最近更新：2024-12-25
2023-cv-15368
| 日期 | 描述 |
|---|---|
| 06/25/2024 | NOTICE of Voluntary Dismissal by HYTTO PTE. LTD. as to Defendant No. 8 Dongguan Yuyangtong Electronic Technology Co., Ltd. |
| 06/07/2024 | NOTICE of Voluntary Dismissal by HYTTO PTE. LTD. as to Defendant No. 20 Shenzhen Honghao Yu Technology Co., Ltd. |
| 05/14/2024 | NOTICE of Voluntary Dismissal by HYTTO PTE. LTD. as to Defendant No. 27 CJ Drop Shipping Store |
| 05/06/2024 | AMENDED DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 5/6/2024. Mailed notice |
| 05/06/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Amend/Correct Default Final Judgment Order 62 is granted. Enter Amended Default Final Judgment Order. No appearance is necessary on 5/14/24.Mailed notice |
| 05/03/2024 | Plaintiff's NOTICE of Motion by Nicholas Anthony Kurk for presentment of motion to amend/correct[63] before Honorable LaShonda A. Hunt on 5/14/2024 at 10:00 AM. |
| 05/03/2024 | MOTION by Plaintiff HYTTO PTE. LTD. to amend/correct order[62] Default Final Judgment Order |
| 04/22/2024 | DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 4/22/2024. Emailed notice. |
| 04/22/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 55 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. Because this infringement was willful and considering the value of Plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $20,000 is an appropriate award of statutory damages against each remaining defendant. Enter Final Judgment Order. Civil case terminated. Emailed notice. |
| 04/04/2024 | CERTIFICATE of Service of Minute Order 59 |
| 04/03/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment 55 against the remaining defendants identified in Schedule A [56-1]. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all remaining defendants on Schedule A is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendants must be filed on or before 4/17/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining affected Defendants within one business day of its entry on the docket and must promptly file proof of that service. No appearance is necessary on 4/17/24. Emailed notice. |
| 04/02/2024 | NOTICE of Motion by Stephen J. Rosenfeld for presentment of motion for default judgment 55 before Honorable LaShonda A. Hunt on 4/17/2024 at 10:00 AM. |
| 04/02/2024 | DECLARATION of Zhizhou Wang regarding memorandum in support of motion 56, motion for default judgment 55 附件： 1:(Exhibit A (unpublished decisions)) |
| 04/02/2024 | MEMORANDUM by HYTTO PTE. LTD. in support of motion for default judgment 55 附件： 1:(Exhibit A (Schedule A)) |
| 04/02/2024 | MOTION by Plaintiff HYTTO PTE. LTD. for default judgment as to all Defendants |
| 03/20/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court has reviewed Plaintiff's status report 53, which was due by 3/14/24 but not filed until 3/18/24. Plaintiff requests an additional 30 days to file motions for default, even though the Court previously set a deadline of 3/14/24 for any such filings. The Court encourages the parties to discuss resolution; therefore, the deadline for Plaintiff to seek entry of default is extended to 4/12/24. If there are any remaining defendants against whom the case will be proceeding, by 4/12/24, Plaintiff must file a status report specifically identifying those defendants and the status of settlement discussions or further litigation. Plaintiff is reminded that it must comply with court deadlines and all of Judge Hunt's case management procedures. Emailed notice. |
| 03/18/2024 | STATUS Report by HYTTO PTE. LTD. |
| 03/11/2024 | REFUND PROCESSED re REQUEST for Clerk of Court to refund filing fee in the amount of $150.00, receipt no. AILNDC-21296747. |
| 01/31/2024 | NEW PARTIES: Dongguan YPM Electronic Technology Co., Ltd., Dongguan Yuyangtong Electronic Technology Co., Ltd., Shenzhen Borson Electronics Co., Ltd., Shenzhen Dazhan Technology Co., Ltd., Shenzhen Honghao Yu Technology Co., Ltd., Zhongshan Nuoyu Technology Co., Ltd., A Adults Blissful Store, Adult SeX Love Store, CJ Drop Shipping Store, FAAK Quality Store, Making Love Factory Store, PASSION ALL NIGHT Store, Shop5499173 Store, Shop911227148 Store, soloplay Toys Official Store, The Winter's Store, tongxinjiaoyu US, eggsbullets Store, ellaparadis Store, gspot Store, guillem Store, heijue02 Store, Jiekeyi20170303 Store, Sextoy_massager Store, sextoy_park Store, Shen8401 Store, Shen8416 Store, tubi07 Store, ty2420937475 Store, vibrator_store Store, Vibratorsleeves Store, Vibratoy_massager Store, Yy2748918768 Store and zhengrui09 Store added to case caption. |
| 01/30/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 1/30/2024. Emailed notice. |
| 01/30/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case 49. Summons were issued on 12/7/23 and Defendants' responses to the complaint are due by 2/14/24. By 3/14/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice. |
| 01/30/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held on 1/25/24. Before the Court is Plaintiff's motion for a preliminary injunction 39, which the Court now considers unopposed because no Defendant appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO 30, 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 goods. Plaintiff has also certified and established 48 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 no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter Preliminary Injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on the Second Amended Schedule A 47 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. |
| 01/29/2024 | SUMMONS Returned Executed by HYTTO PTE. LTD. as to The Partnerships And Unincorporated Associations Identified On Schedule A, on 1/24/2024, answer due 2/14/2024. |
| 01/26/2024 | AMENDED Second Amended Schedule A |
| 01/25/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: In-person hearing held. Counsel for Plaintiff appeared. Counsel represented that all Defendants were properly served with Plaintiff's Motion for Preliminary Injunction 39 prior to the hearing and that service of summons and the complaint have now been effectuated on all Defendants. Counsel is ordered to file proper proof of service on the docket by 1/29/24. Counsel further represented that all the Defendants' webpages that offer infringing products for sale 28 have been disabled, such that Plaintiff is unable to place orders for products to demonstrate that Defendants are willing and capable of selling these products to Illinois residents. Based on these representations and as discussed on the record, the Court will grant the Motion for Preliminary Injunction 39. Counsel is ordered to submit a revised proposed order in accordance with Judge Hunt's standing orders to the Proposed Order Inbox by 1/29/24. Emailed notice. |
| 01/23/2024 | CERTIFICATE Certificate of Service of Minute Order 44 |
| 01/19/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: In-person hearing on Plaintiff's Motion for Preliminary Injunction 39 set for 1/25/24 at 10:00AM in Courtroom 1425. The Court has reviewed Plaintiff's supplemental memorandum 43. Plaintiff should be prepared to present specific evidence as to each defendant's willingness and ability to sell infringing products in Illinois. Objecting defendants may appear in-person or by telephone by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. Emailed notice. |
| 01/05/2024 | MEMORANDUM by HYTTO PTE. LTD. in support of motion for preliminary injunction 39 Plaintiff's Supplemental Memorandum 42 Supporting its Motion for a Preliminary Injunction 附件： 1:(Declaration Wang Declaration) |
| 01/02/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction 39 is taken under advisement. Although the Court previously ordered Plaintiff to provide with any request for further injunctive relief evidence in support of its allegation that personal jurisdiction over each defendant is appropriate 29, the motion does not address that point. Plaintiff is granted leave to file a supplemental affidavit in support of the motion by 1/5/24. The Court will re-set the motion hearing date after reviewing that information. No appearance is necessary on 1/4/24. Mailed notice. |
| 12/29/2023 | NOTICE of Motion by Stephen J. Rosenfeld for presentment of motion for preliminary injunction 39 before Honorable LaShonda A. Hunt on 1/4/2024 at 10:00 AM. |
| 12/29/2023 | MEMORANDUM by HYTTO PTE. LTD. in support of motion for preliminary injunction 39 |
| 12/29/2023 | MOTION by Plaintiff HYTTO PTE. LTD. for preliminary injunction |
| 12/29/2023 | SUMMONS Returned Executed by HYTTO PTE. LTD. as to The Partnerships And Unincorporated Associations Identified On Schedule A, on 12/22/2023, answer due 1/12/2024. |
| 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. |
| 12/18/2023 | REGISTRY DEPOSIT INFORMATION FORM - EXHIBIT by Plaintiff HYTTO PTE. LTD. |
| 12/18/2023 | BOND in the amount of $35,000 cashier's check, Receipt No. 100000317, posted by HYTTO PTE. LTD. |
| 12/14/2023 | NOTICE of Voluntary Dismissal by HYTTO PTE. LTD. as to Defendant No. 43 HealthyTrader |
| 12/13/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order 31 is granted. The TRO is extended to 1/1/24 for the reasons stated in the order granting the initial TRO 29. No appearance is necessary on 12/19/23. Emailed notice. |
| 12/12/2023 | NOTICE of Motion by Stephen J. Rosenfeld for presentment of before Honorable LaShonda A. Hunt on 12/19/2023 at 10:00 AM. |
| 12/12/2023 | SEALED DOCUMENT by Plaintiff HYTTO PTE. LTD. Plaintiff's Memorandum Supporting its Ex Parte Motion to Extend The Temporary Restraining Order 31 附件： 1:(Declaration Declaration of Nicholas Kurk Supporting Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order) |
| 12/07/2023 | SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A |
| 12/04/2023 | TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 12/4/2023. Emailed notice to Plaintiff's counsel on 12/4/23. Modified on 2/3/2024. |
| 12/04/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order including a temporary injunction service of process by email or electronic publication, a temporary asset restraint and expedited discovery 8 is granted as follows. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and some sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. The Court notes that Plaintiff has alleged specific sales transactions in Illinois by only 2 of the defendants. As to the remaining defendants, Plaintiff asserts on information and belief only that they are willing and able to sell counterfeit products to Illinois residents. At this early stage in the case, the Court accepts Plaintiff's allegation that minimum contacts for all defendants exist with this forum. However, Plaintiff should be prepared if it seeks preliminary injunctive relief to present evidence to support its contention that this Court has personal jurisdiction over each defendant. Merely establishing an online store where infringing products are offered for sale is typically not sufficient to establish both "a willingness to ship goods to Illinois and. the capacity to do so." See NBA Prop. Inc. et al. v. Hanwjh, 46 F.4th 614, 624 (7th Cir. 2022). If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $35,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Emailed notice. |
| 11/28/2023 | EXHIBIT 3 to Pan Declaration in Support of Motion for TRO (Schedule A with Screenshots) by Plaintiff HYTTO PTE. LTD. Amended Exhibit 3 to Pan Declaration in Support of Motion for TRO Modified on 2/3/2024. |
| 11/28/2023 | AMENDED SCHEDULE A by Plaintiff HYTTO PTE. LTD. Amended Schedule A Modified on 2/3/2024. |
| 11/28/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Status hearing held telephonically. For the reasons stated on the record, Plaintiff's sealed Amended Schedule A and any other amended documents in support of the pending motion for temporary restraining order 8 shall be filed by 11/29/23. Emailed notice. |
| 11/17/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: A telephonic status hearing is set for 11/28/23 at 10:00 AM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Emailed notice. |
| 11/16/2023 | MEMORANDUM other 23 by HYTTO PTE. LTD. Declaration of Rebecca Pan Supporting Plaintiff's Supplemental Memorandum Addressing Propriety of Joinder 附件： 1:Exhibit Exhibit 1 to Declaration 2:Exhibit Exhibit 2 to Declaration 3:Exhibit Exhibit 3 to Declaration 4:Exhibit Exhibit 4 to Declaration 5:(Exhibit Exhibit 5 to Declaration) |
| 11/16/2023 | Plaintiff's Supplemental Memorandum Addressing Propriety of Joinder by HYTTO PTE. LTD. |
| 11/09/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: This case has been reassigned to the calendar of the Honorable LaShonda A. Hunt. The Motions for Leave to Appear Pro Hac Vice [16, 17, 18, 19] are granted. The Motion by Plaintiff to Seal Document 13 is granted. Upon review of the Complaint 1, the Court questions whether joinder of 99 defendants is appropriate in this case. Plaintiff alleges that it is "an award-winning designer and manufacturer of remote-controllable sex toys, including Lush series of vibrators (the 'Lush Products')." (Dkt. 1 at Paragraph 8.) Plaintiff filed this trademark infringement suit against 99 online retailers who are allegedly selling unauthorized products based on a variety of Plaintiff's trademarked products. (Id. at page 11-12). The Complaint alleges that Defendants have created numerous internet stores that "share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use." (Id. at paragraph 33.) In addition, the Complaint alleges, among other things, the unauthorized products "bear similar irregularities and indicia of being counterfeit to one another, suggesting that the Unauthorized Lush Products were manufactured by and come from a common source and that Defendants are interrelated" and, "[o]n information and belief, Defendants, either individually or jointly, operate one or more e-commerce stores under the Seller Aliases listed in Schedule A attached hereto." (Id. at paragraphs 25, 33.) Although the Complaint and attachments total 168 pages, those are the only allegations offered to establish a connection between all the defendants. Such conclusory and speculative statements, however, do not satisfy the principles described in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). Accordingly, Plaintiff is ordered to file a supplemental memorandum addressing the propriety of joinder by 11/30/23. Alternatively, by the same date, Plaintiff is granted leave to file an amended complaint with a smaller subset of defendants that includes specific allegations supporting joinder. Plaintiff's Motion for a Temporary Restraining Order 8 is taken under advisement until the joinder issue is resolved. Emailed notice. |
| 11/03/2023 | EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings pursuant to the provisions of 28 USC 294(b). Honorable Elaine E. Bucklo no longer assigned to the case. Signed by Executive Committee on 11/3/23. |
| 11/06/2023 | REQUEST for Clerk of Court to refund filing fee in the amount of 150, receipt no. AILNDC-21296747, regarding motion to appear pro hac vice 19 |
| 11/03/2023 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21296747. 附件： 1:(Explanation of Inactive Status) |
| 11/02/2023 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21290419. 附件： 1:(Explanation of Inactive Status with the State Bar of Minnesota) |
| 11/02/2023 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21290314. |
| 11/02/2023 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21289534. |
| 11/01/2023 | Notice of Claims Involving Trademarks by HYTTO PTE. LTD. |
| 10/30/2023 | NOTICE of Motion by Nicholas Anthony Kurk for presentment of motion for temporary restraining order 8 before Honorable Elaine E. Bucklo on 11/2/2023 at 09:45 AM. |
| 10/27/2023 | MOTION by Plaintiff HYTTO PTE. LTD. to seal document sealed document 4, sealed document 12 |
| 10/27/2023 | EXHIBIT 3 to Pan Declaration by Plaintiff HYTTO PTE. LTD. Exhibit 3 to Pan Declaration Modified on 2/3/2024. |
| 10/27/2023 | DECLARATION of Stephen Rosenfeld regarding memorandum in support of motion 9 |
| 10/27/2023 | DECLARATION of Rebecca Pan regarding memorandum in support of motion 9 附件： 1:Exhibit 1 to Pan Declaration 2:Exhibit 2 to Pan Declaration 3:(Exhibit 3 to Pan Declaration) |
| 10/27/2023 | MEMORANDUM by HYTTO PTE. LTD. in support of motion for temporary restraining order 8 |
| 10/27/2023 | MOTION by Plaintiff HYTTO PTE. LTD. for temporary restraining order, service of process by electronic means, temporary asset restraint, and expedited discovery |
| 10/27/2023 | 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. |
| 10/27/2023 | CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). |
| 10/26/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by HYTTO PTE. LTD. |
| 10/26/2023 | ATTORNEY Appearance for Plaintiff HYTTO PTE. LTD. by Jacob Daniel Radecki |
| 10/26/2023 | ATTORNEY Appearance for Plaintiff HYTTO PTE. LTD. by Nicholas Anthony Kurk |
| 10/26/2023 | SCHEDULE A by Plaintiff HYTTO PTE. LTD. Schedule A Modified on 2/3/2024. |
| 10/26/2023 | CIVIL Cover Sheet |
| 10/26/2023 | COMPLAINT filed by HYTTO PTE. LTD.; Jury Demand. Filing fee $ 402, receipt number AILNDC-21266648. 附件： 1:Exhibit 1 - Redacted Schedule A 2:Exhibit 2 - Lovense Mark with Assignment 3:Exhibit 3 - Lush Mark with Assignment 4:Exhibit 4 - The Counterfeit Silk Road 5:Exhibit 5 - Alibaba, Amazon, and Counterfeiting in the Age of the Internet 6:(Exhibit 6 - Combating Trafficking in Counterfeit and Pirated Goods) |
| 10/26/2023 | ATTORNEY Appearance for Plaintiff HYTTO PTE. LTD. by Stephen J. Rosenfeld |
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