最近更新：2024-12-25
2023-cv-01112
| 日期 | 描述 |
|---|---|
| 01/12/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a "Notice of Voluntary Dismissal" 79 as to all remaining Defendants. Because the Notice of Dismissal was filed before the opposing parties served either an answer or a motion for summary judgment, the case is dismissed without prejudice consistent with the terms of the Notice of Dismissal and by operation of Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). Each remaining party is to bear its own fees and costs. All pending motions are dismissed as moot. Civil case terminated. Mailed notice. |
| 01/11/2024 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal Without Prejudice of All Remaining Defendants |
| 01/09/2024 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 105 |
| 01/04/2024 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No.120 |
| 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. |
| 12/12/2023 | MINUTE entry before the Honorable John F. Kness: Plaintiff's unopposed motion for a first extension of time to file a response [69] is granted. Plaintiff's motion for leave to file excess pages [70] is granted. Mailed notice. |
| 12/11/2023 | MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 12/08/2023 | MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Response to Defendant's Motion to Set Aside Default [Dkt. No. 66] |
| 11/21/2023 | MINUTE entry before the Honorable John F. Kness: Telephonic motion hearing held on 11/21/2023. Counsel for Plaintiff appeared. Counsel for Defendant Shenzhen Elaimei Biotechnology Co., Ltd. appeared. As discussed in open court, Plaintiff's response to Defendant's request to set aside default 66 must be filed on or before 12/8/2023 and Defendant's reply must be filed on or before 12/15/2023. All pending motions are entered and continued until further order of Court. Mailed notice |
| 11/20/2023 | MINUTE entry before the Honorable John F. Kness: Motion Hearing set for 11/21/2023 at 9:30 AM is reset for 11/21/2023 at 10:10 AM. TIME CHANGE ONLY. Mailed notice |
| 11/17/2023 | RESPONSE by Shenzhen Elaimei Biotechnology Co., Ltd. to MOTION by Plaintiff Emoji Company GmbH for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A 59 |
| 11/16/2023 | MINUTE entry before the Honorable John F. Kness: Motion Hearing on the pending motion for default judgment 59 and motion extension of time 63 is set for 11/21/2023 at 09:30 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice |
| 11/15/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 11/10/2023 | MOTION by Defendant Shenzhen Elaimei Biotechnology Co., Ltd. for extension of time 附件： 1:Exhibit 1 2:Exhibit 2 3:Declaration of Benjamin Solter 4:(Declaration of Shengqiang Wang) |
| 11/10/2023 | ATTORNEY Appearance for Defendant Shenzhen Elaimei Biotechnology Co., Ltd. by Benjamin Solter |
| 11/09/2023 | DECLARATION of Michael A. Hierl regarding motion for default judgment, 59 附件： 1:(Exhibit Hierl Exhibit 1) |
| 11/09/2023 | MEMORANDUM by Emoji Company GmbH in support of motion for default judgment, 59 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 11/09/2023 | MOTION by Plaintiff Emoji Company GmbH for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A 附件： 1:(Exhibit A) |
| 11/09/2023 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Emoji Company GmbH |
| 11/01/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 167 |
| 10/19/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 128, 140 |
| 10/02/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 19 |
| 09/16/2023 | MINUTE entry before the Honorable John F. Kness: Before the Court is the motion 45 to dismiss for lack of personal jurisdiction filed by Defendant Xiamen Hailun Trading Co., Ltd. ("Defendant Xiamen"). Defendant Xiamen asserts, in short, that the Court lacks personal jurisdiction because Defendant Xiamen never shipped any infringing items to Illinois. Defendant Xiamen has provided a declaration 47 in support of this contention. In contrast, Plaintiff has not responded to the motion to dismiss despite having been provided 48 the opportunity to do so. Because it appears that Defendant Xiamen never shipped an infringing product to this forum (Plaintiff has provided no contrary evidence), the Court lacks personal jurisdiction over Defendant Xiamen. See, e.g., NBA Properties, Inc. v. HANWJH, 46 F.4th 614, 625 (7th Cir. 2022) (affirming denial of motion to dismiss on personal jurisdiction grounds because defendant had shipped product to relevant forum). Accordingly, the motion to dismiss 45 is granted, and Defendant Xiamen is dismissed from this action without prejudice. Mailed notice |
| 08/24/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 111 |
| 08/04/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 84 |
| 08/03/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 3 |
| 07/31/2023 | MINUTE entry before the Honorable John F. Kness: Defendant Ineonlife Neon Store Store Agreed Motion to withdraw its motion 49 is granted. Defendant Ineonlife Neon Store Store motion to dissolve the preliminary injunction 41 is withdrawn. Mailed notice |
| 07/28/2023 | MOTION by Defendant Ineonlife Neon Store Store to withdraw motion for miscellaneous relief 41 AGREED |
| 07/25/2023 | MINUTE entry before the Honorable John F. Kness: The Court sets the following briefing schedule on Defendant's motion to dismiss 45 : Plaintiff must respond on or before 8/21/2023 and Defendants must reply on or before 9/11/2023. Within one week of filing, each side must provide two paper courtesy copies of their respective briefs via U.S. Mail or reliable commercial delivery service. Mailed notice |
| 07/21/2023 | DECLARATION regarding motion to dismiss/lack of jurisdiction 45 by Xiamen Hailun Trading Co., Ltd.'s representative Kunhuo Gong |
| 07/21/2023 | MEMORANDUM by Xiamen Hailun Trading Co., Ltd. in support of motion to dismiss/lack of jurisdiction 45 |
| 07/21/2023 | MOTION by Defendant Xiamen Hailun Trading Co., Ltd. to dismiss for lack of jurisdiction |
| 07/21/2023 | NOTICE of Motion by Zhen Pan for presentment of |
| 07/21/2023 | MINUTE entry before the Honorable John F. Kness: Any response for the motion for preliminary injunction 41 is due by 8/4/2023; reply by 8/18/2023. Mailed notice |
| 07/13/2023 | MEMORANDUM by Ineonlife Neon Store Store in support of motion for miscellaneous relief 41 Dissolve Preliminary Injunction 附件： 1:(Exhibit) |
| 07/13/2023 | MOTION by Defendant Ineonlife Neon Store StoreDissolve Preliminary Injunction |
| 07/11/2023 | NEW PARTIES: INTELLECT-2 Store, Jagencn official Store, JENE Dropshipping Store, JILEI MAGIC Store, Joygoo Toy Store, koo true Store, KuiLu Toy Store, Leizi Super Cool Sticker Store, Light King Store, Little Clouds Store, LoLozzx Accessories Store, Luffyhome Store, Makersland Official Store, MDCC Jewellry Store, Merve silver Store, mu zi li pin Store, My Exquisite Life Store, myaokue-up Official Store, NEW NAIL Store, Noveltys Toy Store, Office-Equipment Store, OTOTEKNIK FE Store, RVRTJN Store, ShasKi Store and Shop1100142542 Store added to case caption. |
| 07/11/2023 | NEW PARTIES: CHUANGQI Store, FashionShell Store, Ineonlife Neon Store Store, Sirius A16 Store, Sirius A2 Store, Quanzhou Kaihua Global Trading Co., Ltd, Quanzhou Yoho Yoho Trading Co., Ltd., AB44436 Store, AC77715 Store, ASKLDDL Store, Babymod Store, Bebobsons offer Store, Biscuit ppuppy Store, black king wuyujing2019 Store, Bonnie's Phone Accessory Store, Carefree Jewelry House Store, Colorful printing shop Store, Creart Store, Eric silicone keyboard Screen film protector Store, Fashion Charms Store Store, Handy is a new home Store, HHGG Store, Home accessory Mall Store and Innovation 2021 Store added to case caption. |
| 07/11/2023 | NEW PARTIES: Shenzhen Lianqiang Exhibition Display Co., Ltd., Shenzhen Liang Jia Liang Technology Co., Ltd., Shenzhen Longgang District Bainatong Firm, Shenzhen MingFengXing Art & Craft Products Co., Ltd., Shenzhen Omd Industrial Limited, Shenzhen Reborn Technology Co., Ltd., Shenzhen TBD Optoelectronics Technology Co., Ltd., Shenzhen Vissko Technology Co., Ltd., Shenzhen Wazney Electronic Technology Co., Ltd., Shenzhen Yinshifan International Trade Co., Ltd., Topsun (Jiangsu) Imp And Exp Co., Ltd., Wenzhou Dakai Crafts Co., Ltd., Wuhan Tknow Toys Co., Ltd., Xiamen Fushunjie Industry And Trade Co., Ltd., Xiamen Hailun Trading Co., Ltd., Xinxiang Dixini E-Commerce Co., Ltd., Yiwu Donghong Plastic Co., Ltd., Yiwu Fenliang Trade Co., Ltd., Yiwu Gbay Jewelry Co., Ltd., Yiwu Guiyuan Art& Craft Co., Limited, Yiwu Isabella Arts & Crafts Co., Ltd., Yiwu Jin Yue Crafts Co., Ltd., Yiwu Luna Jewelry Co., Ltd., Yiwu Raochi Import And Export Co., Ltd., Yiwu Rongnuo Jewelry Co.,ltd., Yiwu Theway Craft Co., Ltd., Yiwu Tianyuan Pen Ltd., Company, Yiwu Xinshiyuan E-Buisiness Co., Ltd., Yiwu Xunxipin Network Technology Co., Ltd., Yiwu Yiya Jewelry Firm, Yiwu Yueran Packing Products Co., Ltd., Yiwu Yusheng E-Commerce Firm, Yixing Kaipei Cosmetics Co., Ltd., Zhangzhou Daimeng Clothing Co., Ltd., Zhejiang Newlilai Craftwork Co., Ltd., Zhejiang Xinmeilai Jewelry Co., Ltd., Zhejiang Yinghua Trade Co., Ltd., Zhongshan Jinge Trading Co., Ltd. and Zhuji Hua Li Zu Xiu Knitting Factory added to case caption. |
| 07/11/2023 | NEW PARTIES: Hebei Yerong Trading Company Ltd., Henan Zhongzheng Trade Co., Ltd., Huangshi Better International Trade Co., Ltd., Huichang Junpeng Electronic Commerce Co., Ltd., Huizhou Meka Technology Co., Ltd., Hunan Kangxuan Technology Co., Ltd., Jiangmen Aoxin Trade Co., Ltd., inhua Hairong Import And Export Co., Ltd., Jinhua Queenknow Stationery & Sporting Co., Ltd, Nangong Weiya Felt Products Co., Ltd., Nangong Yuyi Felt Products Factory, Nanjing Babytop International Trading Co., Ltd., Ningbo Heyuan Textile Product Co., Ltd., Ningbo Yihong Sporting Goods Co., Ltd., Ningbo Zimo Paper Products Co., Ltd., Qingdao Onpi International Trade Co., Ltd., Quanzhou Hengbei Sports Products Co., Ltd., Quanzhou Lehuyi E-Commerce Co., Ltd., Shanghai Mulu International Trading Co., Ltd., Shanghai Taozhi Jewelry Co., Ltd., Shanghai Xinmu Electromechanical Technology Co., Ltd, Shanxi Nanxuelei Biological Technology Co., Ltd., Shaoxing Jianse Trade Co., Ltd., Shaoxing Naichuan Socks Industry Co., Ltd., Shenyang Top Trading Co., Ltd., Shenzhen Biosled Technology Co., Ltd., Shenzhen DeYingLi Technology Co., Ltd., Shenzhen Elaimei Biotechnology Co., Ltd., Shenzhen Honorwell Technology Co., Ltd., Shenzhen Honwin Technology Co., Limited, Shenzhen Kaluolin Trading Co., Ltd. and Shenzhen Keep-Mart Technology Development Co., Ltd. added to case caption. |
| 07/11/2023 | NEW PARTIES: Smilee House Store, song-yi Store, Sparkling Stationery Store, Sundy08 Store, Sunny Jewelry Wholesale, TEBERBOOM Store, TOP1 Q6 Store, vava Z7 Store, VG 6 YM Official Store, Wenzhou Datu Plastic Craft Co., Ltd., Woori Store, Xin192890 Store, B. C. I. LIMITED, Baoding Kaiyu Arts & Crafts Manufacturing Co., Ltd., Dongguan Allen House Of Jewelry & Findings Co., Ltd., Dongguan Deli Wood Products Co., Ltd., Dongguan Fokming Electroluminescence Co., Ltd., Dongguan Fullrich Printing Co., Ltd., Dongguan Lanhao Electronic Technology Co., Ltd., Dongguan Nuosheng Electronic Technology Co., Ltd., Dongguan Young.river Jewelry Co., Ltd., Dongyang Bo Yue Nails Trade Co., Ltd., Dongyang Derong Arts&Crafts Co., Ltd., Dongyang Dot Buy Trading Co., Ltd., Foshan Julai Paper&Plastic Products Co., Ltd., Fujian Nora Technology Co., Ltd., Fuzhou GreatHome Manufacture Co., Ltd., Fuzhou Hanyou Trading Co., Ltd., Fuzhou Joined Import & Export Co., Ltd., Fuzhou Swiyi Trading Co., Ltd., Goodadv. Decoration Factory, Great Navigation (tianjin) International Trade Co., Ltd., Guangzhou Bangmingwei Jewelry Co., Ltd., Guangzhou Braide Electronics Co., Ltd., Guangzhou Dolphin Star Party Decoration Co., Ltd., Guangzhou Glamar Cosmetic Co., Ltd., Guangzhou Xiqi Jewelry CO.,Ltd., Guangzhou Yitao Electronic Commerce Co., Ltd., H SMART INTERNATIONAL CO., Hangzhou Yanxin Trading Co., Ltd., Hangzhou Yuming Garment Accessories Co., Ltd. and Hebei Dibei Import& Export Trading Co., Ltd. added to case caption. |
| 07/11/2023 | NEW PARTIES: Shop1100388189 Store, Shop1102064314 Store, Shop1102278751 Store, Shop1102310670 Store, Shop910367316 Store, Shop1102278230 Store, Shop910648027 Store, Shop911112023 Store, Shop911305092 Store and Sirius A6 Store added to case caption. |
| 07/11/2023 | NEW PARTIES: INTELLECT-2 Store, Jagencn official Store, JENE Dropshipping Store, JILEI MAGIC Store, Joygoo Toy Store, koo true Store, KuiLu Toy Store, Leizi Super Cool Sticker Store, Light King Store, Little Clouds Store, LoLozzx Accessories Store, Luffyhome Store, Makersland Official Store, MDCC Jewellry Store, Merve silver Store, mu zi li pin Store, My Exquisite Life Store, myaokue-up Official Store, NEW NAIL Store, Noveltys Toy Store, Office-Equipment Store, OTOTEKNIK FE Store, RVRTJN Store, ShasKi Store and Shop1100142542 Store added to case caption. |
| 07/11/2023 | NEW PARTIES: CHUANGQI Store, FashionShell Store, Ineonlife Neon Store Store, Sirius A16 Store, Sirius A2 Store, Quanzhou Kaihua Global Trading Co., Ltd, Quanzhou Yoho Yoho Trading Co., Ltd., AB44436 Store, AC77715 Store, ASKLDDL Store, Babymod Store, Bebobsons offer Store, Biscuit ppuppy Store, black king wuyujing2019 Store, Bonnie's Phone Accessory Store, Carefree Jewelry House Store, Colorful printing shop Store, Creart Store, Eric silicone keyboard Screen film protector Store, Fashion Charms Store Store, Handy is a new home Store, HHGG Store, Home accessory Mall Store and Innovation 2021 Store added to case caption. |
| 07/10/2023 | PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 7/10/2023. Mailed notice |
| 07/10/2023 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 26 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 29 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. Plaintiff's earlier motion 25 to extend the TRO is dismissed as moot. Mailed notice |
| 07/06/2023 | MINUTE entry before the Honorable John F. Kness: Defendant's Unopposed Motion for extension of time to answer 37 is granted. Defendant Xiamen Hailun Trading Co., Ltd. must answer or otherwise plead to Plaintiff's complaint on or before 7/21/2023. Mailed notice |
| 07/06/2023 | MOTION by Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto for extension of time to file answer regarding complaint 1 Defendant Xiamen Hailun Trading Co., Ltd's Unopposed Motion for Extension of Time |
| 07/05/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 77 |
| 06/16/2023 | ATTORNEY Appearance for Defendant Ineonlife Neon Store Store by Christopher Paul Keleher |
| 06/11/2023 | MINUTE entry before the Honorable John F. Kness: Motion 32 by Defendant Xiamen Hailun for an extension of time to respond to the complaint is granted. Mailed notice |
| 06/09/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 131 |
| 06/05/2023 | MOTION by Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto for extension of time to file response/reply as to complaint 1 Defendant Xiamen Hailun Trading Co., Ltd's Unopposed Motion for Extension of Time |
| 06/01/2023 | ATTORNEY Appearance for Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto by Zhen Pan Notice of Appearance for Defendant Xiamen Hailun Trading Co., Ltd. |
| 05/20/2023 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 26 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all 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 by 5/26/2023." 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. For the reasons stated in the Court's orders entering the TRO, the TRO is 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 may exceed 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. |
| 05/16/2023 | 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 5/15/2023, answer due 6/5/2023. |
| 05/15/2023 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 05/15/2023 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 26 |
| 05/15/2023 | MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction 26 |
| 05/15/2023 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 05/15/2023 | MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 05/02/2023 | MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order |
| 04/26/2023 | SURETY BOND in the amount of $10,000.00 posted by Emoji Company GmbH (Document not scanned) |
| 04/21/2023 | SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 4/21/2023. Mailed notice. |
| 04/21/2023 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 6, motion for leave to file excess pages 9, and ex parte motion for a temporary restraining order and other relief 10 are granted in part. Plaintiff's submissions 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 7 and [12-18]. The accompanying Temporary Restraining 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. 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 accounting. In addition, the 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, 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 other judges in this District 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. A transfer of domain names is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice |
| 02/24/2023 | 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. (jk2,) |
| 02/24/2023 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (jk2,) |
| 02/24/2023 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 02/24/2023 | MAILED trademark report to Patent Trademark Office, Alexandria VA. |
| 02/24/2023 | Notice of Claims Involving Trademarks by Emoji Company GmbH |
| 02/24/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 7 of Reiter Declaration |
| 02/24/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 6 of Reiter Declaration |
| 02/24/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 5 of Reiter Declaration |
| 02/24/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 4 of Reiter Declaration |
| 02/24/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 3 of Reiter Declaration |
| 02/24/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 2 of Reiter Declaration |
| 02/24/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 1 of Reiter Declaration |
| 02/24/2023 | 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) |
| 02/24/2023 | 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 Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication |
| 02/24/2023 | MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 02/24/2023 | 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. (jk2,) |
| 02/24/2023 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (jk2,) |
| 02/23/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Emoji Company GmbH |
| 02/23/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Sealed Schedule A |
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