最近更新：2024-12-25
2022-cv-01107
| 日期 | 描述 |
|---|---|
| 09/26/2022 | ORDER FOR WITHDRAWAL OF ATTORNEY OF RECORD granting 29 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED the removal of Harry J. Moren as attorney for Plaintiffs ANTSY LABS INC.; ZURU INC. Attorney Harry J Moren terminated. (Signed by Judge Naomi Reice Buchwald on 9/26/2022) |
| 09/19/2022 | PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Antsy Labs, LLC, ZURU Inc. Related Document Number: 29. |
| 09/19/2022 | AFFIDAVIT of Harry J. Moren in Support re: 29 MOTION for Harry J. Moren to Withdraw as Attorney of Record. Document filed by Antsy Labs, LLC, ZURU Inc. |
| 09/19/2022 | MOTION for Harry J. Moren to Withdraw as Attorney of Record. Document filed by Antsy Labs, LLC, ZURU Inc. |
| 09/19/2022 | ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Christopher Tom to RE-FILE Document 28 MOTION for Harry J. Moren to Withdraw as Attorney of Record. ERROR(S): Supporting documents are filed separately, each receiving their own document #. |
| 09/07/2022 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Harry J. Moren to Withdraw as Attorney of Record. Document filed by Antsy Labs, LLC, ZURU Inc. 附件： 1:(Text of Proposed Order for Withdrawal of Attorney of Record). Modified on 9/19/2022 (db) 2:Affidavit of Harry Moren J. |
| 05/16/2022 | NOTICE 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, against the defendant(s) The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint. Document filed by Antsy Labs, LLC, ZURU Inc. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 04/29/2022 | NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. |
| 04/19/2022 | LETTER addressed to Counsel Harry J Moren, Christopher Tom, and Michael R. Yellin from United States District Judge Naomi Reice Buchwald dated 4/19/2022 re: The Court has read and reviewed your letter dated March 1, 2022, the revised papers you submitted in support of your request for an Order to Show Cause dated March 7, 2022, your letter dated March 18, 2022 and its accompanying exhibits, and the declaration of Daniel P. Mullarkey dated April 5, 2022. (ECF Nos. 20-27.) We have also received the physical exhibits that you have sent to chambers. To receive protection under copyright law, you must establish a "substantial similarity" between the Antsy Labs "Fidget Cube" and the alleged infringing work. See 2 Nimmer on Copyright §§ 8.09; 13.03 (2022). Further, if material copied from your work is unprotectible, the resulting work will not constitute an infringement. See id. § 8.01. Utilizing this standard, our initial review of the exhibits that you attached to the February 8, 2022 Declaration of Stephen Drysdale (ECF No. 7) raises serious questions as to whether all (or even most) of the items you seek to enjoin are protectable under the proper scope of your single copyright. For example, Exhibits 1, 40, 62, 70, and 74 do not actually appear to infringe on the Antsy Labs copyright. Before we can further consider your requested for a temporary restraining order, you need to submit a memorandum of law which sets out the legal standard (with case law support) articulating the scope and limits of your single copyright. Your papers must be specific as to exactly which of the many exhibits you maintain violate your copyright. Your position should be set out in text as well as in a chart form that shows the name of each seller, the name and identifying information of the alleged infringing them item, and a screenshot of both the object and proof that is is available for purchase in New York. The Court awaits your submission. |
| 04/05/2022 | DECLARATION of Daniel P. Mullarkey in Support re: 24 Letter. Document filed by Antsy Labs, LLC, ZURU Inc. |
| 03/18/2022 | LETTER addressed to Judge Naomi Reice Buchwald from Christopher Tom dated March 18, 2022 re: Plaintiffs' copyright with respect to Plaintiffs' Application for an Order to Show Cause. Document filed by Antsy Labs, LLC, ZURU Inc. 附件： 1:(Exhibit 4 (2019.01.30 LT from Copyright Office)) 2:Exhibit 3 (2018.08.14 LT Request for Reconsideration) 3:Exhibit 2 (2018.05.14 LT from Copyright Office) 4:Exhibit 1 (Certified Copy of Copyright Application) |
| 03/07/2022 | ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 21 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. |
| 03/07/2022 | AMENDED MEMORANDUM OF LAW re: 8 Memorandum of Law in Support. Document filed by Antsy Labs, LLC, ZURU Inc. |
| 03/07/2022 | DECLARATION of Stephen Drysdale re: 6 Declaration in Support. Document filed by Antsy Labs, LLC, ZURU Inc. |
| 03/07/2022 | PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Antsy Labs, LLC, ZURU Inc. Related Document Number: 5. Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| 03/01/2022 | LETTER addressed to Judge Naomi Reice Buchwald from Christopher Tom dated March 1, 2022 re: Order #17. Document filed by Antsy Labs, LLC, ZURU Inc. |
| 02/24/2022 | ORDER FOR ADMISSION PRO HAC VICE: granting 18 Motion for Harry J. Moren to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. So Ordered. (Signed by Judge Naomi Reice Buchwald on 2/24/2022) |
| 02/23/2022 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Harry J. Moren to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-25765858. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. |
| 02/22/2022 | MOTION for Harry J. Moren to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-25765858. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Antsy Labs, LLC, ZURU Inc. 附件： 1:(Exhibit 3 (Text of Proposed Pro Hac Vice Order)) 2:Exhibit 2 (Certificate of Good Standing) 3:Exhibit 1 (Affidavit) |
| 02/10/2022 | LETTER: addressed to Counsel from Naomi Reice Buchwald, United States District Judge dated 2/10/2022 re: The Court has read the papers you have submitted in support of your request for an Order to Show Cause. We have several concerns that must be resolved before we can consider the specifics of your request for relief. First, your papers do not appear to contain any description or explanation of the content or scope of Antsy Labs, LLC's copyright. In the absence of clarity on that subject, there is no way for the Court to evaluate whether any copyright infringement has occurred, an issue that goes to the likelihood of success on the merits. Second, while there are numerous references in the papers to plaintiffs' "mark," there is no indication in the papers that plaintiffs are the holders of a registered mark. Please clarify whether plaintiffs have a registered trademark or previously made efforts to register "FIDGET CUBE" as a mark, and if so, the outcome of any such registration effort. Third, we wish to bring to your attention our decision in Mattel, Inc. v. Entities, et al., 20 Civ. 11075 at ECF No. 55, which raises serious questions about the appropriateness of some of the relief requested. Finally, we wish to direct you to an order that we recently signed in Moonbug Entertainment Ltd., et al. v. ama_store, et al., 21 Civ. 10317 at ECF No. 10. To the extent that there are parallel provisions in your Proposed Order to Show Cause, we recommend utilizing the Moonbug Order as a model. Additionally, to the extent that you seek relief that is not present in the Moonbug Order, we are disinclined to order such relief. |
| 02/09/2022 | NOTICE OF APPEARANCE by Christopher Tom on behalf of Antsy Labs, LLC, ZURU Inc. |
| 02/09/2022 | ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. |
| 02/09/2022 | 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. |
| 02/09/2022 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Michael R. Yellin re: Document No. 4 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s) Date Filed Field is incorrect. Do not re-file the form. The Court has corrected the deficiency/deficiencies. |
| 02/09/2022 | Case Designated ECF. |
| 02/09/2022 | Magistrate Judge Debra C. Freeman 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. |
| 02/09/2022 | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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. |
| 02/08/2022 | ***EX-PARTE***REDACTION to 7 Declaration in Support, Exhibit 2 (Part 4) by Antsy Labs, LLC, ZURU Inc. Motion or Order to File Under Seal: 9. 附件： 1:(Def 137) 2:Def 136 3:Def 135 4:Def 134 5:Def 133 6:Def 132 7:Def 131 8:Def 130 9:Def 129 10:Def 128 11:Def 127 12:Def 126 13:Def 125 14:Def 124 15:Def 123 16:Def 122 17:Def 121 18:Def 120 19:Def 119 20:Def 118 21:Def 117 22:Def 116 23:Def 115 24:Def 114 25:Def 113 26:Def 112 27:Def 111 28:Def 110 29:Def 109 30:Def 108 31:Def 107 32:Def 106 |
| 02/08/2022 | ***EX-PARTE***REDACTION to 7 Declaration in Support, Exhibit 2 (Part 3) by Antsy Labs, LLC, ZURU Inc. Motion or Order to File Under Seal: 9. 附件： 1:Def 100 2:Def 99 3:Def 98 4:Def 97 5:Def 95 6:Def 96 7:Def 94 8:Def 93 9:Def 92 10:Def 91 11:Def 90 12:Def 89 part c 13:Def 89 part b 14:Def 89 15:Def 88 16:Def 87 17:Def 86 18:Def 85 19:Def 84 20:Def 83 21:Def 82 22:Def 81 23:Def 80 24:Def 79 25:Def 78 26:Def 77 27:Def 101 28:Def 102 29:Def 103 30:(Def 104) |
| 02/08/2022 | ***EX-PARTE***REDACTION to 7 Declaration in Support, Exhibit 2 (Part 2) by Antsy Labs, LLC, ZURU Inc. Motion or Order to File Under Seal: 9. 附件： 1:Def 19 2:Def 20 3:Def 21 4:Def 22 5:Def 23 6:Def 24 7:Def 25 8:Def 26 9:Def 27 10:Def 28 11:Def 29 12:Def 30 13:Def 31 14:Def 32 15:Def 33 16:Def 34 17:Def 35 18:Def 36 19:Def 37 20:Def 38 21:Def 39 22:Def 40 23:Def 41 24:Def 42 25:Def 43 26:Def 44 27:Def 45 28:Def 46 29:Def 47 30:Def 48 31:Def 49 32:Def 50 33:Def 51 34:Def 52 35:Def 53 36:Def 54 37:Def 55 38:Def 56 39:Def 57 40:Def 58 41:Def 59 42:Def 60 43:Def 61 44:Def 62 45:Def 63 46:Def 64 47:Def 65 48:Def 66 49:Def 67 50:Def 68 51:Def 69 52:Def 70 53:Def 71 54:Def 72 55:Def 73 56:Def 74 57:(Def 75) |
| 02/08/2022 | ***EX-PARTE***REDACTION to 7 Declaration in Support, Exhibit 2 (Part 1) by Antsy Labs, LLC, ZURU Inc. Motion or Order to File Under Seal: 9. 附件： 1:Def 2 2:Def 3 3:Def 4 4:Def 5 5:Def 6 6:Def 7 7:Def 8 8:Def 9 9:Def 10 10:Def 11 11:Def 12 12:Def 13 13:Def 14 14:Def 15 15:Def 16 16:(Def 17) |
| 02/08/2022 | ***EX-PARTE***REDACTION to 1 Complaint, Schedule A by Antsy Labs, LLC, ZURU Inc.Motion or Order to File Under Seal: 9. |
| 02/08/2022 | MOTION to Seal Schedule A to Complaint and Exhibit 2 to Drysdale Declaration. Document filed by Antsy Labs, LLC, ZURU Inc. |
| 02/08/2022 | MEMORANDUM OF LAW in Support re: 5 Proposed Order to Show Cause With Emergency Relief. Document filed by Antsy Labs, LLC, ZURU Inc. |
| 02/08/2022 | DECLARATION of Stephen Drysdale in Support re: 5 Proposed Order to Show Cause With Emergency Relief. Document filed by Antsy Labs, LLC, ZURU Inc. 附件： 1:(Exhibit 1 (Copyright Registration)) |
| 02/08/2022 | DECLARATION of Michael R. Yellin in Support re: 5 Proposed Order to Show Cause With Emergency Relief. Document filed by Antsy Labs, LLC, ZURU Inc. 附件： 1:Exhibit 1 (January 2011 Mark Monitor report) 2:Exhibit 2 (IP Rights Seizures Statistics Report) 3:Exhibit 3 (BASCAP Report) 4:Exhibit 4 (ICANN Registrar Accreditation Agreement) 5:Exhibit 5 (Hague Convention on Service Abroad) 6:(Exhibit 6 (Translation of Civil Procedure Law of the People's Republic of China)) |
| 02/08/2022 | PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Antsy Labs, LLC, ZURU Inc. Related Document Number: 1. Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| 02/08/2022 | AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review. |
| 02/08/2022 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Antsy Labs, LLC, ZURU Inc. |
| 02/08/2022 | CIVIL COVER SHEET filed. |
| 02/08/2022 | COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto. (Filing Fee $ 402.00, Receipt Number ANYSDC-25705494)Document filed by Antsy Labs, LLC, ZURU Inc. 附件： 1:Exhibit Schedule A (Redacted) 2:(Exhibit 1 (Copyright Registration)) |
