最近更新：2024-12-25
2023-cv-01230
| 日期 | 描述 |
|---|---|
| 05/04/2023 | ENTERED JUDGMENT Signed by the courtroom deputy on 05/04/2023. Emailed notice |
| 05/04/2023 | DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 05/04/2023. Emailed notice |
| 05/04/2023 | MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the motion for default judgment 33 is granted. The statutory damages award is $15,000 per Defendant, as explained in the order. A separate AO-450 judgment shall be entered. Permanent injunction is entered in light of the willfulness (as established by the default). The tracking status hearing of 05/05/2023 is vacated. Civil case terminated. Emailed notice |
| 04/19/2023 | MEMORANDUM by Ground Works Co., Ltd., Khara Inc. in support of motion for default judgment 33 附件： 1:Exhibit 1 2:Exhibit 2 3:(Declaration of Keith A. Vogt) |
| 04/19/2023 | MOTION by Plaintiffs Ground Works Co., Ltd., Khara Inc. for default judgment as to The Defendants Identified In [Amended] Schedule A |
| 03/30/2023 | NEW PARTIES: KunMingYangXiWenDianZiShangWuYouXianGongSi, Minglin Shangmao, Nuo Keng MY, SDRMY, STLX US, TXTWJ, wangpanCN, YuanSunChang, yuxiangxi and zouhuapoqung added to case caption. |
| 03/30/2023 | PRELIMINARY INJUINCTION ORDER Signed by the Honorable Edmond E. Chang on 3/30/2023: In light of the continued applicability of the facts that justified entry of the initial TRO, the motion 29 for preliminary injunction is granted. The extension motion 28 on the TRO is terminated as unnecessary. In light of the answer deadline of 04/18/2023, the tracking status hearing of 03/31/2023 is reset to 05/05/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 04/24/2023. Any Defendant that has not answered by the deadline of 04/18/2023 shall be deemed in default. The Plaintiffs shall file an appropriate default-judgment motion by 04/24/2023. Emailed notice |
| 03/28/2023 | SUMMONS Returned Executed by Khara Inc., Ground Works Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/28/2023, answer due 4/18/2023. 附件： 1:Declaration of Service |
| 03/28/2023 | MEMORANDUM by Ground Works Co., Ltd., Khara Inc. in support of motion for preliminary injunction[29] 附件： 1:Declaration of Keith A. Vogt 2:Exhibit 1, Declaration of Keith Vogt |
| 03/28/2023 | MOTION by Plaintiffs Ground Works Co., Ltd., Khara Inc. for preliminary injunction |
| 03/24/2023 | MOTION by Plaintiffs Ground Works Co., Ltd., Khara Inc. for extension of time of the Temporary Restraining Order |
| 03/20/2023 | SURETY BOND in the amount of $ 10,000 posted by Ground Works Co., Ltd., Khara Inc.(Document not imaged) |
| 03/15/2023 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 03/15/2023 | (PUBLIC VERSION) TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 03/15/2023. Emailed notice |
| 03/15/2023 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 03/15/2023. Emailed notice |
| 03/15/2023 | MINUTE entry before the Honorable Edmond E. Chang: On review of the memorandum in support of joinder, R. 22, and the pertinent exhibit, R. 23-1, the Court concludes that joinder is proper for the Defendants on Amended Schedule A. The product is unique enough (a wall tapestry rather than, for example, a t-shirt) and (most importantly) the use of the same exact (fake) brand name is sufficient to show a connection. It is worth noting, however, that contrary to the Plaintiff's assertion about factoring in the Court's exercise of discretion in deciding "what message it wants to send" to alleged intellectual-property infringers, R. 22 at 2, Civil Rule 20 has nothing to say about "messaging" of that sort. The text of Rule 20(a)(2) controls, not what a court might or might not want to send as a "message" about any particular area of law. No doubt that there is widespread infringement of intellectual-property rights, especially by overseas defendants. But that is no reason to disregard the limits of Rule 20. In any event, with the narrowed set of Defendants, the case may proceed. The Plaintiff's motion 13 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 21 for leave to file the joinder exhibit under seal is granted in light of the asset-restraint goal. A public redacted version of the TRO will be posted publicly (redacting the names of Defendants and omitting Amended Schedule A). The tracking status hearing of 03/24/2023 is reset to 03/31/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 03/24/2023. Emailed notice |
| 03/13/2023 | SEALED EXHIBIT by Plaintiffs Ground Works Co., Ltd., Khara Inc. regarding MOTION by Plaintiffs Ground Works Co., Ltd., Khara Inc. for leave to file under seal[21], memorandum in support of motion[22] |
| 03/13/2023 | MEMORANDUM Establishing that Joinder is Proper 附件： 1:Exhibit filed under seal |
| 03/13/2023 | MOTION by Plaintiffs Ground Works Co., Ltd., Khara Inc. for leave to file under seal |
| 03/03/2023 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 03/03/2023 | MAILED trademark report to Patent Trademark Office, Alexandria VA. 附件： 1:(Trademarks) |
| 03/02/2023 | MINUTE entry before the Honorable Edmond E. Chang: The motion [11] to file the Schedule under seal is granted for now given the goal of asset restraint. The motion [12] for extra pages is granted. The Court notes that, under Seventh Amended General Order 21-0027 (available on the District Court's website), Local Rule 5.3(b) is suspended, so motions should not be noticed for presentment. Noticed motion date of 03/06/2023 is vacated. Emailed notice |
| 03/01/2023 | MINUTE entry before the Honorable Edmond E. Chang: On review of the complaint and the TRO brief, the Court directs the Plaintiff to file a supplemental memo that explains the propriety of joinder of the 10 Defendants under Estee Lauder Cosmetics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020). In lieu of the supplemental memorandum, by the same deadline, Plaintiff may file an amended complaint with (a) one defendant or (b) a another subset of the Defendants along with a memo explaining why joinder of those defendants is proper. The supplemental memorandum is due on 03/15/2023. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 03/24/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 02/28/2023 | presentment for Exparte Motion [13] and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file[11], motion for leave to file excess pages[12] before Honorable Edmond E. Chang on 3/6/2023 at 08:30 AM. |
| 02/28/2023 | SEALED EXHIBIT by Plaintiffs Ground Works Co., Ltd., Khara Inc. Sealed Exhibit 2, Declaration of Yasuhiro Kamimura regarding memorandum in support of motion, [14] |
| 02/28/2023 | MEMORANDUM in support of [13] Exparte motion 附件： 1:Declaration of Keith A. Vogt 2:Exhibit 1-4, of Keith A. Vogt's declaration 3:Declaration of Yasuhiro Kamimura 4:Exhibit 1, of Yasuhiro Kamimura's declaration |
| 02/28/2023 | MOTION by Plaintiffs Ground Works Co., Ltd., Khara Inc. for leave to file excess pages |
| 02/28/2023 | MOTION by Plaintiffs Ground Works Co., Ltd., Khara Inc. for leave to file under seal |
| 02/28/2023 | SEALED DOCUMENT by Plaintiffs Ground Works Co., Ltd., Khara Inc. [Amended] Schedule A to Complaint (1) and Schedule A to Complaint (2) |
| 02/28/2023 | 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. |
| 02/28/2023 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. |
| 02/28/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ground Works Co., Ltd., Khara Inc. |
| 02/28/2023 | ATTORNEY Appearance for Plaintiffs Ground Works Co., Ltd., Khara Inc. by Cameron Eugene Mcintyre |
| 02/28/2023 | ATTORNEY Appearance for Plaintiffs Ground Works Co., Ltd., Khara Inc. by Adam Grodman |
| 02/28/2023 | ATTORNEY Appearance for Plaintiffs Ground Works Co., Ltd., Khara Inc. by Yi Bu |
| 02/28/2023 | ATTORNEY Appearance for Plaintiffs Ground Works Co., Ltd., Khara Inc. by Yanling Jiang |
| 02/28/2023 | ATTORNEY Appearance for Plaintiffs Ground Works Co., Ltd., Khara Inc. by Keith A. Vogt |
| 02/28/2023 | CIVIL Cover Sheet |
| 02/28/2023 | SEALED DOCUMENT by Plaintiffs Ground Works Co., Ltd., Khara Inc. Schedule A to Complaint (1) |
| 02/28/2023 | COMPLAINT filed by Khara Inc., Ground Works Co., Ltd.; Filing fee $ 402, receipt number AILNDC-20388576. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
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