Bestway (USA), Inc. et al v. Merkury Innovations, LLC (1:24-cv-03078), New York Southern District Court

Bestway (USA), Inc. et al v. Merkury Innovations, LLC

New York Southern District Court
Judge:	Jennifer H Rearden
Case #:	1:24-cv-03078
Nature of Suit	840 Property Rights - Trademark
Cause	15:1114 Trademark Infringement (Lanham Act)

Case Filed:

Apr 22, 2024

Docket
Parties (3)

Last checked: Tuesday Apr 23, 2024 8:06 AM EDT

Defendant Merkury Innovations, LLC
Plaintiff Bestway (USA), Inc.	Represented By Margot Nicole Wilensky Connell Foley contact info
Plaintiff Bestway Inflatables & Material Corp.	Represented By Margot Nicole Wilensky Connell Foley contact info

Docket last updated: 5 hours ago

Wednesday, May 08, 2024
17		17 service Affidavit of Service Other Wed 05/08 2:25 PM AFFIDAVIT OF SERVICE of Summons, Complaint served on Merkury Innovations LLC on May 3, 2024. Service was accepted by Chu Chi. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) Related: [-]
		Att: 1 Exhibit 1 A Merkury Innovations LLC Affirmation of Service
Tuesday, May 07, 2024
16		16 order Order Wed 05/08 9:22 AM ORDER: Plaintiffs commenced this action on April 22, 2024, see ECF No. 1, and filed a motion for a preliminary injunction on May 3, 2024, see ECF Nos. 10-15. The docket does not reflect that Plaintiffs have served Defendant with the summons and Complaint or with Plaintiffs' motion for a preliminary injunction and supporting papers. It is hereby ORDERED that, within two business days of the date of this Order, Plaintiffs shall serve on Defendant, by personal service and also by overnight courier, (i) the summons and Complaint; (ii) Plaintiffs' motion for a preliminary injunction and supporting papers; and (iii) a copy of this Order. Within two business days of service, Plaintiff shall file proof of such service. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/7/2024) (rro) Related: [-]
Monday, May 06, 2024
		misc Notice to Court Regarding Proposed Order Mon 05/06 9:53 AM ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 14 Proposed Order was reviewed and approved as to form. (nd) Related: [-]
Friday, May 03, 2024
15		15 motion Oral Argument Fri 05/03 5:18 PM LETTER MOTION for Oral Argument RE :PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION addressed to Judge Jennifer H. Rearden from Margot N. Wilensky dated May 3, 2024. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) Related: [-]
14		14 misc Proposed Order Fri 05/03 5:10 PM PROPOSED ORDER. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp.. Related Document Number:10 ..(Wilensky, Margot) Related: [-]
13		13 respm Declaration in Support of Motion Fri 05/03 5:08 PM DECLARATION of Fumagalli in Support re:10 MOTION for Preliminary Injunction .. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) Related: [-]
12		12 respm Declaration in Support of Motion Fri 05/03 5:06 PM DECLARATION of Margot N. Wilensky in Support re:10 MOTION for Preliminary Injunction .. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) Related: [-]
		Att: 1 Exhibit Mtn Ex. A_Registration Certificate_4,741,874,
		Att: 2 Exhibit Mtn Ex. B_Registration Certificate_4,940,366,
		Att: 3 Exhibit Mtn Ex. C_Registration Certificate_6,700,936
11		11 30+ pgs respm Memorandum of Law in Support of Motion Fri 05/03 5:02 PM MEMORANDUM OF LAW in Support re:10 MOTION for Preliminary Injunction . . Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) Related: [-]
10		10 motion Preliminary Injunction Fri 05/03 4:46 PM MOTION for Preliminary Injunction . Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) Related: [-]
9		9 misc Rule 7.1 Corporate Disclosure Statement Fri 05/03 3:52 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bestway Enterprise Co. Ltd., Corporate Parent Bestway Global Holding Company Inc. for Bestway (USA), Inc., Bestway Inflatables & Material Corp.. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) Related: [-]
Thursday, April 25, 2024
		misc Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement Thu 04/25 2:23 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Margot Nicole Wilensky to RE-FILE Document No. 3 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (kw) Related: [-]
Wednesday, April 24, 2024
8		8 service Summons Issued Wed 04/24 3:57 PM ELECTRONIC SUMMONS ISSUED as to Merkury Innovations, LLC. (vf) Related: [-]
Tuesday, April 23, 2024
7		7 service Request for Issuance of Summons Tue 04/23 4:14 PM REQUEST FOR ISSUANCE OF SUMMONS as to MERKURY INNOVATIONS, LLC, re:1 Complaint,. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) Related: [-]
6		6 1 pgs misc AO 120 Form Trademark - Case Opening - Submitted Tue 04/23 2:18 PM 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)..(sj) Related: [-]
		notice Case Opening Initial Assignment Notice Tue 04/23 2:10 PM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(sj) Related: [-]
		utility Case Designation Tue 04/23 2:12 PM Magistrate Judge Sarah L. Cave 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (sj) Related: [-]
		utility Case Designated ECF Tue 04/23 2:12 PM Case Designated ECF. (sj) Related: [-]
		misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Tue 04/23 2:16 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Margot Nicole Wilensky to RE-FILE Document No. 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Plaintiff's attorney information omitted on PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) Related: [-]
Monday, April 22, 2024
5		5 service Request for Issuance of Summons Mon 04/22 9:24 PM FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Merkury Innovations, LLC, re:1 Complaint. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp..(Wilensky, Margot) Modified on 4/23/2024 (sj) Related: [-]
4		4 misc Civil Cover Sheet Mon 04/22 9:21 PM CIVIL COVER SHEET filed..(Wilensky, Margot) Related: [-]
3		3 misc Rule 7.1 Corporate Disclosure Statement Mon 04/22 9:20 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) Related: [-]
2		2 misc AO 120 Form Patent/Trademark - Notice of Submission by Attorney Mon 04/22 9:18 PM AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Wilensky, Margot) Related: [-]
1		1 24 pgs cmp Complaint Mon 04/22 9:13 PM COMPLAINT against Merkury Innovations, LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-29256350)Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C

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