最近更新：2024-12-25
2023-cv-05082
| 日期 | 描述 |
|---|---|
| 12/04/2023 | MAILED Copyright report with Order dated 12/1/23 to Registrar, Washington DC 附件： 1:closing Order |
| 12/01/2023 | FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 12/1/2023. Emailed notice. |
| 12/01/2023 | 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 [37] 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 $25,000 is an appropriate award of statutory damages against each remaining defendant. Enter Final Judgment Order. Civil case terminated. Emailed notice. |
| 11/15/2023 | CERTIFICATE of Service by Sydney Paige Fenton on behalf of Duffy Archive Limited 附件： 1:Exhibit A |
| 11/14/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment [37] against the remaining defendants identified in Amended Schedule A [37-1]. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Amended 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 11/28/23. 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 within one business day of its entry on the docket and must promptly file proof of that service. Emailed notice. |
| 11/13/2023 | DECLARATION of Martin F. Trainor regarding memorandum in support of motion[38] 附件： 1:Exhibit 1 |
| 11/13/2023 | MEMORANDUM by Duffy Archive Limited in support of motion for entry of default, motion for default judgment[37] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 11/13/2023 | MOTION by Plaintiff Duffy Archive Limited for entry of default, MOTION by Plaintiff Duffy Archive Limited for default judgment as to all Defendants 附件： 1:Exhibit 1 |
| 10/23/2023 | NEW PARTIES: L-FashionShoes Store, Shoes DIY Store and Shop1102754633 Store added to case caption. Terminating The Partnerships and Unincorporated Associations Identified On Schedule A |
| 10/19/2023 | 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 [35]. Summons were issued on 9/22/23 and Defendants' responses to the complaint were due by 10/13/23 [27]. By 11/13/23, 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. |
| 10/19/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for a preliminary injunction [28], which the Court now considers unopposed because no Defendant filed a notice of objection by the 10/6/23 deadline. 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 [33] 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. Emailed notice. |
| 10/19/2023 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 10/19/23. Emailed notice. |
| 09/26/2023 | CERTIFICATE of Service by Sydney Paige Fenton on behalf of Duffy Archive Limited 附件： 1:Exhibit A |
| 09/26/2023 | NOTICE by Sydney Paige Fenton of Change of Address |
| 09/26/2023 | NOTICE by Martin Francis Trainor of Change of Address |
| 09/25/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of a preliminary injunction [28], which the Court has taken under advisement. All remaining defendants are advised that the Court will consider the motion unopposed if no Defendant files a notice of objection by 10/6/23. Plaintiff must serve a copy of this minute order upon all remaining defendants within one business day of its entry upon the docket and promptly file proof of that service. For the reasons stated in the Court's orders initially entering the TRO, and then extending the TRO, 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. Emailed notice. |
| 09/22/2023 | MEMORANDUM by Duffy Archive Limited in support of motion for preliminary injunction[28] 附件： 1:Declaration of Martin F. Trainor 2:Exhibit 1 |
| 09/22/2023 | MOTION by Plaintiff Duffy Archive Limited for preliminary injunction 附件： 1:Exhibit A |
| 09/22/2023 | SUMMONS Returned Executed by Duffy Archive Limited as to The Partnerships and Unincorporated Associations Identified On Schedule A on 9/22/2023, answer due 10/13/2023. 附件： 1:Declaration of Sydney Fenton 2:Exhibit A |
| 09/15/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court grants Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order [24] for the reasons stated in the order granting the initial TRO [22]. The TRO is extended to 9/27/23. Emailed notice. |
| 09/08/2023 | MEMORANDUM by Duffy Archive Limited in support of motion for miscellaneous relief[24] 附件： 1:Declaration of Martin F. Trainor |
| 09/08/2023 | MOTION by Plaintiff Duffy Archive Limited to Extend the Temporary Restraining Order |
| 09/05/2023 | SURETY BOND in the amount of $ 5,000 posted by Duffy Archive Limited. (Document not Scanned) |
| 09/01/2023 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified On Schedule A |
| 08/30/2023 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 8/30/2023. Mailed copy to Plaintiff's counsel. |
| 08/30/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order including a temporary injunction, a temporary asset restraint, and expedited discovery [8] and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [12] are granted as to all Defendants on sealed Amended Schedule A [18]. 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. 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. Enter Sealed Temporary Restraining Order. Emailed notice. |
| 08/25/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Certain Documents Under Seal is [19] granted. Emailed notice. |
| 08/23/2023 | MOTION by Plaintiff Duffy Archive Limited for Leave to File Certain Documents Under Seal |
| 08/23/2023 | SEALED EXHIBIT by Plaintiff Duffy Archive Limited Schedule A regarding amended complaint[16] |
| 08/23/2023 | SEALED EXHIBIT by Plaintiff Duffy Archive Limited Exhibit 1 regarding amended complaint[16] |
| 08/23/2023 | AMENDED complaint by Duffy Archive Limited against The Partnerships and Unincorporated Associations Identified On Schedule A 附件： 1:Exhibit 2 2:Exhibit 3 3:Exhibit 4 4:Exhibit 5 |
| 08/14/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the Complaint [1], the Court questions whether joinder of 94 defendants is appropriate in this case. Plaintiff alleges that Defendants operate e-commerce stores that infringe upon its copyrighted works, the Aladdin Sane Photographs. The Complaint alleges that Defendants "concurrently employ and benefit from substantially similar advertising and marketing strategies" and "share identifiers" suggesting that their products "were manufactured by and come from a common source." [Id. at 9-10]. Although the Complaint and attachments total 150 pages, those are the only allegations offered to establish a connection between all of the 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, Plaintiff is ordered to file a supplemental memorandum addressing the propriety of joinder by 8/24/23. 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 ex parte motion for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery [8] and Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)[12] are taken under advisement until the joinder issue is resolved. Emailed notice. |
| 08/14/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Certain Documents Under Seal [3] is granted. Emailed notice. |
| 08/09/2023 | MEMORANDUM by Duffy Archive Limited in support of motion for miscellaneous relief[12] 附件： 1:Declaration of Martin F. Trainor 2:Exhibit 1 |
| 08/09/2023 | MOTION by Plaintiff Duffy Archive Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 08/09/2023 | SEALED EXHIBIT by Plaintiff Duffy Archive Limited Exhibit 2 Part 1-5 regarding declaration[10] 附件： 1:Exhibit 2-1 2:Exhibit 2-2 3:Exhibit 2-3 4:Exhibit 2-4 5:(Exhibit 2-5) |
| 08/09/2023 | DECLARATION of Stewart Miller regarding memorandum in support of motion[9] 附件： 1:Exhibit 1 |
| 08/09/2023 | MEMORANDUM by Duffy Archive Limited in support of motion for miscellaneous relief[8] 附件： 1:Declaration of Martin F. Trainor 2:Exhibit 1 |
| 08/09/2023 | MOTION by Plaintiff Duffy Archive Limited for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 08/02/2023 | 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. |
| 08/02/2023 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. |
| 08/02/2023 | ATTORNEY Appearance for Plaintiff Duffy Archive Limited by Sydney Paige Fenton |
| 08/02/2023 | ATTORNEY Appearance for Plaintiff Duffy Archive Limited by Martin Francis Trainor |
| 08/02/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Duffy Archive Limited |
| 08/02/2023 | CIVIL Cover Sheet |
| 08/02/2023 | MOTION by Plaintiff Duffy Archive Limited for Leave to File Certain Documents Under Seal |
| 08/02/2023 | SEALED EXHIBIT by Plaintiff Duffy Archive Limited Schedule A regarding complaint[1] |
| 08/02/2023 | COMPLAINT filed by Duffy Archive Limited; Filing fee $ 402, receipt number AILNDC-20890433. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
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