1:23-cv-05102
| 日期 | 描述 |
|---|---|
| 2024-05-24 | MINUTE entry before the Honorable Edmond E. Chang: (1.) Instead of filing a supplement to explain the basis for trademark infringement, R. 37, the Plaintiff has filed a voluntary dismissal of the Defendants. As a formal legal matter, Civil Rule 41(a)(1) authorizes a plaintiff to "dismiss an action without a court order" under the circumstances here, that is, before the opposing party either answers or moves for summary judgment, Fed. R. Civ. P. 41(a)(1)(A)(i). In the absence of a need of a court order, the case is dismissed without prejudice. The default judgment motion 33 is terminated. The Plaintiff is reminded that if the case is refiled, the Civil Case Cover Sheet must state that the case was previously reassigned to this judge. The status hearing of 05/31/2024 is vacated. (2.) Having said that, this case appears to illustrate the evils of mass and improper joinder in these intellectual property Schedule A cases. Initially, the Plaintiff proposed 240 defendants. R. 7. Given this Co |
| 2024-05-24 | NOTICE of Voluntary Dismissal by Epoch Company, Ltd. Plaintiff's Notice of Voluntary Dismissal Without Prejudice of All Remaining Defendants |
| 2024-05-18 | MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion for default judgment 33, which seeks statutory damages for trademark infringment, and on review of the screenshots of the online-seller sites, R. 17, the Plaintiff shall file a supplement to the motion explaining how the Aquabeads trademark is infringed. The word "Aquabeads" seems to appear only one time in R. 17, R. 17 at 1, and not as an example of an infringing good. It is possible the Court is missing something, but the supplement should specifically explain the basis for trademark infringement. The supplement is due on 05/24/2024. The tracking status hearing of 05/24/2024 is reset to 05/31/2024 at 8:30 a.m., but to track the case only (no appearance is required).Emailed notice |
| 2024-05-17 | STATUS Report by Epoch Company, Ltd. |
| 2024-05-17 | DECLARATION of Michael A. Hierl regarding motion for default judgment, 33 |
| 2024-05-17 | MEMORANDUM by Epoch Company, Ltd. in support of motion for default judgment, 33 |
| 2024-05-17 | MOTION by Plaintiff Epoch Company, Ltd. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A |
| 2024-05-17 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Epoch Company, Ltd. |
| 2024-04-22 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 04/22/2024. Emailed notice (mw,) |
| 2024-04-22 | MINUTE entry before the Honorable Edmond E. Chang: In light of the circumstances that justified entry of the TRO, the motion for preliminary injunction 25 is granted. The Clerk's Office shall unseal R. 12, 13, 17, and 20. The tracking status hearing of 04/26/2024 is reset to 05/24/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 05/17/2024. If the Defendants do not respond to the complaint by the 05/10/2024 deadline, R. 27, then they shall be deemed to be in default, and the Plaintiff shall file a motion for default judgment on 05/17/2024. Emailed notice |
| 2024-04-19 | SUMMONS Returned Executed by Epoch Company, Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 4/19/2024, answer due 5/10/2024. |
| 2024-04-19 | STATUS Report by Epoch Company, Ltd. |
| 2024-04-19 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 25 |
| 2024-04-19 | MEMORANDUM by Epoch Company, Ltd. in support of motion for preliminary injunction 25 |
| 2024-04-19 | MOTION by Plaintiff Epoch Company, Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 2024-04-09 | MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the motion to extend TRO 23 is granted through 04/26/2024. The tracking status hearing of 04/12/2024 is reset to 04/26/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report on 04/19/2024 and, if appropriate, a preliminary-injunction motion. Emailed notice |
| 2024-04-08 | MOTION by Plaintiff Epoch Company, Ltd. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
| 2024-04-08 | ATTORNEY Appearance for Plaintiff Epoch Company, Ltd. by John Wilson |
| 2024-04-02 | SURETY BOND in the amount of $ 10,000 posted by Epoch Company, Ltd. (Document not imaged) |
| 2024-03-29 | SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Edmond E. Chang on 03/29/2024. Emailed notice |
| 2024-03-29 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 15 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who like |
| 2024-02-02 | Notice of Claims Involving Trademarks by Epoch Company, Ltd. |
| 2024-02-02 | SEALED DOCUMENT by Plaintiff Epoch Company, Ltd. Exhibit 3 to Fumuro Declaration |
| 2024-02-02 | MEMORANDUM by Epoch Company, Ltd. in support of motion for temporary restraining order, 15 |
| 2024-02-02 | MOTION by Plaintiff Epoch Company, Ltd. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication |
| 2024-02-02 | MOTION by Plaintiff Epoch Company, Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 2024-02-02 | SEALED DOCUMENT by Plaintiff Epoch Company, Ltd. Amended Schedule A |
| 2024-02-02 | AMENDED complaint by Epoch Company, Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 2023-12-28 | 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 quest |
| 2023-08-04 | MAILED trademark report to Patent Trademark Office, Alexandria VA. |
| 2023-08-04 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 2023-08-03 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Epoch Company, Ltd. |
| 2023-08-03 | SEALED DOCUMENT by Plaintiff Epoch Company, Ltd. Sealed Schedule A |
| 2023-08-03 | MOTION by Plaintiff Epoch Company, Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal |
| 2023-08-03 | ATTORNEY Appearance for Plaintiff Epoch Company, Ltd. by Robert Payton Mcmurray |
| 2023-08-03 | ATTORNEY Appearance for Plaintiff Epoch Company, Ltd. by William Benjamin Kalbac |
| 2023-08-03 | ATTORNEY Appearance for Plaintiff Epoch Company, Ltd. by Michael A. Hierl |
| 2023-08-03 | CIVIL Cover Sheet |
| 2023-08-03 | COMPLAINT filed by Epoch Company, Ltd.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20892939. |
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请以案号、法院、立案日期与 docket 记录交叉确认。页面展示的是公开信息汇总，不等同于法院对侵权、TRO 是否签发或资金状态的认定。
