2025-cv-21683

2025-cv-21683 Daimler Truck Ag et al v. The Partnerships and Unincorporated Associations Identified On Schedule A

Date :4/12/2025
Court :Southern District of Florida
Law FirmGBC

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Date

Document

1

April 12, 2025

COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18362332, filed by Detroit Diesel Corporation, Daimler Truck AG, Thomas Built Buses, Inc., Daimler Truck North America LLC.

Trademark Registrations

(Civil Cover Sheet)

2

April 12, 2025

Clerks Notice of Judge Assignment to Judge Roy K. Altman. 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

April 14, 2025

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

(Complaint and Exhibit) (cwc)

4

April 14, 2025

Corporate Disclosure Statement by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation

5

April 14, 2025

MOTION to Seal per Local Rule 5.4 by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation.

(Text of Proposed Order)

6

April 16, 2025

ORDER IN CASES WITH MULTIPLE DEFENDANTS re 1 Complaint, filed by Detroit Diesel Corporation, Daimler Truck North America LLC, Thomas Built Buses, Inc., Daimler Truck AG. Signed by Judge Roy K. Altman on 4/16/2025. See attached document for full details.

7

April 16, 2025

ORDER granting 5 Plaintiff's Ex Parte Motion for Leave to File Under Seal. Signed by Judge Roy K. Altman on 4/16/2025. See attached document for full details.

SYSTEM ENTRY - Docket Entry 8 [misc] restricted/sealed until further notice. (910157)

SYSTEM ENTRY - Docket Entry 9 [motion] restricted/sealed until further notice. (910157)

SYSTEM ENTRY - Docket Entry 10 [motion] restricted/sealed until further notice. (910157)

13

May 5, 2025

MOTION to Continue Reschedule Hearing on Preliminary Injunction, MOTION for Extension of Time to Extend Ex Parte Temporary Restraining Order by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation. Responses due by 5/19/2025.

Declaration of David Wokoun, Esq.

(Text of Proposed Order)

14

May 5, 2025

PAPERLESS ORDER GRANTING the Plaintiffs' 13 Motion for Extension of TRO and PI Hearing. The PI hearing in this matter is RESET for May 27, 2025, at 3:00 p.m. Any Defendant who wishes to oppose the Plaintiff's 9 Motion for a Preliminary Injunction must do so by May 19, 2025. The Plaintiff must file any reply in support of its Motion by May 23, 2025. Finally, the temporary restraining order we 12 entered in this matter is hereby extended through May 27, 2025. Signed by Judge Roy K. Altman on 5/5/2025. (es00)

16

May 8, 2025

Surety BOND in the amount of $10,000.00 receipt # S-979096 posted by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation Approved by Judge Roy K. Altman

15

May 9, 2025

NOTICE of Filing Proposed Summons(es) by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation

(Summon(s))

17

May 9, 2025

Summons Issued as to The Partnerships and Unincorporated Associations Identified on Schedule A.

18

May 15, 2025

NOTICE of Attorney Appearance by Diego Fernando Bobadilla on behalf of Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation. Attorney Diego Fernando Bobadilla added to party Daimler Truck AG(pty:pla), Attorney Diego Fernando Bobadilla added to party Daimler Truck North America LLC(pty:pla), Attorney Diego Fernando Bobadilla added to party Thomas Built Buses, Inc.,(pty:pla), Attorney Diego Fernando Bobadilla added to party Detroit Diesel Corporation(pty:pla).

19

May 15, 2025

Clerk's Notice to Filer re 18 Notice of Attorney Appearance. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules.

20

May 17, 2025

NOTICE of Striking [18] Notice of Attorney Appearance, filed by Detroit Diesel Corporation, Daimler Truck North America LLC, Thomas Built Buses, Inc., Daimler Truck AG by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation

21

May 17, 2025

NOTICE of Attorney Appearance by Diego Fernando Bobadilla on behalf of Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation

22

May 21, 2025

Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Changzhou Granway Trading Co., Ltd, Hebei Kaixuan Seals Co., Ltd., SY XIONGDI Factory Official Store, YQXY Store, Shop1102881043 Store, GOOD A Flag Banner Store, Shop1103588147 Store, DIY Flag Store, 3X5FT Flag First Store, Shop1103846906 Store, Coc Store, Hot Selling Hat A Store, FLAGCORE Official Store, ruilixian, senshann, qiifei, penlou, kazhuang, Cuoyinchan, huangliansongshangmao, pengweistore, zhenglinping, A15KLP9XNQ9BL9, CAIYUANGUNGUN, A1D9DLXHPS8IJ8, iYIMENG, yi wu shi hao ding fu shi, HuangWeiQin, congxiaoYuanYi, mupengZhangBin, xiaokunlong, wegs07, ShiWuHuo, Cheyiking Business, nuqiushangmao, auto-part-racing-zoon, auto-replacement-zone, Autotrade-zone, autozoon-parts, Drive-Auto, boltbost, carshow-zone, cozyhome28, drivegearmotors, drive-inauto, emotorworks75, GearheadGarage-zone, honggang2019-2, leizedong26, liuch-662, maruprides-zone, MotorMasters-autoparts, Pro-Auto89, prosautoparts, quaj_27, Highfil Direct, Art Decora, Bella wall decoration, Byuan Metal sign shop, CHK Online local, Autumn Equinoxs, BABE TWO, CHQ Online, BKKKSHOP, AuroraTee, A Dec, chenjinri, DFQE, Crossborder hat ecommerce, Black Maple Leafs, Chen Mao, Worth_To_Buy, ChengDong Store, zhangaiqin908073, yuanlaistore, Bailamo123, RUNTENGTOPS, orale_apo_s, PPengwei, XING XIAO LIANGG, MKMK-99, bjbj-66, KMKM-00 and WWW-36.

Exhibit 1

23

May 21, 2025

NOTICE of Voluntary Dismissal as to certain Defendants by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation

24

May 22, 2025

MOTION to Unseal Document by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation. Responses due by 6/5/2025.

Text of Proposed Order

25

May 22, 2025

SUMMONS (Affidavit) Returned Executed on [1] Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Daimler Truck North America LLC, Daimler Truck AG, Thomas Built Buses, Inc., Detroit Diesel Corporation. A Dec served on 5/21/2025, response/answer due 6/11/2025; A15KLP9XNQ9BL9 served on 5/21/2025, response/answer due 6/11/2025; A1D9DLXHPS8IJ8 served on 5/21/2025, response/answer due 6/11/2025; Art Decora served on 5/21/2025, response/answer due 6/11/2025; AuroraTee served on 5/21/2025, response/answer due 6/11/2025; Autotrade-zone served on 5/21/2025, response/answer due 6/11/2025; Autumn Equinoxs served on 5/21/2025, response/answer due 6/11/2025; BABE TWO served on 5/21/2025, response/answer due 6/11/2025; BKKKSHOP served on 5/21/2025, response/answer due 6/11/2025; Bailamo123 served on 5/21/2025, response/answer due 6/11/2025; Bella wall decoration served on 5/21/2025, response/answer due 6/11/2025; Black Maple Leafs served on 5/21/2025, response/answer due 6/11/2025; Byuan Metal sign shop served on 5/21/2025, response/answer due 6/11/2025; CAIYUANGUNGUN served on 5/21/2025, response/answer due 6/11/2025; CHK Online local served on 5/21/2025, response/answer due 6/11/2025; CHQ Online served on 5/21/2025, response/answer due 6/11/2025; Changzhou Granway Trading Co., Ltd served on 5/21/2025, response/answer due 6/11/2025; Chen Mao served on 5/21/2025, response/answer due 6/11/2025; ChengDong Store served on 5/21/2025, response/answer due 6/11/2025; Cheyiking Business served on 5/21/2025, response/answer due 6/11/2025; Crossborder hat ecommerce served on 5/21/2025, response/answer due 6/11/2025; Cuoyinchan served on 5/21/2025, response/answer due 6/11/2025; DFQE served on 5/21/2025, response/answer due 6/11/2025; Drive-Auto served on 5/21/2025, response/answer due 6/11/2025; GearheadGarage-zone served on 5/21/2025, response/answer due 6/11/2025; Hebei Kaixuan Seals Co., Ltd. served on 5/21/2025, response/answer due 6/11/2025; Highfil Direct served on 5/21/2025, response/answer due 6/11/2025; HuangWeiQin served on 5/21/2025, response/answer due 6/11/2025; KMKM-00 served on 5/21/2025, response/answer due 6/11/2025; MKMK-99 served on 5/21/2025, response/answer due 6/11/2025; MotorMasters-autoparts served on 5/21/2025, response/answer due 6/11/2025; PPengwei served on 5/21/2025, response/answer due 6/11/2025; Pro-Auto89 served on 5/21/2025, response/answer due 6/11/2025; RUNTENGTOPS served on 5/21/2025, response/answer due 6/11/2025; ShiWuHuo served on 5/21/2025, response/answer due 6/11/2025; WWW-36 served on 5/21/2025, response/answer due 6/11/2025; Worth_To_Buy served on 5/21/2025, response/answer due 6/11/2025; XING XIAO LIANGG served on 5/21/2025, response/answer due 6/11/2025; auto-part-racing-zoon served on 5/21/2025, response/answer due 6/11/2025; auto-replacement-zone served on 5/21/2025, response/answer due 6/11/2025; autozoon-parts served on 5/21/2025, response/answer due 6/11/2025; bjbj-66 served on 5/21/2025, response/answer due 6/11/2025; boltbost served on 5/21/2025, response/answer due 6/11/2025; carshow-zone served on 5/21/2025, response/answer due 6/11/2025; chenjinri served on 5/21/2025, response/answer due 6/11/2025; congxiaoYuanYi served on 5/21/2025, response/answer due 6/11/2025; cozyhome28 served on 5/21/2025, response/answer due 6/11/2025; drive-inauto served on 5/21/2025, response/answer due 6/11/2025; drivegearmotors served on 5/21/2025, response/answer due 6/11/2025; emotorworks75 served on 5/21/2025, response/answer due 6/11/2025; honggang2019-2 served on 5/21/2025, response/answer due 6/11/2025; huangliansongshangmao served on 5/21/2025, response/answer due 6/11/2025; iYIMENG served on 5/21/2025, response/answer due 6/11/2025; kazhuang served on 5/21/2025, response/answer due 6/11/2025; leizedong26 served on 5/21/2025, response/answer due 6/11/2025; liuch-662 served on 5/21/2025, response/answer due 6/11/2025; maruprides-zone served on 5/21/2025, response/answer due 6/11/2025; mupengZhangBin served on 5/21/2025, response/answer due 6/11/2025; nuqiushangmao served on 5/21/2025, response/answer due 6/11/2025; orale_apo_s served on 5/21/2025, response/answer due 6/11/2025; pengweistore served on 5/21/2025, response/answer due 6/11/2025; penlou served on 5/21/2025, response/answer due 6/11/2025; prosautoparts served on 5/21/2025, response/answer due 6/11/2025; qiifei served on 5/21/2025, response/answer due 6/11/2025; quaj_27 served on 5/21/2025, response/answer due 6/11/2025; ruilixian served on 5/21/2025, response/answer due 6/11/2025; senshann served on 5/21/2025, response/answer due 6/11/2025; wegs07 served on 5/21/2025, response/answer due 6/11/2025; xiaokunlong served on 5/21/2025, response/answer due 6/11/2025; yi wu shi hao ding fu shi served on 5/21/2025, response/answer due 6/11/2025; yuanlaistore served on 5/21/2025, response/answer due 6/11/2025; zhangaiqin908073 served on 5/21/2025, response/answer due 6/11/2025; zhenglinping served on 5/21/2025, response/answer due 6/11/2025.

Exhibit A

26

May 22, 2025

NOTICE of Compliance by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation

Exhibit A

27

May 22, 2025

PAPERLESS ORDER GRANTING the Plaintiffs' 24 Motion to Unseal. We DIRECT the Clerk of Court to unseal docket entries 8, 9, 10, 11, and 12. Signed by Judge Roy K. Altman on 5/22/2025. (es00)

28

May 22, 2025

CLERK'S NOTICE of Compliance by Unsealing Documents per 27 Order.

29

May 28, 2025

PAPERLESS Minute Order for proceedings held before Judge Roy K. Altman: Motion Hearing held on 5/27/2025 re 9 EX PARTE MOTION Motion for Entry of Temporary Restraining Order and Preliminary Injunction, Including Temporary Injunction, Temporary Asset Restraint and Expedited Discovery filed by Detroit Diesel Corporation, Daimler Truck North America LLC, Thomas Built Buses, Inc., Daimler Truck AG. Total time in court: 5 minutes. Attorney Appearance(s): Diego Fernando Bobadilla. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (es00)

30

June 5, 2025

NOTICE of Voluntary Dismissal as of a Certain Defendant by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation

31

June 6, 2025

ORDER GRANTING MOTION FOR ENTRY OF PRELIMINARY INJUNCTION DE [9]. The Clerk of Court is directed to administratively CLOSE this case. Signed by Judge Roy K. Altman on 6/6/2025. See attached document for full details.

32

June 9, 2025

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

Order Granting Motion for Entry of Preliminary Injunction

33

June 12, 2025

NOTICE of Voluntary Dismissal as to certain Defendants by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc.

34

June 13, 2025

MOTION for Clerk's Entry of Default as to 3X5FT Flag First Store, A Dec, A15KLP9XNQ9BL9, A1D9DLXHPS8IJ8, Art Decora, AuroraTee, Autotrade-zone, Autumn Equinoxs, BABE TWO, BKKKSHOP, Bailamo123, Bella wall decoration, Black Maple Leafs, Byuan Metal sign shop, CAIYUANGUNGUN, CHK Online local, CHQ Online, Changzhou Granway Trading Co., Ltd, Chen Mao, ChengDong Store, Cheyiking Business, Coc Store, Crossborder hat ecommerce, Cuoyinchan, DFQE, DIY Flag Store, Drive-Auto, FLAGCORE Official Store, GOOD A Flag Banner Store, GearheadGarage-zone, Hebei Kaixuan Seals Co., Ltd., Highfil Direct, Hot Selling Hat A Store, HuangWeiQin, KMKM-00, MKMK-99, MotorMasters-autoparts, PPengwei, Pro-Auto89, RUNTENGTOPS, SY XIONGDI Factory Official Store, ShiWuHuo, Shop1102881043 Store, Shop1103588147 Store, Shop1103846906 Store, The Partnerships and Unincorporated Associations Identified on Schedule A, WWW-36, Worth_To_Buy, XING XIAO LIANGG, YQXY Store, auto-part-racing-zoon, auto-replacement-zone, autozoon-parts, bjbj-66, boltbost, carshow-zone, chenjinri, congxiaoYuanYi, cozyhome28, drive-inauto, drivegearmotors, emotorworks75, honggang2019-2, huangliansongshangmao, iYIMENG, kazhuang, leizedong26, liuch-662, maruprides-zone, mupengZhangBin, nuqiushangmao, orale_apo_s, pengweistore, penlou, prosautoparts, qiifei, quaj_27, ruilixian, senshann, wegs07, xiaokunlong, yi wu shi hao ding fu shi, yuanlaistore, zhangaiqin908073, zhenglinping by Daimler Truck North America LLC, Daimler Truck AG, Thomas Built Buses, Inc., Detroit Diesel Corporation.

Exhibit 1

Exhibit A

Declaration of David Wokoun,

35

June 13, 2025

Clerk's Entry of Default as to A Dec, A15KLP9XNQ9BL9, A1D9DLXHPS8IJ8, Art Decora, AuroraTee, Autumn Equinoxs, BABE TWO, BKKKSHOP, Bailamo123, Bella wall decoration, Black Maple Leafs, Byuan Metal sign shop, CHK Online local, CHQ Online, Changzhou Granway Trading Co., Ltd, Chen Mao, ChengDong Store, Cheyiking Business, Crossborder hat ecommerce, Cuoyinchan, DFQE, GearheadGarage-zone, Hebei Kaixuan Seals Co., Ltd., Highfil Direct, HuangWeiQin, KMKM-00, MKMK-99, PPengwei, Pro-Auto89, RUNTENGTOPS, ShiWuHuo, WWW-36, Worth_To_Buy, XING XIAO LIANGG, bjbj-66, chenjinri, congxiaoYuanYi, emotorworks75, honggang2019-2, huangliansongshangmao, leizedong26, liuch-662, mupengZhangBin, nuqiushangmao, orale_apo_s, pengweistore, qiifei, quaj_27, wegs07, xiaokunlong, yi wu shi hao ding fu shi, yuanlaistore, zhangaiqin908073, zhenglinping - Motions Terminated: 34 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 6/13/2025.

36

June 19, 2025

NOTICE of Voluntary Dismissal as to certain Defendants by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc.

37

June 27, 2025

NOTICE of Voluntary Dismissal as to certain Defendants by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc.

38

June 27, 2025

MOTION for Default Judgment as to all Defendants by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc.

Exhibit 1

Exhibit 2-1

Exhibit A

Text of Proposed Order

Text of Proposed Order

39

July 3, 2025

NOTICE of Voluntary Dismissal as of Certain Defendants by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc.

40

July 30, 2025

ORDER granting DE [38] MOTION for Default Final Judgment. This case shall remain CLOSED. Signed by Judge Roy K. Altman on 7/30/2025. See attached document for full details.

41

July 30, 2025

DEFAULT FINAL JUDGMENT AND PERMANENT INJUNCTION in favor of Daimler Truck AG against A Dec, A15KLP9XNQ9BL9, A1D9DLXHPS8IJ8, Art Decora, AuroraTee, Autumn Equinoxs, Bailamo123, Bella wall decoration, Black Maple Leafs, Byuan Metal sign shop, Changzhou Granway Trading Co., Ltd, ChengDong Store, Cheyiking Business, Crossborder hat ecommerce, Cuoyinchan, DFQE, GearheadGarage-zone, Hebei Kaixuan Seals Co., Ltd., Highfil Direct, HuangWeiQin, KMKM-00, MKMK-99, PPengwei, RUNTENGTOPS, ShiWuHuo, WWW-36, Worth_To_Buy, XING XIAO LIANGG, bjbj-66, chenjinri, congxiaoYuanYi, huangliansongshangmao, mupengZhangBin, nuqiushangmao, orale_apo_s, pengweistore, qiifei, wegs07, xiaokunlong, yuanlaistore, zhangaiqin908073, zhenglinping. Signed by Judge Roy K. Altman on 7/30/2025. See attached document for full details.

42

July 30, 2025

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

Default Judgment and Permanent Injunction

43

July 30, 2025

CLERK'S NOTICE. Additional Notice of Electronic Filing (NEF) sent to Financial Clerk

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