2024-cv-20941

COMPLAINT against The Corporations, Limited Liability Companies, and Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-17359503, filed by Tushbaby, Inc.

Exhibit 1 to Complaint (Copyrights)

(Civil Cover Sheet)

Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent.

FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE A copy of all documents was mailed to the Director of the U.S. Copyright Office.

Complaint

(Exhibit) (nan)

Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Tushbaby, Inc.

Plaintiff's MOTION for Leave to File Excess Pages re Memorandum of Law in Support of Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery by Tushbaby, Inc.

SYSTEM ENTRY - Docket Entry 6 [motion] restricted/sealed until further notice. (1449442) (Text entry; no document attached.)

(Text of Proposed Order)

Plaintiff's MOTION to Seal per Local Rule 5.4 by Tushbaby, Inc.

(Text of Proposed Order)

NOTICE of Attorney Appearance by Marshall Dore Louis on behalf of Tushbaby, Inc. Attorney Marshall Dore Louis added to party Tushbaby, Inc.(pty:pla).

Notice of Pending, Refiled, Related or Similar Actions by Tushbaby, Inc.

ORDER OF REASSIGNMENT to Judge David S. Leibowitz for all further proceedings, Judge Kathleen M. Williams no longer assigned to case. Signed by Judge Kathleen M. Williams on 3/22/2024. See attached document for full details.

ORDER granting 5 Motion for Page-Limit Enlargement. Signed by Judge David S. Leibowitz on 4/17/2024. See attached document for full details.

NOTICE SETTING STATUS CONFERENCE. Status Conference set for 4/24/2024 02:00 PM in Fort Lauderdale Division before Judge David S. Leibowitz. Signed by Judge David S. Leibowitz on 4/17/2024. See attached document for full details.

NOTICE SETTING STATUS CONFERENCE: Status Conference set for 4/24/2024 02:30 PM in Fort Lauderdale Division before Judge David S. Leibowitz. Signed by Judge David S. Leibowitz on 4/19/2024. See attached document for full details.

SYSTEM ENTRY - Docket Entry 14 [motion] restricted/sealed until further notice. (969182) (Text entry; no document attached.)

NOTICE of Striking DE 14 by Tushbaby, Inc.

SYSTEM ENTRY - Docket Entry 16 [motion] restricted/sealed until further notice. (969182) (Text entry; no document attached.)

PAPERLESS Minute Entry for proceedings held before Judge David S. Leibowitz: Status Conference held on 4/24/2024. Total time in court: 10 minutes. Attorney Appearance(s): Marshall Dore Louis, Nicole Fundora, Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov.

NOTICE of Attorney Appearance by Jianyin Liu on behalf of Shiaon, Fleerose. Attorney Jianyin Liu added to party Shiaon(pty:dft), Attorney Jianyin Liu added to party Fleerose(pty:dft).

"STRICKEN" NOTICE of Voluntary Dismissal of Defendant Rough Road 2015 by Tushbaby, Inc. Modified on 5/15/2024 (ls). (per DE #23)

"STRICKEN" Amended MOTION for Preliminary Injunction Against Certain Defendants by Tushbaby, Inc.

Declaration of Tamara Rant

Exhibit 1

(Exhibit 2) Modified on 5/15/2024 (ls). (per DE #23)

"STRICKEN" NOTICE of Voluntary Dismissal of Defendant Agudan Global by Tushbaby, Inc. Modified on 5/15/2024 (ls). (per DE #23)

"STRICKEN" Plaintiff's NOTICE of Filing Proposed Orders by Tushbaby, Inc. re 20 Amended MOTION for Preliminary Injunction Against Certain Defendants

Text of Proposed Order as to Fleerose

Text of Proposed Order as to Fruiteam Home

Text of Proposed Order as to Shiaon

(Text of Proposed Order as to Zooyee) Modified on 5/15/2024 (ls). (per DE #23)

NOTICE of Striking 22 Notice (Other), filed by Tushbaby, Inc., 21 Notice of Voluntary Dismissal filed by Tushbaby, Inc., 20 Amended MOTION for Preliminary Injunction Against Certain Defendants filed by Tushbaby, Inc., 19 Notice of Voluntary Dismissal filed by Tushbaby, Inc. by Tushbaby, Inc.

RESPONSE in Opposition re 20 Amended MOTION for Preliminary Injunction Against Certain Defendants filed by Fleerose. Replies due by 5/24/2024.

Exhibit A-Fleerose's Copyright

Exhibit B- Fleerose's Design Patent

Exhibit C- Plf's Product Page

Exhibit D- Plf's Product Page Amazon

(Exhibit E - 3rd Party's Utility Patent)

Notice of Pending, Refiled, Related or Similar Actions by Tushbaby, Inc.

ORDER TO SHOW CAUSE REGARDING JOINDER OF PARTIES. Plaintiff shall file a response to this Order no later than July 19, 2024. Set/Reset Deadlines/Hearings as to (Responses due by 7/19/2024.) A hearing is SCHEDULED for Friday, July 26, 2024, at 2:00 p.m. on this matter. Counsel of record must appear in person at the United States Courthouse, 299 E. Broward Boulevard, Courtroom 202A, Fort Lauderdale, Florida 33301. Signed by Judge David S. Leibowitz on 7/1/2024. See attached document for full details.

Set/Reset Hearings Miscellaneous Hearing set for 7/26/2024 02:00 PM in Fort Lauderdale Division before Judge David S. Leibowitz. per Order, DE# 26. (Text entry; no document attached.)

RESPONSE TO ORDER TO SHOW CAUSE re 26 Order to Show Cause, Set/Reset Motion/R&R Deadlines and Hearings, by Tushbaby, Inc.

Exhibit 1

Exhibit 2

(Exhibit 3)

PAPERLESS Minute Entry for proceedings held before Judge David S. Leibowitz: Hearing on Order to Show Cause Regarding Joinder of Parties held on 7/26/2024. Total time in court: 45 minutes. Attorney Appearance(s): Marshall Dore Louis

ORDER denying 16 Ex Parte Motion. The Clerk of Court is directed to assign any refiled cases against any of the five (5) severed Defendants to the undersigned. The Clerk of Court is instructed to ADMINISTRATIVELY CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Plaintiff has thirty (30) days from the date of this Order to file an amended complaint that conforms to the requirements of this Order and move to reopen the case. Signed by Judge David S. Leibowitz on 8/8/2024. See attached document for full details. (amb) Modified on 8/19/2024

Civil Case Terminated per DE 29. Closing Case. (Text entry; no document attached.)

ORDER. No later than August 28, 2024, attorney Jianyin Liu shall withdraw his appearance as counsel in this case on behalf of Shiaon and Fleerose and/or make a notice of appearance on behalf of a party who is a defendant in this action. Signed by Judge David S. Leibowitz See attached document for full details.

MOTION to Withdraw as Attorney by Jianyin Liu for / by Fleerose, Shiaon. Responses due by 9/5/2024.

ORDER granting 31 Motion to Withdraw as Attorney. Jianyin Liu representing Shiaon (Defendant) and Fleerose (Defendant) withdrawn from case. Signed by Judge David S. Leibowitz on 8/22/2024. See attached document for full details.

Plaintiff's AMENDED COMPLAINT against Baby-carrier, filed by Tushbaby, Inc.

(Exhibit 1)

NOTICE of Attorney Appearance by James Murray Slater on behalf of Tushbaby, Inc. Attorney James Murray Slater added to party Tushbaby, Inc.(pty:pla).

ORDER OF TRANSFER to Judge David S. Leibowitz for all further proceedings, accepted and signed on 08/28/2024. Judge Jose E. Martinez no longer assigned to case. This case is CONSOLIDATED with Case No. 24-cv-20941-DSL. All pleadings filed after this date shall be filed under Case No. 24-cv-20941-DSL. The Clerk shall CLOSE Case No. 24-cv-23228-DSL for administrative purposes only. Signed by Judge Jose E. Martinez on 8/28/2024. See attached document for full details.

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Leo L. Lichtman. Filing Fee $ 200.00 Receipt # AFLSDC-17805702 by Tushbaby, Inc. Responses due by 9/17/2024.

(Text of Proposed Order)

PAPERLESS ORDER granting (36) Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Leo M. Lichtman in case 1:24-cv-20941-DSL. Signed by Judge David S. Leibowitz Associated Cases: 1:24-cv-20941-DSL, 1:24-cv-23228-DSL, 1:24-cv-23230-DSL, 1:24-cv-23231-DSL

MOTION to Reopen Case by Tushbaby, Inc.

(Text of Proposed Order)

ORDER granting 38 Motion to Reopen Case. The Clerk of Court is DIRECTED to reopen this case. Signed by Judge David S. Leibowitz on 9/5/2024. See attached document for full details.

NOTICE of Voluntary Dismissal of Baby-Carrier only without prejudice by Tushbaby, Inc.

AMENDED COMPLAINT against Momcozy Maternity Essential, filed by Tushbaby, Inc.

Exhibit 1

Exhibit 2

(Exhibit 3)

AMENDED COMPLAINT against CozyOne Shop, filed by Tushbaby, Inc.

Exhibit 1

Exhibit 2

(Exhibit 3)

Plaintiff's MOTION to Withdraw as Attorney by Marshall Dore Louis and James W. Lee for / by Tushbaby, Inc. Responses due by 10/2/2024.

(Text of Proposed Order)

Order Dismissing Party Baby-carrier. The instant action is DISMISSED without prejudice as to Defendant Baby-Carrier. This case will remain the lead case with any remaining Defendants. Signed by Judge David S. Leibowitz on 9/18/2024. See attached document for full details.

NOTICE of Voluntary Dismissal against Cogesu US without prejudice by Tushbaby, Inc.

NOTICE of Voluntary Dismissal against Bogiwell Direct without prejudice by Tushbaby, Inc.

ORDER granting 43 Motion to Withdraw as Attorney. Marshall Dore Louis representing Tushbaby, Inc. (Plaintiff) and Tushbaby, Inc. (Consol Defendant) withdrawn from case. Signed by Judge David S. Leibowitz on 9/19/2024. See attached document for full details.

Order Dismissing Party Cogesu US. Plaintiff's Notice of Voluntary Dismissal Without Prejudice of Defendant Cogesu US [ECF No. 44 ], filed on September 19, 2024. The instant action is DISMISSED without prejudice as to Defendant Cogesu US. Signed by Judge David S. Leibowitz on 9/19/2024. See attached document for full details.

Order Dismissing Party BogiWell Direct (a Foreign Corporation). Plaintiff's Notice of Voluntary Dismissal Without Prejudice of Defendant Bogiwell Direct [ECF No. 45 ], filed on September 19, 2024. The instant action is DISMISSED without prejudice as to Defendant Bogiwell Direct. Signed by Judge David S. Leibowitz on 9/19/2024. See attached document for full details.

CERTIFICATE OF SERVICE by Tushbaby, Inc. re 47 Order on Motion to Withdraw as Attorney

MOTION for Temporary Restraining Order by Tushbaby, Inc. Responses due by 10/11/2024.

Declaration of Tammy Rant

(Declaration of Adrian Punderson)

AFFIDAVIT refiled with exhibit attached signed by: Tammy Rant re 51 MOTION for Temporary Restraining Order by Tushbaby, Inc.

(Exhibit 1)

ORDER re 51 MOTION for Temporary Restraining Order filed by Tushbaby, Inc. Plaintiff shall email a proposed order to leibowitz@flsd.uscourts.gov in Word format no later than Monday, October 7, 2024. Signed by Judge David S. Leibowitz on 9/30/2024. See attached document for full details.

Plaintiff's MOTION to Withdraw as Attorney by James Lee for / by Tushbaby, Inc. Responses due by 10/16/2024.

(Text of Proposed Order)

ORDER granting 54 Motion to Withdraw as Attorney. James W Lee representing Tushbaby, Inc. (Plaintiff) withdrawn from case. Signed by Judge David S. Leibowitz on 10/3/2024. See attached document for full details.

CERTIFICATE OF SERVICE by Tushbaby, Inc. re 55 Order on Motion to Withdraw as Attorney

NOTICE of Attorney Appearance by Luca Lee Hickman on behalf of Momcozy Maternity Essential. Attorney Luca Lee Hickman added to party Momcozy Maternity Essential(pty:condft).

NOTICE of Attorney Appearance by Brandon Todd Holmes on behalf of Momcozy Maternity Essential. Attorney Brandon Todd Holmes added to party Momcozy Maternity Essential(pty:condft).

ORDER granting Plaintiff's Application for Temporary Restraining Order [ECF No. 51]. Preliminary Injunction Hearing set for 10/18/2024 at 09:00 AM in Fort Lauderdale Division before Judge David S. Leibowitz. Plaintiff shall email a proposed order to leibowitz@flsd.uscourts.gov in Word format no later than Tuesday, October 15, 2024. Any response or opposition to Plaintiff's Motion for Preliminary Injunction must be filed and served on Plaintiff's counsel on or before October 14, 2024. Plaintiff shall file any Reply Memorandum on or before October 17, 2024. Signed by Judge David S. Leibowitz See attached document for full details.

Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ruoting Men. Filing Fee $ 200.00 Receipt # AFLSDC-17897703 by Momcozy Maternity Essential. Responses due by 10/23/2024.

PAPERLESS ORDER granting 60 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Ruoting Men. Signed by Judge David S. Leibowitz

Defendant's EMERGENCY MOTION with Certification of Emergency included by Momcozy Maternity Essential. Responses due by 10/24/2024.

Gong Declaration

Exhibit A - Utility Patents

Exhibit B - Plaintiff's submission to USPTO

Exhibit C - Plaintiff's Response to Office action

Exhibit D - Office Action

Exhibit E - USPTO Document Rant decl

Exhibit F - Promotion photos

(Exhibit G - Bond Order in mad-1-2023-cv-12587-00071)

ORDER granting 62 Emergency Motion with Certification of Emergency. The Court's Order granting Plaintiff's Application for Temporary Restraining Order [ECF No. 59] is VACATED as to Defendant MomCozy Maternity Essential. Plaintiff may submit any supplemental briefing on its Motion for Preliminary Injunction given this Court's Order Vacating the Temporary Restraining Order as to Defendant MomCozy Maternity Essential no later than Monday October 14, 2024. Defendant may submit a response to any supplemental briefing Plaintiff submits no later than Wednesday, October 16, 2024. The Court will hear oral argument on Plaintiff's Motion for Preliminary Injunction as to both Defendants MomCozy Maternity Essential and CozyOne Shop at the previously scheduled hearing on Friday, October 18, 2024, at 9:00 a.m., in Courtroom 202A at the U.S. Courthouse, 299 E. Broward Boulevard, Fort Lauderdale, Florida. Plaintiff shall email a proposed order on its Motion for Preliminary Injunction to leibowitz@flsd.uscourts.gov in Word format no later than Tuesday, October 15, 2024. Signed by Judge David S. Leibowitz See attached document for full details.

NOTICE of Attorney Appearance by Jianyin Liu on behalf of CozyOne Shop. Attorney Jianyin Liu added to party CozyOne Shop(pty:condft).

RESPONSE in Opposition re 51 MOTION for Temporary Restraining Order and Preliminary Injunction filed by CozyOne Shop. Replies due by 10/21/2024.

RESPONSE to Motion re 62 Defendant's EMERGENCY MOTION with Certification of Emergency included filed by Tushbaby, Inc. Replies due by 10/21/2024.

NOTICE of Voluntary Dismissal of Defendant CozyOne Shop without prejudice by Tushbaby, Inc.

Unopposed MOTION to Stay re 63 Order on Emergency Motion with Certification of Emergency, Cancel the Oct. 18, 2024 Hearing by CozyOne Shop. Responses due by 10/29/2024.

ORDER. Plaintiff stated in its Response to MomCozy's Motion to Vacate the Temporary Restraining Order [ECF No. 66] that it requests that the hearing on Plaintiff's Motion for Preliminary Injunction scheduled for Friday, October 18, 2024, at 9:00 a.m. be adjourned. Thus, the hearing scheduled for Friday, October 18, 2024, at 9:00 a.m. in this matter is CANCELED. Defendant CozyOne Shop's Unopposed Motion to Cancel Hearing [ECF No. 68] is DENIED AS MOOT. Signed by Judge David S. Leibowitz on 10/15/2024. See attached document for full details.

ORDER Dismissing Case (Without Prejudice) as to CozyOne Shop. Signed by Judge David S. Leibowitz on 10/15/2024. See attached document for full details.

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Dandan Pan. Filing Fee $ 200.00 Receipt # AFLSDC-17908703 by Momcozy Maternity Essential. Responses due by 10/30/2024.

PAPERLESS ORDER granting 71 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Dandan Pan. Signed by Judge David S. Leibowitz

Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Tao Liu. Filing Fee $ 200.00 Receipt # AFLSDC-17924543 by Momcozy Maternity Essential. Responses due by 11/5/2024.

Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Wei Wang. Filing Fee $ 200.00 Receipt # AFLSDC-17924555 by Momcozy Maternity Essential. Responses due by 11/5/2024.

PAPERLESS ORDER granting 73 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Tao Liu. Signed by Judge David S. Leibowitz

PAPERLESS ORDER granting 74 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Wei Wang. Signed by Judge David S. Leibowitz

ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand, COUNTERCLAIM against Tushbaby, Inc. by Momcozy Maternity Essential.

MOTION TO DISMISS 77 Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM by Tushbaby, Inc. Responses due by 12/10/2024.

Affidavit Declaration of Leo M. Lichtman Regarding Service

(Exhibit Exhibit A to Lichtman Declaration)

RESPONSE to 78 MOTION TO DISMISS 77 Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM by Momcozy Maternity Essential.

REPLY to Response to Motion re 78 MOTION TO DISMISS 77 Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM filed by Tushbaby, Inc.

ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 1/8/2025 Signed by Judge David S. Leibowitz on 12/19/2024. See attached document for full details.

Amended Corporate Disclosure Statement by Tushbaby, Inc.

Joint SCHEDULING REPORT - Rule 16.1 by Tushbaby, Inc.

(Text of Proposed Order Proposed Scheduling Order)

Certificate of Other Affiliates/Corporate Disclosure Statement by Momcozy Maternity Essential identifying Corporate Parent Shenzhen Sichuang Tiancheng E-Commerce Co., Ltd, d/b/a Momcozy Maternity Essential for Momcozy Maternity Essential, Momcozy Maternity Essential Modified Text on 1/9/2025

ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 4/20/2026 in Fort Lauderdale Division before Judge David S. Leibowitz., Calendar Call set for 4/6/2026 02:00 PM in Fort Lauderdale Division before Judge David S. Leibowitz.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Ch. Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge David S. Leibowitz on 1/8/2025. See attached document for full details. (nan) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.

MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Ch. Magistrate Judge Jonathan Goodman on 1/21/2025. See attached document for full details.

ORDER granting in part and denying in part 78 Motion to Dismiss for Failure to State a Claim. Momcozy's Counterclaims [ECF No. 77 at 12-17] are DISMISSED WITHOUT PREJUDICE. Momcozy shall file a motion for leave to file Amended Counterclaims with a copy of the Amended Counterclaims attached that cures the deficiencies noted and is not a shotgun pleading no later than March 28, 2025. Amended Pleadings due by 3/28/2025. Signed by Judge David S. Leibowitz on 3/6/2025. See attached document for full details.

NOTICE of Mediator Selection. Selected/Added Mark Stein as Mediator.

(Text of Proposed Order)

ORDER Scheduling Mediation before Mediator Mark Stein. Mediation Hearing set for 12/1/2025 10:00 AM Signed by Judge David S. Leibowitz on 3/28/2025. See attached document for full details.

MOTION for Extension of Time to Amend 87 Order on Motion to Dismiss for Failure to State a Claim, by Momcozy Maternity Essential. Responses due by 4/17/2025.

Exhibit Ex. A - Proposed Counterclaims

(Text of Proposed Order Proposed Order Granting Motion)

RESPONSE in Opposition re 90 MOTION for Extension of Time to Amend 87 Order on Motion to Dismiss for Failure to State a Claim, filed by Tushbaby, Inc. Replies due by 4/21/2025.

(Declaration of James Slater with Exhibits)

REPLY in Support of Motion re 90 MOTION for Extension of Time to Amend 87 Order on Motion to Dismiss for Failure to State a Claim. filed by Momcozy Maternity Essential.

ORDER denying 90 Motion for Extension of Time to Amend. Signed by Judge David S. Leibowitz See attached document for full details.

STIPULATION of Dismissal by Tushbaby, Inc.

ORDER. This action is DISMISSED with prejudice as to Defendant Momcozy Maternity Essentials. The parties shall bear their own costs and attorneys' fees. Additionally, Plaintiff is instructed to file a status report indicating whether any defendants remain in this action no later than July 18, 2025.Order Dismissing Party Momcozy Maternity Essential (a Foreign Corporation) and Momcozy Maternity Essential (a Foreign Corporation), (Status Report due by 7/18/2025.) Signed by Judge David S. Leibowitz on 7/14/2025. See attached document for full details.

STATUS REPORT per D.E. 95 by Tushbaby, Inc.

ORDER Dismissing Case / Closing Case. (With Prejudice) Signed by Judge David S. Leibowitz on 7/16/2025. See attached document for full details.

FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE.

Order of Dismissal