最近更新：2025-04-03
2025-cv-02499 AI分析
| 日期 | 描述 |
|---|---|
| 04/01/2025 | NOTICE of Motion by David Lee Gulbransen, Jr for presentment of motion for leave to file excess pages[15], motion for temporary restraining order[13], motion to seal document[16] before Honorable John Robert Blakey on 4/9/2025 at 11:00 AM. 翻译
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| 04/01/2025 | MOTION by Plaintiff CDE, Inc. to seal document sealed document, [14] 翻译
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| 04/01/2025 | MOTION by Plaintiff CDE, Inc. for leave to file excess pages 翻译
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| 04/01/2025 | SEALED DOCUMENT by Plaintiff CDE, Inc. Memorandum in Support of TRO Motion 翻译
附件： 1:Exhibit Exhibit 1 to Declaration of David Gulbransen 2:Declaration Declaration of David Gulbransen 3:Declaration Declaration of Plaintiff 4:(Exhibit Exhibit 2 to Declaration of David Gulbransen) |
| 04/01/2025 | MOTION by Plaintiff CDE, Inc. for temporary restraining order 翻译
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| 04/01/2025 | SEALED DOCUMENT by Plaintiff CDE, Inc. Amended Complaint, Exhibits and Schedule A 翻译
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| 03/10/2025 | MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion to seal [7] but dismisses the complaint [1] without prejudice based upon improper joinder. Plaintiff has sued 419 online merchants alleging trademark and copyright infringement, see [1], [2]. Joinder of multiple defendants in a single suit appears to run afoul of 35 U.S.C. § 299, which provides that "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). Plaintiff's complaint, which lumps all Defendants together, alleges that "Upon information and belief, Defendants are an interrelated group of counterfeiters working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Counterfeit Products." [1]. This assertion alone, however, fails to meet the requirements of 35 U.S.C. § 299, and Plaintiff offers no additional facts to support joinder. Moreover, the complaint suggests that Plaintiff seeks to sue all of the listed Defendants for trademark and copyright infringement; yet it merely provides the trademark and copyright registrations for its own products [1-2], [1-3]. Plaintiff has offered nothing to show that Defendants' products and websites are so alike that their conduct constitutes a single occurrence, thus Plaintiff's complaint fails to support this broad assertion of all claims. Accordingly, the Court finds that Plaintiff has failed to demonstrate the propriety of joining all 419 defendants in this single action and dismisses the complaint [1] without prejudice. If Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support joinder, it may do so by 4/10/25. If Plaintiff pursues an amended complaint and revised motions, it should ensure that its pleadings support joinder of all Defendants and that its submissions demonstrate a likelihood of success as to each Defendant on each asserted claim. Finally, it appears that counsel for Plaintiff is a member of the Court's general bar, but not the trial bar; counsel must ensure strict compliance with LR 83.12. Counsel is also reminded that all motions must be noticed for presentment. Mailed notice. 翻译
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| 03/11/2025 | MAILED Copyright report to Registrar, Washington DC 翻译
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| 03/11/2025 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials 翻译
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| 03/11/2025 | MAILED Trademark report to Patent Trademark Office, Alexandria VA 翻译
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| 03/10/2025 | CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). 翻译
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| 03/10/2025 | 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
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| 03/10/2025 | MOTION by Plaintiff CDE, Inc. to seal document sealed document[2], sealed document[5], sealed document[4] 翻译
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| 03/10/2025 | ATTORNEY Appearance for Plaintiff CDE, Inc. by David Lee Gulbransen, Jr 翻译
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| 03/10/2025 | SEALED DOCUMENT by Plaintiff CDE, Inc. Affiliate Disclosure 翻译
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| 03/10/2025 | SEALED DOCUMENT by Plaintiff CDE, Inc. USPTO Cover Sheet 翻译
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| 03/10/2025 | CIVIL Cover Sheet 翻译
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| 03/10/2025 | SEALED DOCUMENT by Plaintiff CDE, Inc. Complaint, Ex. 1, Ex. 2, and Schedule A 翻译
附件： 1:Exhibit Exhibit 1 2:Exhibit Exhibit 2 3:(Appendix Schedule A) |
| 03/10/2025 | COMPLAINT filed by CDE, Inc.; Filing fee $ 405, receipt number AILNDC-23187304. 翻译
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