墨婷跨境
MOT CROSS-BORDER
微信号: Mooting2018
墨婷跨境
MOT CROSS-BORDER
| 编号 | 日期 | 案件进程 |
|---|---|---|
| 1 | 2026-02-12 | COMPLAINT against SCHEDULE A DEFENDANTS (Filing fee, including Administrative fee, $405, receipt number APAWDC-9361869), filed by KTM AG. |
| 1 | 2026-02-12 | Civil Cover Sheet |
| 1 | 2026-02-12 | Exhibit 1 |
| 2 | 2026-02-12 | MOTION for Leave to File Documents Under Seal by KTM AG. |
| 2 | 2026-02-12 | Proposed Order |
| 3 | 2026-02-12 | MOTION for Temporary Restraining Order, MOTION to Expedite Discovery by KTM AG. |
| 3 | 2026-02-12 | Proposed Order |
| 4 | 2026-02-12 | MOTION for Temporary Restraining Order, MOTION to Expedite Discovery by KTM AG. |
| 4 | 2026-02-12 | Proposed Order |
| 5 | 2026-02-12 | MOTION for Temporary Restraining Order, MOTION to Expedite Discovery by KTM AG. |
| 5 | 2026-02-12 | Proposed Order |
| 6 | 2026-02-12 | BRIEF in Support re [5] Motion for TRO, Motion to Expedite filed by KTM AG. |
| 6 | 2026-02-12 | Declaration of Jay Harvey Paragoso |
| 6 | 2026-02-12 | Declaration of Keaton Smith |
| 7 | 2026-02-12 | MOTION for Alternative Service by KTM AG. |
| 7 | 2026-02-12 | Proposed Order |
| 8 | 2026-02-12 | BRIEF in Support re [7] Motion for Alternative Service filed by KTM AG. |
| 9 | 2026-02-12 | MOTION for Leave to File Excess Pages by KTM AG. |
| 9 | 2026-02-12 | Proposed Order |
| 10 | 2026-02-12 | Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by KTM AG. |
| 11 | 2026-02-12 | NOTICE of Appearance by Keaton David Smith on behalf of KTM AG. |
| 12 | 2026-02-12 | NOTICE of Appearance by Ryan E. Carreon on behalf of KTM AG. |
| 13 | 2026-02-12 | NOTICE of Appearance by Shengmao Mu on behalf of KTM AG. |
| 14 | 2026-02-13 | NOTICE of Appearance by Abby Marie Neu on behalf of KTM AG. |
| — | 2026-02-13 | CLERK'S NOTICE OF CORRECTION re 5 MOTION for Temporary Restraining Order MOTION to Expedite Discovery MOTION for Order to Show Cause. ERROR: Multiple relief motion filed requesting only a relief. CORRECTION FOR FUTURE FILINGS: Filer to select all relief types sought when filing the Motion event. Clerk added Motion for Temporary Asset Restraint, Motion to Show Cause. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. |
| — | 2026-02-13 | CLERK'S NOTICE OF CORRECTION re [5] MOTION for Temporary Restraining Order MOTION to Expedite Discovery MOTION for Order to Show Cause. ERROR: Multiple relief motion filed requesting only a relief. CORRECTION FOR FUTURE FILINGS: Filer to select all relief types sought when filing the Motion event. Clerk added Motion for Temporary Asset Restraint, Motion to Show Cause. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. |
| — | 2026-02-12 | Judge Christy Criswell Wiegand added. |
| 15 | 2026-02-17 | NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff shall make service of the notice on all parties. |
| 16 | 2026-02-17 | ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 2/17/2026. |
| 17 | 2026-02-17 | NOTICE REGARDING TELEPHONIC PROCEEDINGS: The parties are directed to use the following information to access any telephone conference scheduled in this case. Conference Phone Number: 1 412-547-0144. Phone Conference ID: 359 195 882# |
| 18 | 2026-02-18 | ORDER DENYING 2 MOTION for Leave to File Documents Under Seal filed by KTM AG. According to the United States Court of Appeals for the Third Circuit, "the common law presumes that the public has a right of access to judicial materials." In re Avandia, 924 F.3d 662, 672 (3d Cir. 2019). To overcome this presumptive right of access to judicial materials, "[t]he party seeking to overcome the presumption of access bears the burden of showing 'that the interest in secrecy outweighs the presumption.'" Id. (quoting Bank of Am. Nat'l Trust & Sav. Ass'n v. Hotel Rittenhouse Assocs., 800 F.2d 339, 344 (3d Cir. 1986)). That is, "[t]he movant must show 'that the material is the kind of information that courts will protect and that disclosure will work a clearly defined and serious injury to the party seeking closure.'" Id. (quoting Miller v. Ind. Hosp., 16 F.3d 549, 551 (3d Cir. 1994)). And, "[b]road allegations of harm, bereft of specific examples or articulated reasoning, are insufficient" to meet this burden. Id. at 673 (quoting In re Cendant Corp., 260 F.3d 183, 194 (3d Cir. 2001)). Additionally, the Western District of Pennsylvania's Civil Filing Guide for opening Schedule "A" cases advises parties to move for leave to file documents under seal, as opposed to moving to seal the case in its entirety. See Instructions for Filers - Schedule A Cases (available at: https://www.pawd.uscourts.gov/sites/pawd/files/Attorney_Civil_Filing_Guide_October_2025.pdf). Here, KTM AG requests the Court grant leave "to file under seal the documents associated with [this] action" including "any Orders entered by the Court granting Plaintiff's motions." ECF No. 2 at 2. The Court finds that the 2 Motion is overly broad as it seeks to place the case in its entirety, including the Court's Orders, under seal. Accordingly, KTM AG's 3 Motion is DENIED without prejudice, and KTM AG may refile its request in compliance with the procedures of the Western District of Pennsylvania. Signed by Judge Christy Criswell Wiegand on 2/18/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 19 | 2026-02-18 | ORDER GRANTING 9 MOTION for Leave to File Excess Pages filed by KTM AG. Signed by Judge Christy Criswell Wiegand on 2/18/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 20 | 2026-02-18 | ORDER DENYING WITHOUT PREJUDICE 7 Motion for Alternative Service. In the 7 Motion, Plaintiff KTM AG requests leave to serve Defendants via email and website publication pursuant to Rule 4(f)(3) of the Federal Rules of Civil Procedure. The Court declines to authorize service by such alternative means at this time. First, where it applies, the Hague Service Convention "is exclusive, and provides the relevant catalogue of possible means of transmission for service abroad." SEC v. Lahr, No. 22-2497, 2024 WL 3518309, at *34 (3d Cir. July 24, 2024). Here, the 1 Complaint alleges that the Defendants reside in China or other foreign jurisdictions. Thus, the Hague Convention presumptively governs service. See Vanderhoef v. China Auto Logistics Inc., No. 218CV10174CCCSCM, 2019 WL 6337908, at *3 (D.N.J. Nov. 26, 2019) (explaining that the United States and China are both signatories to the Hague Convention). China has objected to Article 10 of the Hague Convention, so service by email on Chinese defendants is not authorized under the Convention. See D Squared Plant Traps LLC v. Guangdong Bixing Trading Co., LTD., 716 F. Supp. 3d 352, 356 n.2 (W.D. Pa. 2024) (Conti, J.) ("[C]ourts have refused to authorize service via email when the receiving country has objected to [Article 10 of the Hague Convention]."). And the Court cannot authorize service under Rule 4(f)(3) by means that would violate the Hague Convention. See id. at 357 (quoting Rio Properties, Inc. v. Rio Int'l Interlink, 284 F.3d 1007, 1015 n.4 (9th Cir. 2002)) ("A federal court [is] prohibited from issuing a Rule 4(f)(3) order in contravention of an international agreement, including the Hague Convention."). Finally, Plaintiff has not established that an exception applies such that the Hague Convention is not applicable in this case. See, e.g., Lahr, 2024 WL 3518309, at *34 (explaining that the Convention does not apply where the address of the party to be served is unknown, and that courts employ a reasonable diligence test that examines whether a plaintiff engaged in reasonably diligent efforts to discover a defendant's address). Accordingly, IT IS HEREBY ORDERED that the 7 Motion is DENIED WITHOUT PREJUDICE to Plaintiff's ability to file a renewed motion for alternative service as appropriate. Signed by Judge Christy Criswell Wiegand on 2/18/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 21 | 2026-02-18 | PATENT/TRADEMARK DOCUMENTS ISSUED. |
| 22 | 2026-02-18 | PATENT/TRADEMARK DOCUMENTS ISSUED. |
| 22 | 2026-02-18 | Complaint |
| 22 | 2026-02-18 | (Docket Sheet) (cel) |
| 23 | 2026-02-23 | Second MOTION to Seal Case by KTM AG. |
| 23 | 2026-02-23 | (Proposed Order) |
| 24 | 2026-02-23 | Second MOTION for Alternative Service by KTM AG. |
| 24 | 2026-02-23 | Declaration of Keaton Smith |
| 24 | 2026-02-23 | (Exhibit 1) |
| 25 | 2026-02-24 | ORDER GRANTING IN PART 23 Second Motion to Seal Case filed by Plaintiff KTM AG. In the 23 Motion, KTM AG seeks the Court's leave to file certain documents under seal to prevent Defendants from transferring funds associated with named aliases to other accounts. The Court finds good cause to permit KTM AG to file the following documents under seal: (1) Plaintiff's Unredacted Complaint; (2) Schedule A to the Complaint; (3) Exhibit 1 to Plaintiff's Complaint, which contains the registrations for the KTM Trademarks; and (4) Exhibit 2 to Plaintiff's Complaint, which contains screenshot printouts of the Defendants' online storefronts and infringing sales. However, the Court finds no basis to seal the Court's order regarding KTM AG's motion for temporary restraining order, as identifying information regarding the Defendants need not be included in that order. Accordingly, IT IS HEREBY ORDERED that the 23 Motion is GRANTED to the extent it seeks to file the four documents identified above under seal. IT IS FURTHER ORDERED that the 23 Motion is DENIED to the extent it requests the Court file its orders under seal. Signed by Judge Christy Criswell Wiegand on 2/24/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 26 | 2026-02-24 | ORDER GRANTING 24 Second Motion for Alternative Service filed by Plaintiff KTM AG. IT IS HEREBY ORDERED that the 24 Motion is GRANTED as set forth in the Order. Signed by Judge Christy Criswell Wiegand on 2/24/2026. |
| 27 | 2026-02-24 | REDACTION to 1 COMPLAINT Schedule A by KTM AG. |
| 28 | 2026-02-24 | REDACTION to 1 COMPLAINT Exhibit 2 by KTM AG. |
| 29 | 2026-02-24 | SEALED DOCUMENT by KTM AG. |
| 30 | 2026-02-24 | SEALED EXHIBIT in support of Complaint Schedule A by KTM AG pursuant to. |
| 31 | 2026-02-24 | SEALED EXHIBIT in support of Complaint Exhibit 2 by KTM AG pursuant to. |
| 32 | 2026-03-03 | ORDER GRANTING 5 MOTION for Temporary Restraining Order; MOTION for Order Restraining Assets and Merchant Storefronts; MOTION for Order to Show Cause Why a Preliminary Injunction Should Not Issue; and MOTION to Expedite Discovery. Defendants are hereby ORDERED to show cause as to why a preliminary injunction should not be issued IN PERSON in Courtroom 9B on 3/17/2026 at 1:00 PM before Judge Christy Criswell Wiegand. Defendants' Opposition papers must be filed on or before 3/11/2026. Signed by Judge Christy Criswell Wiegand on 3/3/2026. |
| 33 | 2026-03-04 | Surety BOND in the amount of $9000 Receipt Number S-998010, posted by KTM AG NGM Insurance Company as Surety. |
| 34 | 2026-03-04 | PRAECIPE to Issue Summons by KTM AG |
| 34 | 2026-03-04 | Summons |
| 35 | 2026-03-05 | Summons Issued as to SCHEDULE A DEFENDANTS |
| 36 | 2026-03-11 | MOTION to Extend Time to Temporary Restraining Order by KTM AG. |
| 36 | 2026-03-11 | Proposed Order |
| 36 | 2026-03-11 | (Declaration of Keaton Smith) |
| 37 | 2026-03-11 | BRIEF in Support re 36 Motion to Extend Time filed by KTM AG. |
| 38 | 2026-03-12 | ORDER GRANTING 36 MOTION to Extend Time to Temporary Restraining Order filed by KTM AG. It is HEREBY ORDERED that the Show Cause Hearing re Preliminary Injunction currently set for 3/17/2026 is RESCHEDULED to 3/31/2026 at 10:00 a.m., IN PERSON in Courtroom 9B before Judge Christy Criswell Wiegand. It is FURTHER ORDERED that Defendants' Opposition papers, if any, shall be filed on or before 3/25/2026. Plaintiff shall file any Reply papers on or before 3/27/2026. Signed by Judge Christy Criswell Wiegand on 3/12/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| — | 2026-03-12 | Order |
| — | 2026-03-12 | ~Util - Terminate Motions |
| — | 2026-03-12 | 1 - Terminate Deadlines and Hearings |
| — | 2026-03-12 | ~Util - Set Deadlines/Hearings |
| 39 | 2026-03-31 | Proposed Order Preliminary Injunction Order by KTM AG. |
| 39 | 2026-03-31 | Supplement re Funds Restrained |
| 40 | 2026-04-01 | Minute Entry for Order to Show Cause Hearing held on 3/31/2026 before Judge Christy Criswell Wiegand. (Court Reporter: Sharon Siatkowski) |
| 41 | 2026-04-01 | PRELIMINARY INJUNCTION Order: IT IS HEREBY ORDERED that the Court GRANTS Plaintiff KTM AG's request for a Preliminary Injunction. IT IS FURTHER ORDERED that the restraint on Defendants' assets previously granted on 3/3/2026, and extended by further Order on 3/12/2026, shall remain in place through the pendency of this litigation as more fully set forth in the attached Order. IT IS FURTHER ORDERED that the $9,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this PI Order is terminated. Signed by Judge Christy Criswell Wiegand on 4/1/2026. |
| 42 | 2026-04-01 | ORDER indicating that Plaintiff is directed to file the Unredacted Complaint and add all defendants to the Docket in accordance with the Schedule A instructions for filers available on the Court's website. Signed by Judge Christy Criswell Wiegand on 4/1/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| — | 2026-04-01 | Order to File Unredacted Complaint (for Schedule A Cases) |
| 43 | 2026-04-01 | UNREDACTED COMPLAINT against chinmayyoga, merchprintz, Anqing Yichen Sports Goods Co., Ltd., Guangbo Handcrafts Co., Ltd., Yiwu Mingjiang Crafts Ltd., Yiwu Piliu Jewelry Company Limited, fljlmh, Linycf, shiwenwenwen, filed by KTM AG. |
| — | 2026-04-01 | CLERK'S REQUEST FOR CORRECTIVE ACTION re 43 Unredacted Complaint. ERROR: The Schedule A was not attached to the Unredacted Complaint. CORRECTION: Filer is directed to file the Unredacted Complaint with the Schedule A as an attachment using the Errata event. |
| 44 | 2026-04-01 | Errata re 43 Unredacted Complaint, by KTM AG. Reason for Correction: Missing Schedule A. |
| 44 | 2026-04-01 | (Schedule A) |
| 45 | 2026-05-29 | ORDER. The Court granted Plaintiff's Motion for Alternative Service. But no proof of service has been filed as to any defendant on the docket. Accordingly, on or before 6/8/26, Counsel shall file proof of service on the docket or a status report regarding service efforts. Signed by Judge Christy Criswell Wiegand on 5/29/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 46 | 2026-06-08 | SUMMONS/Return of Service Returned Executed by KTM AG. Anqing Yichen Sports Goods Co., Ltd. served on 3/23/2026, answer due 4/13/2026; Guangbo Handcrafts Co., Ltd. served on 3/23/2026, answer due 4/13/2026; Linycf served on 3/23/2026, answer due 4/13/2026; SCHEDULE A DEFENDANTS served on 3/23/2026, answer due 4/13/2026; Yiwu Mingjiang Crafts Ltd. served on 3/23/2026, answer due 4/13/2026; Yiwu Piliu Jewelry Company Limited served on 3/23/2026, answer due 4/13/2026; chinmayyoga served on 3/23/2026, answer due 4/13/2026; fljlmh served on 3/23/2026, answer due 4/13/2026; merchprintz served on 3/23/2026, answer due 4/13/2026; shiwenwenwen served on 3/23/2026, answer due 4/13/2026. |
| 46 | 2026-06-08 | of Keaton Smith |
| 46 | 2026-06-08 | (Schedule A) |
| 47 | 2026-07-20 | MOTION for Default against Anqing Yichen Sports Goods Co., Ltd., Guangbo Handcrafts Co., Ltd., Linycf, SCHEDULE A DEFENDANTS, Yiwu Mingjiang Crafts Ltd., Yiwu Piliu Jewelry Company Limited, chinmayyoga, fljlmh, merchprintz, shiwenwenwen by KTM AG. |
| 47 | 2026-07-20 | Proposed Order |
| 47 | 2026-07-20 | Declaration of Keaton Smith |
| 47 | 2026-07-20 | (Schedule A) |
| 48 | 2026-07-22 | ORDER DENYING 47 MOTION for Entry of Default filed by KTM AG and DIRECTING CLERK TO CONSIDER request for entry of default. In the 47 Motion, Plaintiff KTM AG seeks an entry of default against all Defendants. Pursuant to Fed. R. Civ. P. 55(a), [w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default. Here, the document should have been docketed as a Request to the Clerk to enter default, as opposed to a Motion directed to the Court. Accordingly, IT IS HEREBY ORDERED that the Motion is DENIED without PREJUDICE. IT IS FURTHER ORDERED that the Clerk of Court shall construe this as a Request for Entry of Default and take action accordingly. Signed by Judge Christy Criswell Wiegand on 7/22/2026. Text-only entry; No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| — | 2026-07-22 | Order on Motion for Entry of Default |
| 49 | 2026-07-22 | CLERK'S ENTRY OF DEFAULT as to Anqing Yichen Sports Goods Co., Ltd., Guangbo Handcrafts Co., Ltd., Linycf, Yiwu Mingjiang Crafts Ltd., Yiwu Piliu Jewelry Company Limited, chinmayyoga, fljlmh, merchprintz, shiwenwenwen |
| 49 | 2026-07-22 | (Schedule A) (jd) |
| 50 | 2026-07-24 | MOTION for Default Judgment against Anqing Yichen Sports Goods Co., Ltd., Guangbo Handcrafts Co., Ltd., Linycf, SCHEDULE A DEFENDANTS, Yiwu Mingjiang Crafts Ltd., Yiwu Piliu Jewelry Company Limited, chinmayyoga, fljlmh, merchprintz, shiwenwenwen by KTM AG. |
| 50 | 2026-07-24 | Proposed Order |
| 50 | 2026-07-24 | (Schedule A) |
| 51 | 2026-07-24 | BRIEF in Support re 50 Motion for Default Judgment, filed by KTM AG. |
| — | 2026-07-27 | CLERK'S NOTICE OF CORRECTION re [50] MOTION for Default Judgment against Anqing Yichen Sports Goods Co., Ltd., Guangbo Handcrafts Co., Ltd., Linycf, Yiwu Mingjiang Crafts Ltd., Yiwu Piliu Jewelry Company Limited, chinmayyoga, fljlmh, merchprintz, shiwenwenwen, MOTION for Permanent Injunction. ERROR: Multiple relief motion filed requesting only a relief. CORRECTION FOR FUTURE FILINGS: Filer to select all relief types sought when filing the Motion event. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. |
| — | 2026-07-27 | CLERK'S NOTICE OF CORRECTION re 50 MOTION for Default Judgment against Anqing Yichen Sports Goods Co., Ltd., Guangbo Handcrafts Co., Ltd., Linycf, Yiwu Mingjiang Crafts Ltd., Yiwu Piliu Jewelry Company Limited, chinmayyoga, fljlmh, merchprintz, shiwenwenwen, MOTION for Permanent Injunction. ERROR: Multiple relief motion filed requesting only a relief. CORRECTION FOR FUTURE FILINGS: Filer to select all relief types sought when filing the Motion event. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. |
| — | 2026-07-27 | CLERK'S NOTICE OF CORRECTION re [50] MOTION for Default Judgment against Anqing Yichen Sports Goods Co., Ltd., Guangbo Handcrafts Co., Ltd., Linycf, Yiwu Mingjiang Crafts Ltd., Yiwu Piliu Jewelry Company Limited, chinmayyoga, fljlmh, merchprintz, shiwenwenwen, MOTION for Permanent Injunction. ERROR: Multiple relief motion filed requesting only a relief. CORRECTION FOR FUTURE FILINGS: Filer to select all relief types sought when filing the Motion event. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. |