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. **Filed under seal in envelope #2, and unsealed on 12/18/2018. (Attachments: # 1 Supplement) (anc) (Entered: 12/21/2018)
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). **Filed under seal in envelope #2, and unsealed on 12/18/2018. (Attachments: # 1 Supplement) (anc) Modified on 12/21/2018 (anc). (Entered: 12/21/2018)
STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-11644. Document filed by Mattel, Inc. **Filed under seal in envelope #2, and unsealed on 12/18/2018.(anc) (Entered: 12/21/2018)
DECLARATION OF BRIEANNE SCULLY AND ACCOMPANYING EXHIBIT IN SUPPORT OF 1) EX PARTE APPLICATION FOR 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) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY. Document filed by Mattel, Inc. **Filed under seal in envelope #2, and unsealed on 12/18/2018. (anc) Modified on 12/26/2018 (anc). (Entered: 12/21/2018)
DECLARATION OF LISA DELANTY AND ACCOMPANYING EXHIBITS 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 INJUNCTION SHOULD NOT ISSUE; 4) AN ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY. Document filed by Mattel, Inc. **Filed under seal in envelope #2, and unsealed on 12/18/2018. (anc) (Entered: 12/21/2018)
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 INJUNCTION SHOULD NOT ISSUE; 4) AN ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY. Document filed by Mattel, Inc. **Filed under seal in envelope #2, and unsealed on 12/18/2018. (anc) Modified on 12/26/2018 (anc). (Entered: 12/21/2018)
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. **File under seal in envelope #2, and unsealed on 12/18/2018. (anc) (Entered: 12/21/2018)
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 filed by Mattel, Inc. **Filed under seal in envelope #2, and unsealed on 12/18/2018. (anc) (Additional attachment(s) added on 12/21/2018: # 1 Supplement Schedule A) (anc). (Entered: 12/21/2018)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mattel, Inc. **Filed under seal in envelope #2, and unsealed on 12/18/2018.(anc) (Entered: 12/21/2018)
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Filed: 12/18/2018, Entered: None
Unknown Document Type
APPLICATION TO TEMPORARILY FILE UNDER SEAL. Document filed by Mattel, Inc. **Filed under seal in envelope #2, and unsealed on 12/18/2018.(anc) Modified on 12/21/2018 (anc). (Entered: 12/21/2018)
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)
PRELIMINARY INJUNCTION ORDER: WHEREAS, on December 20, 2018 at 2:00 p.m., Plaintiff appeared at the OSC Hearing, however, no Defendants, except Shenzhen Meiya Co., Ltd., appeard: I. 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: i. manufacturing, impo1ting, 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) (Entered: 12/21/2018)
ORDER TEMPORARILY SEALING FILE: 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, Plaintiff's Complaint and exhibits attached thereto and Plaintiff's ex parte application for: I) 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 by electronic means; and 5) an order authorizing expedited discovery ("Application") and the supporting declarations of Jessica Amaiz, Lisa Delanty and Brieanne Scully and exhibits attached thereto under seal for a period of one (1) week, or until further order by the Judge to whom this case is randomly assigned. 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. (Signed by Judge William H. Pauley, III on 12/13/2018) **Filed under seal in envelope #2, and unsealed on 12/18/2018.(anc) (Entered: 12/20/2018)
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 findings of fact and conclusions of law, Plaintiffs 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 Plaintiffs Application for a preliminary injunction as referenced in Paragraph (Il)(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, 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. (Signed by Judge P. Kevin Castel on 12/13/2018) (jwh)
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)
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)
Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (jc)
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