2025-cv-23395

2025-cv-23395 Albion Brand Foundry LTD v. The Partnerships, Unincorporated Associations Identified On Schedule A

Date :7/29/2025
BrandBESTSKY 商标
Court :Southern District of Florida
Law FirmPalmer

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Date

Document

1

July 29, 2025

COMPLAINT against The Partnerships, Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-18656386, filed by ALBION BRAND FOUNDRY LTD.

Exhibit Ex. 1 - Trademark Registration Information

Exhibit Ex. 2 - US CBP Report

Exhibit Ex. 3 - Law Journal Article

Exhibit Ex. 4 - US DHS Report

(Civil Cover Sheet Civil Cover Sheet)

2

July 29, 2025

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 Enjolique A. Lett 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.

3

July 29, 2025

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK

(Complaint) (blc)

4

July 29, 2025

ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES. All discovery disputes and non-dispositive pretrial motions in this matter are REFERRED to Magistrate Judge Enjolique Lett. Signed by Judge Kathleen M. Williams on 7/29/2025. See attached document for full details.

5

July 29, 2025

ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Enjolique A. Lett on 7/29/2025. See attached document for full details.

6

Aug. 31, 2025

MOTION to Seal per Local Rule 5.4 by ALBION BRAND FOUNDRY LTD.

7

Aug. 31, 2025

MOTION for Temporary Restraining Order by ALBION BRAND FOUNDRY LTD. Responses due by 9/15/2025.

Exhibit EX. 1 - Trademark Registration Certificate and Information

Exhibit Ex. 2 - Declaration of Andrew Palmer in support of Motion

Exhibit Ex. 3 - Declaration of Weiqiang Zhang in support of Motion

Exhibit Ex. 4 - Infringing Evidence

8

Sept. 1, 2025

MOTION for Service by Publication and service by email pursuant to Rule 4(f)(3) by ALBION BRAND FOUNDRY LTD.

Exhibit Ex. 1 - Declaration of Palmer in support of Motion

9

Sept. 4, 2025

PAPERLESS ORDER REFERRING MOTIONS. THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Plaintiff's Motion to File Under Seal (DE 6), Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order and Order Restraining Transfer of Assets (DE 7), and Plaintiff's Ex Parte Motion for Order Authorizing Alternate Service of Process on Defendants (DE 8) are REFERRED to Magistrate Judge Enjolique Lett for any appropriate action authorized by law. Signed by Judge Kathleen M. Williams on 9/4/2025.

10

Sept. 22, 2025

NOTICE of Certification Regarding Prior Suits by ALBION BRAND FOUNDRY LTD re [4] Order Referring Case to Magistrate Judge, Notice of Court Practice/to Appear/Other

11

Sept. 30, 2025

PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On July 29, 2025, the Court entered an Order of Referral and Notice of Court Practices and Procedures (DE [4]), which ordered, in part, that "[a]ny request for. entry of temporary restraining order, or entry of preliminary injunction must be filed separately from the Complaint[.]" The Order further specified that "[t]o the extent the operative Complaint is not in compliance with the terms of this Order, Plaintiff shall promptly file an Amended Complaint WITHIN SEVEN (7) DAYS of the date of this Order[,]" and that "[n]oncompliance with any provision of this Order. may subject the offending Party to sanctions, including dismissal of this case." Plaintiff's Complaint is noncompliant with the Court's Order because it requests "temporar[y], preliminar[y], and permanent[]" injunctive relief. (DE [1] at 10). Therefore, Plaintiff had until August 5, 2025 to file a compliant amended complaint, but it has not done so. Accordingly, upon a review of the record, it is ORDERED AND ADJUDGED that this case is DISMISSED WITHOUT PREJUDICE and CLOSED. See Chiron Recovery Ctr., LLC v. United Healthcare Servs., Inc., 438 F. Supp. 3d 1346, 1356 (S.D. Fla. 2020) ("When a party fails to comply with a court order, a court may dismiss the action.") (citing Zocaras v. Castro, 456 F.3d 479, 483 (11th Cir. 2006)); Ruth v. Deal, No. 5:18-cv-34, 2019 WL 3326238, at *1-3 (S.D. Ga. June 20, 2019) (after ordering plaintiff to file amended complaint to correct certain procedural errors and plaintiff failing to do so, sua sponte ordering clerk to dismiss complaint without prejudice pursuant to "Federal Rule of Civil Procedure 41(b) [and] the court's inherent authority to manage its docket") (citations omitted). Signed by Judge Kathleen M. Williams on 9/30/2025.

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