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Entered | Case | Description |
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06/05/24 | AFFIDAVIT/AFFIRMATION re 17 Order on Motion for Default Judgment,,, Proof of Service on Defendant by Adama Studios LLC, Terra Studio Ltd. (Benschar, Tal) (Entered: 06/05/2024) | |
06/03/24 | ORDER re 14 Motion for Default Judgment. For the reasons stated above (SEE ATTACHED ORDER for details), Plaintiffs' Motion for Default Judgment is GRANTED IN PART and DENIED IN PART as follows. Plaintiffs' Motion is granted as to Defendant Shunchao Tang, also known as Vertplanter.com, and Defendant is permanently enjoined from (i) importing, selling, or offering for sale the VertPlanter Product or otherwise infringing the 315 Patent; (ii) infringing Adama Studios' copyrighted text, photographs, and graphics; (iii) imitating, copying, reproducing, or using in any manner the TEVAPLANTER mark; (iv) engaging in false or deceptive advertising in the offering for sale of its products; (v) representing, suggesting in any fashion to any third party, or performing any act which may give rise to the belief that Defendant, his business, or any of his goods and services, are authorized or sponsored by Plaintiffs; and (vi) otherwise competing unfairly with Plaintiffs in any manner. However, Plaintiffs'' request for permanent injunctive relief (i) directing Amazon.com to disable various listings on its website; (ii) directing Cloudfare to disable the VertPlanter website and cease all services associated with the website; and (iii) directing Instagram, TikTok, and Facebook to disable various pages on their respective websites, is denied without prejudice because the request is premature. See FED. R. CIV. P. 65(d)(2); see also Arista Recs., LLC v. Tkach, 122 F. Supp. 3d 32, 36 (S.D.N.Y. 2015). So Ordered by Judge Joan M. Azrack on 6/3/2024. (LC) (Entered: 06/03/2024) | |
05/29/24 | Letter regarding motion for default judgment by Adama Studios LLC, Terra Studio Ltd. (Schwalb, Efrem) (Entered: 05/29/2024) | |
11/15/23 | REPLY in Support re 14 MOTION for Default Judgment Corrected Proposed Default Judgment filed by Adama Studios LLC, Terra Studio Ltd.. (Schwalb, Efrem) (Entered: 11/15/2023) | |
11/15/23 | MOTION for Default Judgment by Adama Studios LLC, Terra Studio Ltd.. (Attachments: # 1 Memorandum in Support, # 2 Declaration Schwalb Declaraton, # 3 Exhibit A - Complaint, # 4 Exhibit B - Request for Default, # 5 Exhibit C - Certificate of Default, # 6 Declaration Declaration of Elad Burko, # 7 Proposed Judgment Proposed Default Judgment) (Schwalb, Efrem) (Entered: 11/15/2023) | |
11/02/23 | ORDER. On 9/20/2023, the Clerk of Court entered a certificate of default. See DE 13 . To date, Plaintiffs have not motioned for default judgment. The Court directs Plaintiffs to file a motion for default judgment no later than 11/23/2023. Failure to comply with this order may result in dismissal of this action for failure to prosecute. Ordered by Judge Joan M. Azrack on 11/2/2023. (JSB) (Entered: 11/02/2023) | |
09/20/23 | Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendant Shunchao Tang has failed to appear or otherwise defend this action, the default of defendant Shunchao Tang is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JT) (Entered: 09/20/2023) | |
09/20/23 | Request for Certificate of Default by Adama Studios LLC, Terra Studio Ltd. (Attachments: # 1 Proposed Clerk's Certificate of Default) (Benschar, Tal) (Entered: 09/20/2023) | |
09/20/23 | REQUEST for Certificate of Default 11 is denied at this time. The affidavit in support of the request does not demonstrate, as is required by Local Civil Rule 55.1(b), that the pleading to which no response has been made was properly served. In addition, Local Civil Rule 55.1 also requires that the request contain a proposed Certificate of Default. (JT) (Entered: 09/20/2023) | |
09/19/23 | Request for Certificate of Default by Adama Studios LLC, Terra Studio Ltd. (Benschar, Tal) (Entered: 09/19/2023) |