MEMO ENDORSEMENT on re: 24 Letter filed by Spin Master, Inc., Spin Master Ltd. ENDORSEMENT: Application GRANTED. Attorney Spencer Joseph Wolgang terminated. (Signed by Judge Lorna G. Schofield on 12/19/2018) (jca)
LETTER addressed to Judge Lorna G. Schofield from Spencer J. Wolgang dated December 19, 2018 re: Withdrawal as Attorney. Document filed by Spin Master Ltd., Spin Master, Inc..(Wolgang, Spencer)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Spencer J. Wolgang to Withdraw as Attorney . Document filed by Spin Master Ltd., Spin Master, Inc..(Wolgang, Spencer) Modified on 12/19/2018 (db).
CERTIFICATE OF SERVICE of Initial Pretrial Conference Order and Individual Rules served on Defendants on December 12, 2018 and December 14, 2018. Document filed by ABC, Spin Master Ltd., Spin Master, Inc.. (Brennan, Mary)
ORDER: Initial Conference set for 1/24/2019 at 11:00 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/12/2018) (cf)
CERTIFICATE OF SERVICE. 13385184960@163.com served on 11/20/2018, answer due 12/11/2018; 18888236883@163.com served on 11/20/2018, answer due 12/11/2018; Altay served on 11/20/2018, answer due 12/11/2018; DIY Gem shop served on 11/20/2018, answer due 12/11/2018; Diamond boutique served on 11/20/2018, answer due 12/11/2018; Dreamships served on 11/20/2018, answer due 12/11/2018; Dumbledor shop served on 11/20/2018, answer due 12/11/2018; Efashioner served on 11/20/2018, answer due 12/11/2018; Every day there will be a new sun served on 11/20/2018, answer due 12/11/2018; Fella served on 11/20/2018, answer due 12/11/2018; Fullusset served on 11/20/2018, answer due 12/11/2018; Godcup served on 11/20/2018, answer due 12/11/2018; Green Fashion served on 11/20/2018, answer due 12/11/2018; Huashaoshot served on 11/20/2018, answer due 12/11/2018; Huaxiawaimaoshang served on 11/20/2018, answer due 12/11/2018; ISHOP served on 11/20/2018, answer due 12/11/2018; ISYISY served on 11/20/2018, answer due 12/11/2018; JL&prefect served on 11/20/2018, answer due 12/11/2018; Jahurto, Jasonstore1 served on 11/20/2018, answer due 12/11/2018; Keep going served on 11/20/2018, answer due 12/11/2018; Lanxihuanglongdong served on 11/20/2018, answer due 12/11/2018; Lostiu8 served on 11/20/2018, answer due 12/11/2018; MOMTUTUS served on 11/20/2018, answer due 12/11/2018; Mikeqyq served on 11/20/2018, answer due 12/11/2018; Mr. P served on 11/20/2018, answer due 12/11/2018; Mr.Zxx, MRY_Store served on 11/20/2018, answer due 12/11/2018; NVC served on 11/20/2018, answer due 12/11/2018; NewMerchantFashion served on 11/20/2018, answer due 12/11/2018; Pandora love served on 11/20/2018, answer due 12/11/2018; Qomxzhk served on 11/20/2018, answer due 12/11/2018; Renderingyou served on 11/20/2018, answer due 12/11/2018; Shenzhen Yinfa Technology LTD served on 11/20/2018, answer due 12/11/2018; Shenzhenyiweikejiyouxiangongsi served on 11/20/2018, answer due 12/11/2018; Show You Now served on 11/20/2018, answer due 12/11/2018; Shu panpan wu shoushou served on 11/20/2018, answer due 12/11/2018; Small Y Clothes Store served on 11/20/2018, answer due 12/11/2018; Threeqiaoway served on 11/20/2018, answer due 12/11/2018; Tomik18816764436 served on 11/20/2018, answer due 12/11/2018; Utopia1973 served on 11/20/2018, answer due 12/11/2018; Utopia2017 served on 11/20/2018, answer due 12/11/2018; Valuable served on 11/20/2018, answer due 12/11/2018; XZH served on 11/20/2018, answer due 12/11/2018; Xinyudiyiyi served on 11/20/2018, answer due 12/11/2018; YOUR FASHION JEWELRY served on 11/20/2018, answer due 12/11/2018; YOYOBESS served on 11/20/2018, answer due 12/11/2018; YY6752SDD served on 11/20/2018, answer due 12/11/2018; Yangmingxiongdi served on 11/20/2018, answer due 12/11/2018; YiHuiandYiHui served on 11/20/2018, answer due 12/11/2018; Yquan served on 11/20/2018, answer due 12/11/2018; Yuxitao served on 11/20/2018, answer due 12/11/2018; Zhangdongyue served on 11/20/2018, answer due 12/11/2018; Zhenpinhui served on 11/20/2018, answer due 12/11/2018; angelcityer served on 11/20/2018, answer due 12/11/2018; bamboo001 served on 11/20/2018, answer due 12/11/2018; caoping served on 11/20/2018, answer due 12/11/2018; congcong2 served on 11/20/2018, answer due 12/11/2018; dandanxiaowu served on 11/20/2018, answer due 12/11/2018; dayingjia1256 served on 11/20/2018, answer due 12/11/2018; fashionable and sport store served on 11/20/2018, answer due 12/11/2018; fashiondofu served on 11/20/2018, answer due 12/11/2018; fhijhcf served on 11/20/2018, answer due 12/11/2018; giftshop2017 served on 11/20/2018, answer due 12/11/2018; give your dream served on 11/20/2018, answer due 12/11/2018; global-spirit served on 11/20/2018, answer due 12/11/2018; global_dawn served on 11/20/2018, answer due 12/11/2018; guangdonghuatai served on 11/20/2018, answer due 12/11/2018; guigiudedian served on 11/20/2018, answer due 12/11/2018; happystore99 served on 11/20/2018, answer due 12/11/2018; ivanicababyshop served on 11/20/2018, answer due 12/11/2018; juziEjia served on 11/20/2018, answer due 12/11/2018; kaixuanxiaorenjia served on 11/20/2018, answer due 12/11/2018; kristinecottrell served on 11/20/2018, answer due 12/11/2018; lianjiaxiaodian served on 11/20/2018, answer due 12/11/2018; magic Curry served on 11/20/2018, answer due 12/11/2018; maisystore001 served on 11/20/2018, answer due 12/11/2018; maomao1608@163.com served on 11/20/2018, answer due 12/11/2018; qiqiyanyan served on 11/20/2018, answer due 12/11/2018; siermaoyiyouxiangongsi served on 11/20/2018, answer due 12/11/2018; smallsmallworld served on 11/20/2018, answer due 12/11/2018; tiancong135 served on 11/20/2018, answer due 12/11/2018; wangjuhua11365 served on 11/20/2018, answer due 12/11/2018; wendy E-commerce served on 11/20/2018, answer due 12/11/2018; wuli0014 served on 11/20/2018, answer due 12/11/2018; wxxww served on 11/20/2018, answer due 12/11/2018; xiongdistore served on 11/20/2018, answer due 12/11/2018; xuanxuan636187 served on 11/20/2018, answer due 12/11/2018; xyrstorekl served on 11/20/2018, answer due 12/11/2018; yangliu248 served on 11/20/2018, answer due 12/11/2018; yehudieye served on 11/20/2018, answer due 12/11/2018; yekaiqiang served on 11/20/2018, answer due 12/11/2018; yeqirong served on 11/20/2018, answer due 12/11/2018; yiwu blue sky served on 11/20/2018, answer due 12/11/2018; youyoushanxi served on 11/20/2018, answer due 12/11/2018; zhangxiaxiazhang served on 11/20/2018, answer due 12/11/2018; zhenzhen-fashion served on 11/20/2018, answer due 12/11/2018. Document filed by Spin Master, Inc.; Spin Master Ltd.. (Scully, Brieanne)
DECLARATION OF SPENCER WOLGANG AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFFS' EX PARTE APPLICATION FOR: 1) TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY. Document filed by Spin Master Ltd., Spin Master, Inc. (***Previously filed under seal in envelope #2, and unsealed on 11/28/2018.***) (jwh) (Entered: 11/29/2018)
DECLARATION OF CHRIS HARRS AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFFS' EX PARTE APPLICATION FOR: 1) TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY. Document filed by Spin Master Ltd., Spin Master, Inc. (***Previously filed under seal in envelope #2, and unsealed on 11/28/2018.***) (jwh) (Entered: 11/29/2018)
DECLARATION OF JESSICA ARNAIZ AND ACCOMPANYING EXHIBIT IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: 1) TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY. Document filed by Spin Master Ltd., Spin Master, Inc. (Attachments: # 1 Exhibit A part 1, # 2 Exhibit A part 2, # 3 Exhibit A part 3, # 4 Exhibit A part 4, # 5 Exhibit A part 5) (***Previously filed under seal in envelope #2, and unsealed on 11/28/2018.***) (jwh) Modified on 11/29/2018 (jwh). (Entered: 11/29/2018)
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' 1) EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY Document filed by Spin Master Ltd., Spin Master, Inc.. (Attachments: # 1 Text of Proposed Order) (***Previously filed under seal in envelope #2, and unsealed on 11/28/2018.***) (jwh) (Entered: 11/29/2018)
AO 121 FORM COPYRIGHT - ADDITIONAL PLEADING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that following additional copyright(s) have been included in a court action filed in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (***Previously filed under seal in envelope #2, and unsealed on 11/28/2018.***) (jwh) Modified on 11/29/2018 (jwh). (Entered: 11/29/2018)
AO 120 FORM TRADEMARK -ADDITIONAL PLEADING - 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 additional trademark(s) have been included in a court action filed 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). (***Previously filed under seal in envelope #2, and unsealed on 11/28/2018.***) (jwh) (Entered: 11/29/2018)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Spin Master Ltd. for Spin Master, Inc. Document filed by Spin Master Ltd., Spin Master, Inc. (jwh) (***Previously filed under seal in envelope #2, and unsealed on 11/28/2018.***) Modified on 11/29/2018 (jwh). (Entered: 11/29/2018)
CIVIL COVER SHEET filed. (jwh) (***Previously filed under seal in envelope #2, and unsealed on 11/28/2018.***) Modified on 11/29/2018 (jwh). (Entered: 11/29/2018)
ORDER TEMPORARILY SEALING FILE: On this day, the Court considered Plaintiffs' Application to Temporarily File Under Seal and it is hereby ORDERED that the Clerk of the Court shall maintain the documents associated with the above-referenced action, including, but not limited to, Plaintiffs' Complaint and exhibits attached thereto and Plaintiffs' ex parte application for: 1) a temporary restraining order; 2) an order restraining assets and Merchant Storefronts; 3) an order to show cause why a preliminary injunction should not issue; 4) an order authorizing bifurcated and alternative service; and 5) an order authorizing expedited discovery ("Application") and the supporting declarations of Jessica Amaiz, Chris Harrs and Spencer Wolgang and exhibits attached thereto under seal for a period of one (1) week, or until further order by the Court. It is also hereby ORDERED that, notwithstanding this Order to Temporarily Seal File, the Clerk of the Court shall have authority to provide Plaintiffs with certified copies of any orders entered in this matter while under seal. (Signed by Judge Victor Marrero, PART I, on 11/13/2018) (***Previously filed under seal in envelope #2, and unsealed on 11/28/2018.***) (jwh) Modified on 11/29/2018 (jwh). (Entered: 11/29/2018)
PRELIMINARY INJUNCTION ORDER: The injunctive relief previously granted in the TRO shall remain in place through the pendency of this litigation, and issuing this Preliminary Injunction Order (hereinafter, "PI Order") is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the Lanham Act. Accordingly, Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or until further order of the Court: manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in Counterfeit Products or any other products bearing the Twisty Petz Mark and/or marks that are confusingly similar to, identical to and constitute a counterfeiting and/or infringement of the Twisty Petz Mark and/or incorporating the Twisty Petz Work and/or artwork that is substantially similar to, identical to and constitute an infringement of the Twisty Petz Work; as further set forth in this Order. The $10,000.00 bond posted by Plaintiffs shall remain with the Court until a final disposition of this case or until this PI Order is terminated. This PI Order shall remain in effect during the pendency of this action, or until further order of the Court. (Signed by Judge Lorna G. Schofield on 11/28/2018) (cf)
ORDER WHEREAS the Court orders that this Action be unsealed and Records Management upload all documents filed to date on the Electronic Case Filing system. So Ordered. (Signed by Judge Lorna G. Schofield on 11/28/2018) (mhe)
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Spencer Joseph Wolgang to RE-FILE Document 23 MOTION for Spencer J. Wolgang to Withdraw as Attorney . Use the event type Letter found under the event list Other Documents. (db)