TRO 案件

New Millennium Concepts Ltd., James Bryson Shepherd Trust, and The Trustees of the James Bryson Trust|26-cv-5057

案件基础信息

完整案号
26-cv-5057
法院
United States District Court for the Southern District of New York
立案日
2026-06-15
原告
New Millennium Concepts Ltd., James Bryson Shepherd Trust, and The Trustees of the James Bryson Trust
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
2026-08-12 23:56:51

案件进程

编号日期案件进程
12026-06-15COMPLAINT 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-33001130)Document filed by New Millennium Concepts Ltd., The Trustees of the James Bryson Trust, James Bryson Shepherd Trust.
22026-06-15CIVIL COVER SHEET filed.
32026-06-15RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by James Bryson Shepherd Trust, New Millennium Concepts Ltd., The Trustees of the James Bryson Trust.
42026-06-15AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.
62026-06-15MEMORANDUM OF LAW in Support re: 5 Proposed Order to Show Cause Without Emergency Relief. Document filed by James Bryson Shepherd Trust, New Millennium Concepts Ltd., The Trustees of the James Bryson Trust.
72026-06-15DECLARATION of Christopher Tom in Support re: 5 Proposed Order to Show Cause Without Emergency Relief. Document filed by James Bryson Shepherd Trust, New Millennium Concepts Ltd., The Trustees of the James Bryson Trust.
82026-06-15DECLARATION of Yingchun Hou in Support re: 5 Proposed Order to Show Cause Without Emergency Relief. Document filed by James Bryson Shepherd Trust, New Millennium Concepts Ltd., The Trustees of the James Bryson Trust.
92026-06-15DECLARATION of Shawn Elliot in Support re: 5 Proposed Order to Show Cause Without Emergency Relief. Document filed by James Bryson Shepherd Trust, New Millennium Concepts Ltd., The Trustees of the James Bryson Trust.
—2026-06-16CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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.
—2026-06-16Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. 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.
—2026-06-16Case Designated ECF.
132026-06-16AO 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).
—2026-06-16***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.
—2026-06-16***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 12 Proposed Order, was reviewed and approved as to form.
142026-06-16***SEALED***NOTICE of of Filing Schedule A to Complaint re: 1 Complaint. Document filed by James Bryson Shepherd Trust, New Millennium Concepts Ltd., The Trustees of the James Bryson Trust. Motion or Order to File Under Seal: 10.
152026-06-16***SEALED***DECLARATION of Yingchun Hou in Support re: 5 Proposed Order to Show Cause Without Emergency Relief. Document filed by James Bryson Shepherd Trust, New Millennium Concepts Ltd., The Trustees of the James Bryson Trust. Motion or Order to File Under Seal: 10.
162026-06-16***SEALED***DECLARATION of Shawn Elliott in Support re: 5 Proposed Order to Show Cause Without Emergency Relief. Document filed by James Bryson Shepherd Trust, New Millennium Concepts Ltd., The Trustees of the James Bryson Trust. Motion or Order to File Under Seal: 10.
172026-06-24LETTER MOTION to Continue Preliminary Injunction Hearing to a Later Date addressed to Judge Colleen McMahon from Christopher Tom dated June 24, 2026. Document filed by James Bryson Shepherd Trust, New Millennium Concepts Ltd., The Trustees of the James Bryson Trust.
182026-06-25ORDER granting 17 Letter Motion to Continue. For good cause shown, the application is GRANTED. SO ORDERED. Responses due by 7/10/2026 Replies due by 7/14/2026. (Signed by Judge P. Kevin Castel on 6/24/2026)
—2026-07-02SUMMONS ISSUED as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint.
192026-07-09SUMMONS 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 7/8/2026, answer due 7/29/2026. Document filed by New Millennium Concepts Ltd.; The Trustees of the James Bryson Trust; James Bryson Shepherd Trust.
212026-07-16NOTICE of Filing Unsealed Schedule A re: [1] Complaint. Document filed by James Bryson Shepherd Trust, New Millennium Concepts Ltd., The Trustees of the James Bryson Trust.
222026-07-16NOTICE of Filing Unsealed Exhibit 2 to the Declaration of Shawn Elliott re: [5] Proposed Order to Show Cause Without Emergency Relief. Document filed by James Bryson Shepherd Trust, New Millennium Concepts Ltd., The Trustees of the James Bryson Trust.
232026-07-16NOTICE of Filing Unsealed Exhibit 1 to the Declaration of Yingchun Hou re: [5] Proposed Order to Show Cause Without Emergency Relief. Document filed by James Bryson Shepherd Trust, New Millennium Concepts Ltd., The Trustees of the James Bryson Trust.
—2026-07-17***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [20] Proposed Order was reviewed and approved as to form.
242026-08-04NOTICE 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) PLC Automation World (Izyzl73) (22). Document filed by New Millennium Concepts Ltd., The Trustees of the James Bryson Trust, James Bryson Shepherd Trust. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
—2026-08-05***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [24] Notice of Voluntary Dismissal was reviewed and referred to Judge Colleen McMahon 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.
252026-08-06PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANT TO THE COURT AND ALL INTERESTED PARTIES: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiffs NEW MILLENNIUM CONCEPTS LTD., JAMES BRYSON SHEPHERD TRUST, and THE TRUSTEES OF THE JAMES BRYSON TRUST voluntarily dismiss the following Defendant listed on Schedule A to the Complaint without prejudice: 22 PLC Automation World (Izyzl73) https://www.ebay.com/strllzyzl73shop. SO ORDERED. (Signed by Judge Colleen McMahon on 8/6/2026)
—2026-08-10Notice to Court Regarding Voluntary Dismissal
272026-08-10PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANT TO THE COURT AND ALL INTERESTED PARTIES: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiffs NEW MILLENNIUM CONCEPTS LTD., JAMES BRYSON SHEPHERD TRUST, and THE TRUSTEES OF THE JAMES BRYSON TRUST voluntarily dismiss the following Defendant listed on Schedule A to the Complaint without prejudice: cortilemotoliving (6). (Signed by Judge Colleen McMahon on 8/10/2026) cortilemotoliving (6) terminated.
282026-08-12NOTICE 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) Daily Deal Nest (dailydealnest) (8). Document filed by New Millennium Concepts Ltd., The Trustees of the James Bryson Trust, James Bryson Shepherd Trust. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
—2026-08-13***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [28] Notice of Voluntary Dismissal, was reviewed and referred to Judge Colleen McMahon 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.
292026-08-13NOTICE 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) CAI Studios (39), FU Studio (43), GXHTUUJK (45), GXJCCP (46), HEPNGT (47), Skyline Living (48), TIANTI (49), WODECA (51), WODEWA (52), WODEY (53), Xie Studios (54), XINXIY (55), ZHOGUNG (57). Document filed by New Millennium Concepts Ltd., The Trustees of the James Bryson Trust, James Bryson Shepherd Trust. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
—2026-08-14***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [29] Notice of Voluntary Dismissal, was reviewed and referred to Judge Colleen McMahon 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.
302026-08-19NOTICE 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) Costlay-668800 (7), Prime-Choice-Depot (23), tsts9577 (autopartsfactory0088) (33), ZZXJY local (58). Document filed by James Bryson Shepherd Trust, New Millennium Concepts Ltd., The Trustees of the James Bryson Trust. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
—2026-08-20***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [30] Notice of Voluntary Dismissal was reviewed and referred to Judge Colleen McMahon 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.
312026-08-20NOTICE 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) Oshadi Kokuhennadi (oshkokuh-0) (21). Document filed by James Bryson Shepherd Trust, New Millennium Concepts Ltd. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
—2026-08-21***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [31] Notice of Voluntary Dismissal was reviewed and referred to Judge Colleen McMahon 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.
322026-09-08LETTER addressed to Judge Colleen McMahon from Christopher Tom dated September 8, 2026 re: Motion for Entry of Consent Judgment. Document filed by James Bryson Shepherd Trust, New Millennium Concepts Ltd.
332026-09-09AGREED MOTION FOR ENTRY OF A CONSENT JUDGMENT AS TO CERTAIN DEFENDANTS re: [32] Letter, filed by New Millennium Concepts Ltd., James Bryson Shepherd Trust. Plaintiffs NEW MILLENNIUM CONCEPTS LTD., JAMES BRYSON SHEPHERD TRUST, and THE TRUSTEES OF THE JAMES BRYSON TRUST (collectively, "Plaintiffs") commenced this action against Defendants ffgasjhdama (Defendant No. 42) and Home living appliances (Defendant No. 63) (collectively, "Defendants"). Plaintiffs and Defendants have resolved all claims arising from the allegations in the Complaint. THIS COURT HEREBY FINDS that it has personal jurisdiction over Defendants because they have operated interactive e-commerce stores targeting consumers in the United States, including New York: offered shipping to New York; accepted payment in U.S. dollars; and offered for sale products using infringing and counterfeit versions of the BERKEY Trademarks (the ''Counterfeit Products") to residents of New York. The "'BERKEY Trademarks'' include U.S. Trademark Registration Nos. 3,721,529; 4,895,008; 6,976,825; 6,994,295: 7,363,233 ; 7,639,366; and 7,639,367. THIS COURT FURTHER FINDS that Defendants are liable for willful federal trademark infringement and counterfeiting under (15 U.S.C. �1114), false designation of origin (15 U.S.C. �1125(a)), and unfair competition under New York common law. IT IS HEREBY ORDERED that: I. Defendants, their officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under, or in active concert with them are permanently enjoined and restrained from: a. using the BERKEY 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 product that is not a genuine BERKEY product or is not authorized by Plaintiffs to be sold in connection v. ith the BERKEY Trademarks; b. passing off, inducing, or enabling others to sell or pass off any product as a genuine BERKEY product, or any other product produced by Plaintiffs, that is not Plaintiffs' product or is not produced under the authorization, control, or supervision of Plaintiffs and approved by Plaintiffs for sale under the BERKEY Trademarks; c. committing any acts calculated to cause consumers to believe that Defendants' Counterfeit Products are products sold under the authorization, control, or supervision of Plaintiffs, or are sponsored by, approved by, or otherwise connected with Plaintiffs; d. further infringing the BERKEY Trademarks or damaging Plaintiffs' goodwill; and e. manufacturing, 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 Plaintiffs, nor authorized by Plaintiffs to be sold or offered for sale, and which bear any of Plaintiffs' trademarks, including the BERKEY Trademarks, or any reproductions. counterfeit copies. or colorable imitations thereof. 2. Pursuant to the parties' settlement agreement, Defendants shall collectively pay Plaintiffs a total of $5,000 in damages (the "'Damages Amount"'). 3. Walmart Inc. ("'Walmart'") is ordered to transfer the Damages Amount from the Walmart account associated with Home living appliances (Defendant No. 63), WalmartSeller ID 10003132287. to Plaintiffs within seven (7) calendar days after receipt of this Consent Judgment. 4. Upon Walmart's transfer of the Damages Amount to Plaintiffs pursuant to paragraph 3, the relevant Marketplace Platforms, including Walmart and SHEIN, shall remove all restraints imposed in connection with this action from Defendants' ecommerce stores and associated financial accounts, including the Walmart store Home living appliances (Defendant No. 63), Walmart Seller ID I 0003132287, and the SHEIN store ffgasjhdama (Defendant No. 42). 5. Plaintiffs' claims against Defendants are dismissed without prejudice, with leave to reinstate within one hundred and eighty (180) days after entry of this Consent Judgment. If no motion to reinstate is tiled within that period, the dismissal shall automatically convert to a dismissal with prejudice without further order of the Court. All other claims in this action remain unaffected. 6. Each party shall bear its own attorneys' fees and costs. IT IS SO ORDERED. (Signed by Judge Colleen McMahon on 9/9/2026)
342026-09-11NOTICE 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) VGGBHBH (50). Document filed by James Bryson Shepherd Trust, New Millennium Concepts Ltd., The Trustees of the James Bryson Trust. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
—2026-09-14***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [34] Notice of Voluntary Dismissal, was reviewed and referred to Judge Colleen McMahon 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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