最近更新：2024-12-25
2023-cv-03230
| 日期 | 描述 |
|---|---|
| 09/19/2024 | FULL SATISFACTION of Judgment regarding order 104 of Defendant No. 88 (XICHENGSZ) |
| 05/01/2024 | AMENDED FINAL JUDGMENT ORDER Signed by the Honorable Jeffrey I Cummings on 5/1/2024. Mailed notice |
| 05/01/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: The Court's 4/16/24 final judgment order is amended to reflect the proper amount of the bond. Enter Amended Judgment Order. Mailed notice |
| 04/16/2024 | ENTERED JUDGMENT Mailed notice |
| 04/16/2024 | FINAL JUDGMENT ORDER Signed by the Honorable Jeffrey I Cummings on 4/16/2024. Mailed notice |
| 04/16/2024 | 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 95 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. This infringement was willful and statutory damages are awarded. The court has considered the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, the need to deter infringement that is easily committed and difficult to stop, and the safety risk to the public of the counterfeit cosmetic products at issue here. See Canada Goose v. Goosebb.com, No. 21-cv-1037, 2021 WL 4192881, at *3 (N.D.Ill. Apr. 15, 2021) (noting that because the counterfeit items were winter gear, "an inferior product actually poses a safety risk to consumers who might assume that it is more temperature resistant than it really is"). Based on these considerations, the Court concludes that $125,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice |
| 03/15/2024 | NOTICE of Voluntary Dismissal by ColourPop Cosmetics, LLC of Defendant No. 75 (Pink Raven) |
| 03/05/2024 | NOTICE of Voluntary Dismissal by ColourPop Cosmetics, LLC, Seed Beauty, LLC of Defendant No. 43 (AdoSurprise) |
| 01/18/2024 | AFFIDAVIT of Service filed by Plaintiffs ColourPop Cosmetics, LLC, Seed Beauty, LLC regarding the Court's January 18, 2024 Minute Order (Dkt. 96) served on Defendants identified in the First Amended Schedule A to the Complaint on January 18, 2024 |
| 01/18/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion 95 for entry of default and default judgment against all defendants. All remaining defendants have failed to either 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 1/31/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice |
| 01/10/2024 | MOTION by Plaintiffs ColourPop Cosmetics, LLC, Seed Beauty, LLC for entry of default and Default Judgment 附件： 1:Memorandum in support of Plaintiffs' Motion for Entry of Default and Default Judgment 2:Declaration of Christopher Tom 3:Exhibit A - Summons Service 4:Exhibit B - Website 5:Exhibit C - First Amended Schedule A 6:(Exhibit D - Default Judgment Orders) |
| 01/08/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff has filed a notice of voluntary dismissal as to defendant no. 123, The Green Market [93]. Accordingly, defendant Green Market's motion to vacate [85] and plaintiff's motion to strike [90] are terminated as moot. Mailed notice |
| 01/04/2024 | NOTICE of Voluntary Dismissal by ColourPop Cosmetics, LLC of Certain Defendant No. 123 (The Green Market) |
| 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. |
| 12/20/2023 | MEMORANDUM by ColourPop Cosmetics, LLC, Seed Beauty, LLC in Opposition to motion to vacate, 85 附件： 1:Declaration of Christopher Tom 2:Exhibit 1 -Service Email 3:Exhibit 2 -Service Email 4:Exhibit 3 -07.05.23 Minute Entry Service Email 5:Exhibit 4 -PI Service Email 6:Exhibit 5 -chinafirewalltest screenshot 7:Exhibit 6 -neverbounce.com screenshot 8:(Exhibit 7 -Service Email for Walmart) |
| 12/20/2023 | MOTION by Plaintiffs ColourPop Cosmetics, LLC, Seed Beauty, LLC to strike the Green Market's Memorandum of Law in Support of Motion to Vacate [ECF 85-2] |
| 12/14/2023 | MINUTE entry before the Honorable Jeffrey I Cummings: Attorney Brittany Zoll's motion to withdraw as attorney for plaintiffs [88] is granted. Brittany Zoll is terminated as counsel for plaintiffs. Mailed notice |
| 12/12/2023 | MOTION by Attorney Brittany Zoll to withdraw as attorney for ColourPop Cosmetics, LLC, Seed Beauty, LLC. No party information provided |
| 12/07/2023 | MINUTE entry before the Honorable Jeffrey I Cummings: The Court is in receipt of defendant The Green Market's motion to vacate default and preliminary injunction 85. Plaintiff shall respond by 12/20/23 Defendant shall reply by 1/5/24. The Court will review the parties' submissions and will either issue a ruling by mail or set a hearing if appropriate. Mailed notice |
| 12/03/2023 | MOTION by Defendant The Green Market (123) to vacate default and grant leave to file Answer or otherwise move with respect to the Complaint; to vacate the improperly Noticed and granted Preliminary Injunction; and leave pursuant to Rule 5 to serve co-Defendants by serving ECF 附件： 1:Text of Proposed Order 2:Declaration Memorandum of Law in Support of Motion 3:Affidavit Affidavit in Support 4:Exhibit A - Docket in Colourpop Cosmetics, LLC, et ano. v. The Individuals, et al., 2:23-cv-03230 (N.D.Ill.) 5:Exhibit B - Docket in Purple Innovation v. Chuang Fan Handicraft, et al., 2:22-cv-00620 (D.Utah) 6:Exhibit C - Order in Mwami v. U.S., et al., 1:99-cv-125 (D.D.C.) 7:Exhibit D - Order in Langford v. Jurez Cartel, et al., 1:20-cv-132 (D.N.D.) 8:(Exhibit E - Brief of Amici Curiae in Palace Skateboards Grp. v. Aimeey, et al., 1:21-cv-05860 (S.D.N.Y.)) |
| 12/03/2023 | ATTORNEY Appearance for Defendant The Green Market (123) by Baruch Simcha Gottesman |
| 11/28/2023 | STATUS Report in response to Dkt. 82 by ColourPop Cosmetics, LLC, Seed Beauty, LLC |
| 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 | NOTICE of Voluntary Dismissal by ColourPop Cosmetics, LLC, Seed Beauty, LLC of Defendant No. 89 (YFANCN) |
| 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. |
| 10/26/2023 | 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 Lindsay C. Jenkins no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/26/2023. |
| 10/24/2023 | NOTICE of Voluntary Dismissal by ColourPop Cosmetics, LLC, Seed Beauty, LLC re Defendant No. 11 Shantou City Hanya Cosmetics Co., Ltd |
| 10/18/2023 | NOTICE of Voluntary Dismissal by ColourPop Cosmetics, LLC, Seed Beauty, LLC re Defendant No. 117 |
| 10/13/2023 | NOTICE of Voluntary Dismissal by ColourPop Cosmetics, LLC, Seed Beauty, LLC re Defendant No. 6 Hangzhou Forever Beauty Cosmetics Co., Ltd. |
| 10/04/2023 | NOTICE of Voluntary Dismissal by ColourPop Cosmetics, LLC, Seed Beauty, LLC of Certain Defendants Nos. 10 (Qingdao Thamel Trading Co., Ltd.) and 59 (Goniome) |
| 10/03/2023 | ENTERED CONSENT JUDGMENT as to certain Defendants Signed by the Honorable Lindsay C. Jenkins on 10/3/2023. Mailed notice |
| 10/03/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's agreed motion for entry of a consent judgment 72 is granted. Separate order to issue. Mailed notice. |
| 09/29/2023 | MOTION by Plaintiffs ColourPop Cosmetics, LLC, Seed Beauty, LLC to approve consent judgment |
| 09/20/2023 | NOTICE of Voluntary Dismissal by ColourPop Cosmetics, LLC, Seed Beauty, LLC re Defendant Nos. 46, 66, and 70. |
| 09/19/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Motion to withdraw as attorney 69 is granted. David Hutchinson is terminated as counsel in this case. Mailed notice. |
| 09/18/2023 | MOTION by Attorney David E. Hutchinson to withdraw as attorney for ColourPop Cosmetics, LLC. No party information provided |
| 09/15/2023 | WITHDRAWING David E. Hutchinson as counsel for Plaintiff ColourPop Cosmetics, LLC and substituting Christopher Tom as counsel of record 附件： 1:Affidavit 2:(Text of Proposed Order) |
| 09/14/2023 | NOTICE of Voluntary Dismissal by ColourPop Cosmetics, LLC, Seed Beauty, LLC re Defendant Nos. 53 and 122 |
| 09/05/2023 | NOTICE of Voluntary Dismissal by ColourPop Cosmetics, LLC Defendant Nos. 1, 3, 4, 8, 9, 18, 26, 27, 62, 114 |
| 09/05/2023 | NEW PARTIES: Changsha Beauty Cosmetics Co., Ltd. (1), Guangdong Shengsheng Cosmetics Co., Ltd. (2), Guangzhou Fandisi Cosmetics Co., Ltd. (3), Guangzhou Natural Cosmetics Co., Ltd. (4), Hangzhou Charm Beauty Technology Co., Ltd. (5), Hangzhou Forever Beauty Cosmetics Co., Ltd. (6), Henan Dini Industrial Co., Ltd. (7), Henan Jinhe Yue Trading Co., Ltd. (8), Liaoning Shengjialin International Trading Co., Ltd. (9), Qingdao Thamel Trading Co., Ltd. (10), Shantou City Hanya Cosmetics Co., Ltd. (11), Shenzhen Beautyswan Technology Co., Ltd. (12), Shenzhen Fendy Cosmetics Co., Ltd (13), Shenzhen Fundy Cosmetics Co., Ltd. (14), Shenzhen Ismane Cosmetics Co., Limited (15), Shenzhen Joyo Cosmetics Co., Ltd. (16), Shenzhen Jue Mi Angel Cosmetics Co., Ltd. (17), Shenzhen Sincemile Makeup Co., Ltd. (18), Shenzhen Viva Beauty Technology Co., Ltd. (19), Shenzhen Wecould Technology Co., Ltd. (20), Shenzhen Xinlin Technology Co., Ltd. (21), Shenzhen Yizhongtianxia Technology Co., Ltd. (22), Shenzhen Yunhua Holding Company Limited (23), Yiwu Daijia Cosmetics Co., Ltd. (24), Yiwu Emarter E-Commerce Firm (25), Yiwu Feelord Cosmetic Products Co., Ltd. (26), Yiwu Zhenhai Trading Co., Ltd. (27), Zhengzhou Kaou Trading Co., Ltd. (28), Beatuy Store (29), Beautyfullove Store (30), FelinWel Store (31), maidebang Store (32), meilirensheng Store (33), mingzihaonan Store (34), Pink Beauty Shop Store (35), Shop1102119665 Store (36), Shop1102313185 Store (37), Shop1102770343 Store (38), Yugubingji Store (39), Deals (40), AAJ-STORE (41), Abutbul store (42), AdoSurprise (43), Aigerim Salieva (44), AUBELUNE:) (45), Aumude (46), B4st Offers (47), BEAMSY (48), DarkLight Tradings (50), dawang store (51), DNOMDE (52), DollarFriendly8 (53), East Ori ent (54), EasyStore1 (55), EDStore770 (56), EDUARD store (57), Gig Collections (58), Goniome (59), Hampstead Homes USA (60), Holoshop777 (61), hooc shop (62), Iara Cruz (63), IHaveThat (64), jm&jm (65), Joybulous (66), Kids Pets Family (67), LAXIR (68), MaVie Store (69), MaXiaoLei (70), Mile Wide Store (71), MilitaStore (72), Movo Cosmetics (73), Papalel (74), Pink Raven (75), R.A Choice Store (76), RCD ecommerce (77), shop.m.d. (78), SimpliHandy Essentials (79), Sleduy store (80), Stefana Balin (82), StoreForU1 (83), storyline91 (84), T.G.G.W (85), US Sourced (86), VeIMarket (87), XICHENGSZ (88), YFANCN (89), ai802 (90), candy5201314 (91), coloris (92), colourmall (93), ds3927 (94), dsbv (95), hairhealthshop (96), healthbarry (97), hnwindy (98), jonck10019 (99), lenkii (100), Tiktok Fashion Bags (101), walmartgoods (102), xlit (103), zhy0877 (104), zpaq (105), amandangel07 (106), denise-hahn (107), evellenemart (108), simanic (109), AMZXMAS (110), Camellia BJ (111), Fangqinghao (112), Folterhome (113), GWAABD Clothing (114), KandiKash (117), KI-8jcuD Clothing (118), MaoYuanXing (119), PSC Mall (120), sichuandonghonggeleikeji (121), Smart Team (122), The Green Market (123), XIUNGLOUIIS (124), 12T264efat2er (125), ejfhj (126), Kevin S Ledbetter (127), nanoxinguangdian (128), niggr521 (129), oiuejdi (130), othep (131), Pasardo Store (132), qianyiduliu (133), Stuff from India (134), xingchen61988 (135), zpmvhrt (136), haikoulaiyuandianzishangwuyouxiangongsi (115) and Haikoushijiyadianzishangwuyouxiangongsi (116) added to case caption. |
| 09/05/2023 | ATTORNEY Appearance for Plaintiff ColourPop Cosmetics, LLC by Christopher Tom |
| 08/24/2023 | PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 8/24/2023. Mailed notice. |
| 08/24/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction [ 56, 32 ] 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 38 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 shall unseal any documents that are sealed. The Law Firm of Boies Schiller Flexner LLP., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. |
| 08/23/2023 | NOTICE of Voluntary Dismissal by ColourPop Cosmetics, LLC, Seed Beauty, LLC as to Storyline91 |
| 08/23/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: The Court intends to grant the preliminary injunction motion such that no appearance on 8/24/23 will be necessary [60]. The court requests that Plaintiff's submit an updated proposed order to the court's proposed order box by 8/24/23. Mailed notice. |
| 08/17/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: At the Plaintiff's request, the status hearing set for 8/22/2023 50 is stricken and re-set for 8/24/2023 at 9:45 a.m. in Courtroom 2119. Mailed notice. |
| 08/16/2023 | ATTORNEY Appearance for Plaintiffs ColourPop Cosmetics, LLC, Seed Beauty, LLC by David Edward Hutchinson |
| 08/16/2023 | ATTORNEY Appearance for Plaintiff ColourPop Cosmetics, LLC by Brittany Zoll |
| 08/15/2023 | NOTICE of Voluntary Dismissal by ColourPop Cosmetics, LLC, Seed Beauty, LLC PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS |
| 07/25/2023 | MOTION by Plaintiffs ColourPop Cosmetics, LLC, Seed Beauty, LLC for preliminary injunction PLAINTIFFS' MOTION FOR ENTRY OF A PRELIMINARY INJUNCTION 附件： 1:MEMORANDUM IN SUPPORT OF PLAINTIFFS' MOTION FOR ENTRY OF A PRELIMINARY INJUNCTION 2:(Declaration DECLARATION OF ROSSANA BAEZA) |
| 07/21/2023 | SUMMONS Returned Executed by ColourPop Cosmetics, LLC, Seed Beauty, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint on 7/19/2023, answer due 8/9/2023; beike store on 7/19/2023, answer due 8/9/2023. |
| 07/21/2023 | STATUS Report Plaintiffs ColourPop Cosmetics, by ColourPop Cosmetics, LLC, Seed Beauty, LLC |
| 07/21/2023 | NOTICE of Voluntary Dismissal by ColourPop Cosmetics, LLC, Seed Beauty, LLC PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS |
| 07/17/2023 | ANSWER to Complaint by Soko Camelia Store. |
| 07/17/2023 | ANSWER to Complaint by Soko Camelia Store. |
| 07/18/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: The unopposed motion to reset the July 27, 2023 status hearing 49 is granted. Due to the Court's calendar, the status hearing set for July 27, 2023 44 is reset to August 22, 2023 at 9:00 a.m. in Courtroom 2119. The parties should file a joint status report by or before August 16, 2023 instead of on July 25, 2023. Mailed notice. |
| 07/18/2023 | MOTION by Defendant beike store to reset July 27, 2023 Status Conference to a Telephone Hearing or, in the Alternative Move the Hearing Date (Unopposed) |
| 07/14/2023 | ATTORNEY Appearance for Plaintiffs ColourPop Cosmetics, LLC, Seed Beauty, LLC by Rossana Baeza |
| 07/14/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant beike store's unopposed motion for extension of time in which to answer or otherwise plead 46 is granted. Defendant's responsive pleading is due on or before August 16, 2023. Mailed notice. |
| 07/13/2023 | MOTION by Defendant beike store for extension of time to file answer or otherwise respond to plaintiff's complaint (unopposed) |
| 07/12/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: In light of Defendant beike storein's opposition to the motion for a preliminary injunction 32, the matter is set for an in-person status hearing on July 27, 2023 at 10 a.m. in Courtroom 2119. The parties shall file a joint status report by or before July 25, 2023. Mailed notice. |
| 07/11/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins:Motion to withdraw as attorney 41 is granted. Attorney David Edward Hutchinson terminated as counsel for Plaintiff. Mailed notice. |
| 07/11/2023 | RESPONSE by beike storein Opposition to MOTION by Plaintiffs ColourPop Cosmetics, LLC, Seed Beauty, LLC for preliminary injunction and to extend the temporary restraining order until ruling on the preliminary injunction. 32 附件： 1:Exhibit List 2:Declaration of Tang Yanyan 3:Exhibit A United States Trademark Registration No. 6,780,353 4:Exhibit B Sales data of accused product 5:(Exhibit C beike store Amazon.com Go Ho Product Listings) |
| 07/10/2023 | MOTION by Attorney David Hutchinson to withdraw as attorney for ColourPop Cosmetics, LLC, Seed Beauty, LLC. No party information provided 附件： 1:Affidavit 2:(Text of Proposed Order) |
| 07/07/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Motion by Attorney Blake Goebel to appear [39] is granted. Mailed notice |
| 07/06/2023 | MOTION by Plaintiffs ColourPop Cosmetics, LLC, Seed Beauty, LLC for leave to appear as Attorney by Blake Goebel |
| 07/05/2023 | CERTIFICATE of Service by Plaintiffs ColourPop Cosmetics, LLC, Seed Beauty, LLC regarding text entry, 37 Certificate of Service of the Court's Minute Order [ECF 37]. |
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