Mattel, Inc. v. Betterlover

Federal Civil Lawsuit New York Southern District Court, Case No. 1:18-cv-11644
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Last Updated May 3, 2022 at 7:48 PM EDT (3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo ABC, Plaintiff
Mattel, Inc. Mattel, Inc., Plaintiff

Represented by Epstein Drangel Bazerman and James LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Mary Catherine Brennan +1 212 292 5390 mbrennan@ipcounselors.com
ATTORNEY TO BE NOTICED Andrew Sup Chung +1 212 292 5390 achung@ipcounselors.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY TTAB Attorney Placeholder asands@ipcounselors.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Brieanne Scully bscully@ipcounselors.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Shang Sun mail@ipcounselors.com
v.
No Logo 2012shiningroom2012, Defendant
No Logo BETTERLOVER, Defendant
No Logo BONICIACHIC, Defendant
No Logo BRINGDREAM, Defendant
No Logo BUYBEAUTYPRODUCTS, Defendant
No Logo BUYMOREMORE, Defendant
No Logo Charles' House, Defendant
No Logo CHERISH_, Defendant
No Logo CHINESE SHENZHEN GAODE TRADING COMPANY, Defendant
No Logo DABINTXUE, Defendant
No Logo DEF, Defendant
No Logo DINGXU'S STORE, Defendant
No Logo ETEMENANKI, Defendant
No Logo GLUBTECK, Defendant
No Logo GUOJIAJIA, Defendant
No Logo HITTIME, Defendant
No Logo HONGJINGDA STORE, Defendant
No Logo HUAYI PHOTO LTD, Defendant
No Logo HUNHUNSTORE, Defendant
No Logo INTELLIGENT_LIFE, Defendant
No Logo JIANGLIN STORE, Defendant
No Logo JOHNNY SHOP, Defendant
No Logo JOYFUL FISH, Defendant
No Logo KOLLIA, Defendant
No Logo LABOUTIQUEDESTOONS, Defendant
No Logo LENGSHANBO, Defendant
No Logo LINGFEICUIKAIG, Defendant
No Logo LOVER SPACE WALL STICKER, Defendant
No Logo LUCKY JOHN FENG'S STORE, Defendant
No Logo LUCY WANG, Defendant
No Logo MORALTOP, Defendant
No Logo NEW LUCKY, Defendant
No Logo OEY DEDIANPO, Defendant
No Logo PAZC009, Defendant
No Logo PPINGSMILE, Defendant
No Logo QAMAWCUQING, Defendant
No Logo QINGFENTE, Defendant
No Logo RENGUOFEI, Defendant
No Logo REWEVIRGINHAIR, Defendant
No Logo SHENZHEN YAHOO BUYING CO.,LTD., Defendant
No Logo SILINYUAN, Defendant
No Logo SKY-EYE, Defendant
No Logo THE BEAUTY CLUB, Defendant

Represented by mdepatents.com Law Firm Placeholder

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Michael D. Eisenberg +1 858 812 0820 meisenberg@mdepatents.com
No Logo WANGHAIBING, Defendant
No Logo WEDDING DECORATION CHINA, Defendant
No Logo WEICHSTERSPORTS, Defendant
No Logo WEIXIAOMING1, Defendant
No Logo WESTBLUEFLOWERS, Defendant
No Logo XIAOJIAN XIE, Defendant
No Logo XINHUI SUPPLY, Defendant
No Logo XIXIAOXIAO, Defendant
No Logo XUEXUEZHIZI, Defendant
No Logo YEQIAN, Defendant
No Logo YESCON, Defendant
No Logo YIWUSHIMIAOJINDIANZISHANGWUYOU XIANGONGSI, Defendant
No Logo ZEAGOO2008, Defendant
No Logo ZFQLP16, Defendant
No Logo ZHANGQIANQ, Defendant
No Logo ZHIYUANSTORE, Defendant
Attributes
Citation Section 15 U.S.C. § 1051
Nature of Suit 840 - Property Rights: Trademark
Timeline
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Legal Document (Payment Possibly Required) 173 Filed: 5/3/2022, Entered: None Judgment - Default
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Legal Document (Payment Possibly Required) 156 Filed: 8/3/2020, Entered: None Clerk's Certificate of Default
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Legal Document (Payment Possibly Required) 155 Filed: 8/3/2020, Entered: None Declaration in Support (non-motion)
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Legal Document (Payment Possibly Required) 124 Filed: 4/22/2020, Entered: None Letter
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Legal Document (Payment Possibly Required) 122 Filed: 4/14/2020, Entered: None Notice of Voluntary Dismissal - Signed
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Legal Document (Payment Possibly Required) 102 Filed: 2/14/2020, Entered: None Declaration (non-motion)
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Legal Document (Payment Possibly Required) 100 Filed: 2/14/2020, Entered: None Proposed Clerk's Certificate of Default
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Legal Document (Payment Possibly Required) 96 Filed: 2/6/2020, Entered: None Proposed Clerk's Certificate of Default
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Legal Document (Payment Possibly Required) 95 Filed: 12/10/2019, Entered: None Notice of Voluntary Dismissal - Signed
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Legal Document (Payment Possibly Required) 94 Filed: 12/9/2019, Entered: None Notice of Voluntary Dismissal
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Legal Document (Payment Possibly Required) 93 Filed: 12/3/2019, Entered: None Declaration (non-motion)
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Legal Document (Payment Possibly Required) 92 Filed: 12/3/2019, Entered: None Miscellaneous Relief
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Legal Document (Payment Possibly Required) 91 Filed: 11/20/2019, Entered: None Declaration in Support of Motion
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Legal Document (Payment Possibly Required) 88 Filed: 10/30/2019, Entered: None Order
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Legal Document (Payment Possibly Required) 80 Filed: 8/12/2019, Entered: None Proposed Clerk's Certificate of Default
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Legal Document (Payment Possibly Required) 79 Filed: 8/9/2019, Entered: None Notice of Voluntary Dismissal - Signed
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Legal Document (Payment Possibly Required) 78 Filed: 8/8/2019, Entered: None Notice of Voluntary Dismissal
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Legal Document (Payment Possibly Required) 77 Filed: 8/6/2019, Entered: None Remark
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Legal Document (Payment Possibly Required) 71 Filed: 7/25/2019, Entered: None Miscellaneous Relief
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Legal Document (Payment Possibly Required) 70 Filed: 6/25/2019, Entered: None Notice of Voluntary Dismissal
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Legal Document (Payment Possibly Required) 69 Filed: 6/5/2019, Entered: None Letter
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Legal Document (Payment Possibly Required) 68 Filed: 5/31/2019, Entered: None Notice of Voluntary Dismissal - Signed
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Legal Document (Payment Possibly Required) 67 Filed: 5/31/2019, Entered: None Notice of Voluntary Dismissal
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Legal Document (Payment Possibly Required) 66 Filed: 5/21/2019, Entered: None Letter
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Legal Document (Payment Possibly Required) 65 Filed: 5/20/2019, Entered: None Declaration (non-motion)
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Legal Document (Payment Possibly Required) 63 Filed: 5/14/2019, Entered: None Letter
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Legal Document (Payment Possibly Required) 62 Filed: 5/14/2019, Entered: None Response in Opposition to Motion
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Legal Document (Payment Possibly Required) 61 Filed: 5/13/2019, Entered: None Declaration (non-motion)
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Legal Document (Payment Possibly Required) 60 Filed: 5/13/2019, Entered: None Strike
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Legal Document (Payment Possibly Required) 56 Filed: 4/30/2019, Entered: None Notice of Voluntary Dismissal - Signed
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Legal Document (Payment Possibly Required) 55 Filed: 4/29/2019, Entered: None Notice of Voluntary Dismissal
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Legal Document (Payment Possibly Required) 53 Filed: 4/18/2019, Entered: None Order
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Legal Document (Payment Possibly Required) 51 Filed: 4/10/2019, Entered: None Answer
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Legal Document (Payment Possibly Required) 50 Filed: 4/10/2019, Entered: None Notice of Appearance
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Legal Document (Payment Possibly Required) 49 Filed: 4/10/2019, Entered: None Letter
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Legal Document (Payment Possibly Required) 48 Filed: 4/10/2019, Entered: None Clerk's Certificate of Default
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Legal Document (Payment Possibly Required) 47 Filed: 4/10/2019, Entered: None Notice of Voluntary Dismissal - Signed
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Legal Document (Payment Possibly Required) 46 Filed: 4/9/2019, Entered: None Declaration in Support (non-motion)
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Legal Document (Payment Possibly Required) 45 Filed: 4/9/2019, Entered: None Proposed Clerk's Certificate of Default
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Legal Document (Payment Possibly Required) 44 Filed: 4/8/2019, Entered: None Notice of Voluntary Dismissal
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Legal Document (Payment Possibly Required) 42 Filed: 3/28/2019, Entered: None Letter
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Legal Document (Payment Possibly Required) 40 Filed: 3/13/2019, Entered: None Notice of Voluntary Dismissal - Signed
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Legal Document (Payment Possibly Required) 39 Filed: 3/12/2019, Entered: None Notice of Voluntary Dismissal
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Legal Document (Payment Possibly Required) 38 Filed: 2/14/2019, Entered: None Notice of Voluntary Dismissal - Signed
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Legal Document (Payment Possibly Required) 35 Filed: 2/4/2019, Entered: None Letter
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Legal Document (Payment Possibly Required) 32 Filed: 1/24/2019, Entered: None Notice of Voluntary Dismissal - Signed
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Legal Document (Payment Possibly Required) 31 Filed: 1/24/2019, Entered: None Notice of Voluntary Dismissal
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Legal Document (Payment Possibly Required) 30 Filed: 1/22/2019, Entered: None Order on Motion for Extension of Time to Answer
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Legal Document (Payment Possibly Required) 29 Filed: 1/22/2019, Entered: None Extension of Time to File Answer
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Legal Document (Payment Possibly Required) 28 Filed: 1/10/2019, Entered: 1/10/2019 Unknown Document Type
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a confernece proceeding held on 12/20/18 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...(McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 27 Filed: 1/10/2019, Entered: 1/10/2019 Unknown Document TypeCourt Filing
TRANSCRIPT of Proceedings re: conference held on 12/20/2018 before Judge P. Kevin Castel. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. 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 1/31/2019. Redacted Transcript Deadline set for 2/11/2019. Release of Transcript Restriction set for 4/10/2019.(McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 26 Filed: 1/10/2019, Entered: 1/10/2019 Unknown Document Type
NOTICE OF APPEARANCE by Andrew Sup Chung on behalf of Mattel, Inc.. (Chung, Andrew)
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Legal Document (Payment Possibly Required) 25 Filed: 1/8/2019, Entered: 1/8/2019 Unknown Document TypeCourt Filing
CONSENT ORDER granting 24 Motion for Extension of Time to Answer: Application GRANTED. Defendant's, The Beauty Club, time to answer or otherwise respond is hereby extended until January 22, 2019. Next time a single letter request will suffice. (THE BEAUTY CLUB answer due 1/22/2019.) (Signed by Judge P. Kevin Castel on 1/8/2019) (jwh)
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Legal Document (Payment Possibly Required) 24 Filed: 1/8/2019, Entered: 1/8/2019 Unknown Document TypeCourt Filing
FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge P. Kevin Castel from Michael Eisenberg dated January 7, 2019. Document filed by THE BEAUTY CLUB. (Attachments: # 1 Text of Proposed Order)(Eisenberg, Michael)
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Legal Document (Payment Possibly Required) 23 Filed: 12/21/2018, Entered: 12/21/2018 Certificate of Service Other
CERTIFICATE OF SERVICE of Preliminary Injunction Order served on Defendants on December 20, 2018. Document filed by Mattel, Inc.. (Brennan, Mary)
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Legal Document (Payment Possibly Required) 22 Filed: 12/20/2018, Entered: None Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: (3 in 1:18-cv-11648-PKC) Order, (3 in 1:18-cv-11644-PKC) Order, (3 in 1:18-cv-11647-PKC) Order. ENDORSEMENT: The Complaints and all exhibits and submission in the above three actions are to be unsealed. (Signed by Judge P. Kevin Castel on 12/20/2018) (jwh) Transmission to Sealed Records Clerk for processing. (Entered: 12/21/2018)
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Legal Document (Payment Possibly Required) 21 Filed: 12/20/2018, Entered: 12/20/2018 Preliminary InjunctionCourt Filing
PRELIMINARY INJUNCTION ORDER: 1. 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. a) 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: L 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 Barbie Marks and/or marks that are confusingly similar to, identical to and constitute a counterfeiting and/or infringement of the Barbie Marks and/or incorporating the Barbie Works and/or artwork that is substantially similar to, identical to and constitute an infringement of the Barbie Works, and as further set forth in this order. (Signed by Judge P. Kevin Castel on 12/20/2018) (jwh)
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Legal Document (Payment Possibly Required) 20 Filed: 12/20/2018, Entered: 12/20/2018 Notice of Voluntary Dismissal - SignedCourt Filing
NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Mattel, Inc., ("Mattel" or "Plaintiff"), by their undersigned attorneys, hereby give notice of dismissal of all claims against Defendant weixiaoming1 in the above-captioned action, without prejudice, and with each party to bear its own attorneys' fees, costs and expenses. (WEIXIAOMING1 terminated.) (Signed by Judge P. Kevin Castel on 12/20/2018) (jwh)
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Legal Document (Payment Possibly Required) 19 Filed: 12/19/2018, Entered: 12/19/2018 Notice of voluntary dismissal
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, without prejudice and without costs against the defendant(s) WEIXIAOMING1. Document filed by Mattel, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Scully, Brieanne)
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Legal Document (Payment Possibly Required) 18 Filed: 12/19/2018, Entered: 12/19/2018 Proposed Order
PROPOSED ORDER. Document filed by Mattel, Inc.. (Scully, Brieanne) Proposed Order to be reviewed by Clerk's Office staff.
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Legal Document (Payment Possibly Required) 17 Filed: 12/19/2018, Entered: 12/19/2018 Certificate of Service Complaints
CERTIFICATE OF SERVICE. BETTERLOVER served on 12/18/2018, answer due 1/8/2019; BONICIACHIC served on 12/18/2018, answer due 1/8/2019; BRINGDREAM served on 12/18/2018, answer due 1/8/2019; BUYBEAUTYPRODUCTS served on 12/18/2018, answer due 1/8/2019; BUYMOREMORE served on 12/18/2018, answer due 1/8/2019; CHERISH_ served on 12/18/2018, answer due 1/8/2019; CHINESE SHENZHEN GAODE TRADING COMPANY served on 12/18/2018, answer due 1/8/2019; Charles' House served on 12/18/2018, answer due 1/8/2019; DABINTXUE served on 12/18/2018, answer due 1/8/2019; DINGXU'S STORE served on 12/18/2018, answer due 1/8/2019; ETEMENANKI served on 12/18/2018, answer due 1/8/2019; GLUBTECK served on 12/18/2018, answer due 1/8/2019; GUOJIAJIA served on 12/18/2018, answer due 1/8/2019; HITTIME served on 12/18/2018, answer due 1/8/2019; HONGJINGDA STORE served on 12/18/2018, answer due 1/8/2019; HUAYI PHOTO LTD served on 12/18/2018, answer due 1/8/2019; HUNHUNSTORE served on 12/18/2018, answer due 1/8/2019; INTELLIGENT_LIFE served on 12/18/2018, answer due 1/8/2019; JIANGLIN STORE served on 12/18/2018, answer due 1/8/2019; JOHNNY SHOP served on 12/18/2018, answer due 1/8/2019; JOYFUL FISH served on 12/18/2018, answer due 1/8/2019; KOLLIA served on 12/18/2018, answer due 1/8/2019; LABOUTIQUEDESTOONS served on 12/18/2018, answer due 1/8/2019; LENGSHANBO served on 12/18/2018, answer due 1/8/2019; LINGFEICUIKAIG served on 12/18/2018, answer due 1/8/2019; LOVER SPACE WALL STICKER served on 12/18/2018, answer due 1/8/2019; LUCKY JOHN FENG'S STORE served on 12/18/2018, answer due 1/8/2019; LUCY WANG served on 12/18/2018, answer due 1/8/2019; MORALTOP served on 12/18/2018, answer due 1/8/2019; NEW LUCKY served on 12/18/2018, answer due 1/8/2019; OEY DEDIANPO served on 12/18/2018, answer due 1/8/2019; PAZC009 served on 12/18/2018, answer due 1/8/2019; PPINGSMILE served on 12/18/2018, answer due 1/8/2019; QAMAWCUQING served on 12/18/2018, answer due 1/8/2019; QINGFENTE served on 12/18/2018, answer due 1/8/2019; RENGUOFEI served on 12/18/2018, answer due 1/8/2019; REWEVIRGINHAIR served on 12/18/2018, answer due 1/8/2019; SHENZHEN YAHOO BUYING CO.,LTD. served on 12/18/2018, answer due 1/8/2019; SILINYUAN served on 12/18/2018, answer due 1/8/2019; SKY-EYE served on 12/18/2018, answer due 1/8/2019; THE BEAUTY CLUB served on 12/18/2018, answer due 1/8/2019; WANGHAIBING served on 12/18/2018, answer due 1/8/2019; WEDDING DECORATION CHINA served on 12/18/2018, answer due 1/8/2019; WEICHSTERSPORTS served on 12/18/2018, answer due 1/8/2019; WESTBLUEFLOWERS served on 12/18/2018, answer due 1/8/2019; XIAOJIAN XIE served on 12/18/2018, answer due 1/8/2019; XINHUI SUPPLY served on 12/18/2018, answer due 1/8/2019; XIXIAOXIAO served on 12/18/2018, answer due 1/8/2019; XUEXUEZHIZI served on 12/18/2018, answer due 1/8/2019; YEQIAN served on 12/18/2018, answer due 1/8/2019; YESCON served on 12/18/2018, answer due 1/8/2019; YIWUSHIMIAOJINDIANZISHANGWUYOU XIANGONGSI served on 12/18/2018, answer due 1/8/2019; ZEAGOO2008 served on 12/18/2018, answer due 1/8/2019; ZFQLP16 served on 12/18/2018, answer due 1/8/2019; ZHANGQIANQ served on 12/18/2018, answer due 1/8/2019; ZHIYUANSTORE served on 12/18/2018, answer due 1/8/2019. Document filed by Mattel, Inc.. (Scully, Brieanne)
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Sealed Legal Document 16 Filed: 12/18/2018, Entered: 12/18/2018 Declaration in Support (non-motion)
DECLARATION OF BRIEANNE SCULLY AND ACCOMPANYING EXHIBIT IN SUPPORT OF PLAINTIFF'S 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 IN JUNCTION SHOULD NOT ISSUE; 4) AN ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY Document filed by Mattel, Inc. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (jca)
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Sealed Legal Document 15 Filed: 12/18/2018, Entered: 12/18/2018 Declaration in Support (non-motion)
DECLARATION OF LISA DELANTY AND ACCOMPANYING EXHIBIT IN SUPPORT OF PLAINTIFF'S 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 IN JUNCTION SHOULD NOT ISSUE; 4) AN ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY Document filed by Mattel, Inc. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (jca)
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Sealed Legal Document 14 Filed: 12/18/2018, Entered: 12/18/2018 Declaration in Support (non-motion)
DECLARATION OF JESSICA ARNAIZ AND ACCOMPANYING EXHIBIT IN SUPPORT OF PLAINTIFF'S 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 IN JUNCTION SHOULD NOT ISSUE; 4) AN ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY Document filed by Mattel, Inc. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (jca)
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Sealed Legal Document 13 Filed: 12/18/2018, Entered: 12/18/2018 Memorandum of Law in Support (non-motion)
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S 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 Mattel, Inc. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (jca)
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Sealed Legal Document 12 Filed: 12/18/2018, Entered: 12/18/2018 AO 121 Form Copyright - Case Opening - Submitted
AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (Attachments: # 1 Exhibit A) (jca)
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Sealed Legal Document 11 Filed: 12/18/2018, Entered: 12/18/2018 AO 120 Form Trademark - Case Opening - Submitted
AO 120 FORM TRADEMARK - CASE OPENING - 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 trademark(s) 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). ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (Attachments: # 1 Exhibit A) (jca)
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Sealed Legal Document 10 Filed: 12/18/2018, Entered: 12/18/2018 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Mattel, Inc. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (jca)
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Sealed Legal Document 9 Filed: 12/18/2018, Entered: 12/18/2018 Summons issued
SUMMONS ISSUED as to BETTERLOVER, BONICIACHIC, BRINGDREAM, BUYBEAUTYPRODUCTS, BUYMOREMORE, CHERISH_, CHINESE SHENZHEN GAODE TRADING COMPANY, Charles' House, DABINTXUE, DINGXU'S STORE, ETEMENANKI, GLUBTECK, GUOJIAJIA, HITTIME, HONGJINGDA STORE, HUAYI PHOTO LTD, HUNHUNSTORE, INTELLIGENT_LIFE, JIANGLIN STORE, JOHNNY SHOP, JOYFUL FISH, KOLLIA, LABOUTIQUEDESTOONS, LENGSHANBO, LINGFEICUIKAIG, LOVER SPACE WALL STICKER, LUCKY JOHN FENG'S STORE, LUCY WANG, MORALTOP, NEW LUCKY, OEY DEDIANPO, PAZC009, PPINGSMILE, QAMAWCUQING, QINGFENTE, RENGUOFEI, REWEVIRGINHAIR, SHENZHEN YAHOO BUYING CO.,LTD., SILINYUAN, SKY-EYE, THE BEAUTY CLUB, WANGHAIBING, WEDDING DECORATION CHINA, WEICHSTERSPORTS, WEIXIAOMING1, WESTBLUEFLOWERS, XIAOJIAN XIE, XINHUI SUPPLY, XIXIAOXIAO, XUEXUEZHIZI, YEQIAN, YESCON, YIWUSHIMIAOJINDIANZISHANGWUYOU XIANGONGSI, ZEAGOO2008, ZFQLP16, ZHANGQIANQ, ZHIYUANSTORE. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (jca)
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Sealed Legal Document 8 Filed: 12/18/2018, Entered: 12/18/2018 Civil Cover Sheet
CIVIL COVER SHEET filed. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (jca)
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Sealed Legal Document 7 Filed: 12/18/2018, Entered: 12/18/2018 Complaint
COMPLAINT against 2012shiningroom2012, BETTERLOVER, BONICIACHIC, BRINGDREAM, BUYBEAUTYPRODUCTS, BUYMOREMORE, CHERISH_, CHINESE SHENZHEN GAODE TRADING COMPANY, Charles' House, DABINTXUE, DEF, DINGXU'S STORE, ETEMENANKI, GLUBTECK, GUOJIAJIA, HITTIME, HONGJINGDA STORE, HUAYI PHOTO LTD, HUNHUNSTORE, INTELLIGENT_LIFE, JIANGLIN STORE, JOHNNY SHOP, JOYFUL FISH, KOLLIA, LABOUTIQUEDESTOONS, LENGSHANBO, LINGFEICUIKAIG, LOVER SPACE WALL STICKER, LUCKY JOHN FENG'S STORE, LUCY WANG, MORALTOP, NEW LUCKY, OEY DEDIANPO, PAZC009, PPINGSMILE, QAMAWCUQING, QINGFENTE, RENGUOFEI, REWEVIRGINHAIR, SHENZHEN YAHOO BUYING CO.,LTD., SILINYUAN, SKY-EYE, THE BEAUTY CLUB, WANGHAIBING, WEDDING DECORATION CHINA, WEICHSTERSPORTS, WEIXIAOMING1, WESTBLUEFLOWERS, XIAOJIAN XIE, XINHUI SUPPLY, XIXIAOXIAO, XUEXUEZHIZI, YEQIAN, YESCON, YIWUSHIMIAOJINDIANZISHANGWUYOU XIANGONGSI, ZEAGOO2008, ZFQLP16, ZHANGQIANQ, ZHIYUANSTORE. Document filed by Mattel, Inc. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3)(jca)
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Sealed Legal Document 6 Filed: 12/18/2018, Entered: 12/18/2018 Order on Motion to Seal Case +Court Filing
ORDER TEMPORARILY SEALING FILE granting 5 Motion to Seal Case. It is also hereby ORDERED that, notwithstanding this Order to Temporarily Seal File, the Clerk of the Court shall have authority to provide Plaintiff with certified copies of any orders entered in this matter while under seal, and as further set forth in this Order. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.*** (Signed by Part One Judge William H. Pauley III on 12/13/2018) (jca)
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Sealed Legal Document 5 Filed: 12/18/2018, Entered: 12/18/2018 Seal Case
APPLICATION TO TEMPORARILY FILE UNDER SEAL. Document filed by Mattel, Inc. ***This document was filed under seal in envelope #2, and unsealed by docket entry #3.***(jca)
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Legal Document (Payment Possibly Required) 4 Filed: 12/18/2018, Entered: 12/18/2018 Order to Show CauseCourt Filing
1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY: Based on the foregoing preliminary findings of fact and conclusions of law, Plaintiff's Application is hereby GRANTED as follows (the "Order"): IT IS HEREBY ORDERED, as sufficient cause has been shown, that Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the hearing and determination of Plaintiff's Application for a preliminary injunction as referenced in Paragraph (11)(A) below: I) 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 Barbie Marks and/or marks that are confusingly similar to, identical to and constitute a counterfeiting or infringement of the Barbie Marks and/or incorporating the Barbie Works and/or artwork that is substantially similar to, identical to and constitute an infringement of the Barbie Works. Within five (5) days after receipt of service of this Order, including intermediate Saturdays and Sundays, providing services to Defendants, Defendants' User Accounts and Defendants' Merchant Storefronts, including, without limitation, continued operation of Defendants' User Accounts and Merchant Storefronts; and as further set forth in this order. Defendants shall show cause as to why a preliminary injunction, pursuant to FRCP 65(a), should not issue. Show Cause Hearing set for 12/20/2018 at 02:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. Show Cause Response due by 12/19/2018.IT IS FURTHER ORDERED pursuant to FRCP 64 and 65 and CPLR 6201 and this Court's inherent equitable power to issue provisional remedies ancillary to its authority to provide final equitable relief, as sufficient cause has been shown, that within five (5) days of receipt of service of this Order, including intermediate Saturdays and Sundays, the Financial Institutions shall locate and attach Defendants' Financial Accounts and shall provide written confirmation of such attachment to Plaintiff's counsel. IT IS FURTHER ORDERED, pursuant FRCP 4(f)(3), as sufficient cause has been shown, that service shall be made on Defendants within five days of the Order, inclusive of Saturdays and Sundays, as further set forth in this order. IT IS FURTHER ORDERED, as sufficient cause has been shown, that within five (5) days of receipt of service of this Order, including intermediate Saturdays and Sundays, the Financial Institutions shall identify any and all of Defendants' Financial Accounts, as further set forth in this order. IT IS FURTHER ORDERED, as sufficient cause has been shown, that within five (5) days of receipt of service of this Order, including intermediate Saturdays and Sundays, ContextLogic shall identify any and all of Defendants' User Accounts and Merchant Storefronts, as further set forth in this order. IT IS FURTHER ORDERED that, within five days, including intermediate Saturdays and Sundays, Plaintiff shall place security in the amount of $5,000 Dollars (five thousand dollars). IT IS FURTHER ORDERED that Plaintiff's Complaint and exhibits attached thereto, and Plaintiff's ex parte Application and the Declarations of Jessica Arnaiz, Lisa Delanty and Brieanne Scully in support thereof and exhibits attached thereto and this Order shall remain sealed for five days from the date of this Order, including intermediate Saturdays and Sundays. (Signed by Judge P. Kevin Castel on 12/13/2018) (jwh)
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Legal Document (Payment Possibly Required) 3 Filed: 12/18/2018, Entered: 12/18/2018 OrderCourt Filing
ORDER P.KEVIN CASTEL, District Judge: ORDERED that cases 18cv11644(PKC),18cv11647(PKC),and 18cv11648(PKC) shall be unsealed. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/18/18) (rz)
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Sealed Legal Document 2 Filed: 12/17/2018, Entered: None Unknown Document Type
SEALED DOCUMENT placed in vault.(mhe) (Entered: 12/17/2018)
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Legal Document (Payment Possibly Required) 1 Filed: 12/13/2018, Entered: None Unknown Document TypeCourt Filing
ORDER, Case sealed. (Signed by Judge William H. Pauley, III on 12/13/18) (rz) (Entered: 12/13/2018)
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Legal Document (Payment Possibly Required)  Filed: 12/20/2018, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge P. Kevin Castel: Show Cause Hearing held on 12/20/2018. Preliminary Injunction GRANTED. (Court Reporter Karen Gorlaski) (Nacanther, Florence)
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Legal Document (Payment Possibly Required)  Filed: 12/19/2018, Entered: None Notice to Court Regarding Proposed Order
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Legal Document (Payment Possibly Required)  Filed: 12/19/2018, Entered: None Notice to Court Regarding Voluntary Dismissal
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Legal Document (Payment Possibly Required)  Filed: 12/19/2018, Entered: None Unknown Document Type
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 18 Proposed Order was reviewed and approved as to form. (km)
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Legal Document (Payment Possibly Required)  Filed: 12/19/2018, Entered: None Unknown Document Type
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 19 Notice of Voluntary Dismissal was reviewed and referred to Judge P. Kevin Castel 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. (km)
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Legal Document (Payment Possibly Required)  Filed: 12/17/2018, Entered: None Sealed document
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Legal Document (Payment Possibly Required)  Filed: 12/13/2018, Entered: None Sealed document
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