最近更新：2024-12-25
2023-cv-05829
| 日期 | 描述 |
|---|---|
| 01/12/2024 | MINUTE entry before the Honorable Nancy L. Maldonado:Pursuant to the notice of voluntary dismissal 50 and Fed. R. Civ. P. 41(a)(1), the Court hereby dismisses all Defendants listed on the Amended Schedule A 28 from this case without prejudice. Civil case terminated. |
| 01/11/2024 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal Without Prejudice of All Remaining 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. |
| 12/13/2023 | NEW PARTIES: Alok Singh, Anurag Jain, Barry Cooper, Bruno Vidal, Calvin Lam, Carolina Coelho, Catia Gomes, Cristian Gonzalez, Daljeet Singh, Darlington B Smith Smith, Eduardo Lemos, Eileen Lee, Gabriel Silveira and Gary Ward added to case caption. |
| 12/13/2023 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 12/13/2023. |
| 12/13/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: Preliminary injunction hearing held on 12/13/2023 via Webex. Defendants were not present. For the reasons stated on the record, Plaintiff's motion for preliminary injunction 39 is granted as unopposed. Enter preliminary injunction order. The Clerk is requested to unseal Amended Schedule A 28 and the Temporary Restraining Order 33. Plaintiff's counsel is directed to ensure that the defendants listed on the Amended Schedule A are added to the court's docket within five business days. Instructions for adding a party to the docket can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. |
| 11/30/2023 | CERTIFICATE of Service by William Benjamin Kalbac on behalf of Emoji Company GmbH |
| 11/30/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: Motion hearing held on 11/30/2023 via WebEx video conference. Defendants were not present. Plaintiff failed to serve Defendants in a timely manner for today's hearing. Plaintiff's motion for preliminary injunction 29 is entered and continued for 12/13/2023 10:00 a.m. by Webex video conference. The dial-in number for the public is 650-479-3207; the access code is 23044715616. The parties will receive a WebEx invitation by email. By 12/1/2023, Plaintiff must serve a copy of its motion for preliminary injunction, as well as this minute order providing notice of the hearing, on all Defendants and shall file a certificate of service on the docket. |
| 11/30/2023 | CERTIFICATE of Service by Michael A. Hierl on behalf of Emoji Company GmbH |
| 11/20/2023 | SUMMONS Returned Executed by Emoji Company GmbH as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 11/17/2023, answer due 12/8/2023. |
| 11/17/2023 | MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff's motion for preliminary injunction 35 is set for a hearing on 11/30/23 at 11:00 a.m. by WebEx video conference. The dial-in number for the public is 650-479-3207; the access code is 23147269613. The parties will receive a WebEx invitation by email. Plaintiff must promptly serve a copy of its motion for preliminary injunction, as well as this minute order providing notice of the hearing, on all Defendants and shall file a certificate of service on the docket. Defendants shall have until prior to the hearing on 11/30/23 to appear and file any objection to the motion. Mailed notice |
| 11/17/2023 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 11/16/2023 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 39 |
| 11/16/2023 | MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction 39 |
| 11/16/2023 | MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 11/06/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's motion for extension of time for the temporary restraining order 37. The motion is granted for the reasons stated in the motion. The sealed temporary restraining order 33 is extended until 11/21/23. |
| 11/03/2023 | MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order as to All Defendants 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 10/23/2023 | MINUTE entry before the Honorable Nancy L. Maldonado:The Court is in receipt of Plaintiff's motion for extension of time for temporary restraining order 34. The motion is granted for the reasons stated in the motion. The sealed temporary restraining order 33 is extended until 11/07/23. |
| 10/19/2023 | SURETY BOND in the amount of $14,000 posted by Emoji Company GmbH (Document not scanned.) |
| 10/20/2023 | MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order |
| 10/10/2023 | SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Nancy L. Maldonado on 10/10/2023. Mailed notice. |
| 10/10/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed Plaintiff's memorandum in support of personal jurisdiction 30 and the screenshots provided in Dkt. 31 and finds that the Plaintiff has made a sufficient showing of personal jurisdiction for the time being, although Defendants may raise this issue after receiving notice of this lawsuit. For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the Temporary Restraining Order (TRO), Plaintiff's motions for electronic service of process and for a TRO, including a temporary injunction, a temporary asset restraint, and expedited discovery 10, are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 the individuals and entities operating Defendant online seller, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and a sale into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest. 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 Defendant. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendants and to implement the asset freeze. In light of the Supreme Court's recent holding in Abitron Austria GmbH v. Hetronic International, Inc., 600 U.S. 412 (2023) that §1114(1)(a) and §1125(a)(1) of the Lanham Act do not have extraterritorial application, Plaintiff should attempt to seek discovery that identifies where Defendants used Plaintiff's marks in commerce. Plaintiff shall deposit with the Clerk of Court fourteen thousand dollars ($14,000.00), either cash or surety bond, as security. |
| 10/05/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit A |
| 10/05/2023 | MEMORANDUM by Emoji Company GmbH Plaintiff's Supplemental Memorandum in Support of Personal Jurisdiction 附件： 1:(Exhibit B) |
| 09/26/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court has received Plaintiff's memorandum in support of joinder and its amended Schedule A. The screenshots attached to Plaintiff's Amended Schedule A do not provide the Court with any information or evidence to demonstrate that the Court has personal jurisdiction over these 14 defendants. By 10/5/23, Plaintiff shall submit a brief memorandum addressing whether this Court has personal jurisdiction over these Defendants. Plaintiff may also file an exhibit to support its argument for personal jurisdiction that may be filed under seal. Plaintiff must also submit an amended proposed TRO order that is consistent with Plaintiff's Amended Schedule A. |
| 09/25/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Sealed Exhibit AA |
| 09/25/2023 | MEMORANDUM by Emoji Company GmbH Plaintiff's Memorandum in Support of Joinder |
| 08/23/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court grants Plaintiff's motion for leave to file under seal 6. For the reasons provided in its motion, Plaintiff may file under seal its Schedule A identifying the list of Defendants and screenshots showing the Defendants' internet stores in Exhibit 2 of the Declaration of Anna K. Reiter. The Court also grants Plaintiff's motion for leave to file excess pages 9. Plaintiff may file its motion for a temporary restraining order that does not exceed 29-pages. Before the Court can rule on Plaintiff's motion for a temporary restraining order 10, the Court orders Plaintiffs to file a brief addressing the propriety of joinder of all defendants on or before 9/25/2023. See Estee Lauder Cosmetics Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps., Ltd. Liab. Cos., P'ships, and Unincorporated Ass'ns Identified on Schedule "A," 21-CV-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021). Plaintiff's brief must refer to specific facts alleged in this case to demonstrate that the violations alleged arise out of the same transaction, occurrence, or series of transactions or occurrences with citations to specific screenshots associated with specified Schedule A defendants to demonstrate that joinder of all of the 241 defendants is proper. |
| 08/23/2023 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 08/23/2023 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
| 08/22/2023 | Notice of Claims Involving Trademarks by Emoji Company GmbH |
| 08/22/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 11 of Reiter Declaration |
| 08/22/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 10 of Reiter Declaration |
| 08/22/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 9 of Reiter Declaration |
| 08/22/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 8 of Reiter Declaration |
| 08/22/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 7 of Reiter Declaration |
| 08/22/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 6 of Reiter Declaration |
| 08/22/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 5 of Reiter Declaration |
| 08/22/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 4 of Reiter Declaration |
| 08/22/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 3 of Reiter Declaration |
| 08/22/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 2 of Reiter Declaration |
| 08/22/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 1 of Reiter Declaration |
| 08/22/2023 | MEMORANDUM by Emoji Company GmbH in support of motion for temporary restraining order, 10 附件： 1:Declaration Santiago Declaration 2:Exhibit 1 3:Declaration Reiter Declaration 4:Declaration Hierl Declaration 5:Exhibit Hierl Exhibit 1 6:Exhibit Hierl Exhibit 2 7:(Exhibit Hierl Exhibit 3) |
| 08/22/2023 | MOTION by Plaintiff Emoji Company GmbH for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication |
| 08/22/2023 | MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 08/22/2023 | 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. |
| 08/22/2023 | CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. |
| 08/22/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Emoji Company GmbH |
| 08/22/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Sealed Schedule A |
| 08/22/2023 | MOTION by Plaintiff Emoji Company GmbH to seal document Plaintiff's Motion for Leave to File Under Seal |
| 08/22/2023 | ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Robert Payton Mcmurray |
| 08/22/2023 | ATTORNEY Appearance for Plaintiff Emoji Company GmbH by William Benjamin Kalbac |
| 08/22/2023 | ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Michael A. Hierl |
| 08/22/2023 | CIVIL Cover Sheet |
| 08/22/2023 | COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 402, receipt number AILNDC-20954106. 附件： 1:(Exhibit 1) |
案件最新进展，来源于美国联邦法院，下载文件请联系 18523047090 微信同号
被告名单文件：部分原告会选择隐匿发案，或者对提交的文件进行密封处理，因此包括被告信息在内的相关文件不会在前期公开（一般PI阶段左右才会公开）。
诉状：诉状通常包括原被告的基本信息、侵权行为、侵权类型，以及诉讼请求，如确认侵权、下架侵权产品、请求赔偿等，这个文件起诉就可以下载
案件每天自动更新，未及时更新的可点击 案件名称旁边 更新 按钮
