Auga v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A

案件号:2026-cv-06342

起诉日期:2026年7月24日

品牌方Kyle Auga 金属动力雕塑

起诉地点:Southern District of New York

代理律所Whitewood

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Date

Document

1

July 24, 2026

COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. (Filing Fee $ 405.00, Receipt Number ANYSDC-33190996)Document filed by Kyle Auga.

(Exhibit 1 - Copyright Registrations)

2

July 24, 2026

CIVIL COVER SHEET filed.

3

July 24, 2026

AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.

4

July 24, 2026

NOTICE OF APPEARANCE by Shengmao Mu on behalf of Kyle Auga.

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. Please download and review the Individual Practices of the assigned District Judge, located at 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 https://nysd.uscourts.gov/rules/ecf-related-instructions.

Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c), Fed. R. Civ. P. 73(b)(1), and Local Civil Rule 73.1, parties are notified that they may, with the approval of the assigned District Judge, consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf.

Case Designated ECF.

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. Please download and review the Individual Practices of the assigned District Judge, located at 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 https://nysd.uscourts.gov/rules/ecf-related-instructions.

5

July 27, 2026

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.

6

July 30, 2026

MOTION to Seal certain documents. Document filed by Kyle Auga.

7

July 30, 2026

***SEALED***REDACTION to 6 MOTION to Seal certain documents., 1 Complaint, Sealed Complaint by Kyle Auga Motion or Order to File Under Seal: 6.

Exhibit 2 - 1 Infringing Evidence

Exhibit 2 - 2 Infringing Evidence

(Exhibit 2 - 3 Infringing Evidence)

8

July 31, 2026

EX PARTE MOTION for Temporary Restraining Order. Document filed by Kyle Auga. (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)

9

July 31, 2026

MEMORANDUM OF LAW in Support re: 8 EX PARTE MOTION for Temporary Restraining Order. Document filed by Kyle Auga.

10

July 31, 2026

DECLARATION of KYLE AUGA in Support re: 8 EX PARTE MOTION for Temporary Restraining Order. Document filed by Kyle Auga.

11

July 31, 2026

DECLARATION of SHENGMAO MU, esq. in Support re: 8 EX PARTE MOTION for Temporary Restraining Order. Document filed by Kyle Auga.

12

July 31, 2026

PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Kyle Auga. Related Document Number: 8. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.

***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 12 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form.

13

Aug. 4, 2026

ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: Based on the foregoing findings of fact and conclusions of law, Plaintiffs Application is hereby GRANTED and it is ORDERED as follows: As sufficient causes have been shown, Defendants are temporarily enjoined and restrained from engaging in any of the following conduct pending the return date of the Application as referenced below: Cease and refrain from manufacturing, advertising, offering for sale, selling, distributing, destroying, selling off, transferring, or otherwise disposing of any Infringing Products; As further set forth in this Order. Plaintiff shall deposit with the Court One Thousand Five Hundred Dollars ($1,500.00), 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. As further set forth in this Order. 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. IT IS FURTHER ORDERED that a hearing shall be held on August 19, 2026 at 10:00 A.M. in which Plaintiff may present their arguments in support of its request for issuance of a preliminary injunction. At such time, any Defendants may also be heard as to opposition to Plaintiffs Application. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before August 14, 2026, and any reply papers shall be filed and served on or before August 18, 2026. This Temporary Restraining Order without notice is entered on August 4, 2026, and shall remain in effect for fourteen (14) days. SO ORDERED (Signed by Judge George B. Daniels on 8/4/2026) (Responses due by 8/14/2026, Replies due by 8/18/2026.) Show Cause Hearing set for 8/19/2026 at 01:00 AM before Judge George B. Daniels. (ks) Transmission to Finance Unit (Cashiers) for processing.

14

Aug. 11, 2026

NOTICE OF APPEARANCE by Keaton David Smith on behalf of Kyle Auga.

15

Aug. 11, 2026

LETTER MOTION to Continue Show Cause Hearing addressed to Judge George B. Daniels from Keaton Smith dated 8/11/2026. Document filed by Kyle Auga.

16

Aug. 13, 2026

MOTION for Ryan Evan Carreon to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-33287442. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kyle Auga.

Affidavit of Ryan E. Carreon

(Proposed Order)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Ryan Evan Carreon to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-33287442. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies.

21

Aug. 14, 2026

BOND ON INJUNCTION # S-440943 in the amount of $ 1,500.00 posted by Kyle Auga.

17

Aug. 17, 2026

ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting 16 Motion for Ryan Evan Carreon to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 8/17/2026)

18

Aug. 17, 2026

CERTIFICATE OF SERVICE. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A served on 8/12/2026, answer due 9/2/2026. Document filed by Kyle Auga.

19

Aug. 17, 2026

ORDER terminating 15 Motion to Continue. The Temporary Restraining Order without notice entered on August 4, 2026 is EXTENDED for an additional fourteen (14) days until September 1, 2026. Defendants' Show Cause Response deadline is August 28, 2026. Plaintiffs Reply Brief deadline is August 31, 2026. The Hearing for a Preliminary Injunction is ADJOURNED until September 10, 2026. If Defendant is served and fails to respond by August 28, 2026, this Court will issue Plaintiffs' request for a Preliminary Injunction. The Clerk of Court is directed to close the open motion at ECF No. 15. SO ORDERED. (Signed by Judge George B. Daniels on 8/17/2026)

Set/Reset Deadlines: Replies due by 8/31/2026. Show Cause Response due by 8/28/2026.

ADD PARTY FOR PLEADING. Defendants/Respondents EdisonHuang, huaiyiyashangmao, Adlora Store, VQGHSKV US, Ebiccn, YSDTHL Hydroponics Flagship, XiAnRenJingHeShangMaoYouXianGongSi, Junan County Baochang Abrasives Factory, LZBFG, JKOJO, Track Fusion Original -US, WuDianXingpm, GianiaChi, xunyoulokeji, DNLUS, atimaoyi, Fenwies-EU, JIEKUNJIANZHU, A1FXBCU44G0JYG, A1G4XZO6SAIOAK, ALA perfect, Vijayli us, A1ICIZSMAEPUC, Strnek1, zhuozhihai, PhpStore, Fenceey, jiongyu, Jiang Good, Wuqiek, Aeonity US, CHENMEIYOUPIN, HuangMeiXianZiCenGeShangMaoYouXianGongSi, PawwJoy, Baosity, LYangHH, JIANGFF, Shudemei, WDDMN, taskihoume, lubajiu, ZJEMY, A1Y0Z7XNZ7NLXM, Taiyuanshixiaodianquyingwangbaihuojingxiaobu, TZ shangmaodianzi ZD, Ang Yiyun, Vestidos de tienda., WJMFL, Xnaidzvs, A248KN11QCPXJM, A24CWCP2HPCVQO, Non-stop talking, Huobingchen, A26BXUE0HIIFAI, Comborte, Ellary Home, Amkish, A29QTQSI79DI8P, STARPOZT, A2AYWUJY171MU6, TWTWSHOP, Jixiaonan-US, Yimshop, zonghe(7-15 days delivery), Pretty fun666, WangZiHanShangMao, menglu shop, yueshang store, SHENLINYANG Department Store, KickKraze added. Party added pursuant to [20] Complaint.Document filed by Kyle Auga. Related document: [20] Complaint.

ADD PARTY FOR PLEADING. Defendants/Respondents Zebomai, BOBOBOB, RONGYE-USA, A2PG2DMPSDKOPI, FortuneBlast, Dufuphae, Shuoxingzhilian, BADAO Happy Emporium, Karlvb5-14 days fast delivery, QiaoYanKuaJing XinXiZiXun, ASTRIYO, positrack, Professional Adaptation, Chair specialty store, NexusMMart, A3V0D8G0YTAR32, A5P18GYGL1CZY, xuanhanrui, shimuhongdia22, AB797F41AV0Z3, Ramonbell_, HEOSHIULY Gift, SANYISAN, GYTRUUS, ShouQuMaoYi added. Party added pursuant to [20] Complaint.Document filed by Kyle Auga. Related document: [20] Complaint.

20

Aug. 17, 2026

COMPLAINT against FENTEER, CEYOME Health Direct, HUASHENG-SHOP, TaiYuanYiJunDianZiKeJiYouXianGongSi, shihewangluo. Document filed by Kyle Auga.

Exhibit 2-1 - Infringing Evidence

Exhibit 2-2 - Infringing Evidence

(Exhibit 2-3 - Infringing Evidence)

ADD PARTY FOR PLEADING. Defendants/Respondents EdisonHuang, huaiyiyashangmao, Adlora Store, VQGHSKV US, Ebiccn, YSDTHL Hydroponics Flagship, XiAnRenJingHeShangMaoYouXianGongSi, Junan County Baochang Abrasives Factory, LZBFG, JKOJO, Track Fusion Original -US, WuDianXingpm, GianiaChi, xunyoulokeji, DNLUS, atimaoyi, Fenwies-EU, JIEKUNJIANZHU, A1FXBCU44G0JYG, A1G4XZO6SAIOAK, ALA perfect, Vijayli us, A1ICIZSMAEPUC, Strnek1, zhuozhihai, PhpStore, Fenceey, jiongyu, Jiang Good, Wuqiek, Aeonity US, CHENMEIYOUPIN, HuangMeiXianZiCenGeShangMaoYouXianGongSi, PawwJoy, Baosity, LYangHH, JIANGFF, Shudemei, WDDMN, taskihoume, lubajiu, ZJEMY, A1Y0Z7XNZ7NLXM, Taiyuanshixiaodianquyingwangbaihuojingxiaobu, TZ shangmaodianzi ZD, Ang Yiyun, Vestidos de tienda., WJMFL, Xnaidzvs, A248KN11QCPXJM, A24CWCP2HPCVQO, Non-stop talking, Huobingchen, A26BXUE0HIIFAI, Comborte, Ellary Home, Amkish, A29QTQSI79DI8P, STARPOZT, A2AYWUJY171MU6, TWTWSHOP, Jixiaonan-US, Yimshop, zonghe(7-15 days delivery), Pretty fun666, WangZiHanShangMao, menglu shop, yueshang store, SHENLINYANG Department Store, KickKraze added. Party added pursuant to 20 Complaint.Document filed by Kyle Auga. Related document: 20 Complaint.

ADD PARTY FOR PLEADING. Defendants/Respondents Zebomai, BOBOBOB, RONGYE-USA, A2PG2DMPSDKOPI, FortuneBlast, Dufuphae, Shuoxingzhilian, BADAO Happy Emporium, Karlvb5-14 days fast delivery, QiaoYanKuaJing XinXiZiXun, ASTRIYO, positrack, Professional Adaptation, Chair specialty store, NexusMMart, A3V0D8G0YTAR32, A5P18GYGL1CZY, xuanhanrui, shimuhongdia22, AB797F41AV0Z3, Ramonbell_, HEOSHIULY Gift, SANYISAN, GYTRUUS, ShouQuMaoYi added. Party added pursuant to 20 Complaint.Document filed by Kyle Auga. Related document: 20 Complaint.

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