最近更新：2025-02-25
2024-cv-02009
| 日期 | 描述 |
|---|---|
| 02/18/2025 | MINUTE entry before the Honorable John F. Kness: Counsel for Plaintiff communicated to Court staff via email that settlement had been reached with the remaining defendant pending execution of settlement documents. Accordingly, the status hearing set for 2/19/2025 is stricken and reset for 2/26/2025 at 9:00 A.M. Mailed notice. |
| 02/12/2025 | MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 2/12/2025. Defendant PlanDpromotions failed to appear. A continued telephonic status hearing is set for 2/19/2025 at 9:30 A.M. Defendant PlanDpromotions must appear at the 2/19/2025 hearing or it will be found in default. The parties are to use the following call-in number: 1-855-244-8681, Access Code: 2315 003 3696. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice. |
| 01/28/2025 | MINUTE entry before the Honorable John F. Kness: The Court sets a telephonic motion hearing on Defendant's motion to dismiss 41 on 2/12/2025 at 9:30 A.M. The parties are to use the following call-in number: 1-855-244-8681, Access Code: 2315 003 3696. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice. |
| 01/26/2025 | FULL SATISFACTION of Judgment as to a certain Defendant |
| 01/24/2025 | ATTACHMENT 2 to Defendant's Memorandum in Support of her Motion to Enter Defense and for Entry of Dismissal of Claim by Defendant planDpromotions (Received via pro se email on 1/24/2025) (Exhibits) |
| 01/24/2025 | ATTACHMENT 1 to Defendant's Memorandum in Support of her Motion to Enter Defense and for Entry of Dismissal of Claim by Defendant planDpromotions (Received via pro se email on 1/24/2025) (Exhibits) |
| 01/20/2025 | MEMORANDUM by planDpromotions in support of her motion to enter defense and for entry of dismissal of claim 41. (Received via pro se email on 01/20/2025) |
| 01/20/2025 | MOTION by Defendant planDpromotions to enter defense and for entry of a dismissal of claim. (Received via pro se email on 01/20/2025) |
| 01/14/2025 | RETURN of U.S. Post Office Receipt, article no. 9589 0710 5270 0579 7778 12. (jn,) |
| 12/27/2024 | ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. |
| 01/07/2025 | MAILED original ten-thousand-dollar ($10,000) surety bond posted by Merch Traffic, LLC., Sullivan & Carter, LLP at 111 W. Jackson Blvd. Ste 1700, Chicago, IL 60604 via certified mail #9589 0710 5270 0579 7778 12. |
| 12/30/2024 | MAILED Trademark report with certified copy of order dated 12/27/2024 to Patent Trademark Office, Alexandria VA |
| 12/27/2024 | FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 12/27/2024. Mailed notice. |
| 12/27/2024 | ORDER: Plaintiff's motion for entry of default 34 is granted. Enter separate Final Judgment Order. Civil case terminated. Signed by the Honorable John F. Kness on 12/27/2024. Mailed notice. |
| 12/27/2024 | MEMORANDUM by Merch Traffic, LLC in support of motion for entry of default, motion for default judgment, 34 附件： 1:(Declaration of Alison K. Carter) |
| 12/27/2024 | MOTION by Plaintiff Merch Traffic, LLC for entry of default as to all remaining Defendants, MOTION by Plaintiff Merch Traffic, LLC for default judgment as to all remaining Defendants 附件： 1:(Exhibit 1 - Schedule A) |
| 10/25/2024 | Order |
| 10/25/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [22] is granted. Enter separate preliminary injunction order. Plaintiff's filings establish that Plaintiff has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit or infringing goods. Plaintiff has also certified and established [26] that it provided electronic notice to Defendants of the pendency of this case and provided a link to a website containing relevant case documents, but, despite the Court having provided [25] the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the docket within five business days. The Clerk is directed to unseal any previously sealed documents. Mailed notice. |
| 07/16/2024 | CERTIFICATE of Service by Plaintiff Merch Traffic, LLC regarding text entry, 25 附件： 1:Exhibit 1 2:Exhibit 2 3:(Exhibit 3)(Sullivan, Ann Marie) |
| 07/12/2024 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 22 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 7/18/2024." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders entering and extending the temporary restraining order ("TRO"), as well as in Plaintiff's earlier motion 19 to extend the TRO, the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice. |
| 07/10/2024 | SUMMONS Returned Executed by Merch Traffic, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/10/2024, answer due 7/31/2024. 附件： 1:(Declaration of Service) |
| 07/10/2024 | MEMORANDUM by Merch Traffic, LLC in support of motion for preliminary injunction 22 附件： 1:(Declaration of Ann Marie Sullivan) |
| 07/10/2024 | MOTION by Plaintiff Merch Traffic, LLC for preliminary injunction |
| 06/27/2024 | ORDER FOR EXTENSION OF THE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/27/2024. Mailed notice. |
| 06/27/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to extend TRO 18 is granted. Enter separate order. Mailed notice. |
| 06/26/2024 | MOTION by Plaintiff Merch Traffic, LLC for extension of time of Temporary Restraining Order [16] |
| 06/21/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 06/20/2024 | CIVIL BOND in the amount of $ 10,000 posted by Merch Traffic, LLC. (Document not Scanned). |
| 06/17/2024 | SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/17/2024. |
| 06/17/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal and proceed under a pseudonym 5, ex parte motion for a temporary restraining order 11, and motion for electronic service of process 13 are granted in part. As a preliminary matter, in the light of the amended complaint filed at 10, the portions of Plaintiff's motion 5 seeking to seal documents related to Plaintiff's identity and its trademarks and to proceed under a pseudonym are dismissed as moot. Plaintiff's submissions (e.g., Dkt. 12-3 at 46) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries [7-2], 11, and 12. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by infringing goods, and there is no countervailing harm to Defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. |
| 03/11/2024 | MEMORANDUM by Merch Traffic, LLC in support of motion for miscellaneous relief 13 for Electronic Service of Process 附件： 1:Declaration of Ann Marie Sullivan 2:(Exhibit 1-2) |
| 03/11/2024 | NEW PARTIES: Merch Traffic, LLC added to case caption. Terminating XYZ Corporation |
| 03/11/2024 | CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. |
| 03/11/2024 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). |
| 03/11/2024 | MOTION by Plaintiff Merch Traffic, LLC for Electronic Service of Process |
| 03/11/2024 | SEALED DOCUMENT by Plaintiff Merch Traffic, LLC Memorandum in Support of Motion for Temporary Restraining Order 附件： 1:Declaration of Plaintiff in Support of Motion for Temporary Restraining Order 2:Exhibit 1 3:Declaration of Beiersdorf in Support of Motion for Temporary Restraining Order 4:Exhibit 1 - Part 1 5:Exhibit 1 - Part 2 6:Exhibit 1 - Part 3 7:Exhibit 1 - Part 4 8:Exhibit 1 - Part 5 9:(Exhibit 1 - Part 6) |
| 03/11/2024 | SEALED MOTION by Plaintiff Merch Traffic, LLC for Temporary Restraining Order |
| 03/11/2024 | AMENDED complaint by Merch Traffic, LLC against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:(Exhibit 1) |
| 03/08/2024 | SEALED DOCUMENT by Plaintiff XYZ Corporation Notice of Claims Involving Trademarks |
| 03/08/2024 | SEALED DOCUMENT by Plaintiff XYZ Corporation Notification of Affiliates |
| 03/08/2024 | SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint 附件： 1:Exhibit 1 2:(Exhibit 2 - Schedule A) |
| 03/08/2024 | MEMORANDUM by XYZ Corporation in support of motion for leave to file 5 Certain Documents under Seal and to Temporarily Proceed under a Pseudonym 附件： 1:Declaration of Ann Marie Sullivan 2:Declaration of Sandy Zhuang 3:Exhibit 1 4:Exhibit 2 5:(Exhibit 3) |
| 03/08/2024 | MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym |
| 03/08/2024 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
| 03/08/2024 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter |
| 03/08/2024 | CIVIL Cover Sheet |
| 03/08/2024 | COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-21726872. 附件： 1:Exhibit 1 2:(Exhibit 2 - Schedule A) |
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