最近更新：2024-12-25
2023-cv-05102
| 日期 | 描述 |
|---|---|
| 05/24/2024 | MINUTE entry before the Honorable Edmond E. Chang: (1.) Instead of filing a supplement to explain the basis for trademark infringement, R. 37, the Plaintiff has filed a voluntary dismissal of the Defendants. As a formal legal matter, Civil Rule 41(a)(1) authorizes a plaintiff to "dismiss an action without a court order" under the circumstances here, that is, before the opposing party either answers or moves for summary judgment, Fed. R. Civ. P. 41(a)(1)(A)(i). In the absence of a need of a court order, the case is dismissed without prejudice. The default judgment motion 33 is terminated. The Plaintiff is reminded that if the case is refiled, the Civil Case Cover Sheet must state that the case was previously reassigned to this judge. The status hearing of 05/31/2024 is vacated. (2.) Having said that, this case appears to illustrate the evils of mass and improper joinder in these intellectual property Schedule A cases. Initially, the Plaintiff proposed 240 defendants. R. 7. Given this Court's prior decision on mass joinder in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 18789 (N.D. Ill. 2020), the Plaintiff filed an Amended Schedule A with four defendants, R. 13. If the case had proceeded with 240 Defendants, there is no practicable way that the Court could have examined, in any reasonable amount of time, the screenshots of the online sellers of those particular four out of 240 defendants to question the basis for trademark infringement, as posed in R. 37. In ex parte settings asking for extraordinary relief, all plaintiffs must take extraordinary care to ***get the facts right.*** So it is highly disturbing that the Plaintiff and the Plaintiff's counsel filed an under-oath declaration, R. 16-1, para. 11, of the Plaintiff's representative saying that the online sellers had infringed the mark "Aquabeads" (setting aside the potential copyright infringement), when in fact those four apparently did no such thing. Whatever quality control must be applied to multi-hundred defendant cases did not work in this case, and did not even work when limited to four defendants. This kind of mistake (assuming that it was not intentional) does not inspire confidence in the investigators looking for alleged infringement, in the mark owner's representative-declarant, who presumably is supervising the investigations, and in the Plaintiff's counsel who is posting the filings under the requirements of Civil Rule 11(b). The volume of defendants is not an excuse; to the contrary, when plaintiffs themselves decide to mass produce these cases, then "inquiry reasonable under the circumstances," Fed. R. Civ. P. 11(b), demands close examinations ***before*** filing the cases. Emailed notice |
| 05/24/2024 | NOTICE of Voluntary Dismissal by Epoch Company, Ltd. Plaintiff's Notice of Voluntary Dismissal Without Prejudice of All Remaining Defendants |
| 05/18/2024 | MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion for default judgment 33, which seeks statutory damages for trademark infringment, and on review of the screenshots of the online-seller sites, R. 17, the Plaintiff shall file a supplement to the motion explaining how the Aquabeads trademark is infringed. The word "Aquabeads" seems to appear only one time in R. 17, R. 17 at 1, and not as an example of an infringing good. It is possible the Court is missing something, but the supplement should specifically explain the basis for trademark infringement. The supplement is due on 05/24/2024. The tracking status hearing of 05/24/2024 is reset to 05/31/2024 at 8:30 a.m., but to track the case only (no appearance is required).Emailed notice |
| 05/17/2024 | STATUS Report by Epoch Company, Ltd. |
| 05/17/2024 | DECLARATION of Michael A. Hierl regarding motion for default judgment, 33 附件： 1:(Exhibit Hierl Exhibit 1) |
| 05/17/2024 | MEMORANDUM by Epoch Company, Ltd. in support of motion for default judgment, 33 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 05/17/2024 | MOTION by Plaintiff Epoch Company, Ltd. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A 附件： 1:(Exhibit Amended Schedule A) |
| 05/17/2024 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Epoch Company, Ltd. |
| 04/22/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 04/22/2024. Emailed notice (mw,) |
| 04/22/2024 | MINUTE entry before the Honorable Edmond E. Chang: In light of the circumstances that justified entry of the TRO, the motion for preliminary injunction 25 is granted. The Clerk's Office shall unseal R. 12, 13, 17, and 20. The tracking status hearing of 04/26/2024 is reset to 05/24/2024 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 05/17/2024. If the Defendants do not respond to the complaint by the 05/10/2024 deadline, R. 27, then they shall be deemed to be in default, and the Plaintiff shall file a motion for default judgment on 05/17/2024. Emailed notice |
| 04/19/2024 | SUMMONS Returned Executed by Epoch Company, Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 4/19/2024, answer due 5/10/2024. |
| 04/19/2024 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 04/19/2024 | STATUS Report by Epoch Company, Ltd. |
| 04/19/2024 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 25 |
| 04/19/2024 | MEMORANDUM by Epoch Company, Ltd. in support of motion for preliminary injunction 25 |
| 04/19/2024 | MOTION by Plaintiff Epoch Company, Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 04/09/2024 | MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the motion to extend TRO 23 is granted through 04/26/2024. The tracking status hearing of 04/12/2024 is reset to 04/26/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report on 04/19/2024 and, if appropriate, a preliminary-injunction motion. Emailed notice |
| 04/08/2024 | MOTION by Plaintiff Epoch Company, Ltd. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
| 04/08/2024 | ATTORNEY Appearance for Plaintiff Epoch Company, Ltd. by John Wilson |
| 04/02/2024 | SURETY BOND in the amount of $ 10,000 posted by Epoch Company, Ltd. (Document not imaged) |
| 03/29/2024 | SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Edmond E. Chang on 03/29/2024. Emailed notice |
| 03/29/2024 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 15 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 Defendants 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 Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 6 for leave to file under seal is granted in light of the asset-restraint goal. By 04/05/2024, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The motion 14 to use extra pages is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 04/12/2024 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 04/08/2024. Emailed notice |
| 02/02/2024 | Notice of Claims Involving Trademarks by Epoch Company, Ltd. |
| 02/02/2024 | SEALED DOCUMENT by Plaintiff Epoch Company, Ltd. Exhibit 3 to Fumuro Declaration |
| 02/02/2024 | MEMORANDUM by Epoch Company, Ltd. in support of motion for temporary restraining order, 15 附件： 1:Declaration Fumuro Declaration 2:Exhibit 1 3:Exhibit 2 4:Declaration Hierl Declaration 5:Exhibit Hierl Exhibit 1 6:Exhibit Hierl Exhibit 2 7:(Exhibit Hierl Exhibit 3) |
| 02/02/2024 | MOTION by Plaintiff Epoch Company, Ltd. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication |
| 02/02/2024 | MOTION by Plaintiff Epoch Company, Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 02/02/2024 | SEALED DOCUMENT by Plaintiff Epoch Company, Ltd. Amended Schedule A |
| 02/02/2024 | AMENDED complaint by Epoch Company, Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 12/28/2023 | 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 Executive Committee on 12/28/2023: Mailed notice. |
| 08/04/2023 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 08/04/2023 | MAILED trademark report to Patent Trademark Office, Alexandria VA. |
| 08/03/2023 | 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. |
| 08/03/2023 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. |
| 08/03/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Epoch Company, Ltd. |
| 08/03/2023 | SEALED DOCUMENT by Plaintiff Epoch Company, Ltd. Sealed Schedule A |
| 08/03/2023 | MOTION by Plaintiff Epoch Company, Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal |
| 08/03/2023 | ATTORNEY Appearance for Plaintiff Epoch Company, Ltd. by Robert Payton Mcmurray |
| 08/03/2023 | ATTORNEY Appearance for Plaintiff Epoch Company, Ltd. by William Benjamin Kalbac |
| 08/03/2023 | ATTORNEY Appearance for Plaintiff Epoch Company, Ltd. by Michael A. Hierl |
| 08/03/2023 | CIVIL Cover Sheet |
| 08/03/2023 | COMPLAINT filed by Epoch Company, Ltd.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20892939. 附件： 1:(Exhibit 1) |
案件最新进展，来源于美国联邦法院，下载文件请联系 18523047090 微信同号
被告名单文件：部分原告会选择隐匿发案，或者对提交的文件进行密封处理，因此包括被告信息在内的相关文件不会在前期公开（一般PI阶段左右才会公开）。
诉状：诉状通常包括原被告的基本信息、侵权行为、侵权类型，以及诉讼请求，如确认侵权、下架侵权产品、请求赔偿等，这个文件起诉就可以下载
案件每天自动更新，未及时更新的可点击 案件名称旁边 更新 按钮
