最近更新：2024-12-25
2023-cv-04383
| 日期 | 描述 |
|---|---|
| 12/02/2024 | FULL SATISFACTION of Judgment as to a certain Defendant |
| 08/30/2024 | FULL SATISFACTION of Judgment as to a certain Defendant |
| 06/02/2024 | FULL SATISFACTION of Judgment as to a certain Defendant |
| 05/30/2024 | FULL SATISFACTION of Judgment as to a certain Defendant |
| 04/29/2024 | FULL SATISFACTION of Judgment as to certain Defendants |
| 04/22/2024 | MAILED original ten-thousand-dollar ($10,000) surety bond posted by Plaintiff to Ann Marie Sullivan, Sullivan & Carter, LLP 2743 N. Ridgeway Ave., Chicago, IL 60647 via certified mail # 7019 2280 0000 0962 8583. |
| 04/18/2024 | ENTERED JUDGMENT. |
| 04/18/2024 | FINAL JUDGMENT Order signed by the Honorable Jeffrey I Cummings on 4/18/2024. Mailed notice |
| 04/18/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 51 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 copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. The court has considered the lower price point of the products at issue, the value of plaintiff's brand, plaintiff's effort to quantify the value of the sales of infringing products, and the need to deter infringement that is easily committed and difficult to stop. See generally, Canada Goose v. Goosebb.com, No. 21-cv-1037, 2021 WL 4192881, at *3 (N.D.Ill. Apr. 15, 2021) (considering price point of product when calculating damages). The Court notes, however, that plaintiff failed to specify in detail the efforts he has made to promote, market, and protect his own brand. Cf. Entertainment One, 384 F. Supp. 3d 941, 953 ("Plaintiff has expended millions of dollars promoting its trademarks and makes a substantial effort to protect its Peppa Pig brand by continuously enforcing its trademark rights in litigation."); Luxottica USA LLC v. P'ships Identified on Schedule A, No. 14-cv-9061, 2015 WL 3818622, at *3 (N.D. Ill. June 18, 2015) ("[T]he RAYBAN marks are well known and highly valuable" and Luxottica "has expended significant resources in promoting the RayBan brand"). Based on all of these considerations, the Court concludes that $35,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice |
| 04/10/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff has filed a stipulation to dismiss as to defendants CJ Seller 1 (No. 631) and CJ Seller 2 (No. 632) 61. Accordingly, the 4/10/24 deadline for plaintiff to file a reply in support of its motion for default judgment is stricken. Mailed notice |
| 04/09/2024 | NOTICE of Voluntary Dismissal by Stephen Garraty with prejudice as to certain Defendants |
| 03/27/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: The Court is in receipt of the response to plaintiff's motion for default filed by defendants CJ Seller 1 and CJ Seller 2 [59]. Plaintiff shall file a reply in support of its motion for default by 4/10/24. Mailed notice |
| 03/22/2024 | RESPONSE by CJ Seller 1, CJ Seller 2in Opposition to MOTION by Plaintiff Stephen Garraty for entry of default as to all remaining Defendants MOTION by Plaintiff Stephen Garraty for default judgment as to all remaining Defendants [51] |
| 03/22/2024 | ATTORNEY Appearance for Defendants CJ Seller 1, CJ Seller 2 by Timothy Tiewei Wang |
| 03/18/2024 | CERTIFICATE of Service by Alison K Carter on behalf of Stephen Garraty regarding text entry, [56] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 03/15/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion [51] for entry of default and default judgment against the remaining defendants. The remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 3/22/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice |
| 03/15/2024 | CONSENT JUDGMENT Signed by the Honorable Jeffrey I Cummings on 3/15/2024. Mailed notice |
| 03/15/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's unopposed motion for entry of consent judgment as to defendant DanceeMangoo [53] is granted. Enter consent judgment. Mailed notice |
| 03/12/2024 | MOTION by Plaintiff Stephen Garraty to approve consent judgment as to a certain Defendant |
| 03/12/2024 | MEMORANDUM by Stephen Garraty in support of motion for entry of default, motion for default judgment, [51] 附件： 1:Declaration of Alison K. Carter |
| 03/12/2024 | MOTION by Plaintiff Stephen Garraty for entry of default as to all remaining Defendants, MOTION by Plaintiff Stephen Garraty for default judgment as to all remaining Defendants 附件： 1:Exhibit 1 |
| 03/09/2024 | NOTICE of Voluntary Dismissal by Stephen Garraty with prejudice as to certain Defendants |
| 03/09/2024 | NOTICE of Voluntary Dismissal by Stephen Garraty without prejudice as to certain Defendants |
| 02/09/2024 | NOTICE of Voluntary Dismissal by Stephen Garraty as to certain Defendants |
| 01/22/2024 | NOTICE of Voluntary Dismissal by Stephen Garraty with prejudice as to certain Defendants |
| 01/18/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: Defendant Dasson's motion for extension of time to answer [45] is granted over plaintiff's objection. The parties are encouraged to continue their efforts to resolve this matter. If not, defendant Dasson shall answer or otherwise plead by 1/25/24. Mailed notice |
| 01/04/2024 | MOTION by Defendant Dasson for extension of time to file answer regarding complaint[1] OPPOSED |
| 01/04/2024 | ATTORNEY Appearance for Defendant Dasson by Christopher Paul Keleher |
| 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. |
| 12/27/2023 | NEW PARTIES: banweeras-0, bevilles jv93ka, bhgue2012, butonto, calla_6693, carmen668, centralflash1, chamini_2744, chenru64, cickicyy, comeforu, dannyinzoo, dasapr-1, deinhomeshop, DESAFIONa, detaler, dkuijiexiwl, easybuy_dkc, excellentck, fanfangan, fangjiamy, fijanep-0, gerobokummi, goupshuzhu, greatus20, guyuehu, USS, hinesbuc-7, homefuturebest, hometomama, hometoolstore715, hotspot-accessory68, huguaedd, huzenyo, industrial-ukhk, industry-gb1, intomyworld, jasminere, jewatn, jewelleryshop1688, ka789123, leligine, lesim-497505, lihu757, lontimns, loveshoppingcs228, mashangyou8fa, massnou, messick4, mikayl_15, mizoseong, mu2ff7in, mudarmin0, neetfoot, nevada-shop, newdwen, Smart Living Box, peleith0, plicism, pricetailor, prostore-98, redflow_vj6, reeleat, rongxin9988, rongyao2211, rose_store88, shamarlal-15, shanweixyue88, sipee560, Skilled 2jv9, skypayer, smoothshopping, sunnstary, suxitgo, thenbuyone, thuthou, toolspappystore, topthunder99, tubredoliv, twinkleshopforyou, twomendelu, w123654, wangzry, wuhuah12, xxzhaoyi5, ShopPetCrafts, YeSerendipityArt, lizzic, homezo, mopolily, sussic, wantops, DanceeMangoo, DancePeanut, Qoo10, ZhouZhiGuang, hao8bar, sitingsijie, productsir, sunxiaozhenjha, MXJstore, haimasite, liangliang store, Yurongruk, zhazhahui002, AMY2, Yay Technology, Harry Popo, A Makeups01, wuxiang1996, CJ Seller 1 and CJ Seller 2 added to case caption. (Sullivan, Ann Marie) |
| 12/27/2023 | NEW PARTIES: Zhengzhou Cebing Trading Co., Ltd., Gao'an Yuexi Trading Co., Ltd., Foshan Yizhi Intelligent Technology Co., Ltd., Yiwu Hodeang E-Commerce Co., Ltd., Yiwu Houkang Knitting Co., Ltd., Jeneey International Trade Co., Ltd., Guangzhou Panchi Trading Co., Ltd., Haining Qiangyi Trading Co., Ltd., Foshan Nanhai Rongxin Socks Factory, Foshan Weiyi Industry And Trade Co., Ltd., Guangzhou Xinyu Knitting Clothing Co., Ltd., Zhumadian Economic Development Zone Qianyuan Trading Co., Ltd., Wannee Two Store, Uhome Store, Eroswing Sporting Store, Matagorda Accessories Store, Shiny jewellery Store, RUNER Store, Margot-u Store, Smartside Store, Zxzms Store, Moneymoneyallmyround Store, ANGHE Official Store, Outdoor Sports Enthusiasts Store, Guanlin Store, VCEO Trendy Lifestyle Store, Ladies VIP Store, ULemeili(7-15 Days Delivery), Disener, YIXINGEwangluo, DOAEGNG, Devinly-US, YUNAIYI, Lookatool, Wangdongm, aiying_mei, flod-queen, gingertech, Dartphew Store, Ounabing, YanYong International Factory, 7-14 Fast Delivery Crown Tilting Co., Ltd., Ankarnis, SGAOGEW-5-15 Days Fast Delivery, MOMKER 7-15Days Arrive, Misealan, quanhangxingquanwangluokejiyouxiangongsi, Wyfdc, SHUAI Delivery within 7-15 days, LINYUG, sentry-box, luoyangshi zhengmeishangmaoyouxiangongsi, Dalaoke 7-10 days delivery, Dasson, Gittcoll, Fondbuy-Spirit, GuaeYup, LINssgg, BOlileyne, jxhou, EC077, Vedolay, NNAAII, Lumbley US-Store, Rekilyefop, Bluesti, inyuhuawanju, Yuaekjes, beautyca1, TheGroupdeal, TaYoung, flyFEI, Rmbaby, deberian, Novania 7-28 Days Delivery, BomKwow, C-Pioneer, panzi, SISHENGKUAJING, Esyllt, jaeryr, Jinan Zhaochun Daily Necessities Retail Co., Ltd., wenchangshijiahefangshangmaoyouxiangongsi, jingxiuqulefanriyongbaihuodian, tikaduodianzishangwuyouxianzerengongsi, MUGDGP, YIoyiY, BiroWero, YF shop, Danimou, ILUCI, Great Wall of the East, yangchuanluo, Ckxzui 50 percent Discount, FanLu0616, crampweui(7-20 Days Delivery), Kamosi_USA, SLYG STORE, SUPPION, persobe, FUDAO-US, Lanmino, Rhuyoshn, Chengsen, insaneness, Huaiyha, yunbidianzishangwu, Brand and seller must complain, LLL-333, HaiYunXuan 7-15Days Arrived, DBDOUWA, ZSJ, Wielberto, Changsha Yanlinan Electronic Commerce Co., Ltd., ZXG shop, Amaonea, TianYao shop, StrCloudUS, NK-US(7-14delivery), Binems-Kle, SHANSHANNN, Hmedalyck FAST ARRIVAL 5-20 DAYS, kaide, OutTop, Terfod, Hanncx, Kiefhi, yvshuwangluo, sdbbvnvbnjhj56yhyfg, Du Qingze, MQSHUHENMY, Enjoy Choice, qiunvUS123, sdsqdswzlsmyxgs, HAOHUAMING, yinxiwangluo, DAKRERY Shops, guochanghe, GZXDSY, qilinshop, YunPes, Chengmengmeng, Yousity 7-15days deliveried, guofangguomaoyiyouxiangongsi, Poeeabee, FITTEE, US Store Coshang Number One, YXKWNERRQ, djdjdj store, pathside188, liudongyangbm, Lu Ai Business, Kunming Encong Technology Co., Ltd., WMQPNNS, SUMMER HOT, rexiao shop, Zasekb, jing_nuodengshi, GDDXLM, Home & Beauty, Dolardtang, TigerOVO, wangguoshiwomenfashion, yuninxi, zhengzhouxuyinxinxikejiyouxiangongsi, z yuyico, Halloween Surprise Cabin, powerSUP offers up to 50 off, Taste store, Becobe, BzxMYiS, apparelone Store, erzhang Store, michalle Store, philipppe Store, cumax Store, nicespring Store, peanutoil Store, clothingforchoose Store, runlione Store, covde Store, hangtag Store, yarns Store, loveclothingfz3 Store, dou05 Store, yanqin04 Store, renshenguo Store, ximipu Store, shacksla Store, doulaso Store, xizhuang Store, lisa_shoes_nk Store, lolitassa, heathcliffy Store, mariefarmer Store, sparrownice Store, garrickica Store, depensibley Store, 2012xiwang, 2wanweiguo1213, Style_eShop, aliento_sol, allseems, amydefario2022, appliancehome88 and athletese33 added to case caption. (Sullivan, Ann Marie) |
| 12/20/2023 | PRELIMINARY INJUNCTION Order signed by the Honorable Jeffrey I Cummings on 12/20/2023. Mailed notice |
| 12/19/2023 | MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction [19] is granted. Plaintiff's filings establish that it 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 goods. Plaintiff has also certified and established [25] 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 remaining defendant. In light of the voluntary dismissal of additional defendants on 12/17/23, plaintiff shall submit an updated proposed preliminary injunction order to the Court's proposed order inbox by 12/20/23. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice |
| 12/17/2023 | NOTICE of Voluntary Dismissal by Stephen Garraty with prejudice as to certain Defendants |
| 12/08/2023 | MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the parties' joint reassignment status report [37], which indicates that the defendants that previously filed an opposition to plaintiff's motion for preliminary injunction have been dismissed from this matter. No other opposition having been filed, the motion is ripe for ruling. Plaintiff shall submit a proposed preliminary injunction order to the Court's proposed order inbox (Proposed_Order_Cummings@ilnd.uscourts.gov). Mailed notice |
| 12/01/2023 | NOTICE of Voluntary Dismissal by Stephen Garraty with prejudice as to certain Defendants |
| 11/29/2023 | STATUS Report by Stephen Garraty |
| 11/20/2023 | MINUTE entry before the Honorable Jeffrey I Cummings: On 10/30/23, the Court directed the parties to file a joint status for reassigned cases by 11/9/23. To date, the parties have not filed that report. The parties shall file the joint status report for reassigned cases by 11/29/23 in accordance with the template available on this Court's website. Mailed notice |
| 11/06/2023 | MINUTE entry before the Honorable Jeffrey I Cummings: Defendants' unopposed motion to extend time to answer or otherwise plead [34] is granted. Defendants to answer or otherwise plead by 11/27/23. Mailed notice |
| 11/03/2023 | MOTION by Defendants AiYouDimaoyi, Atianyi, BEATIZ, Crazyshuishou, Liu Haofeng, Mei Yingfan, Ruifaya, Shen Dingming, UOYOTT, aihour, amireuxu, bhee2se8cake, celinlkeoder, chedunchaoyang, chenrenz, cherrirsr, dayupstar, delicate1987, dengjiaxiang ggghh, dongren, duolaken, eryuetarget, excellbuying, fangdancc, futuresok, gracefulce, haifantian, haoyingmao, hiraesipu, jinshan2013, kekeyiyi, kellylogline10, kunjiadaren, likelyyangtuo, lilybeibei, lineumup, lucidy, metaltell, mingfanghuamao, mingwei, minipeace, newmcx2016-8, oneshot77-7, qiaonanzhe, quanjuncue, rearrange518, rosecying, sanmenpa, shanghaidianzhulan, shanxibailisikeji, shanxiliwusikejiyouxiangongsi, shengzhouru, sprincess, sryosicil, suguess, supermarket8882016, sweetteam, szsymdzkjyxgs, thenaying, wallacegaoo, wannaaonell, wannantobe, whereeverr, xiaoicecream, xovo1894, yanglucass, yanzhaong, yhxclx2010, yuenuli, zaczackja for extension of time to file answer regarding complaint[1] |
| 11/03/2023 | ATTORNEY Appearance for Defendant UOYOTT by Timothy Tiewei Wang |
| 11/02/2023 | ATTORNEY Appearance for Defendants mingwei, sryosicil, suguess, duolaken, oneshot77-7, likelyyangtuo, wannaaonell, chenrenz, wannantobe, eryuetarget, qiaonanzhe, haoyingmao, lineumup, wallacegaoo, zaczackja, supermarket8882016, whereeverr, yanglucass, amireuxu, mingfanghuamao, quanjuncue, rosecying, delicate1987, dongren, yuenuli, newmcx2016-8, sanmenpa, szsymdzkjyxgs, xovo1894, thenaying, liang-zheng, lilybeibei, celinlkeoder, lucidy, kunjiadaren, metaltell, hiraesipu, haifantian, yanzhaong, sweetteam, minipeace, cherrirsr, shengzhouru, rearrange518, fangdancc, yhxclx2010, sprincess, gracefulce, kellylogline10, excellbuying, jinshan2013, chedunchaoyang, aihour, futuresok, Crazyshuishou, dayupstar, kekeyiyi, bhee2se8cake, xiaoicecream, dengjiaxiang ggghh, Shen Dingming, shanghaidianzhulan, Atianyi, shanxibailisikeji, shanxiliwusikejiyouxiangongsi, Ruifaya, Liu Haofeng, AiYouDimaoyi, Mei Yingfan, BEATIZ by Timothy Tiewei Wang 附件： 1:Exhibit A - List of Represented defendants |
| 10/30/2023 | ORDER : STANDING ORDER REGARDING REASSIGNED CIVIL CASES: This case has been re-assigned to the initial calendar of Judge Jeffrey I. Cummings. All previously set status and motion hearing dates are stricken. All previously set discovery deadlines and briefing schedules remain intact. Signed by the Honorable Jeffrey I Cummings on 10/30/2023: Mailed notice. |
| 10/27/2023 | NOTICE of Voluntary Dismissal by Stephen Garraty as to Certain Defendants (Sullivan, Ann Marie) |
| 10/26/2023 | GENERAL ORDER 23-0040: EXECUTIVE COMMITTEE ORDER: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Jeffrey I. Cummings; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Jeffrey I. Cummings; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Jeffrey I. Cummings' webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's criminal case assignment system ninety (90) days so that Judge Cummings shall thereafter receive a full share of such cases. Case reassigned to the Honorable Jeffrey Cummings for all further proceedings. Honorable John F. Kness no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/26/2023. |
| 10/25/2023 | MINUTE entry before the Honorable John F. Kness: Defendants' Motion for leave to file excess pages [27] is granted. Mailed notice |
| 10/20/2023 | MOTION by Defendants (7-15 Days Fast) fadafafdadfa, AGJYKRE, AngelCitn, BCDshop, Byyong, DO-GENERIC(7-15Days Delivery), Egopitcing, FeiFei66, GUVIYQL, HDGTSA, JYBSTA, Katrina's Gift, MALLOOM, QchengING, RDYKTE, SUNLUCKY, Shouone, TaiyuZHOUa, USA Sunshine, UUJUNE US, Viviplus, WRYTmdfk, WULTOP (7-15 day Delivery), WwwUsn, XXHZL, Yakunmao, ZOOJINFAR(We ship package, others DON'T), dfguWEF, epartSAA, justno'| Halloween Big Deals, maikeldJS, melupa 7-15Days Arrive, vermers for leave to file excess pages |
| 10/20/2023 | RESPONSE by (7-15 Days Fast) fadafafdadfa, AGJYKRE, AngelCitn, BCDshop, Byyong, DO-GENERIC(7-15Days Delivery), Egopitcing, FeiFei66, GUVIYQL, HDGTSA, JYBSTA, Katrina's Gift, MALLOOM, QchengING, RDYKTE, SUNLUCKY, Shouone, TaiyuZHOUa, USA Sunshine, UUJUNE US, Viviplus, WRYTmdfk, WULTOP (7-15 day Delivery), WwwUsn, XXHZL, Yakunmao, ZOOJINFAR(We ship package, others DON'T), dfguWEF, epartSAA, justno'| Halloween Big Deals, maikeldJS, melupa 7-15Days Arrive, vermers to MOTION by Plaintiff Stephen Garraty for preliminary injunction [19] 附件： 1:Declaration of Zeng Yangfeng 2:Declaration of Zhan Kehong 3:Errata Unreported Opinions |
| 10/13/2023 | CERTIFICATE of Service of Minute Order [24] by Alison K Carter on behalf of Stephen Garraty |
| 10/13/2023 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [19] for entry of a preliminary injunction. Also before the Court is a motion [23] (filed by a subset of Defendants) inaccurately entitled "Motion to Set Briefing Schedule." That motion is inaccurately labeled because the relevant Defendants also seek an order unsealing docket entries 8 and 9 in addition to a briefing schedule on the motion [19] for a preliminary injunction. Regardless of labels, the motion [23] to set a briefing schedule is granted; any responses (by any Defendant) to the motion for a preliminary injunction must be filed on or before 10/20/2023. Any replies in support of a preliminary injunction must be filed on or before 10/27/2023. The motion for a preliminary injunction is otherwise entered and continued. The motion [23] seeking to unseal docket entries 8 and 9 is granted. Plaintiff must forthwith serve this minute order on all Defendants and must file proof of service. Plaintiff's motion [17] for an extension of the now-expired TRO is dismissed as moot. Mailed notice |
| 10/11/2023 | MOTION by Defendants (7-15 Days Fast) fadafafdadfa, AGJYKRE, AngelCitn, BCDshop, Byyong, DO-GENERIC(7-15Days Delivery), Egopitcing, FeiFei66, GUVIYQL, HDGTSA, JYBSTA, Katrina's Gift, MALLOOM, QchengING, RDYKTE, SUNLUCKY, Shouone, TEOSUDCNCC, TaiyuZHOUa, USA Sunshine, UUJUNE US, Viviplus, WRYTmdfk, WULTOP (7-15 day Delivery), WwwUsn, XXHZL, Yakunmao, ZOOJINFAR(We ship package, others DON'T), dfguWEF, epartSAA, justno'| Halloween Big Deals, maikeldJS, melupa 7-15Days Arrive, vermers to set a briefing schedule re: Dkt. 19 |
| 10/11/2023 | ATTORNEY Appearance for Defendants (7-15 Days Fast) fadafafdadfa, AGJYKRE, AngelCitn, BCDshop, dfguWEF, DO-GENERIC(7-15Days Delivery), Egopitcing, epartSAA, FeiFei66, JYBSTA, Katrina's Gift, maikeldJS, MALLOOM, QchengING, Shouone, SUNLUCKY, TaiyuZHOUa, TEOSUDCNCC, USA Sunshine, Viviplus, WRYTmdfk, WULTOP (7-15 day Delivery), WwwUsn, XXHZL, Yakunmao, Byyong, GUVIYQL, HDGTSA, justno'| Halloween Big Deals, melupa 7-15Days Arrive, RDYKTE, UUJUNE US, vermers, ZOOJINFAR(We ship package, others DON'T) by Adam Edward Urbanczyk |
| 10/10/2023 | SUMMONS Returned Executed by Stephen Garraty as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/10/2023, answer due 10/31/2023. 附件： 1:(Declaration of Service) |
| 10/10/2023 | MEMORANDUM by Stephen Garraty in support of motion for preliminary injunction 19 附件： 1:(Declaration of Ann Marie Sullivan) |
| 10/10/2023 | MOTION by Plaintiff Stephen Garraty for preliminary injunction |
| 09/22/2023 | SURETY BOND in the amount of $ 10,000 posted by Stephen Garraty. (Document not Scanned) |
| 09/26/2023 | MOTION by Plaintiff Stephen Garraty for extension of time of Temporary Restraining Order 16 附件： 1:Supplement Memorandum in Support of Motion 2:(Declaration of Alison Carter) |
| 09/22/2023 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 09/15/2023 | SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 9/15/2023. Mailed notice. |
| 09/15/2023 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a temporary restraining order and other relief 8 and motion for electronic service of process 10 are granted in part. Plaintiff's submissions (e.g., Dkt. 9) 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, 8, and 9. 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 an equitable accounting. 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 the 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 counterfeit 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 this Court and others have noted, there may be reason to question both the propriety of the joinder of 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. |
| 07/11/2023 | MAILED Copyright report to Registrar, Washington DC. |
| 07/11/2023 | NEW PARTIES: Stephen Garraty added to case caption. Terminating XYZ Corporation |
| 07/11/2023 | AMENDED complaint by XYZ Corporation against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:(Exhibit 1) |
| 07/11/2023 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 5 is granted in part and denied in part. Plaintiff's submissions 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. Conversely, there are no exceptional circumstances that would justify allowing plaintiff to conceal its own identity: Plaintiff's anticipated ex parte motion for preliminary injunctive relief will be adjudicated in the ordinary course, and the identity of the defendant entities will be placed under seal during the pendency of any ex parte proceedings. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the Court, as it has consistently done in so-called "Schedule A" counterfeiting cases that are filed on a daily basis in this District, to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). In view of, among other things, the great volume of so-called "Schedule A" copyright and trademark cases filed in this District (great volume and frequency are facially inconsistent with "exceptional circumstances"), as well as the commercial nature of Schedule A cases (as opposed to the prejudice to individuals' privacy interests typically found to justify anonymous or pseudonymous litigation), Plaintiff cannot demonstrate the exceptional circumstances required under governing Seventh Circuit precedent to proceed under a pseudonym. Accordingly, Plaintiff must file an amended complaint disclosing its full name (that means no pseudonyms) and asserted copyrights on or before 7/17/2023. Subject to unsealing at an appropriate time, Plaintiff may for now file its Schedule A, ex parte motion, and other associated filings under seal. Docket No. 7 may remain under seal pending the filing of an amended complaint. Failure to file an amended complaint that conforms to this order by the deadline will result in the dismissal of this case with prejudice for failure to prosecute. In the alternative, Plaintiff may voluntarily dismiss the case. Any other pending motions are entered and continued. Mailed notice |
| 07/10/2023 | MEMORANDUM by XYZ Corporation in support of motion for miscellaneous relief 10 for Electronic Service of Process 附件： 1:Declaration of Ann Marie Sullivan 2:(Exhibit 1-4) |
| 07/10/2023 | MOTION by Plaintiff XYZ Corporation for Electronic Service of Process |
| 07/10/2023 | SEALED DOCUMENT by Plaintiff XYZ Corporation Memorandum in Support of Motion for Temporary Restraining Order 附件： 1:Declaration in Support of Motion 2:Exhibit 1 3:Exhibit 2 - Part One 4:Exhibit 2 - Part Two 5:Exhibit 2 - Part Three 6:Exhibit 2 - Part Four 7:Exhibit 2 - Part Five 8:Exhibit 2 - Part Six 9:Exhibit 2 - Part Seven 10:(Declaration of Alison K. Carter) |
| 07/10/2023 | SEALED MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order |
| 07/10/2023 | 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. |
| 07/10/2023 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. |
| 07/07/2023 | SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint 附件： 1:Exhibit 1 2:(Exhibit 2 - Schedule A) |
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