最近更新：2024-12-25
2023-cv-04829
| 日期 | 描述 |
|---|---|
| 07/11/2024 | FULL SATISFACTION of Judgment regarding order dismissing case 52 in the amount of $35,000 as to certain defendant |
| 03/14/2024 | FULL SATISFACTION of Judgment regarding order dismissing case 52 in the amount of $35,000 as to certain defendants |
| 01/18/2024 | NOTICE of return of material to Greer, Burns & Crain, Ltd. bond 31 |
| 12/12/2023 | MAILED trademark report to Patent Trademark Office, Alexandria VA. |
| 12/11/2023 | DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 12/11/2023. Emailed notice. |
| 12/11/2023 | 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 [45] 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 $35,000 is an appropriate award of statutory damages against each remaining defendant. Enter Final Judgment Order. Civil case terminated. Emailed notice. |
| 12/07/2023 | NOTICE of Voluntary Dismissal by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. as to certain defendant |
| 11/22/2023 | CERTIFICATE of Service by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. regarding set motion and R&R deadlines/hearings, 48 附件： 1:Exhibit A 2:(Exhibit 1) |
| 11/22/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment 45 against the remaining defendants identified in Schedule A attached to Plaintiff's memorandum in support of its motion [46-1]. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all 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 12/6/23. 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 by close of business on 11/27/23 and must promptly file proof of that service. Emailed notice. |
| 11/21/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[46] 附件： 1:Exhibit 1 |
| 11/21/2023 | MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for entry of default, motion for default judgment, [45] 附件： 1:Exhibit 1 |
| 11/21/2023 | MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for entry of default as to all Defendants, MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for default judgment as to all Defendants 附件： 1:Exhibit A |
| 11/02/2023 | NOTICE of Voluntary Dismissal by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. as to certain defendants |
| 10/26/2023 | NEW PARTIES: Yiwu Kejia Import And Export Co., Ltd., YWZC, tongbaluninternati-0, vkkcv, wanailing6-78, wangb9866, wangmeng9386, xiaoyu1544, xueqin8, yerong726, yijian18-21, zhengmianfangzhipin, zhiyuangongchengg0, zhongl-3511, Casual Living, Cycling Positive Energy Club, Easy Star, Heylife, John Maynard Keynes glasses, KIHEYE, Manyue Business and Trade, Ou renfre, Produce more trade, Qiyang Trade Selection, SomeNovelty, Topvalue, Trendwatcher, Sefly Co.Itd, 1sunmengxue, Jerfrutter, latraviesaloco, marketingrp and zanjipen added to case caption. |
| 10/24/2023 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 10/24/23. Emailed notice |
| 10/24/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Motion hearing held telephonically. Defendants failed to appear. Before the Court is Plaintiff's motion for a preliminary injunction [36], which the Court now considers unopposed because no Defendant filed a notice of objection by the 10/23/23 deadline or 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 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 [40] 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 Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Signed order to follow. Emailed notice. |
| 10/12/2023 | SUMMONS Returned Executed by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/12/2023, answer due 11/2/2023. 附件： 1:Declaration of Thomas J. Juettner 2:(Exhibit A) |
| 10/12/2023 | CERTIFICATE of Service by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. regarding set motion and R&R deadlines/hearings, 39 附件： 1:Exhibit A 2:(Exhibit 1) |
| 10/11/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiffs' Motion for Preliminary Injunction [36] is taken under advisement. A telephonic motion hearing is set for 10/24/23 at 9:30 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 will be able to 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. The motion may be considered unopposed as to any Defendant who does not file an objection by 10/23/23 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO [29] and the order extending the TRO [34], the TRO is extended to and including the date 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 Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. 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. |
| 10/10/2023 | SUMMONS Returned Executed by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, Inc. 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 Thomas J. Juettner 2:Exhibit A |
| 10/10/2023 | MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for preliminary injunction[36] 附件： 1:Declaration of Jake M. Christensen 2:Exhibit 1 |
| 10/10/2023 | MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for preliminary injunction 附件： 1:Exhibit A |
| 10/10/2023 | NOTICE of Voluntary Dismissal by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. as to a Certain Defendant |
| 09/27/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court grants Plaintiff's Motion to Extend the Temporary Restraining Order 32. The TRO is extended to 10/13/23 for the reasons stated in the order granting the initial TRO 30. Emailed notice. |
| 09/26/2023 | MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of extension of time[32] 附件： 1:Declaration of Jake M. Christensen |
| 09/26/2023 | MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for extension of time of Temporary Restraining Order |
| 09/21/2023 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (mek,) |
| 09/18/2023 | SURETY BOND in the amount of $ 10,000 posted by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. (Document not scanned.) |
| 09/15/2023 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 9/15/23. Emailed notice. |
| 09/15/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiffs' ex parte motion for a temporary restraining order including a temporary injunction, a temporary transfer of the domain names, a temporary asset restraint, and expedited discovery 15 and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 20 are granted as to all Defendants on sealed Amended Schedule A 25. Plaintiff's submissions generally establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested 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 previously granted motion to seal 19. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. The Court further finds that Plaintiff's filings support proceeding (for the time being) on an ex parte basis since, 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 accounting. The screenshot evidence submitted by Plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, an injunction is in the public interest due to the consumer confusion caused by counterfeit goods, and there is no countervailing harm to Defendants from an order directing them to stop infringement. A transfer of domain names is also appropriate to prevent infringing conduct. Finally, 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. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any defendant appears and objects, the Court will promptly revisit the asset freeze and joinder. Plaintiff shall post a bond of $10,000 with the Court. Enter Sealed Temporary Restraining Order. Emailed notice. |
| 08/25/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of Plaintiff's memorandum regarding joinder 26 and Plaintiff's Amended Complaint 24, the Court concludes that at least at this early stage of the case, there is a sufficient basis to find that permissive joinder of the defendants on sealed Amended Schedule A 25 is likely proper. Accordingly, the case may proceed, and the Court will rule on the pending motions 15 20 shortly. Emailed notice. |
| 08/04/2023 | DECLARATION of Justin R. Gaudio regarding memorandum 26 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:Exhibit 6 7:Exhibit 7 8:(Exhibit 8) |
| 08/04/2023 | MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Establishing that Joinder is Proper |
| 08/04/2023 | SEALED EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Amended Schedule A regarding amended complaint, 24 |
| 08/04/2023 | AMENDED complaint by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
| 07/31/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the Complaint 1, the Court questions whether joinder of the 78 defendants identified on sealed Schedule A 2 is appropriate in this case. Plaintiffs generally allege that Defendants operate e-commerce stores under the Seller Aliases listed on Schedule A and they sell multiple brands of counterfeit eyewear products by employing similar advertising and marketing strategies and sharing unique identifiers that suggest all the products are manufactured by a common source. Although the Complaint and attachments total nearly 300 pages, those are the only details offered to establish a connection between the named defendants. Such conclusory statements, however, do not satisfy the principles described in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.3d 182 (N.D. Ill. 2020). Accordingly, Plaintiffs are ordered to file a supplemental memorandum addressing the propriety of joinder by 8/14/23. Alternatively, by the same date, Plaintiffs are granted leave to file an amended complaint with a smaller subset of defendants that includes specific allegations supporting joinder. Plaintiffs' Motion for Temporary Restraining Order including a Temporary Injunction, a Temporary Asset Restraint and Expedited Discovery 15 and Motion for Electronic Service of Process 20 are taken under advisement until the joinder issue is resolved. Emailed notice. |
| 07/28/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 21 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 07/28/2023 | MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for miscellaneous relief 20 |
| 07/28/2023 | MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 07/28/2023 | SEALED EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Exhibit 3 - Parts 1-4 regarding declaration 18 附件： 1:Exhibit 3-1 2:Exhibit 3-2 3:Exhibit 3-3 4:(Exhibit 3-4) |
| 07/28/2023 | DECLARATION of Jason Groppe regarding memorandum in support of motion 16 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 07/28/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 16 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
| 07/28/2023 | MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for temporary restraining order, 15 |
| 07/28/2023 | MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery |
| 07/27/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiffs' Motion for Leave to File Under Seal [3] is granted. Emailed notice. |
| 07/26/2023 | NOTICE of Correction regarding mailed. |
| 07/26/2023 | MAILED Order [19] dated 07/25/2023 to Plaintiff Virgil Milton Robinson. |
| 07/26/2023 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 07/26/2023 | MAILED trademark report to Patent Trademark Office, Alexandria VA. |
| 07/26/2023 | 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. |
| 07/26/2023 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. |
| 07/25/2023 | ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Thomas Joseph Juettner |
| 07/25/2023 | ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Jake Michael Christensen |
| 07/25/2023 | ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Amy Crout Ziegler |
| 07/25/2023 | ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Justin R. Gaudio |
| 07/25/2023 | Notice of Claims Involving Trademarks by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. |
| 07/25/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. |
| 07/25/2023 | CIVIL Cover Sheet |
| 07/25/2023 | MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for leave to file under seal |
| 07/25/2023 | SEALED EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Schedule A regarding complaint[1] |
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