ABC v. DEF

Filing 27

ORDER. It is hereby ORDERED that the TRO will be in effect through November 16, 2020, or until further order of the Court, with two exceptions. First, Section V(E)(1)(c) of the TRO is modified to provide: "the nature of Defendants' business and operations, methods of payment, methods for accepting payment and any and all financial information, including, but not limited to, information associated with Defendants' User Accounts and Defendants' Merchant Storefronts; and." Second, Section V(E)(1)(d) of the TRO is modified to provide: "Defendants' manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale and/or selling of Counterfeit Products." As discussed during the October 28, 2020 teleconference, Plaintiff and Wish shall meet and confer no later than October 29, 2020, to discuss a plan for more limited discovery from Wish, including any proposed search terms, with respect to Wish's du ty under V(E)(1)(d) of the TRO to provide Plaintiff with documents and records concerning products bearing the Socket Shelf Mark or Socket Shelf Works, as defined in the TRO, as well as other marks or artwork that are confusing or substantially simil ar to, identical to, or constitute an infringement of the Socket Shelf Mark or Socket Shelf Works. The Court will conduct a preliminary injunction hearing on November 16, 2020, at 3:30 p.m., via teleconference. At the scheduled time, counsel for all parties who wish to appear should call [phone], access code 9176261. Any Defendant who intends to appear at the hearing must notify the Court of that intent no later than November 12, 2020, by emailing [e-mail] . Any exhibits a party intends to offer at the hearing must be emailed to the Court, at [e-mail], by November 13, 2020. SO ORDERED. (Telephone Conference set for 11/16/2020 at 03:30 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 10/29/2020) (rjm)

Case 1:20-cv-08406-JPC Document 27 Filed 10/29/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------------- X
:
ALLSTAR MARKETING GROUP, LLC,
:
:
Plaintiff,
:
:
-v:
:
AFACAI et al.,
:
:
Defendants.
:
:
---------------------------------------------------------------------- X

10/29/2020

20-CV-8406 (JPC)
ORDER

JOHN P. CRONAN, United States District Judge:
On October 28, 2020, the Court held a telephone conference to discuss ContextLogic Inc.
d/b/a Wish’s (“Wish’s”) motion to intervene and to modify the Temporary Restraining Order
(“TRO”) signed by Judge Paul A. Crotty on October 9, 2020. As stated on the record, it is hereby
ORDERED that the TRO will be in effect through November 16, 2020, or until further order of the
Court, with two exceptions. First, Section V(E)(1)(c) of the TRO is modified to provide: “the nature
of Defendants’ business and operations, methods of payment, methods for accepting payment and
any and all financial information, including, but not limited to, information associated with
Defendants’ User Accounts and Defendants’ Merchant Storefronts; and.”

Second, Section

V(E)(1)(d) of the TRO is modified to provide: “Defendants’ manufacturing, importing, exporting,
advertising, marketing, promoting, distributing, displaying, offering for sale and/or selling of
Counterfeit Products.”
As discussed during the October 28, 2020 teleconference, Plaintiff and Wish shall meet and
confer no later than October 29, 2020, to discuss a plan for more limited discovery from Wish,
including any proposed search terms, with respect to Wish’s duty under V(E)(1)(d) of the TRO to
provide Plaintiff with documents and records concerning products bearing the Socket Shelf Mark

Case 1:20-cv-08406-JPC Document 27 Filed 10/29/20 Page 2 of 2

or Socket Shelf Works, as defined in the TRO, as well as other marks or artwork that are confusing
or substantially similar to, identical to, or constitute an infringement of the Socket Shelf Mark or
Socket Shelf Works.
The Court will conduct a preliminary injunction hearing on November 16, 2020, at 3:30
p.m., via teleconference. At the scheduled time, counsel for all parties who wish to appear should
call [phone], access code 9176261. Any Defendant who intends to appear at the hearing
must notify the Court of that intent no later than November 12, 2020, by emailing
[e-mail]. Any exhibits a party intends to offer at the hearing
must be emailed to the Court, at [e-mail], by November 13,
2020.
SO ORDERED.
Dated: October 29, 2020
New York, New York

__________________________________
JOHN P. CRONAN
United States District Judge

2