最近更新:2026-08-18
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1:24-cv-08341

Foxmind Canada Enterprises Ltd. v. Aiqi Toy Store et al

日期:2024-12-13

法院:S.D.N.Y(纽约)

品牌:MATCH MADNESS 益智玩具积木

律所:EPS

日期 描述
2026-03-11 Order on Motion for Miscellaneous Relief
2026-03-10 Proposed Order
2026-03-10 Memorandum of Law in Support of Motion
2026-03-10 Declaration in Support of Motion
2026-03-10 Miscellaneous Relief
2026-03-06 FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: It is hereby ORDERED, ADJUDGED AND DECREED as follows: Judgment is granted in favor of Plaintiff for the First and Second Causes of Action pleaded against Defaulting Defendants in the Complaint; the Third and Fourth Causes of Action are dismissed against Defaulting Defendants with prejudice; IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that because it would serve both the compensatory and punitive purposes of the Lanham Act's prohibitions on willful infringement, and because Plaintiff has sufficiently set forth the basis for the statutory damages award requested in its Motion for Default Judgment, the Court finds such an award to be reasonable and Plaintiff is awarded Fifty Thousand U.S. Dollars ($50,000.000) in statutory damages against the following ten (10) Defaulting Defendants: Flatroad, Jasilon US Online, JX TOY, PiuPiuPiu Bubbles Store, Rllept, SHUINIU OUTDOOR, Sunskang, Tayculer, TOFENGLY and Yunevian pursuant to 15 U.S.C.
2026-01-12 Certificate of Service Other
2026-01-12 Order
2026-01-09 CERTIFICATE OF SERVICE. Document filed by Foxmind Canada Enterprises Ltd.
2026-01-09 AFFIDAVIT of Gabriela N. Nastasi in Support. Document filed by Foxmind Canada Enterprises Ltd.
2026-01-09 MOTION for Default Judgment as to Defaulting Defendants. Document filed by Foxmind Canada Enterprises Ltd.
2026-01-07 CLERK'S CERTIFICATE OF DEFAULT as to Flatroad, Jasilon US Online, JX TOY,PiuPiuPiu Bubbles Store, Rllept, SHUINIU OUTDOOR, Sunskang, Tayculer, TOFENGLY, and Yunevian.
2026-01-06 DECLARATION of Gabriela N. Nastasi in Support re: [53] Proposed Clerk's Certificate of Default. Document filed by Foxmind Canada Enterprises Ltd.
2026-01-06 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Foxmind Canada Enterprises Ltd. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
2025-12-02 ORDER: Accordingly, it is hereby ORDERED that service shall be deemed effective on the Unsuccessful Hague Defendants via the delivery of PDF copies of the Summons and Complaint to the Unsuccessful Hague Defendants' e-mail addresses as provided by Amazon. IT IS FURTHERED ORDERED that plaintiff shall serve any motion for default judgment and file proof of service by January 9, 2026. (Signed by Judge Denise L. Cote on 12/2/2025)
2025-11-26 Letter
2025-11-26 Certificate of Service Complaints
2025-09-26 MEMO ENDORSEMENT on re: [47] Letter filed by Foxmind Canada Enterprises Ltd. ENDORSEMENT: Status letter is due 12/1/25. (Signed by Judge Denise L. Cote on 9/26/2025)
2025-09-25 LETTER addressed to Judge Denise L. Cote from Gabriela N. Nastasi dated September 25, 2025 re: Status Letter. Document filed by Foxmind Canada Enterprises Ltd.
2025-06-27 MEMO ENDORSEMENT on re: [45] Letter filed by Foxmind Canada Enterprises Ltd. ENDORSEMENT: Status report is due 9/27/25. (Signed by Judge Denise L. Cote on 6/27/2025)
2025-06-27 LETTER addressed to Judge Denise L. Cote from Gabriela N. Nastasi dated June 27, 2025 re: Hague Status Letter. Document filed by Foxmind Canada Enterprises Ltd.
2025-06-20 MEMO ENDORSEMENT granting [43] Motion to Withdraw as Attorney. ENDORSEMENT: Granted. Attorney Grace A. Rawlins terminated. (Signed by Judge Denise L. Cote on 6/20/2025)
2025-06-20 MOTION for Grace to Withdraw as Attorney. Document filed by Foxmind Canada Enterprises Ltd.
2025-03-24 ORDER: It is hereby ORDERED that, pursuant to the December 18, 2024 Order, plaintiff shall submit a status letter on June 27, 2025 on its progress serving the remaining defendants in accordance with the Hague Convention. (Signed by Judge Denise L. Cote on 3/21/2025)
2025-03-21 LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from Gabriela N. Nastasi dated March 21, 2025. Document filed by Foxmind Canada Enterprises Ltd.
2025-03-13 NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff FoxMind Canada Enterprises Ltd. ("FoxMind" or "Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendant Dancbor, DaZhong, IFPPSAE, and SULLKES in the above-captioned action, without prejudice, and with each party to bear its own attorneys' fees, costs and expenses. It is so ORDERED. IFPPSAE, SULLKES, DaZhong and Dancbor terminated. (Signed by Judge Denise L. Cote on 3/13/2025)
2025-03-12 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) DaZhong, Dancbor, IFPPSAE, SULLKES. Document filed by Foxmind Canada Enterprises Ltd. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
2025-03-12 ORDER denying [37] Letter Motion for Extension of Time to File. Denied. (Signed by Judge Denise L. Cote on 3/12/2025)
2025-03-12 SECOND LETTER MOTION for Extension of Time to File Default Judgment addressed to Judge Denise L. Cote from Gabriela N. Nastasi dated March 12, 2025. Document filed by Foxmind Canada Enterprises Ltd.
2025-01-15 NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff FoxMind Canada Enterprises Ltd. ("FoxMind" or "Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendant Aiqi Toy Store in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. It is so ORDERED. Aiqi Toy Store terminated. (Signed by Judge Denise L. Cote on 1/15/2025)
2025-01-14 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, with prejudice and without costs against the defendant(s) Aiqi Toy Store. Document filed by Foxmind Canada Enterprises Ltd. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
2025-01-14 ORDER re: [33] Proposed Order filed by Foxmind Canada Enterprises Ltd. It is hereby ORDERED, ADJUDGED AND DECREED as follows: Plaintiff's deadline to file its motion for default judgment against the remaining Unknown Address Defendants is March 14, 2025. The default judgment hearing is adjourned from February 7, 2025 at 2:30 p.m. to April 4, 2025 at 2:30 PM in Courtroom 18B at the United States Courthouse, 500 Pearl Street, New York, New York 10007. (Motions due by 3/14/2025., Default Hearing set for 4/4/2025 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 1/14/2025)
2025-01-13 PROPOSED ORDER. Document filed by Foxmind Canada Enterprises Ltd. Related Document Number: [32]. Proposed Order to be reviewed by Clerk's Office staff.
2025-01-13 LETTER MOTION for Extension of Time to File Motion for Default Judgment addressed to Judge Denise L. Cote from Gabriela N. Nastasi dated January 13, 2025. Document filed by Foxmind Canada Enterprises Ltd.
2025-01-07 NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff FoxMind Canada Enterprises Ltd. ("FoxMind" or "Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendant Gesio in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. It is so ORDERED. Gesio terminated. (Signed by Judge Denise L. Cote on 1/7/2025)
2025-01-03 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, with prejudice and without costs against the defendant(s) Gesio. Document filed by Foxmind Canada Enterprises Ltd. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
2024-12-20 NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff FoxMind Canada Enterprises Ltd. ("FoxMind" or "Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendants powerasus and Sufeilx in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. It is so Ordered. Sufeilx and powerasus terminated. (Signed by Judge Denise L. Cote on 12/20/2024)
2024-12-20 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, with prejudice and without costs against the defendant(s) Sufeilx, powerasus. Document filed by Foxmind Canada Enterprises Ltd. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
2024-12-19 CERTIFICATE OF SERVICE. Document filed by Foxmind Canada Enterprises Ltd.
2024-12-18 ORDER: Accordingly, and for the reasons explained on the record at the December 18 hearing, it is hereby ORDERED that, if any of the Unknown Address Defendants timely files an answer, an initial pretrial conference will be held on January 17, 2025 at 2:00 p.m. in Courtroom 18B at the United States Courthouse, 500 Pearl Street, New York, New York, 10007. IT IS FURTHER ORDERED that, if any of the Unknown Address Defendants is in default, plaintiff's counsel shall file a Motion for Default Judgment no later than January 17, 2025. Counsel shall follow this Court's procedures governing default judgments. IT IS FURTHER ORDERED that any default judgment hearing, if necessary, will be held on February 7, 2025 at 2:30 p.m. in Courtroom 18B. IT IS FURTHER ORDERED that plaintiff's counsel shall submit a status letter on June 27, 2025 updating the Court on its progress in serving the remaining defendants in accordance with the Hague Convention. (Motions due by 1/17/2025., Default Hearing set for 2
2024-12-18 PRELIMINARY INJUNCTION ORDER: ORDER 1. The injunctive relief previously granted in the TRO shall remain in place through the pendency of this action, and issuing this 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: As further set forth by this Order. 6. Defendants are hereby given notice that they may be deemed to have actual notice of the terms of this Order and any act by them or anyone of them in violation of this Order may be considered and prosecuted as in contempt of this Court. 7. The $10,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. 8. This Order shall remain in effect during the pendency of this action, or until further order of the Co
2024-12-18 NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff FoxMind Canada Enterprises Ltd. ("FoxMind" or "Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendant easygoingl86, JWISLAND, and SHIYAN Shop in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. It is so ORDERED. easygoing186, JWISLAND and SHIYAN Shop terminated. (Signed by Judge Denise L. Cote on 12/18/2024)
2024-12-18 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, with prejudice and without costs against the defendant(s) JWISLAND, SHIYAN Shop, easygoing186. Document filed by Foxmind Canada Enterprises Ltd. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
2024-12-18 NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff FoxMind Canada Enterprises Ltd. ("FoxMind" or "Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendant ruipin in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. So ordered. ruipin terminated. (Signed by Judge Denise L. Cote on 12/18/2024)
2024-12-17 ENDORSED LETTER addressed to Judge Denise L. Cote from Gabriela N. Nastasi dated 12/12/2024 re: Plaintiff respectfully requests that the Court allow Plaintiff's counsel to appear at the Show Cause Hearing by telephone in lieu of appearing in person. ENDORSEMENT: Denied. (Signed by Judge Denise L. Cote on 12/12/2024)
2024-12-17 1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 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, Plaintiff's Application is hereby GRANTED as follows: 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 in the United States for fourteen (14) days from the date on which they are served with this Order, which is anticipated to be made on the Defendants by December 3, 2024, and for such further period as may be provided by order of the Court: AS FURTHER SET FORTH HEREIN. A. Defendants are hereby ORDERED to show cause before this Court in Courtroom 18B of the United States District Court for the Southern District o
2024-12-17 PROPOSED ORDER. Document filed by Foxmind Canada Enterprises Ltd. Proposed Order to be reviewed by Clerk's Office staff.
2024-12-17 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, with prejudice and without costs against the defendant(s) ruipin. Document filed by Foxmind Canada Enterprises Ltd. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
2024-12-17 CERTIFICATE OF SERVICE. Aiqi Toy Store served on 12/2/2024, answer due 12/23/2024; DaZhong served on 12/2/2024, answer due 12/23/2024; Dancbor served on 12/2/2024, answer due 12/23/2024; Flatroad served on 12/2/2024, answer due 12/23/2024; Gesio served on 12/2/2024, answer due 12/23/2024; IFPPSAE served on 12/2/2024, answer due 12/23/2024; JWISLAND served on 12/2/2024, answer due 12/23/2024; JX TOY served on 12/2/2024, answer due 12/23/2024; Jasilon US Online served on 12/2/2024, answer due 12/23/2024; PiuPiuPiu Bubbles Store served on 12/2/2024, answer due 12/23/2024; Rllept served on 12/2/2024, answer due 12/23/2024; SHIYAN Shop served on 12/2/2024, answer due 12/23/2024; SHUINIU OUTDOOR served on 12/2/2024, answer due 12/23/2024; SULLKES served on 12/2/2024, answer due 12/23/2024; Sufeilx served on 12/2/2024, answer due 12/23/2024; Sunskang served on 12/2/2024, answer due 12/23/2024; TOFENGLY served on 12/2/2024, answer due 12/23/2024; Tayculer served on 12/2/2024, answer due 12/23/
2024-12-13 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 previously filed under seal in envelope 2 and unsealed by docket entry 5 ***.
2024-12-13 SUMMONS ISSUED: ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5 ***.
2024-12-13 COMPLAINT:
2024-12-13 CIVIL COVER SHEET filed. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5 ***.
2024-12-13 ORDER: On November 1, 2024, plaintiff filed this lawsuit under seal and applied for an ex parte Temporary Restraining Order ("TRO"). A TRO was entered on November 15. The TRO required service by electronic means to be made on defendants within five days of certain financial institutions and third party service providers' compliance with the TRO, which was anticipated to be on December The plaintiff submitted a letter on December 12 confirming that it served each defendant by electronic means on December A hearing on the TRO is scheduled to occur on December 18 at 2:30 p.m. in Courtroom 18B. It is hereby ORDERED that the Clerk of Court is directed to unseal the case. So Ordered. (Status Conference set for 12/18/2024 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 12/13/2024)
2024-12-13 DECLARATION OF DAVID CAPON AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: TEMPORARY RESTRAINING ORDER; AN ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND ORDER AUTHORIZING EXPEDITED DISCOVERY:
2024-12-13 DECLARATION OF GABRIELA N. NASTASI AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: TEMPORARY RESTRAINING ORDER; AN ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND ORDER AUTHORIZING EXPEDITED DISCOVERY
2024-12-13 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER; ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND ORDER AUTHORIZING EXPEDITED DISCOVERY: ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5 ***.
2024-12-13 PROPOSED TEMPORARY RESTRAINING ORDER; ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND ORDER AUTHORIZING EXPEDITED DISCOVERY: ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5 *** Document filed by Foxmind Canada Enterprises Ltd.(js) Proposed Order to be reviewed by Clerk's Office staff.
2024-12-13 PROPOSED REVISED TEMPORARY RESTRAINING ORDER; ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND ORDER AUTHORIZING EXPEDITED DISCOVERY: ***This document was previously filed under seal in envelope 4 and unsealed by docket entry 5 *** Document filed by Foxmind Canada Enterprises Ltd.(js) Proposed Order to be reviewed by Clerk's Office staff.
2024-12-13 MEMORANDUM AND OPINION AND ORDER: Epstein Drangel LLP, counsel for plaintiff ("Counsel"), has applied for an ex parte temporary restraining order ("TRO") in this sealed action to enforce its client's trademark and common law rights. The order seeks to restrain 22 online merchant storefronts ("Defendants") and their assets held at financial institutions. They also seek permission to serve the Defendants, who ship products originating in China, through alternative means, specifically email. The application is granted in part. All provisions as further set forth in this Order. Applying this standard, Counsel has shown that an address is not known for eight of the 22 Defendants. Counsel has shown that three Defendants display addresses that are false and that its efforts to locate accurate addresses for the defendant have failed. Five of the Defendants have displayed addresses that appear to be accurate, but through the exercise of reasonable diligence, Counsel has not been able to obtain
2024-12-13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Foxmind Canada Enterprises Ltd. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5 ***.

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