最近更新：2024-12-25
2023-cv-04991
| 日期 | 描述 |
|---|---|
| 01/12/2024 | FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 1/12/2024. Mailed notice. |
| 01/12/2024 | ORDER signed by the Honorable John F. Kness on 1/12/2024. Civil case terminated. Mailed notice. |
| 01/08/2024 | CERTIFICATE of Service by Martin Francis Trainor on behalf of Authorized Spinal Tap LLC 附件： 1:Exhibit A |
| 01/07/2024 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiffs' motion for entry of default and default judgment against all Defendants. All remaining Defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, 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 1/11/2024. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiffs must serve this minute order forthwith upon all remaining Defendants and must promptly file proof of service. Mailed notice |
| 01/04/2024 | DECLARATION of Martin F. Trainor regarding memorandum in support of motion[37] 附件： 1:Exhibit 1 |
| 01/04/2024 | MEMORANDUM by Authorized Spinal Tap LLC in support of motion for entry of default, motion for default judgment[36] 附件： 1:Exhibit 1 |
| 01/04/2024 | MOTION by Plaintiff Authorized Spinal Tap LLC for entry of default, MOTION by Plaintiff Authorized Spinal Tap LLC for default judgment as to all Defendants 附件： 1:Exhibit A |
| 01/04/2024 | NOTICE of Voluntary Dismissal by Authorized Spinal Tap LLC as to certain defendants |
| 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. |
| 11/27/2023 | CERTIFICATE of Service by Sydney Paige Fenton on behalf of Authorized Spinal Tap LLC 附件： 1:Exhibit A |
| 11/27/2023 | NOTICE of Voluntary Dismissal by Authorized Spinal Tap LLC as to a certain Defendant |
| 11/24/2023 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [28] for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all remaining 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 11/30/2023." Plaintiff must file proof of service of the Court's statement forthwith. For the reasons stated in the Court's orders [20] [26] entering and extending the temporary restraining order ("TRO") [21], as well as in Plaintiff's motion [23] [24] 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 |
| 11/20/2023 | NOTICE of Voluntary Dismissal by Authorized Spinal Tap LLC as to certain Defendants |
| 11/16/2023 | MEMORANDUM by Authorized Spinal Tap LLC in support of motion for preliminary injunction[28] 附件： 1:Declaration of Martin F. Trainor 2:Exhibit 1 |
| 11/16/2023 | MOTION by Plaintiff Authorized Spinal Tap LLC for preliminary injunction 附件： 1:Exhibit A |
| 11/16/2023 | SUMMONS Returned Executed by Authorized Spinal Tap LLC as to The Partnerships and Unincorporated Associations Identified On Schedule A on 11/16/2023, answer due 12/7/2023. 附件： 1:Declaration of Sydney Fenton 2:Exhibit A |
| 11/06/2023 | EXTENSION OF TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 11/6/2023. Mailed notice |
| 11/06/2023 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to extend the temporary restraining order [23] is granted. Enter separate order. Mailed notice |
| 11/01/2023 | MEMORANDUM by Authorized Spinal Tap LLC in support of motion for miscellaneous relief[23] 附件： 1:Declaration of Martin F. Trainor |
| 11/01/2023 | MOTION by Plaintiff Authorized Spinal Tap LLC to Extend the Temporary Restraining Order |
| 10/26/2023 | SURETY BOND in the amount of $ 10,000 posted by Authorized Spinal Tap LLC. (Document not imaged) |
| 10/24/2023 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified On Schedule A |
| 10/23/2023 | SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 10/23/2023. Mailed notice. |
| 10/23/2023 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order [12], and motion for electronic service of process [16] are granted in part. Plaintiff's submissions (e.g., Dkt [13] [14]) 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 [2] and [15]. 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. Mailed notice |
| 09/26/2023 | NOTICE by Sydney Paige Fenton of Change of Address |
| 09/26/2023 | NOTICE by Martin Francis Trainor of Change of Address |
| 08/08/2023 | MEMORANDUM by Authorized Spinal Tap LLC in support of motion for miscellaneous relief[16] 附件： 1:Declaration of Martin F. Trainor 2:Exhibit 1 |
| 08/08/2023 | MOTION by Plaintiff Authorized Spinal Tap LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 08/08/2023 | SEALED EXHIBIT by Plaintiff Authorized Spinal Tap LLC Exhibit 2 Part 1-6 regarding declaration[14] |
| 08/08/2023 | DECLARATION of Stewart Miller regarding memorandum in support of motion[13] 附件： 1:Exhibit 1 |
| 08/08/2023 | MEMORANDUM by Authorized Spinal Tap LLC in support of motion for miscellaneous relief[12] 附件： 1:Declaration of Martin F. Trainor 2:Exhibit 1 |
| 08/08/2023 | MOTION by Plaintiff Authorized Spinal Tap LLC for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 08/01/2023 | EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John F. Kness for all further proceedings. Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 08/01/2023. |
| 08/01/2023 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 08/01/2023 | MAILED trademark report to Patent Trademark Office, Alexandria VA. |
| 07/31/2023 | 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. |
| 07/31/2023 | ATTORNEY Appearance for Plaintiff Authorized Spinal Tap LLC by Sydney Paige Fenton |
| 07/31/2023 | ATTORNEY Appearance for Plaintiff Authorized Spinal Tap LLC by Martin Francis Trainor |
| 07/31/2023 | Notice of Claims Involving Trademarks by Authorized Spinal Tap LLC |
| 07/31/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Authorized Spinal Tap LLC |
| 07/31/2023 | CIVIL Cover Sheet |
| 07/31/2023 | MOTION by Plaintiff Authorized Spinal Tap LLC for Leave to File Certain Documents Under Seal |
| 07/31/2023 | SEALED EXHIBIT by Plaintiff Authorized Spinal Tap LLC Schedule A regarding complaint 1 |
| 07/31/2023 | COMPLAINT filed by Authorized Spinal Tap LLC; Filing fee $ 402, receipt number AILNDC-20880915. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
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