DEFAULT JUDGMENT: THIS COURT FINDS that it has personal jurisdiction over the Subject Defendants because the Subject Defendants directly target their business activities toward consumers in the United States, including New York, offering to sell and ship products into this Judicial District. Specifically, the Subject Defendants are reaching out to do business with New York residents by operating one or more commercial, interactive Online Storefronts through which New York residents can purchase products bearing infringing. Products; THIS COURT FURTHER FINDS that Plaintiff Fissiontech is the proper owner of a common law trademark, and that the brand name is subject to protectable rights, and that the Defendants' misuse of their trademark creates a false association which is confusing to consumers. THIS COURT FURTHER FINDS that the Subject Defendants are liable for trademark infringement for willful violations under Section 43(a) of the Lanham Act. THIS COURT FURTHER FINDS that the Subject Defendants are liable for federal unfair competition with respect to the Fissiontech LLC under 15 U.S.C. � 1125. THIS COURT FURTHER FINDS that the Subject Defendants are liable for Deceptive Acts and Practices Unlawful in violation of the New York General Business Law �� 349 and 350. The Clerk of Court is directed to release and return the full bond amount of One Thousand Five Hundred dollars ($1,500) to Anderson & Associates Law, P.C. at 61 Broadway, Suite 2809, New York, NY 10006. The Clerk of Court is further directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 11/24/2025) (rro) Transmission to Finance Unit (Cashiers) for processing.
Fissiontech LLC v. The Partnerships and Unincorporated Associations Identified On Schedule A
案件进展
40 条记录Minute Entry for proceedings held before Judge Katherine Polk Failla: Default Hearing held on 10/28/2025. Attorney Yen-Yi Anderson representing Plaintiff present. For the reasons stated on the record, default judgment is granted against each defaulting defendant, in the amount of $50,000 per ASIN number. Plaintiff shall send to chambers a proposed judgment in word.format. (Court Reporter recorded)
法院作出缺席判决ORDER TO SHOW CAUSE: ORDERED, that Defendants The Partnerships and Unincorporated Associations Identified on Schedule A, show cause at hearing on October 28, 2025, at 12:00 p.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, as to why a Default Judgment ought not be entered against them, pursuant to Federal Rule of Civil Procedure 55(b)(2), in favor of Plaintiff, based upon Defendants' failure to answer or otherwise appear in this action. IT IS FURTHER ORDERED that Plaintiff is to serve a copy of this Order and supporting documents upon Defendants via any previously used means of service by September 10, 2025, and to provide proof of service on the docket by September 17, 2025. Any opposition to entry of a default judgment is due on or before October 7, 2025. Any reply papers shall be due by October 14, 2025. SO ORDERED. (Show Cause Hearing set for 10/28/2025 at 12:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.), (Replies due by 10/14/2025., Responses due by 10/7/2025) (Signed by Judge Katherine Polk Failla on 9/2/2025)
法院作出缺席判决FIRST MOTION for Default Judgment as to all Defendants. Document filed by Fissiontech LLC.
原告申请缺席判决CLERK'S CERTIFICATE OF DEFAULT as to The Partnerships and Unincorporated Associations Identified on Schedule A.
AFFIRMATION of Yen-Yi Anderson in Support re: [21] Proposed Clerk's Certificate of Default. Document filed by Fissiontech LLC.(Anderson, Yen-Yi)
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Yen-Yi Anderson to RE-FILE Document [22] Affidavit. Use the event type Affirmation in Support (non-motion) found under the event list Other Answers.
AFFIDAVIT of Yen-Yi Anderson re: [21] Proposed Clerk's Certificate of Default. Document filed by Fissiontech LLC.(Anderson, Yen-Yi)
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Fissiontech LLC.(Anderson, Yen-Yi) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Yen-Yi Anderson. RE-FILE Document No. [20] Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): (1) no supporting document filed (See ECF Rule 16.1); (2) the proposed clerk's certificate of default does not lists the name(s) for the party(ies) who accepted service; (3) proper service was not effectuated (no order granting alternate service on record); (4) proposed clerk's certificate is incorrectly filled out. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service.
AFFIDAVIT OF SERVICE of Summons and Complaint. Service was made by Mail. Document filed by Fissiontech LLC.(Anderson, Yen-Yi)
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff Fissiontech LLC, by and through undersigned counsel, hereby gives notice that all claims in the above captioned action are voluntarily dismissed, without prejudice, as to Defendant Galene LLC only. All claims against the remaining defendant(s) continue unaffected. Application GRANTED. The Clerk of Court is directed to terminate Defendant Galene LLC from the docket. (Signed by Judge Katherine Polk Failla on 7/1/2025)
LETTER MOTION for Leave to File Notice of Voluntary Dismissal addressed to Judge Katherine Polk Failla from Yen-Yi Anderson, Esq. dated 6/30/2025. Document filed by Fissiontech LLC.
原告撤诉/结案ORDER granting [15] Letter Motion to Adjourn Conference. The Court appreciates the above update on this matter. The Court will await a notice of voluntary dismissal as to Defendant Galene LLC. If the parties do not file the notice of voluntary dismissal on or before June 30, 2025, the parties are instructed to file a joint letter with the Court, explaining the current status of settlement agreement. The Clerk of Court is directed to terminate the pending motion at docket entry 15. (Signed by Judge Katherine Polk Failla on 6/18/2025)
LETTER MOTION to Adjourn Conference Updates with regard to settlement addressed to Judge Katherine Polk Failla from Yen-Yi Anderson dated 6/17/2025. Document filed by Fissiontech LLC.(Anderson, Yen-Yi)
和解/判决执行进展ORDER granting [13] Letter Motion to Adjourn Conference. The Court appreciates the above update on this matter and will await a notice of voluntary dismissal as to Defendant Galene LLC. Should the parties be unable to finalize a settlement agreement for any reason, the parties are instructed to file a joint letter on or before June 17, 2025. The Clerk of Court is directed to terminate the pending motion at docket entry 13. (Signed by Judge Katherine Polk Failla on 6/3/2025)
LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Yen-Yi Anderson dated 06/02/2025. Document filed by Fissiontech LLC.(Anderson, Yen-Yi)
PRELIMINARY INJUNCTION ORDER: NOW THEREFORE, on this 19th day of May, 2025, this Court ORDERS THAT: Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them be preliminarily enjoined and restrained from: a. Using or otherwise exploiting the Subject Works, or any copyrights thereto, in any manner; as further set forth in this Order. Schedule A to the Complaint, Plaintiffs' ex parte Applications for entry of a Temporary Restraining Order, Preliminary Injunction, a Restraint on the Transfer of Assets, Expedited Discovery, and all associated documents annexed thereto, including Exhibits, Declarations, and Proposed Orders are now unsealed. The Clerk of Court is directed to unseal ECF Nos. 1-8 in their entirety. The Temporary Restraining Order is now unsealed. Any Defendant that is subject to this Order may appear and move to dissolve or modify this Order on seven (7) days' notice to Plaintiffs, or on shorter notice as set by this Court. The One Thousand Five Hundred Dollar ($1,500.00) bond posted by Plaintiff shall remain with the Court until a final disposition of this case, or until this Preliminary Injunction is terminated. SO ORDERED (Signed by Judge Katherine Polk Failla on 5/19/2025) (ks) Transmission to Finance Unit (Cashiers) for processing.
原告提交TRO申请Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 5/19/2025. Attorneys Yen-Yi Anderson and Isabel Thelen representing Plaintiff present. Mr. Omolola on behalf of Galene LLC present. The Court GRANTS Plaintiff's request for a Preliminary Injunction for the reasons as set forth on the record. In two weeks, Plaintiff shall file a status letter regarding settlement discussions with Mr. Omolola. (Court Reporter recorded)
和解/判决执行进展Discovery Hearing
ORDER: On April 23, 2025, upon Plaintiff's ex parte application, this Court entered a sealed order granting Plaintiff's motion for entry of a temporary restraining order and an order restraining transfer of assets (the "TRO Order"). (Dkt. #8). Within the TRO Order, the Court scheduled a hearing on Plaintiff's motion for a preliminary injunction to take place on May 7, 2025, at 2:30 p.m. (Id.). At the May 7 hearing, the Court learned of certain issues with service of the relevant documents on Defendants; in particular, the Court was concerned that Defendants may not all have received notice of the hearing until May 6, 2025. As a result, and with Plaintiff's consent, the Court adjourned the hearing on Plaintiff's motion for a preliminary injunction until Monday, May 19, 2025, at 2:30 p.m. The hearing will take place telephonically as follows: At 2:30 p.m. on May 19, 2025, the parties shall call (855) 244-8681 and enter access code 2315 780 7370.Plaintiff is directed to serve a copy of this Order on Defendants on or before May 8, 2025. Telephone Conference set for 5/19/2025 at 02:30 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 5/7/2025)
法院批准TROMinute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 5/7/2025. Attorneys Yen-Yi Anderson and Isabel Thelen representing Plaintiff present. (See Order dated 5/7/2025.) (Court Reporter recorded)
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [10] Proposed Order was reviewed and approved as to form.
***SELECTED PARTIES***PROPOSED ORDER. Document filed by Fissiontech LLC. Motion or Order to File Under Seal: [1].(Anderson, Yen-Yi) Proposed Order to be reviewed by Clerk's Office staff.
SUMMONS ISSUED as to The Partnerships and Unincorporated Associations Identified on Schedule A.
***DELETED DOCUMENT. Deleted document number [9] REQUEST FOR ISSUANCE OF SUMMONS. Incorrect information was provided by staff.
REQUEST FOR ISSUANCE OF SUMMONS as to The Partnerships and Unincorporated Associations Identified on Schedule A, re: [1] Complaint. Document filed by Fissiontech LLC.(Anderson, Yen-Yi)
***SELECTED PARTIES*** SEALED ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND ORDER RESTRAINING TRANSFER OF ASSETS granting [4] Motion for TRO. The Clerk of Court is directed to maintain this Order under seal, viewable to the Court and Plaintiff only. (Signed by Judge Katherine Polk Failla on 4/23/2025)
法院批准TRO***EX-PARTE***PROPOSED ORDER. Document filed by Fissiontech LLC. Related Document Number: [4]. Motion or Order to File Under Seal: [1].(Anderson, Yen-Yi) Proposed Order to be reviewed by Clerk's Office staff.
***EX-PARTE***DECLARATION of Yen-Yi Anderson in Support re: [4] MOTION for Temporary Restraining Order Leave to file seal granted under 25-mc-00153. Document filed by Fissiontech LLC. Motion or Order to File Under Seal: [1].(Anderson, Yen-Yi)
法院批准TRO***EX-PARTE***DECLARATION of Christopher Baton in Support re: [4] MOTION for Temporary Restraining Order Leave to file seal granted under 25-mc-00153. Document filed by Fissiontech LLC. (Attachments: # (1) Exhibit Schedule A, # (2) Exhibit Exhibits)Motion or Order to File Under Seal: [1].(Anderson, Yen-Yi)
法院批准TRO***EX-PARTE*** MOTION for Temporary Restraining Order Leave to file seal granted under 25-mc-00153. Document filed by Fissiontech LLC.Motion or Order to File Under Seal: [1].(Anderson, Yen-Yi) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.
法院批准TRO***SELECTED PARTIES***Transmission to Finance Unit (Cashiers). Transmitted re: [8] Order on Motion for TRO, to the Finance Unit (Cashiers) for case processing., Transmission to the Civil Case Openings Clerk. Transmitted re: [8] Order on Motion for TRO to the Civil Case Openings Clerk for case processing.
原告提交TRO申请Minute Entry for proceedings held before Judge Katherine Polk Failla: Ex Parte Telephone Conference held on 4/23/2025. Attorneys Yen-Yi Anderson and Isabel Thelen representing Plaintiff present. (Court Reporter recorded)
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [7] Proposed Order was reviewed and approved as to form.
SEALED DOCUMENT placed in vault.
***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Yen-Yi Anderson for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document [2] Civil Cover Sheet, [1] Complaint to: caseopenings@nysd.uscourts.gov.
Complaint
CIVIL COVER SHEET filed.
ORDER REDACTING PLEADING FILED IN 25MC153. Document filed by Fissiontech LLC.
