Case number 1:20-cv-11069
MATTEL, INC. v. THE ENTITIES DOING BUSINESS ON AMAZON.COM UNDER THE BRAND NAME BARBIEGO, et al. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| May 3, 2021 | N/A | Cashiers Registry Disbursement (0) Docket Text: CASHIERS OFFICE REGISTRY DISBURSEMENT as per [39] Memorandum & Opinion,,,,,,,,,, Add and Terminate Parties,,,,,,,,, dated 3/5/2021, from Judge Alison J. Nathan, on 3/15/2021 disbursed to pay Dunnegan & Scileppi LLC, as attorneys for Mattel $5,000.00 Check No. 22366413 dated 3/15/2021.(cla) |
| Mar 8, 2021 | 40 | Notice of Right to Appeal (10) |
| Mar 8, 2021 | 40 | Main Document (2) Docket Text: DEFAULT JUDGMENT in favor of Mattel, Inc. against Guangzhou Zhehong Network Technology co., Ltd. in the amount of $ 18,971.58. It is hereby ORDERED, ADJUDGED, AND DECREED, that pursuant to the Court's Memorandum Opinion and Order dated March 5, 2021, Plaintiff's motion for default judgment is GRANTED. It is ORDERED that Defendant Guangzhou Zhehong, its agents, servants, employees and attorneys, and those persons in active concert with any of them who receive actual knowledge of this order by personal service or otherwise, be, and hereby are, enjoined from infringing the BARBIE mark of Mattel, that was registered on the Principal Register of the U.S. Patent & Trademark Office as U.S. Trademark Registration No. 3,287,023, for "full line of dolls, doll clothing and doll accessories," in violation of 15 U.S.C. §§ 1114 or 1125. It is FURTHER ORDERED that judgment is entered against Defendant GuangzhouZhehong in the amount of $18,971.58 in Plaintiff's actual damages pursuant to 15 U.S.C. §1117(b). It is FURTHER ORDERED that garnishee Amazon.com, Inc. be, and hereby is, orderedto transfer, within three business days of service of this order upon it, to Dunnegan & ScileppiLLC as attorneys for Mattel all funds of Defendant Guangzhou Zhehong in the amount that it isholding, and that if Dunnegan & Scileppi LLC receives more from Amazon.com, Inc. than theamount of the judgment, Dunnegan & Scileppi LLC shall within three business days of thereceipt of any excess amount, return any excess to Amazon.com, Inc. This resolves Dkt. No. 31. The March 4, 2021 request for an extension of the temporary restraining order (Dkt. No. 38) is administratively denied. Plaintiff's claims against the remaining defendants are voluntarily dismissed. Dkt. No. 34; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/8/2021) (Attachments: # (1) Notice of Right to Appeal) (dt) |
| Mar 5, 2021 | 39 | Memorandum & Opinion (9) Docket Text: MEMORANDUM OPINION AND ORDER. For the reasons above, Plaintiff's motion for default judgment is GRANTED. It is ORDERED that Defendant Guangzhou Zhehong, its agents, servants, employees and attorneys, and those persons in active concert with any of them who receive actual knowledge of this order by personal service or otherwise, be, and hereby are, enjoined from infringing the BARBIE mark of Mattel, that was registered on the Principal Register of the U.S. Patent & Trademark Office as U.S. Trademark Registration No. 3,287,023, for "full line of dolls, doll clothing and doll accessories," in violation of 15 U.S.C. §§ 1114 or 1125. It is FURTHER ORDERED that judgment shall be entered against Defendant Guangzhou Zhehong in the amount of $18,971.58 in Plaintiffs actual damages pursuant to 15 U.S.C. § 1117(b). It is FURTHER ORDERED that garnishee Amazon.com, Inc. be, and hereby is, ordered to transfer, within three business days of service of this order upon it, to Dunnegan & Scileppi LLC as attorneys for Mattel all funds of Defendant Guangzhou Zhehong in the amount that it is holding, and that if Dunnegan & Scileppi LLC receives more from Amazon.com, Inc. than the amount of the judgment, Dunnegan & Scileppi LLC shall within three business days of the receipt of any excess amount, return any excess to Amazon.com, Inc. This resolves Dkt. No. 31. The March 4, 2021 request for an extension of the temporary restraining order (Dkt. No. 38) is administratively denied. Plaintiff's claims against the remaining defendants are voluntarily dismissed. Dkt. No. 34. The Clerk of Court is respectfully directed to return to Dunnegan & Scileppi LLC, as attorneys for Mattel, the $5,000 posted pursuant to the order entered December 30, 2020 (Dkt. 18), issue judgment, and close the case. So ordered. re: [31] MOTION for Default Judgment as to defendant Guangzhou Zhehong Network Technology Co., Ltd. filed by Mattel, Inc. (John Doe Nos. 1-5, NightStars (entity doing business on amazon.com under store name Nightstars), ABC Entity Nos. 1-5 and Barbiego (entity doing business on amazon.com under brand name Barbiego) terminated.) (Signed by Judge Alison J. Nathan on 3/5/2021) (rjm) Transmission to Finance Unit (Cashiers) for processing. Transmission to Orders and Judgments Clerk for processing. |
| Mar 4, 2021 | 38 | Letter (1) Docket Text: LETTER addressed to Judge Alison J. Nathan from Laura Scileppi dated March 4, 2021 re: extension of the temporary restraining order. Document filed by Mattel, Inc...(Scileppi, Laura) |
| Feb 26, 2021 | 37 | Memo Endorsement (1) Docket Text: MEMO ENDORSEMENT on re: [36] Letter filed by Mattel, Inc. ENDORSEMENT: Pursuant to Fed. R. Civ. P. 65(b)(2), the Court determines there is good cause to extend the temporary restraining order to March 5, 2021 so that the Court may consider Plaintiff's motion for default judgment. (Signed by Judge Alison J. Nathan on 2/26/2021) (cf) |
| Feb 25, 2021 | 36 | Letter (1) Docket Text: LETTER addressed to Judge Alison J. Nathan from Laura Scileppi dated February 25, 2021 re: extension of the temporary restraining order. Document filed by Mattel, Inc...(Scileppi, Laura) |
| Feb 23, 2021 | N/A | Notice to Court Regarding Proposed Order (0) Docket Text:***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. [34] Proposed Default Judgment was reviewed and approved as to form. (km) |
| Feb 22, 2021 | 35 | Affidavit of Service Other (1) Docket Text: AFFIDAVIT OF SERVICE of Notice Of Motion For A Default Judgment And Permanent Injunction, Memorandum Of Plaintiff In Support Of Its Motion, Declaration Of Laura Scileppi In Support Of Plaintiffs Motion with Exhibits, Proposed Default Judgment And Permanent Injunction served on Guangzhou Zhehong Network Technology Co., Ltd. on February 22, 2021. Service was made by FedEx and E-mail. Document filed by Mattel, Inc...(Scileppi, Laura) |
| Feb 22, 2021 | 34 | Proposed Default Judgment (2) Docket Text: PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Mattel, Inc...(Scileppi, Laura) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Feb 22, 2021 | 33 | Exhibit K (2) |
| Feb 22, 2021 | 33 | Exhibit J (26) |
| Feb 22, 2021 | 33 | Main Document (2) Docket Text: DECLARATION of Laura Scileppi in Support re: [31] MOTION for Default Judgment as to defendant Guangzhou Zhehong Network Technology Co., Ltd... Document filed by Mattel, Inc.. (Attachments: # (1) Exhibit J, # (2) Exhibit K).(Scileppi, Laura) |
| Feb 22, 2021 | 32 | Memorandum of Law in Support of Motion (18) Docket Text: MEMORANDUM OF LAW in Support re: [31] MOTION for Default Judgment as to defendant Guangzhou Zhehong Network Technology Co., Ltd.. . Document filed by Mattel, Inc...(Scileppi, Laura) |
| Feb 22, 2021 | 31 | Motion for Default Judgment (2) Docket Text: MOTION for Default Judgment as to defendant Guangzhou Zhehong Network Technology Co., Ltd.. Document filed by Mattel, Inc...(Scileppi, Laura) |
| Feb 22, 2021 | 30 | Clerk's Certificate of Default (2) Docket Text: CLERK'S CERTIFICATE OF DEFAULT as to Guangzhou Zhehong Network Technology Co., Ltd.(km) |
| Feb 22, 2021 | 29 | Exhibit D (3) |
| Feb 22, 2021 | 29 | Exhibit C (3) |
| Feb 22, 2021 | 29 | Exhibit B (5) |
| Feb 22, 2021 | 29 | Exhibit A (29) |
| Feb 22, 2021 | 29 | Main Document (3) Docket Text: DECLARATION of Laura Scileppi in Support re: [28] Proposed Clerk's Certificate of Default. Document filed by Mattel, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D).(Scileppi, Laura) |
| Feb 22, 2021 | 28 | Proposed Clerk's Certificate of Default (2) Docket Text: PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Mattel, Inc...(Scileppi, Laura) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/22/2021 (km). |
| Feb 22, 2021 | N/A | Notice to Attorney to Re-File Document - Event Type Error (0) Docket Text:***NOTICE TO ATTORNEY regarding DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Laura Scileppi regarding Document [26] MOTION for Entry of Default as to Guangzhou Zhehong Network Technology Co., Ltd. .. The proposed clerk's certificate was not filed. Use the event type proposed orders, proposed clerk's certificate of default. (km) |
| Feb 18, 2021 | N/A | Notice Regarding Deleted Document (0) Docket Text:***DELETED DOCUMENT. Deleted document number [30] AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. The document was incorrectly filed in this case. (nb) |
| Feb 17, 2021 | 27 | Exhibit D (3) |
| Feb 17, 2021 | 27 | Exhibit C (3) |
| Feb 17, 2021 | 27 | Exhibit B (5) |
| Feb 17, 2021 | 27 | Exhibit A (29) |
| Feb 17, 2021 | 27 | Main Document (3) Docket Text: DECLARATION of Laura Scileppi in Support re: [26] MOTION for Entry of Default as to Guangzhou Zhehong Network Technology Co., Ltd. .. Document filed by Mattel, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D).(Scileppi, Laura) |
| Feb 17, 2021 | 26 | Motion for Entry of Default (2) Docket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Entry of Default as to Guangzhou Zhehong Network Technology Co., Ltd. . Document filed by Mattel, Inc...(Scileppi, Laura) Modified on 2/22/2021 (km). Modified on 2/22/2021 (km). |
| Feb 11, 2021 | 23 | Exhibit B (3) |
| Feb 11, 2021 | 23 | Exhibit C (8) |
| Feb 11, 2021 | 24 | Main Document (3) Docket Text: DECLARATION of Emily H. Jaquez in Support re: [18] Order to Show Cause,,,,,,,,,,. Document filed by Mattel, Inc.. (Attachments: # (1) Exhibit D, # (2) Exhibit E, # (3) Exhibit F, # (4) Exhibit G, # (5) Exhibit H, # (6) Exhibit I).(Dunnegan, William) |
| Feb 11, 2021 | 24 | Exhibit D (10) |
| Feb 11, 2021 | 24 | Exhibit E (9) |
| Feb 11, 2021 | 24 | Exhibit F (4) |
| Feb 11, 2021 | 24 | Exhibit G (12) |
| Feb 11, 2021 | 24 | Exhibit H (2) |
| Feb 11, 2021 | 24 | Exhibit I (4) |
| Feb 11, 2021 | 25 | Declaration in Support (4) Docket Text: DECLARATION of William Dunnegan in Support re: [18] Order to Show Cause,,,,,,,,,,. Document filed by Mattel, Inc...(Dunnegan, William) |
| Feb 11, 2021 | 23 | Exhibit A (2) |
| Feb 11, 2021 | 23 | Main Document (3) Docket Text: DECLARATION of Michael Moore in Support re: [18] Order to Show Cause,,,,,,,,,,. Document filed by Mattel, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C).(Dunnegan, William) |
| Feb 11, 2021 | 22 | Memorandum of Law in Support (17) Docket Text: MEMORANDUM OF LAW in Support re: [18] Order to Show Cause,,,,,,,,,, . Document filed by Mattel, Inc...(Dunnegan, William) |
| Feb 1, 2021 | 21 | Memo Endorsement (1) Docket Text: MEMO ENDORSEMENT on re: [20] Letter filed by Mattel, Inc. ENDORSEMENT: The Court determines that there is good cause to extend the temporary restraining order in this case an additional 5 weeks, until February 26, 2021, so Plaintiffs may pursue default judgment. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/29/2021) (ks) Modified on 3/1/2021 (ks). |
| Jan 28, 2021 | 20 | Letter (1) Docket Text: LETTER addressed to Judge Alison J. Nathan from William Dunnegan dated January 28, 2021 re: Mattel v. BarbieGo 20-CV-11069. Document filed by Mattel, Inc...(Dunnegan, William) |
| Jan 26, 2021 | 19 | Order (1) Docket Text: ORDER. The Court has received the Proposed Judgment submitted by Plaintiff and purportedly signed by Defendants. The Court will not enter the Proposed Judgment until defense counsel has appeared in the case and indicated consent to this settlement effort. Defense counsel has until February 1, 2021 to appear, otherwise Plaintiff is directed to pursue default judgment at that time if it intends to do so. Because settlement is being negotiated, the Court concludes that there is good cause to extend the temporary restraining order, see Dkt. No. 18, for 14 days, until February 8, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/25/2021) (rjm) |
| Jan 25, 2021 | 17 | Acknowledgment of Service Complaints (2) Docket Text: ACKNOWLEDGMENT OF SERVICE. Guangzhou Zhehong Network Technology co., Ltd. served on 1/25/2021, answer due 2/16/2021. Service was accepted by Song Shaojian, Officer. Document filed by Mattel, Inc...(Scileppi, Laura) |
| Jan 22, 2021 | N/A | Show Cause Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Alison J. Nathan: Show Cause Hearing held on 1/22/2021. SEE ORDER. (Court Reporter Pamela Utter) (kwi) |
| Jan 22, 2021 | N/A | Notice to Court Regarding Proposed Order (0) Docket Text:***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. [16] Proposed Judgment was reviewed and approved as to form. (dt) |
| Jan 21, 2021 | 16 | Proposed Judgment (3) Docket Text: PROPOSED JUDGMENT. Document filed by Mattel, Inc...(Dunnegan, William) Proposed Judgment to be reviewed by Clerk's Office staff. |
| Jan 19, 2021 | 15 | Order (2) Docket Text: ORDER: The Show Cause hearing scheduled for January 22, 2021 at 12 P.M. is hereby rescheduled to 9:00 A.M. The conference will proceed remotely by teleconference. The parties may access the conference by dialing (888) 363-4749 and entering access code 9196964. The Court will unseal this case unless Plaintiff files a letter with the Court demonstrating cause for why the case should remain under seal at this time. The Plaintiff has until January 20, 2021 to file the letter. Plaintiffs are to serve this Order on Defendants within 24 hours and file an affidavit of service with the Clerk of Court within 24 hours of serving that order. Plaintiffs have not filed the affidavit of service that was ordered in the Court's December 30, 2020 Show Cause Order. If Plaintiff has not served Defendants the Show Cause Order and accompanying papers, Plaintiff must notify the Court via letter immediately. If Plaintiff has served Defendants, Plaintiff is to file an affidavit of service within 24 hours. Plaintiffs are also to email the affidavits to the Court at NathanNYSDChambers@nysd.uscourts.gov., (Telephone Conference set for 1/22/2021 at 09:00 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 1/19/2021) (nb) |
| Jan 19, 2021 | 14 | AO 121 Form Copyright - Case Opening - Submitted (1) Docket Text: 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. ***Previously filed under seal in envelope #2, and unsealed by docket entry 4***.(nb) |
| Jan 19, 2021 | 13 | AO 120 Form Trademark - Case Opening - Submitted (1) Docket Text: 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). ***Previously filed under seal in envelope #2, and unsealed by docket entry 4***.(nb) |
| Jan 19, 2021 | 12 | Rule 7.1 Corporate Disclosure Statement (1) Docket Text: RULE 7.1 STATEMENT. No Corporate Parent. Document filed by Mattel, Inc.. ***Previously filed under seal in envelope #2, and unsealed by docket entry 4***.(nb) Modified on 1/20/2021 (nb). |
| Jan 19, 2021 | 11 | Exhibit C (8) |
| Jan 19, 2021 | 11 | Exhibit B (3) |
| Jan 19, 2021 | 11 | Exhibit A (2) |
| Jan 19, 2021 | 11 | Main Document (12) Docket Text: COMPLAINT AND JURY DEMAND against Barbiego, Guangzhou Zhehong Network Technology co., Ltd., John Doe Nos. 1-5, NightStars. Document filed by Mattel, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C) ***Previously filed under seal in envelope #2, and unsealed by docket entry 4***(nb) |
| Jan 19, 2021 | 10 | Civil Cover Sheet (3) Docket Text: CIVIL COVER SHEET filed. ***Previously filed under seal in envelope #2, and unsealed by docket entry 4*** (nb) |
| Jan 19, 2021 | 9 | Certificate of Service Other (2) Docket Text: CERTIFICATE OF SERVICE of Court's first sealed order of January 19, 2021 served on Jeffrey Firestone, fun088168@outlook.com on January 19, 2021. Service was made by E-mail. Document filed by ABC..(Dunnegan, William) |
| Jan 19, 2021 | 8 | Certificate of Service Other (2) Docket Text: CERTIFICATE OF SERVICE of Order to Show Cause for an Attachment Order and TRO, Memorandum and Declarations in Support of Order to Show Cause and TRO, Complaint, and Summonses served on fun088168@outlook.com on January 6, 2021. Service was made by E-mail. Document filed by ABC..(Dunnegan, William) |
| Jan 19, 2021 | 7 | Certificate of Service Other (2) Docket Text: CERTIFICATE OF SERVICE of Order to Show Cause for an Attachment Order and TRO, Memorandum and Declarations in Support of Order to Show Cause and TRO, Complaint, and Summonses served on Guangzhou Zhehong Network Technology Co., Ltd. on January 6, 2021. Service was made by Federal Express. Document filed by ABC..(Dunnegan, William) |
| Jan 19, 2021 | 6 | Certificate of Service Other (2) Docket Text: CERTIFICATE OF SERVICE of Order to Show Cause for an Attachment Order and TRO, Memorandum and Declarations in Support of Order to Show Cause and TRO, Complaint, and Summonses served on Amazon.com, Inc. c/o Corporation Service Co. on January 5, 2021. Service was made by Federal Express. Document filed by ABC..(Dunnegan, William) |
| Jan 19, 2021 | 5 | Certificate of Service Other (2) Docket Text: CERTIFICATE OF SERVICE of Order to Show Cause for an Attachment Order and TRO, Memorandum and Declarations in Support of Order to Show Cause and TRO, Complaint, and Summonses served on Amazon.com, Inc., Barbiego, Nightstars, Guangzhou Zhehong Network Technology Co., Ltd. on December 31, 2020. Service was made by Federal Express. Document filed by ABC..(Dunnegan, William) |
| Jan 19, 2021 | 4 | Order (1) Docket Text: ORDER The Court respectfully directs the Clerk to unseal this case.SO ORDERED.(Signed by Judge Alison J. Nathan on 01/19/2021) (nmo) |
| Jan 19, 2021 | N/A | Sealed Document (0) Docket Text: SEALED DOCUMENT placed in vault..(nmo) |
| Jan 19, 2021 | N/A | Summons Issued (0) Docket Text: SUMMONS ISSUED as to Barbiego, Guangzhou Zhehong Network Technology co., Ltd., John Doe Nos. 1-5, NightStars. ABC Entity Nos. 1-5. ***Previously filed under seal in envelope #2, and unsealed by docket entry 4***.(nb) |
| Jan 4, 2021 | N/A | Sealed Document (0) Docket Text: SEALED DOCUMENT placed in vault..(nmo) |
| Dec 30, 2020 | 18 | Order to Show Cause (4) Docket Text: ORDER TO SHOW CAUSE FOR AN ATTACHMENT ORDER AND A TEMPORARY RESTRAINING ORDER. It is hereby, ORDERED that the entities doing business on Amazon.com, Inc. ("Amazon") under the brand name Barbiego ("Barbiego"), under the seller name NightStars ("NightStars"), and/or under the business name Guangzhou Zhehong Network Technology Co., Ltd. ("Guangzhou Zhehong"), (collectively, "Defendants"), SHOW CAUSE before Hon. Alison Nathan, United States District Judge, at 12 p.m. on January 22, 2021, or as soon thereafter as counsel may be heard, why an order should not be entered: Pursuant to Rule 64 of the Federal Rules of Civil Procedure and New York CPLR § 6201, attaching the funds of each Defendant at Amazon; Enjoining each Defendant, its officers, agents, employees, servants and attorneys and all persons in active concert or participation with any of them who receive actual notice of this order, from transferring or withdrawing, or accepting any funds from, any accounts of any Defendant at Amazon, pending a further order of this Court; and Granting such other and further relief as to the Court may seem just and proper, and as further specified and set forth in this Order to Show Cause. It is further ORDERED that, pursuant to Rules 64 and 65 of the Federal Rules of Civil Procedure and New York CPLR §§ 6201 and 6210, pending the hearing on Mattels application for an order of prejudgment attachment, the funds of each Defendant at Amazon be, and hereby are, attached; and it is further ORDERED that each Defendant, its officers, agents, servants, employees, and attorneys, all persons in active concert or participation with any of them who receive actual notice of this order, be, and hereby are, TEMPORARILY RESTRAINED from transferring, withdrawing or accepting any funds from any account of any Defendant at Amazon, pending further order of the Court; and it is further ORDERED that this temporary restraining order shall be effective upon filing and continue in effect provided Mattel posts security in the amount of $5,000 with the Clerk of the Court on or before January 5, 2021, and as further specified and set forth in this Order to Show Cause. Opposition papers shall be served by overnight mail or by hand on counsel of record for plaintiff so that they are received on or before 5:00 p.m. on January 15, 2021. (Signed by Judge Vernon S. Broderick, sitting in Part I on 12/30/2020) (rjm) Transmission to Finance Unit (Cashiers) for processing. Modified on 2/8/2021 (rjm). |
| Dec 30, 2020 | N/A | Order (0) Docket Text: ***Sealed*** ORDER, Case sealed. (Signed by Judge Vernon S. Broderick on 12/30/2020) (nmo) |
