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2026-cv-03709

法院：纽约南区法院
发案日期：2026-05-05
原告：MERCIS B.V.
代理律所：Whitewood
诉讼类型：商标、版权
# Date Description
[+] 1 2026-05-05 COMPLAINT against the individuals, corporations, limited liability companies, partnerships, and unincorporated associations identified on Schedule A. (Filing Fee $ 405.00, Receipt Number ANYSDC-32802071)Document filed by Mercis B.V.
2 2026-05-05 CIVIL COVER SHEET filed.
3 2026-05-05 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.
4 2026-05-05 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.
5 2026-05-05 NOTICE OF APPEARANCE by Shengmao Mu on behalf of Mercis B.V.
[+] 6 2026-05-05 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mercis B.V.
7 2026-05-06 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.
8 2026-05-06 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).
9 2026-05-07 MOTION to Seal certain documents. Document filed by Mercis B.V.
10 2026-05-07 EX PARTE MOTION for Temporary Restraining Order. Document filed by Mercis B.V. (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
11 2026-05-07 MEMORANDUM OF LAW in Support re: 10 EX PARTE MOTION for Temporary Restraining Order. Document filed by Mercis B.V.
12 2026-05-07 DECLARATION of Shengmao Mu in Support re: 10 EX PARTE MOTION for Temporary Restraining Order. Document filed by Mercis B.V.
13 2026-05-07 DECLARATION of Jay Paragoso in Support re: 10 EX PARTE MOTION for Temporary Restraining Order. Document filed by Mercis B.V.
14 2026-05-07 ***SEALED***REDACTION to 1 Complaint, complaint containing Defendant information by Mercis B.V. Motion or Order to File Under Seal: 9.
15 2026-05-07 ***SEALED***REDACTION to 14 Redacted Document Exhibit 3-1 Infringing Evidence by Mercis B.V. Motion or Order to File Under Seal: 9.
16 2026-05-07 ***SEALED***REDACTION to 14 Redacted Document Exhibit 3-2 Infringing Evidence by Mercis B.V. Motion or Order to File Under Seal: 9.
17 2026-05-07 ***SEALED***REDACTION to 14 Redacted Document Schedule A Defendant List by Mercis B.V. Motion or Order to File Under Seal: 9.
18 2026-05-07 ***SEALED***REDACTION to 12 Declaration in Support of Motion Exhibit 1 - Mu Declaration - Address look up by Mercis B.V. Motion or Order to File Under Seal: 9.
[+] 19 2026-05-07 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Mercis B.V. Related Document Number: 10. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
20 2026-05-07 ORDER: The Court will hold a virtual hearing to discuss Plaintiff's application for a temporary restraining order and related motions, see Dkts. 9, 10, on May 11, 2026, at 10:00 a.m. via Microsoft Teams. The public listen-only line may be accessed by dialing Phone Number: 646- 453-4442 | Phone conference ID: 563 512 718#. SO ORDERED. (Status Conference set for 5/11/2026 at 10:00 AM before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 5/7/2026)
[+] 21 2026-05-10 NOTICE OF APPEARANCE by Keaton David Smith on behalf of Mercis B.V.
22 2026-05-11 ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: The Infringing Products are set forth in Exhibits 3-1 and 3-2, which are attached to this Order. Plaintiff's allegations are presumed to be true solely for purposes of adjudicating its request for this Order. Plaintiff shall deposit with the Court Five Thousand Dollars ($5,000.00),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. The Clerk of Court is respectfully directed to unseal the Complaint, Dkt. 14; Exhibit 3 of the Complaint, Dkts. 15, 16; Schedule A of the Complaint, Dkt. 17; and Exhibit 1 to the Declaration of Shengmao Mu, Dkt. 18. Show Cause Hearing set for 5/27/2026 at 11:00 AM before Judge Jennifer L. Rochon. The hearing will be held virtually, via Microsoft Teams. Show Cause Response due by 5/22/2026. This Temporary Restraining Order without notice is entered at 11:00 a.m. on May 11, 2026, and shall remain in effect for fourteen (14) days. (And as further set forth herein.) (Signed by Judge Jennifer L. Rochon on 5/11/2026) (jca) Transmission to Finance Unit (Cashiers) for processing. Transmission to Office of the Clerk of Court for processing.
23 2026-05-14 EMERGENCY MOTION for Temporary Restraining Order. Document filed by Mercis B.V. (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
24 2026-05-14 MEMORANDUM OF LAW in Support re: [23] EMERGENCY MOTION for Temporary Restraining Order. Document filed by Mercis B.V.
[+] 25 2026-05-14 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Mercis B.V. Related Document Number: [23]. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
[+] 26 2026-05-15 ORDER granting 23 Motion for TRO. The Court is in receipt of Plaintiff's motion seeking modification of the temporary restraining order entered in this matter. Dkt. 23. Having reviewed Plaintiff's submissions at Dkts. 23 to 25, the Court amends the Order to Show Cause for Preliminary Injunction and Temporary Restraining Order, Dkt. 22 ("the TRO"), as follows: Paragraph two on page five of the TRO is amended to remove Coinbase Global, Inc. (Coinbase) from the definition of Financial Institutions. Accordingly, Coinbase is no longer subject to the TRO; In Coinbases place, WhaleCo Inc. (Temu) shall be added to the definition of Financial Institutions and thereby bound by the TRO and the provisions thereof; Any opposing papers by Temu shall be filed and served on or before May 26, 2026, at 5:00 p.m.; This amendment to the TRO is entered at 12:00 p.m. on May 15, 2026. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 23. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 5/15/2026)
27 2026-05-20 BOND ON INJUNCTION # S-412769 in the amount of $ 5,000.00 posted by Mercis B.V.
28 2026-05-26 LETTER MOTION to Continue Show Cause Hearing for a Preliminary Injunction and extension of TRO addressed to Judge Jennifer L. Rochon from Shengmao Mu dated May 26, 2026. Document filed by Mercis B.V.
29 2026-05-26 ORDER granting 28 Letter Motion to Continue. The Court is in receipt of Plaintiffs request to extend Defendants deadline to file papersopposing the issuance of a preliminary injunction in this matter, to adjourn the preliminaryinjunction hearing, and to extend the Temporary Restraining Order until the adjourned hearing isheld. See Dkt. 28 at 1. The requests are GRANTED.Defendants shall file papers in opposition to Plaintiffs request for the issuance of apreliminary injunction by June 3, 2026. The preliminary injunction hearing, currently scheduledfor May 27, 2026, is adjourned to June 8, 2026, at 2:30 p.m. and will be held by video onMicrosoft Teams. Counsel will receive log-in credentials at the email addresses on the docket.The public listen-only line may be accessed by dialing Phone Number: 646-453-4442 | Phoneconference ID: 433 352 216#.The Temporary Restraining Order, see Dkts. 22, 26, shall remain in effect through June8, 2026. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 28. SO ORDERED. Show Cause Hearing set for 6/8/2026 at 02:20 PM before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 5/26/2026)
30 2026-06-01 NOTICE OF APPEARANCE by Xintong Lyu on behalf of Defendant No. 47 OMPRESS.
31 2026-06-01 CERTIFICATE OF SERVICE of the Complaint, TRO, all signed Orders and scheduling orders, and all other documents served on Anna big store,Art1177,AWENSHOP,AZPEPSI,Ball Hop Official Store,bashijiuxiaodian,BINBIN1234,BLGWCC,Bloazife,Booda Design,BQZQPAMZ,Callist,Canggai'store,cangnanxiantianrenkejiyouxiangongsi,CZGCGYLY, dengzhoushiyulanshangmaoyouxiangongsi,Dongguan Mingyang Network Co., Ltd.,DTTXDZ,DTXWHDZSW,ELZAX,Employee,Eroerl,Famonz,Fan Hanguo International Trade,FRMRIGUO1,gaoqiqiangmeiguoyudian,GUAACCB,guangzhouhongmengshangmao,guangzhoujianjumaoyiyouxiangongsi, GY ARTCharms,Hin Yiqi,Huanbing Trading,hunanhanyujiankangkejiyouxiangongsi,Jinhua Wucheng District Zhuowen E-Commerce Co., Ltd.,jiqingtop,kunmingwadanlishangmaoyouxiangongsi,LEISHENG123,LingShiXiangTongXiaoShouYouXianGongSi, LINMEIZAI,LUSHIHAO888,LXSJH,Meimingyang,Mivota,Nanfengling,Naughty small shop,NNBBDD88,OMPRESS,peixionglixi,pingqiu,POPTOP-US,Putian Chengxiang Hangan Cross-border E-commerce,pyzmeiguo,QINQUNLI,Qiuping Store1,QYJC Mall--US,QZ Mall--US,rongkushangmao,SINPING,TAOTOP-US,TBRZTR,tingzhilanstore,ToysLiu,under the table,WeiYeye,WLGDLH,WNC66,woshiruiqian,woshiwangyang,WQOWEHI,WUSHENGHAI SHOP,X&D Nail Salon,XiaoShiJie 168,Xiaosttao,XINGXIANGYUN,XINzhu,XIU YUN STORE,Xuqingtop,YANGYUANSHOP,Yikaiye,youhaode,YOUJ STORE,Yunmei inc,Yunxiangyuan,YZ Mall--US,ZhangJiaKouZhiYiJianZhuGongCheng,ZIFANHU,ZJL lucky,Zoocust,ZWENJIE US,Clthngie,Di Li Zi,Fopia,foshanshidiaofudaoshangmao,foshanshiqitongqishangmao,General Daily Finds Store,GTB,jiejiehongyunshangmao,laan6nbg,LFYDAMAI,LGJ,Lux Outlet Store,RuoNan toys store,SONGDIAN,taininuomaoyi,turong,Walwish,wanglie.llc,Whalegree,WONIMA,xingbaohua, YKHSG store,Artisan Workspace,baodansixteenthousand,Blanket Flying Man,Blooming Interiors,BLOOMOU,BVVIVESHOP,Candy Blanket,CasePipi Phone Cases,CaseVibe shop,Charming Interiors,chenchunmin,CHENZHISHUO,Colorful Cases shop,Comfort Cove Decor,Couture Corner art,Deer bumping,Direct to the shopping mall,Dream Details,Evergreen Elegance,Fashionable Beauty Hall,FashionShopQuality,FIRST PILLOW,GONGXIFACAG,GripChic Case,GripStyle,HEDOUDOU,HExiaojin,HTD CASE,HUA Kai,HuaCheng digital,HXlife,J CD Matelier,JINMIAO local,JINSHUI SHOP,Joyful Convenience,JZZhuo local,KOSFSAKA,LemonCZ,linsonwenjushandian,Living Harmony,Llanam,manyouke,MemoryLML,Meng Shell Planet,MINxiaohong,Moonesd,Mossyss,Mystic Mood Decor,NCRXPA,Nestly Living,NovnGuad,Oh case craze,PrimeGuard,Pure Essence Interiors,QoQ Blankets,quilmes,Rice Grain Art,Rich idle fish,S CD Kitchen furniture,Shell Fun Factory,ShieldStyle Case,Shop DDlucky local,SHUNSHUNNIMAN,Tingyun Network,Tranquil Charms,Twinkle Jewels,vivishoujike,Vvid,WANGYU SHOP,WaWuuu Case,Whitess,Winwayse,Wonderland Case,XIANXISHO,XS FDSGF G,XS J,XS LCXFGER,Xubeide Case,XYPerfect Digital,YEIHGU,YHZC Case,Yi Case,YIPIEYINA,Yiyu case,Yohi DE,YoYodss,Zoey Case,ZXZ Customized Shop on May 26, 2026. Document filed by Mercis B.V.
32 2026-06-01 CERTIFICATE OF SERVICE of the Complaint, TRO, all signed Orders and scheduling orders, and all other documents served on SMJQQQ on June 1, 2026. Document filed by Mercis B.V.
33 2026-06-01 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Mercis B.V. Related Document Number: 22. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
34 2026-06-02 OPPOSITION BRIEF re: 33 Proposed Order to Show Cause Without Emergency Relief AND MEMORANDUM OF LAW IN SUPPORT OF DISMISSAL FOR IMPROPER JOINDER AND IMPROPER SERVICE. Document filed by Defendant No. 47 OMPRESS.
[+] 35 2026-06-02 DECLARATION of Liqin Zeng in Support re: 34 Opposition Brief. Document filed by Defendant No. 47 OMPRESS.
[+] 36 2026-06-03 COMPLAINT against Anna big store, Art1177, AWENSHOP, AZPEPSI, Ball Hop Official Store. Document filed by Mercis B.V.
37 2026-06-03 NOTICE of Settlement with Doe #47 OMPRESS. Document filed by Mercis B.V.
[+] 38 2026-06-04 MEMO ENDORSEMENT on re: 37 Notice of Settlement filed by Mercis B.V. ENDORSEMENT: Request GRANTED. All deadlines pertaining to Defendant OMPRESS, including those relating to OMPRESS's Opposition Brief and Motion to Dismiss, Dkt. 34, are adjourned sine die pending execution of the settlement agreement between the parties. The parties shall file either (1) a Notice of Dismissal or (2) a status update by July 3, 2026. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 6/4/2026)
39 2026-06-08 ORDER. The preliminary injunction hearing scheduled for June 8, 2026, at 2:30 p.m. is rescheduled to 2:00 p.m. The public listen-only line may be accessed by dialing Phone Number: 646-453-4442 | Phone conference ID: 433 352 216#. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order)
[+] 40 2026-06-08 PROPOSED ORDER. Document filed by Mercis B.V. Related Document Number: [22]. Proposed Order to be reviewed by Clerk's Office staff.
41 2026-06-09 ORDER: As discussed on the record at the June 8, 2026 preliminary injunction hearing, the Court grants Plaintiff leave to file the unredacted complaint, see Dkt. 36. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 6/9/2026)
[+] 42 2026-06-09 PRELIMINARY INJUNCTION ORDER: The Court has considered Plaintiff MERCIS B.V.'s ("Plaintiff") application for an Order to Show Cause Why a Preliminary Injunction Should Not Issue (the "Motion to Show Cause") and the oral arguments made at the hearing. Based on the papers and other evidence submitted in support of the Motion to Show Cause, and for good cause shown: 1. Plaintiff is likely to prevail on its trademark infringement claims at trial. The injunctive relief previously granted in the Temporary Restraining Order (the "TRO") shall remain in place through the pendency of this action, and issuing this Order is warranted under Federal Rule of Civil Procedure 65, 15 U.S.C. § 1116(a), and 17 U.S.C. § 502. Based on theforegoing, Plaintiff's Motion to Show Cause is hereby GRANTED and it is ORDERED on this 9th day of June, 2026, at 3:00 p.m. The $5,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. 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. Any third party impacted by this Order may move for appropriate relief. (And as further set forth herein.) (Signed by Judge Jennifer L. Rochon on 6/9/2026) (jca) Transmission to Finance Unit (Cashiers) for processing.
[+] 43 2026-06-19 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, without prejudice against the defendant(s) Mivota, OMPRESS. Document filed by Mercis B.V. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
[+] 44 2026-06-22 PLAINTIFFS NOTICE OF VOLUNTARY DISMISSAL:Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff hereby dismisses without prejudice all causes of action in the Complaint against the following Defendants identified in Schedule A to the Complaint: OMPRESS, Defendant No. 47 OMPRESS and Mivota terminated.Each party shall bear their own attorneys fees and costs. Defendants have not filed an answer or a motion for summary judgment in this matter. Therefore, it is respectfully submitted that dismissal under Rule 41(a)(1)(A)(i) is appropriate. The case shall remain against other named Defendants identified in Schedule A to the Complaint. The Clerk of Court is respectfully directed to terminate Mivota and OMPRESS as defendants. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 6/22/2026)