THE DECLARATION OF JUN WU (DOC. 8): Exhibit One: Copyright Registrations 翻译
附件：
1:(Exhibit Three: Evidence)
2:Exhibit Two: Schedule A
10/15/2024
SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation AMENDED SCHEDULE A 翻译
10/04/2024
ATTORNEY Appearance for Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation by Michael Thomas Stanley 翻译
09/27/2024
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
09/27/2024
CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 3). 翻译
09/27/2024
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation 翻译
09/27/2024
SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation SCHEDULE A 翻译
09/27/2024
ATTORNEY Appearance for Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation by Lydia Pittaway 翻译
09/27/2024
COMPLAINT filed by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation; JURY DEMAND. Filing fee $ 405, receipt number AILNDC-22531871. 翻译
附件：
1:Exhibit One: Registrations
2:Exhibit Two: CBP Report
3:Exhibit Three: Law Review Article
4:(Exhibit Four: HSI Report)
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