Kelly Toys Holdings, LLC. v. Alialialill Store
- Jesse Furman
- 1:21-cv-08434
- U.S. District Court · Southern District of New York
- 1
Kelly Toys v. Alialialill Store: Judge Hellerstein denied the Alibaba Defendants’ reconsideration motion, finding plausible contributory and vicarious infringement claims remained alleged.
The Alibaba Defendants’ request for reconsideration was denied, while Kelly Toys Holdings, LLC.’s plausibly alleged contributory and vicarious infringement claims remained undisturbed by this order.
What happened
In Kelly Toys Holdings, LLC. v. Alialialill Store, the Alibaba Defendants asked the court to reconsider an earlier order concerning Kelly Toys’ infringement claims.
The court said reconsideration is generally allowed only when a party identifies controlling decisions or information the court overlooked. It found that the defendants instead tried to reargue and recharacterize issues already decided.
Judge Alvin K. Hellerstein denied the motion for reconsideration and directed the Clerk of Court to terminate the motion from the docket. The court stated that Kelly Toys had plausibly alleged contributory and vicarious infringement claims.
The detailed version
- Kelly Toys Holdings, LLC. v. Alialialill Store · No. 1:21-cv-08434
- Jesse Furman
- June 26, 2024
Background
Kelly Toys Holdings, LLC. had alleged contributory and vicarious infringement claims. In an earlier order, the court determined that those claims had been plausibly alleged. The opinion does not describe the underlying infringement allegations in more detail.
Motion for Reconsideration
The Alibaba Defendants moved for reconsideration of the earlier order. A motion for reconsideration asks the court to revisit an earlier decision, but the court explained that this remedy has a strict standard. It generally requires the moving party to identify controlling decisions or information that the court overlooked.
The court concluded that the defendants did not meet that standard. Instead, it found that they sought to recharacterize the prior order and reargue issues because they disagreed with how the original motion had been resolved. The court stated that the new motion did not change the fact that Kelly Toys had plausibly alleged contributory and vicarious infringement claims.
Ruling
Judge Alvin K. Hellerstein denied the Alibaba Defendants’ motion for reconsideration, ECF No. 101. The court also directed the Clerk of Court to terminate that motion from the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.