TRO Case
Milwaukee Electric Tool Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A
商标侵权
案件编号
1:2026-cv-04061
立案日期
5/15/2026
原告
Milwaukee Electric Tool Corporation
法院
New York Southern District Court
6/8/2026
ORDER granting [30] Letter Motion to Continue. Granted. The Show Cause Hearing for a Preliminary Injunction is adjourned until June 23, 2026, at 11:00 a.m. in Courtroom 21B. Defendants' opposition papers, if any, shall be filed by June 17, 2026. For the reasons stated by Plaintiff, the temporary restraining order entered on May 27, 2026 (Dkt 20) is hereby extended for 14 days and shall remain in effect through June 24, 2026. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/8/2026) Show Cause Hearing set for 6/23/2026 at 11:00 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.
6/5/2026
LETTER MOTION to Continue hearing for Order to Show Cause and TRO extension addressed to Judge Lewis A. Kaplan from Shengmao Mu dated June 5, 2026. Document filed by Milwaukee Electric Tool Corporation.
6/4/2026
MEMO ENDORSED ORDER denying [21] Motion for Discovery. ENDORSEMENT: Denied. There is no ambiguity. The Court authorized expedited discovery, including with respect to non-parties, and Plaintiff can move to shorten the response time of anyone who declines to agree to a shortened deadline. The Court struck out a portion of the proposed order, however, that purported to require non-parties to take, or abstain from taking, specified actions in view of the fact that they have not been served with process, had no opportunity to be heard with respect to the mandatory relief sought, and are not parties to this litigation. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/3/2026)
6/4/2026
BOND ON INJUNCTION, BOND #S-421982 in the amount of $1,500.00 posted by Milwaukee Electric Tool Corporation.
6/3/2026
FIRST LETTER addressed to Judge Lewis A. Kaplan from Steven Fairchild dated June 3, 2026 re: Courtesy Hard Copies. Document filed by Milwaukee Electric Tool Corporation.
6/3/2026
PROPOSED STIPULATION AND ORDER. Document filed by Milwaukee Electric Tool Corporation.
6/3/2026
NOTICE OF APPEARANCE by Steven Royal Fairchild on behalf of Milwaukee Electric Tool Corporation.
6/3/2026
DECLARATION of Jay Paragoso in Support re: 21 MOTION for Discovery. Document filed by Milwaukee Electric Tool Corporation.
6/3/2026
***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Shengmao Mu to RE-FILE Document No. [23] Proposed Order. The filing is deficient for the following reason(s): the wrong event type was used to file the proposed order. Re-file the document using the event type Proposed Stipulation and Order found under the event list Proposed Orders - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF.
6/2/2026
MOTION for Discovery. Document filed by Milwaukee Electric Tool Corporation.
6/2/2026
MEMORANDUM OF LAW in Support re: [21] MOTION for Discovery. Document filed by Milwaukee Electric Tool Corporation.
6/2/2026
PROPOSED ORDER. Document filed by Milwaukee Electric Tool Corporation. Related Document Number: [21]. Proposed Order to be reviewed by Clerk's Office staff.
5/27/2026
Set/Reset Deadlines: Responses due by 6/3/2026
5/27/2026
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: Based on the foregoing findings of fact and conclusions of law, Plaintiffs Application is hereby GRANTED and it is ORDERED as follows: Temporary Restraints 1. As sufficient causes have 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: Manufacturing, advertising, offering for sale, selling, distributing, destroying, selling off, transferring, or otherwise disposing of any Infringing Products; Manufacturing, advertising, offering to sell, selling, reproducing, or distributing any goods utilizing the MILWAUKEE Marks, or any confusingly similar goods, other than genuine products manufactured or distributed by Plaintiff or its authorized manufacturers and distributors; destroying, selling off, transferring, or otherwise disposing of any documents, electronically stored information, or financial records or assets of any kind relating to the manufacture, importation, sale, offer for sale, distribution, or transfer of any Infringing Products; using the MILWAUKEE Marks on or in connection with any Seller Alias that any Defendant may own, operate, or control on any Marketplace; Any and all use of the MILWAUKEE Marks as metatags, on any webpage (including the title of any web page), in any advertising links to other websites, from search engines' databases or cache memory, or any other form of use of such terms that are visible to a computer user or serves to direct computer searches to Seller Aliases registered, owned or operated by any Defendant on any Marketplace; and; Altering, disabling, closing, or transferring ownership of any seller alias on any Marketplace during the pendency of this action, or until further Order of the Court. As sufficient cause has been shown, Plaintiff is authorized to conduct expedited discovery, including that: a. Plaintiff may serve interrogatories and requests for production of documents, pursuant to Rules 26 and 33, and 34 of the Federal Rules of Civil Procedure as well as Local Civil Rule 33.3 of the Local Rules for the Southern District of New York and Defendants who are served with this Order shall provide written responses under oath to such interrogatories and produce documents requested within seven (7) days of service to Plaintiffs counsel. Service by Electronic Mail and/or Electronic Publication Pursuant to Fed. R. Civ. P. 4(f)(3), as sufficient cause has been shown, that service of this Order and the Summons and Complaint may be made on, and shall be deemed effective as to Defendants if it is completed by the following means: Delive1y of: (i) PDF copies of this Order together with the Summons and Complaint; (ii) a link to a website where each Defendant will be able to download PDF copies of this Order together with the Summons and Complaint, and all papers filed in support of Plaintiff's Application (the "Link") to Defendants' e-mail addresses. Such alternative service, as set forth above, shall be made within three (3) days of the Financial Institutions' compliance with Paragraphs 2 through 4 of this Order. The Clerk of Court is directed to issue a single original summons in the name of "The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint" that shall apply to all Defendants. Plaintiff shall deposit with the Court One Thousand Five Hundred Dollars ($1,500.00), either cash, 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. Plaintiffs Schedule A attached to the Complaint, Plaintiff's unredacted version of the Complaint, Exhibit 2 showing the Defendant Internet Stores' infringement, and Exhibit 1 attached to Mu Declaration showing Plaintiffs efforts to verify Defendants' addresses, shall be sealed and remain sealed until Defendants' Accounts and Defendants' Assets are restrained. Plaintiff shall file unsealed versions of Plaintiffs Schedule A attached to the Complaint, Plaintiffs unredacted version of the Complaint, Exhibit 2 to the Complaint showing the Defendant Internet Stores' infringement, and Exhibit 1 attached to the Mu Declaration showing Plaintiffs efforts to verify Defendants' addresses, using the CM/ECF system prior to the expiration of this Order when Financial Institutions have confirmed that Defendants' funds are frozen and that Plaintiff properly serves Defendants with the Summon and the Complaint, whichever comes later. 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 June 9, 2026 at 2:30 p.m. in which Plaintiff may present their 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 opposing papers, if any, shall be filed and served on or before June 3, 2026 at 4 p.m. This Temporary Restraining Order without notice is entered at 3:15pm on May 27, 2026 and shall remain in effect for fourteen (14) days. (Signed by Judge Lewis A. Kaplan on 5/27/2026) Show Cause Hearing set for 6/9/2026 at 02:30 PM before Judge Lewis A. Kaplan. (ar) Transmission to Docket Assistant Clerk for processing. Transmission to Finance Unit (Cashiers) for processing.
5/27/2026
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: The above entitled action is referred to the designated Magistrate Judge for the following purpose(s): General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/27/2026)
5/21/2026
AO 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).
5/21/2026
ORDER granting [7] Motion to Seal. Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/21/2026)
5/20/2026
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. [15] Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form.
5/20/2026
MEMORANDUM OF LAW in Support re: [8] EX PARTE MOTION for Temporary Restraining Order. Document filed by Milwaukee Electric Tool Corporation.
5/20/2026
***SEALED***REDACTION to [12] Redacted Document Exhibit 2 - Infringing Evidence by Milwaukee Electric Tool CorporationMotion or Order to File Under Seal: [7].
5/20/2026
DECLARATION of Jay Paragoso in Support re: [8] EX PARTE MOTION for Temporary Restraining Order. Document filed by Milwaukee Electric Tool Corporation.
5/20/2026
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Milwaukee Electric Tool Corporation. Related Document Number: [8]. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
5/20/2026
MOTION to Seal certain documents. Document filed by Milwaukee Electric Tool Corporation.
5/20/2026
DECLARATION of Shengmao Mu in Support re: [8] EX PARTE MOTION for Temporary Restraining Order. Document filed by Milwaukee Electric Tool Corporation.
5/20/2026
EX PARTE MOTION for Temporary Restraining Order. Document filed by Milwaukee Electric Tool Corporation. (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
5/20/2026
***SEALED***REDACTION to [11] Declaration in Support of Motion Exhibit 1 - Address Lookup by Milwaukee Electric Tool CorporationMotion or Order to File Under Seal: [7].
5/20/2026
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.
5/20/2026
***SEALED***REDACTION to [1] Complaint, Complaint containing Defendant information and Schedule A by Milwaukee Electric Tool CorporationMotion or Order to File Under Seal: [7].
5/20/2026
NOTICE OF APPEARANCE by Keaton David Smith on behalf of Milwaukee Electric Tool Corporation.
5/18/2026
***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Shengmao Mu to RE-FILE Document No. [3] Civil Cover Sheet. The filing is deficient for the following reason(s): the wrong event type was used to file the AO 120 Patent/Trademark form. Re-file the document using the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 120 Patent/Trademark PDF form.
5/18/2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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.
5/18/2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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.
5/18/2026
Case Designated ECF.
5/18/2026
Magistrate Judge Gabriel W. Gorenstein 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.
5/18/2026
***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Shengmao Mu to RE-FILE Document No. [3] Civil Cover Sheet. The filing is deficient for the following reason(s): the wrong event type was used to file the AO 120 Patent/Trademark form. Re-file the document using the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 120 Patent/Trademark PDF form.
5/18/2026
***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Shengmao Mu to RE-FILE Document No. 3 Civil Cover Sheet. The filing is deficient for the following reason(s): the wrong event type was used to file the AO 120 Patent/Trademark form. Re-file the document using the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 120 Patent/Trademark PDF form.
5/15/2026
COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. (Filing Fee $ 405.00, Receipt Number ANYSDC-32855688)Document filed by Milwaukee Electric Tool Corporation.
5/15/2026
CIVIL COVER SHEET filed.
5/15/2026
NOTICE OF APPEARANCE by Shengmao Mu on behalf of Milwaukee Electric Tool Corporation.
5/15/2026
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Techtronic Industries Company Limited for Milwaukee Electric Tool Corporation. Document filed by Milwaukee Electric Tool Corporation.
5/15/2026