TRO 案件

419Studios Ltd.|26-cv-5674

案件基础信息

完整案号
26-cv-5674
法院
United States District Court for the Southern District of New York
立案日
2026-07-02
原告
419Studios Ltd.
原告律所
BSF
权利类型
商标
案件状态
公开记录持续核验中
最后核验时间
2026-08-13 18:41:16

案件进程

编号日期案件进程
12026-07-02COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint. (Filing Fee $ 405.00, Receipt Number ANYSDC-33086372)Document filed by 419Studios Ltd.
22026-07-02CIVIL COVER SHEET filed.
32026-07-02RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 419Studios Ltd.
42026-07-02AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.
62026-07-02MEMORANDUM OF LAW in Support re: [5] Proposed Order to Show Cause Without Emergency Relief. Document filed by 419Studios Ltd.
72026-07-02DECLARATION of Martin Yi in Support re: [5] Proposed Order to Show Cause Without Emergency Relief. Document filed by 419Studios Ltd.
82026-07-02DECLARATION of Martin Yi in Support re: [5] Proposed Order to Show Cause Without Emergency Relief. Document filed by 419Studios Ltd.
92026-07-02DECLARATION of Yingchun Hou in Support re: [5] Proposed Order to Show Cause Without Emergency Relief. Document filed by 419Studios Ltd.
102026-07-02DECLARATION of Linda Ogbenna in Support re: [5] Proposed Order to Show Cause Without Emergency Relief. Document filed by 419Studios Ltd.
112026-07-02MOTION to Seal Schedule A to the Complaint, Exhibit 2 to the Declaration of Linda Ogbenna, and Exhibit 1 to the Declaration of Yingchun Hou. Document filed by 419Studios Ltd.
122026-07-02MOTION for Leave to File Excess Pages. Document filed by 419Studios Ltd.
2026-07-06CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions.
142026-07-06AO 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).
152026-07-06NOTICE OF APPEARANCE by Christopher Tom on behalf of 419Studios Ltd.
162026-07-06ORDER granting [12] Letter Motion for Leave to File Excess Pages. On this day, the Court considered Plaintiffs Motion to Exceed Page Limitation and it is hereby ORDERED that Plaintiff may submit a memorandum of law in support of its ex parte application for entry of an order to show cause with a temporary restraining order and other relief in excess of the default 8,750 word limit contained in Local Civil Rule 7.1(c). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/6/2026)
172026-07-06***SEALED***DECLARATION of Yingchun Hou in Support re: [5] Proposed Order to Show Cause Without Emergency Relief. Document filed by 419Studios Ltd. (Attachments: # (1) Exhibit 1 - Chart of Contact Information)Motion or Order to File Under Seal: [11].
182026-07-06***SEALED***NOTICE of Filing Schedule A to Complaint re: [1] Complaint. Document filed by 419Studios Ltd. Motion or Order to File Under Seal: [11].
192026-07-06***SEALED***DECLARATION of Linda Ogbenna in Support re: [5] Proposed Order to Show Cause Without Emergency Relief. Document filed by 419Studios Ltd. (Attachments: # (1) Exhibit 2 - Part 1 of 12 - Screenshot Printouts, # (2) Exhibit 2 - Part 2 of 12 - Screenshot Printouts, # (3) Exhibit 2 - Part 3 of 12 - Screenshot Printouts, # (4) Exhibit 2 - Part 4 of 12 - Screenshot Printouts, # (5) Exhibit 2 - Part 5 of 12 - Screenshot Printouts, # (6) Exhibit 2 - Part 6 of 12 - Screenshot Printouts, # (7) Exhibit 2 - Part 7 of 12 - Screenshot Printouts, # (8) Exhibit 2 - Part 8 of 12 - Screenshot Printouts, # (9) Exhibit 2 - Part 9 of 12 - Screenshot Printouts, # (10) Exhibit 2 - Part 10 of 12 - Screenshot Printouts, # (11) Exhibit 2 - Part 11 of 12 - Screenshot Printouts, # (12) Exhibit 2 - Part 12 of 12 - Screenshot Printouts)Motion or Order to File Under Seal: [11].
2026-07-07***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. [5] Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form.
202026-07-07ORDER granting [11] Letter Motion to Seal. For the reasons stated above, Plaintiff's motion for reconsideration is DENIED. The Clerk of Court is respectfully directed to terminate the pending motion at ECF No. 48. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/7/2026)
212026-07-07ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER The Court has considered Plaintiff's ex parte application (the "Application"), including the Declarations of Linda Ogbenna, Yingchun Hou, and Martin Yi, as well as all other papers filed in support of the Application, for the following relief: 1. a temporary restraining order against defendants (as described in Schedule A to the Complaint, which shall also be attached hereto, "Defendants") enjoining Defendants from the manufacture, importation, distribution, offering for sale, and sale of counterfeit products (the "Counterfeit Products") bearing, using, or infringing upon Plaintiff's trademarks covered by U.S. Trademark Registration Nos. 7,318,144; 7,783,252; 7,839,983; and 7,943,119 (the "419STUDIOS Trademarks"); As further set forth in this Order, Based on the foregoing findings of fact and conclusions of law, Plaintiff's Application is hereby GRANTED and it is ORDERED as follows: Temporary Restraints 1. As sufficient cause has been shown, Defendants are temporarily enjoined and restrained from engaging in any of the following conduct, pending the return date of the Application as referenced below: a. Using the 419STUDIOS Trademarks or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any Counterfeit Products; b. Passing off, inducing, or enabling others to sell or pass off any product as a genuine 419STUDIOS Product that is not, in fact, Plaintiff's 419STUDIOS Product and/or not produced under the authorization, control, or supervision of Plaintiff and approved by Plaintiff for sale under the 419STUDIOS Trademarks; c. Committing any acts calculated to cause consumers to believe that Defendants' Counterfeit Products are those sold under the authorization, control, or supervision of Plaintiff, or are sponsored by, approved by, or otherwise connected with Plaintiff; d. Further infringing the 419STUDIOS Trademarks and damaging Plaintiff's goodwill; and e. Shipping, delivering, holding for sale, transferring, or otherwise moving, storing, distributing, returning, or otherwise disposing of, in any manner, products or inventory not manufactured by or for Plaintiff, nor authorized by Plaintiff to be sold or offered for sale, and which bear(s) the 419STUDIOS Trademarks, any reproductions, counterfeit copies, or colorable imitations thereof. Plaintiff shall deposit with the Court Five Thousand Dollars ($5,000.00), either by cash, company check, cashier's check, or surety bond, as security, which amount was determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Schedule A to the Complaint, Exhibit 2 to the Declaration of Linda Ogbenna, and Exhibit 1 to the Declaration of Yingchun Hou shall be sealed and remain sealed until Defendants' Accounts and Defendants' Assets are restrained. 12. Plaintiff shall file unsealed versions of Schedule A to the Complaint, Exhibit 2 to the Declaration of Linda Ogbenna, and Exhibit I to the Declaration of Yingchun Hou using the CM/ECF system prior to the expiration of this Order. Any Defendants that are 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 this Court IT IS FURTHER ORDERED that a hearing shall be held on July 15, 2026 at 4 p.m. which Plaintiff may present its arguments in support of its request for issuance of a preliminary injunction. At such time, any Defendants may also be heard as to opposition to Plaintiffs Application. IT IS FURTHER ORDERED that Plaintiff serves Defendants by July 9, 2026. Defendants may respond with any opposition by July 13, 2026. Plaintiff may file a reply, if any, by July 14, 2026. This Temporary Restraining Order without notice is entered at 3pm on July 7, 2026 and shall remain in effect for fourteen (14) days. (Signed by Judge Andrew L. Carter, Jr on 7/7/2026) (Show Cause Hearing set for 7/15/2026 at 04:00 PM before Judge Andrew L. Carter Jr.), (Replies due by 7/14/2026. Responses due by 7/13/2026) (ar) Transmission to Finance Unit (Cashiers) for processing.
222026-07-08ORDER: Telephone Conference regarding the request for a preliminary injunction in this action set for 7/15/2026 at 04:00 PM before Judge Andrew L. Carter Jr. The Parties should contact the Court at 1-855- 244-8681 (access code: 2305 3700 226#) on the date and time specified above. (Signed by Judge Andrew L. Carter, Jr on 7/8/2026)
232026-07-09LETTER MOTION to Continue Preliminary Injunction Hearing at a Later Date addressed to Judge Andrew L. Carter, Jr. from Martin Yi dated July 9, 2026. Document filed by 419Studios Ltd.
242026-07-14ORDER granting [23] Letter Motion to Continue. SO ORDERED. Responses due by 8/3/2026 Telephone Conference set for 8/5/2026 at 04:00 PM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 7/14/2026)
252026-07-14ORDER: The telephonic hearing regarding a request for a preliminary injunction was previously scheduled for July 15, 2026 at 4pm. The Court hereby adjourns the telephonic conference to August 5, 2026 at 4pm. The Parties should contact the Court at 1-855- 244-8681 (access code: 2305 3700 226#) on the date and time specified above. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/14/2026)
262026-07-27NOTICE of filing Unsealed Schedule A to Complaint re: [1] Complaint. Document filed by 419Studios Ltd.
272026-07-27NOTICE of Filing Unsealed Exhibit 1 to the Declaration of Yingchun Hou re: [9] Declaration in Support. Document filed by 419Studios Ltd.
282026-07-27NOTICE of Unsealed Exhibit 2 to the Declaration of Linda Ogbenna (Part 1 of 12 - Screenshot Printouts) re: [10] Declaration in Support. Document filed by 419Studios Ltd.
292026-07-27REQUEST FOR ISSUANCE OF SUMMONS as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint, re: [1] Complaint. Document filed by 419Studios Ltd.
302026-07-29ELECTRONIC SUMMONS ISSUED as to ASVBVH (1), AllstuffShop (57), BearDown (2), Begine (3), BudgetsHats (58), COCO-17 (59), ColorfulHatforAll (5), DDeee (60), DXSGBFJYF (9), DareSee (7), Embercraft (61), FAHAT (10), FAHATMarketplace (11), HX-A (16), HartBeauty (14), HearthVibeStudio (62), JIANGHE (18), JJBDShop (63), JumpScope (64), LWXiang (19), Liiyo (20), LuluCostume (23), MODCRASH (25), ModaMuteShop (65), NEWHATS (26), NovaLane (27), Prisment (29), ROADHAT (32), ROADHATLocal (33), SHEDEFNGSHOP (39), SSDFVGHJI (41), STATEMENTS (43), Saintage (36), SaintageMarketplace (37), SilverLiningApparel (40), Sogo888 (66), StudSoft (67), The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint, TheAssembly1 (44), TheGreatWall (45), Thegloriouspast (68), TopHatHypeSHOP (69), Toucan (46), TrueMotion (70), UKGHK (56), XIHISYGFDUHSS (47), XinGe (48), Y2KStudios (50), YIAN (52), YONLONFASHION (53), YUVGNshop (71), ZHANGJIAQICVSHOP (54), ZhuoJiu (55), bsghd2 (4), cvfghcdrf (6), dhtdhdshd (8), fenggangshop (12), fhmnmklll (13), huanxiashop (15), innnew (17), liuyanlin (21), ljndixqwxkb (22), maishasi (24), pengguoandedian (28), qudaz (30), rgudsfvb (31), s7h2ilipstore (34), sagxsdg (35), sfsagdsag (38), ssghnbmiuf (42), xunpengshop (49), yhkddsh (51).
2026-08-05Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Order to Show Cause Hearing for Preliminary Injunction held on 8/5/2026. Martin Yi for plaintiffs. Defendants fail to appear and have not responded. See Docket Nos. 33 and 34 for complete details.
312026-08-05SUMMONS RETURNED EXECUTED Summons and Complaint, served. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint served on 7/30/2026, answer due 8/20/2026. Service was made by Email. Document filed by 419Studios Ltd.
332026-08-05PRELIMINARY INJUNCTION ORDER: NOW THEREFORE, on this 5th day of August, 2026, this Court ORDERS that: 1. Defendants, their officers, agents, servants, employees, attorneys, and all persons acting for, with, by, through, under or in active concert with them be temporarily enjoined and restrained from the following: a.Using the 419STUDIOS TRADEMARKS or any reproductions,counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale,or sale of any Counterfeit Products; b.Passing off, inducing, or enabling others to sell or pass off any product as a genuine 419STUDIOS product that is not, in fact, a genuine419STUDIOS product and/or not produced under the authorization,control, or supervision of Plaintiff and approved by Plaintiff for sale under the 419STUDIOS TRADEMARKS; c.Committing any acts calculated to cause consumers to believe that Defendants' Counterfeit Products are those sold under the authorization,control, or supervision of Plaintiff, or are sponsored by, approved by, or otherwise connected with Plaintiff; d.Further infringing the 419STUDIOS TRADEMARKS and damagingPlaintiff's goodwill; and e.Shipping, delivering, holding for sale, transferring, or otherwise moving,storing, distributing, returning, or otherwise disposing of, in any manner,products or inventory not manufactured by or for Plaintiff, nor authorized by Plaintiff to be sold or offered for sale, and which bear the 419STUDIOSTRADEMARKS or any reproductions, counterfeit copies, or colorable imitations thereof. 2. Each Defendant, within fourteen (14) days after receiving notice of this Order, shall serve upon Plaintiff a written report under oath providing: (a) their true name and physical address, (b)all websites and online marketplace accounts on any platform that they own and/or operate,(c)their financial accounts, and (d) the steps taken by each Defendant to comply with paragraph 1,a through e, above. 3. Within five (5) days of receipt of this Order, Shein, Temu, TikTok, and any other online marketplace platform or service provider hosting or servicing a Defendant User Account who or which receives actual notice of this Order and acts in active concert or participation with a defendant shall disable and cease providing services for any Defendant User Accounts through which Defendants are currently engaged in the sale of counterfeit and infringing goods using the 419STUDIOS TRADEMARKS. 4. Defendants and any third party with actual notice of this Order and in active concert or participation with a defendant who is providing services for any of the Defendants, or in connection with any Defendant User Account, including, without limitation, any online marketplace platforms such as Shein, Temu, TikTok, Internet Service Providers ("ISP"), web hosts, back-end service providers, web designers, sponsored search engine or ad-word providers, banks, merchant account providers, including AliPay, AllPay/GoAllPay, Bank of China, Coinbase, LianLian, OFX, Paxful, Payoneer, PayPal, PingPong, Stripe, Wish, and World First, third party processors and other payment processing service providers, shippers, and domain name registrars (collectively, the "Third Party Providers") shall, within five (5) business days after receipt of such notice, provide to Plaintiff expedited discovery, including copies of all documents and records in such person's or entity's possession or control containing or relating to: a.The identities and locations of Defendants, their officers, agents, servants,employees, attorneys, and any persons acting in concert or participation with them, including all known contact information; b.The nature of Defendants' operations and all associated sales and financial information, including, without limitation, identifying information associated with the Defendant User Accounts, and Defendants' financial accounts, as well as providing a full accounting of Defendants' sales and listing history related to their respective Defendant User Accounts; c.Defendant User Accounts or any domain name registered by Defendants; d.Any financial accounts owned or controlled by Defendants, including their officers, agents, servants, employees, attorneys, and any persons acting in concert or participation with them, including such accounts residing with orunder the control of any banks, savings and loan associations, payment processors or other financial institutions, including, without limitation,AliPay, AllPay/GoAllPay, Bank of China, Coinbase, LianLian, OFX, Paxful, Payoneer, PayPal, PingPong, Shein, Stripe, Temu, TikTok, Wish, and World First, or other merchant account providers, payment providers, third party processors, and credit card associations (e.g., MasterCard and VISA). 5. Defendants and any persons in active concert or participation with them who have actual notice of this Order are temporarily enjoined and restrained from transferring or disposing of any money or other of such Defendants' assets. 6. Plaintiff may provide notice of these proceedings to Defendants by electronic all publishing a link to the Complaint, this Order and other relevant documents on a website and by sending an e-mail to all e-mail addresses identified by Plaintiff and any e-mail addresses provided for Defendants by third parties that includes a link to said website. The combination of providing notice via electronic publication and e-mail, along with any notice that Defendants receive from domain name registrars and payment processors, shall constitute notice reasonably calculated under all circumstances to apprise Defendants of the pendency of the action and afford them the opportunity to present their objections. 7. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two days' notice to Plaintiff or on shorter notice as set by this Court. 8. The five thousand dollars ($5,000.00) bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Preliminary Injunction is terminated. (Signed by Judge Andrew L. Carter, Jr on 8/5/2026) (ar) Transmission to Finance Unit (Cashiers) for processing.
342026-08-05ORDER: As discussed as today's hearing on the issuance of a preliminary injunction, Plaintiff is ordered to submit a letter updating the Court on the status of this case by October 7, 2026. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/5/2026)
352026-08-06LETTER addressed to Judge Andrew L. Carter, Jr. from Martin Yi dated 08/06/2026 re: Proof of Bond Payment. Document filed by 419Studios Ltd.
362026-08-26NOTICE 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 against the defendant(s) ASVBVH (1), TheAssembly1 (44). Document filed by 419Studios Ltd. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
2026-08-27***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [36] Notice of Voluntary Dismissal was reviewed and referred to Judge Andrew L. Carter, Jr. for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.
372026-08-27PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS TO THE COURT AND ALL INTERESTED PARTIES: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiff 419STUDIOS LTD. voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice: ASVBVH (1), TheAssembly1 (44). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/27/2026) ASVBVH (1) and TheAssembly1 (44) terminated
382026-09-03NOTICE 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 against the defendant(s) SSDFVGHJI (41), TheGreatWall (45). Document filed by 419Studios Ltd. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
2026-09-04***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [38] Notice of Voluntary Dismissal, was reviewed and referred to Judge Andrew L. Carter, Jr. for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.
392026-09-04PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: TO THE COURT AND ALL INTERESTED PARTIES:PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. P. 4l(a)(1)(A)(i), Plaintiff 419STUDIOS LTD. voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice: SSDFVGHJI (41) and TheGreatWall (45) terminated.SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/4/2026)
2026-09-04***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 38 Notice of Voluntary Dismissal, was reviewed and referred to Judge Andrew L. Carter, Jr. for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.

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