Case number 1:21-cv-06650
Mattel, Inc. v. www.happy-toys.shop, et al. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Mar 24, 2022 | N/A | Cashiers Registry Disbursement (0) Docket Text: CASHIERS OFFICE REGISTRY DISBURSEMENT as per [35] Default Judgment, dated 03/17/2022, from Judge Vernon S. Broderick, on 03/23/2022 disbursed to pay EPSTEIN DRANGEL LLP $5,000.00 No. 02938704.(bwi) |
| Mar 10, 2022 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Vernon S. Broderick: Telephone Conference held on 3/10/2022. (Court Reporter Khris Sellin) (ldi) |
| Jan 20, 2022 | 32 | Proposed Default Judgment (12) Docket Text: PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Mattel, Inc...(Brownlee, Kerry) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Jan 20, 2022 | 31 | Memorandum of Law in Support of Motion (30) Docket Text: MEMORANDUM OF LAW in Support re: [29] MOTION for Default Judgment as to Defendants. . Document filed by Mattel, Inc...(Brownlee, Kerry) |
| Jan 20, 2022 | 30 | Exhibit E (Part 3 of 3) (6) |
| Jan 20, 2022 | 30 | Exhibit E (Part 2 of 3) (18) |
| Jan 20, 2022 | 30 | Exhibit E (Part 1 of 3) (23) |
| Jan 20, 2022 | 30 | Exhibit D (3) |
| Jan 20, 2022 | 30 | Exhibit C (4) |
| Jan 20, 2022 | 30 | Exhibit B (16) |
| Jan 20, 2022 | 30 | Exhibit A (40) |
| Jan 20, 2022 | 30 | Main Document (9) Docket Text: AFFIDAVIT of Kerry B. Brownlee in Support re: [29] MOTION for Default Judgment as to Defendants.. Document filed by Mattel, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E (Part 1 of 3), # (6) Exhibit E (Part 2 of 3), # (7) Exhibit E (Part 3 of 3)).(Brownlee, Kerry) |
| Jan 20, 2022 | 29 | Motion for Default Judgment (2) Docket Text: MOTION for Default Judgment as to Defendants. Document filed by Mattel, Inc...(Brownlee, Kerry) |
| Jan 20, 2022 | N/A | Notice to Court Regarding Proposed Order (0) Docket Text:***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. [32] Proposed Default Judgment was reviewed and approved as to form. (km) |
| Dec 21, 2021 | 28 | Memo Endorsement (2) Docket Text: MEMO ENDORSEMENT on re: [21] Letter filed by Mattel, Inc.. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ( Motions due by 1/21/2022.) (Signed by Judge Vernon S. Broderick on 12/21/2021) (kv) |
| Dec 21, 2021 | 27 | Clerk's Certificate of Default (2) Docket Text: CLERK'S CERTIFICATE OF DEFAULT as to Defendants www.mattelbrands.top, www.matteltoys.shop, www.matteltoysmall.shop, www.mattelonline.shop, www.mattel-outlet.shop, www.mattel-toys.top, www.funmattel.shop,www.happymattel.shop, www.outlet.funmattel.top and www.mattel-outlet.store, issued December 21, 2021.(dt) |
| Dec 21, 2021 | 26 | Exhibit 2 (4) |
| Dec 21, 2021 | 26 | Exhibit 1 (8) |
| Dec 21, 2021 | 26 | Main Document (4) Docket Text: DECLARATION of Danielle S. Futterman in Support re: [25] Proposed Clerk's Certificate of Default. Document filed by Mattel, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2).(Futterman, Danielle) |
| Dec 21, 2021 | 25 | Proposed Clerk's Certificate of Default (2) Docket Text: PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Mattel, Inc...(Futterman, Danielle) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 12/21/2021 (dt). |
| Dec 20, 2021 | 24 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Danielle S. Futterman on behalf of Mattel, Inc...(Futterman, Danielle) |
| Dec 20, 2021 | 23 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Ashly Erin Sands on behalf of Mattel, Inc...(Sands, Ashly) |
| Dec 20, 2021 | 22 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Jason M. Drangel on behalf of Mattel, Inc...(Drangel, Jason) |
| Dec 20, 2021 | 21 | Letter (2) Docket Text: LETTER addressed to Judge Vernon S. Broderick from Kerry B. Brownlee dated December 20, 2021 re: Update Regarding Plaintiff's Intent to Move for Default Judgment. Document filed by Mattel, Inc...(Brownlee, Kerry) |
| Dec 20, 2021 | 20 | Notice of Appearance (1) Docket Text: NOTICE OF APPEARANCE by Kerry Brenae Brownlee on behalf of Mattel, Inc...(Brownlee, Kerry) |
| Dec 6, 2021 | 19 | Order (1) Docket Text: ORDER: By this Court's order dated October 27, 2021, (Doc. 18), Plaintiff had until November 10 to seek default judgment against Defendants. To this date, Plaintiff has not taken any actions; nor has any Defendant appeared. Therefore, it is hereby ORDERED that Plaintiff shall seek default judgement or otherwise explain to this Court whatever action it intends to take next in this action by December 20, 2022. If I do not hear from Plaintiff by that time, the case shall be dismissed under Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/6/2021) (vfr) |
| Oct 27, 2021 | 18 | Order (1) Docket Text: ORDER re: [5] Preliminary Injunction. Plaintiff Mattel, Inc. commenced this action against seven Defendants for trademark infringement on August 6, 2021. On August 26, 2021 this Court granted Plaintiff's application for preliminary injunction after Defendants failed to appear. (Doc. 5.) On October 5, Plaintiff filed certificate of service stating that service was made on Defendants through emails on August 17. To date, Defendant has not appeared or responded to the complaint. Plaintiff has taken no action to prosecute this case, either. Accordingly, if Plaintiff intends to seek a default judgment, he is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than November 10, 2021. If Plaintiff fails to do so or otherwise demonstrate that he intends to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/27/2021) (kv) |
| Oct 5, 2021 | 17 | Certificate of Service Other (3) Docket Text: CERTIFICATE OF SERVICE. Document filed by Mattel, Inc...(Futterman, Danielle) |
| Oct 5, 2021 | 16 | Certificate of Service Other (3) Docket Text: CERTIFICATE OF SERVICE. Document filed by Mattel, Inc...(Futterman, Danielle) |
| Aug 27, 2021 | 9 | Main Document (8) Docket Text: DECLARATION OF JASON M. DRANGEL AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: 1) A TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING DEFENDANTS' WEBSITES AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 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. ***Previously under seal in envelop #(2), and unsealed by docket entry [3]. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C).(va) |
| Aug 27, 2021 | 9 | Exhibit A (39) |
| Aug 27, 2021 | 9 | Exhibit B (13) |
| Aug 27, 2021 | 9 | Exhibit C (7) |
| Aug 27, 2021 | 10 | Main Document (9) Docket Text: DECLARATION OF MICHAEL MOORE AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: 1) A TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING DEFENDANTS' WEBSITES AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 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. ***Previously under seal in envelop #(2), and unsealed by docket entry [3]. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C1, # (4) Exhibit C2, # (5) Exhibit C3, # (6) Exhibit D).(va) |
| Aug 27, 2021 | 10 | Exhibit A (8) |
| Aug 27, 2021 | 10 | Exhibit B (5) |
| Aug 27, 2021 | 10 | Exhibit C1 (21) |
| Aug 27, 2021 | 10 | Exhibit C2 (20) |
| Aug 27, 2021 | 10 | Exhibit C3 (2) |
| Aug 27, 2021 | 10 | Exhibit D (5) |
| Aug 27, 2021 | 11 | Proposed Temporary Restraining Order (20) Docket Text: PROPOSED TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING DEFENDANTS' WEBSITES 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. ***Previously under seal in envelop #(2), and unsealed by docket entry [3]. Document filed by Mattel, Inc. (va) Proposed Order to be reviewed by Clerk's Office staff. |
| Aug 27, 2021 | 12 | AO 120 Form Trademark - Additional Pleading - Submitted (1) Docket Text: AO 120 FORM PATENT - ADDITIONAL PLEADING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following additional patent(s) have been included in a court action filed 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 under seal in envelop #(2), and unsealed by docket entry [3]. (va) |
| Aug 27, 2021 | 8 | Memorandum of Law in Support (30) Docket Text: MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR 1) A TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING DEFENDANTS' WEBSITES AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 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. ***Previously under seal in envelop #(2), and unsealed by docket entry [3]. Document filed by Mattel, Inc. (va) |
| Aug 27, 2021 | 7 | Rule 7.1 Corporate Disclosure Statement (1) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mattel, Inc. ***Previously under seal in envelop #(2), and unsealed by docket entry [3]. (va) |
| Aug 27, 2021 | 4 | Exhibit G (7) |
| Aug 27, 2021 | 4 | Exhibit F (13) |
| Aug 27, 2021 | 4 | Exhibit E (39) |
| Aug 27, 2021 | 4 | Exhibit D (5) |
| Aug 27, 2021 | 4 | Exhibit C4 (1) |
| Aug 27, 2021 | 4 | Exhibit C3 (13) |
| Aug 27, 2021 | 4 | Exhibit C2 (12) |
| Aug 27, 2021 | 4 | Exhibit C1 (17) |
| Aug 27, 2021 | 4 | Exhibit B (5) |
| Aug 27, 2021 | 4 | Exhibit A (8) |
| Aug 27, 2021 | 4 | Main Document (32) Docket Text: COMPLAINT against www.happy-toys.shop, www.mattel-online.shop, www.mattel-outlet.shop, www.mattel-toys.top, www.mattelbrands.top, www.matteltoys.shop, www.matteltoysmall.shop. Document filed by Mattel, Inc. ***Previously under seal in envelop #(2), and unsealed by docket entry [3]. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C1, # (4) Exhibit C2, # (5) Exhibit C3, # (6) Exhibit C4, # (7) Exhibit D, # (8) Exhibit E, # (9) Exhibit F, # (10) Exhibit G).(va) Modified on 8/30/2021 (va). |
| Aug 27, 2021 | 3 | Order (1) Docket Text: ORDER. WHEREAS the Court orders that this action be unsealed, and Records Management upload all documents filed to date on the Electronic Case Filing system. SO ORDERED.(Signed by Judge Vernon S. Broderick on 08/26/2021)(jus) |
| Aug 27, 2021 | N/A | Summons Issued (0) Docket Text: SUMMONS ISSUED as to www.matteltoysmall.shop. ***Previously under seal in envelop #(2), and unsealed by docket entry [3]. (va) |
| Aug 27, 2021 | N/A | Summons Issued (0) Docket Text: SUMMONS ISSUED as to www.mattel-toys.top. ***Previously under seal in envelop #(2), and unsealed by docket entry [3]. (va) |
| Aug 27, 2021 | N/A | Summons Issued (0) Docket Text: SUMMONS ISSUED as to www.matteltoys.shop. ***Previously under seal in envelop #(2), and unsealed by docket entry [3]. (va) |
| Aug 27, 2021 | N/A | Summons Issued (0) Docket Text: SUMMONS ISSUED as to www.mattel-outlet.shop. ***Previously under seal in envelop #(2), and unsealed by docket entry [3]. (va) |
| Aug 27, 2021 | N/A | Summons Issued (0) Docket Text: SUMMONS ISSUED as to www.mattel-online.shop. ***Previously under seal in envelop #(2), and unsealed by docket entry [3]. (va) |
| Aug 27, 2021 | N/A | Summons Issued (0) Docket Text: SUMMONS ISSUED as to www.mattelbrands.top. ***Previously under seal in envelop #(2), and unsealed by docket entry [3]. (va) |
| Aug 27, 2021 | N/A | Summons Issued (0) Docket Text: SUMMONS ISSUED as to www.happy-toys.shop. ***Previously under seal in envelop #(2), and unsealed by docket entry [3]. (va) |
| Aug 26, 2021 | 5 | Preliminary Injunction (14) Docket Text: PRELIMINARY INJUNCTION ORDER: The injunctive relief previously granted in the TRO shall remain in place through the pendency of this litigation, and issuing this Order is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the Lanham Act. 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 herein. As sufficient cause has been shown, the asset restraint granted in the TRO shall remain in place through the pendency of this litigation, including that: a) within five (5) days of receipt of service of this Order, any newly discovered Financial Institutions shall locate and attach Defendants' Financial Accounts, provide written confirmation of such attachment to Plaintiff's counsel and provide Plaintiff's counsel with a summary report containing account details for any and all such accounts, which shall include, at a minimum, identifying information for Defendants and Defendants' Websites, including contact information for Defendants (including mailing addresses and e-mail addresses), account numbers and account balances for any and all of Defendants' Financial Accounts. As sufficient cause has been shown, such alternative service by electronic means ordered in the TRO and herein shall be deemed effective as to Defendants, Third Party Service Providers and Financial Institutions through the pendency of this action. 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. The $5,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. This Order shall remain in effect during the pendency of this action, or until further order of the Court. Any Defendant that is subject to this Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by the Court. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/26/2021) (kv) Transmission to Finance Unit (Cashiers) for processing. |
| Aug 11, 2021 | 13 | Order to Show Cause (15) Docket Text: ` TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING DEFENDANTS' WEBSITES 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: 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 for fourteen (14) days from the date of this Order, and for such further period as may be provided by order of this Court: 1) manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in Suspected Counterfeit Products; 2) directly or indirectly infringing in any manner Plaintiff's Mattel Marks; 3) using any reproduction, counterfeit, copy or colorable imitation of Plaintiff's Mattel Marks to identify any goods or services not authorized by Plaintiff; as further set forth herein. Defendants are hereby ORDERED to show cause at a telephonic hearing before this Court on August 25, 2021 at 4:00 p.m., why a preliminary injunction, pursuant to Fed. R. Civ. P. 65(a), should not issue. The dial-in number for the conference will be 888-363-4749 and the access code 2682448. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed electronically with the Court and served on Plaintiff's counsel by delivering copies thereof to the office of Epstein Drangel LLP at 60 East 42nd Street, Suite 2520, New York, NY 10165, Attn: Jason M. Drangel on or before August 18, 2021. Plaintiff shall file any reply papers on or before August 23, 2021. IT IS FURTHER ORDERED that Plaintiff shall place security in the amount of five thousand Dollars ($5,000.00) with the Court, which amount is determined adequate for the payment of any damages any person may be entitled to recover as a result of an improper or wrongful restraint ordered hereunder. IT IS FURTHER ORDERED that Plaintiff's Complaint and exhibits attached thereto, and Plaintiff's ex parte Application and the Declarations of Michael Moore and Jason M. Drangel in support thereof and exhibits attached thereto and this Order shall remain sealed until the Financial Institutions and Third Party Service Providers comply with Paragraphs T(B)-(C), III(A) and V(B)-(C) of this Order. (as further set forth herein). SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/11/2021) (kv) Transmission to Finance Unit (Cashiers) for processing. Modified on 9/28/2021 (kv). |
| Aug 9, 2021 | 15 | Order (1) Docket Text: ORDER: I am in receipt of Plaintiff's ex parte application for a Temporary Restraining Order, memorandum of law in support of Plaintiff's application, proposed Temporary Restraining Order, Declaration of Jason Drangel, Declaration of Michael Moore, and accompanying exhibits. A telephonic hearing regarding Plaintiff's application is hereby scheduled for August 10, 2021 at 10:00 a.m. The dial-in number for the conference is 888-363-4749 and access code 2682448. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/9/2021) (kv) |
| Aug 9, 2021 | 14 | Order (3) Docket Text: ORDER: I am in receipt of Plaintiff's ex parte application for a Temporary Restraining Order, memorandum of law in support of Plaintiff's application, proposed Temporary Restraining Order, Declaration of Jason Drangel, Declaration of Michael Moore, and accompanying exhibits. IT IS HEREBY ORDERED that Plaintiff should be prepared to discuss the following questions during the telephonic hearing before me scheduled for August 10, 2021: as further set forth herein. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/9/2021) (kv) |
| Aug 6, 2021 | N/A | Sealed Document (0) Docket Text: SEALED DOCUMENT placed in vault.(nmo) |
| Aug 6, 2021 | N/A | Case Designation (0) Docket Text: Magistrate Judge Gabriel W. Gorenstein 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (nmo) |
| Aug 4, 2021 | N/A | Civil Cover Sheet (0) Docket Text: CIVIL COVER SHEET filed. ***Previously filed under seal in envelop #(2), and unsealed by docket entry [3]. (va) |
| Aug 4, 2021 | N/A | Order (0) Docket Text: ***Sealed*** ORDER, Case sealed. (Signed by Judge Valerie E. Caproni on 08/04/2021) (nmo) |
