最近更新：2024-12-25
2023-cv-01499
| 日期 | 描述 |
|---|---|
| 09/20/2023 | TRANSCRIPT OF PROCEEDINGS held on 09/19/23 before the Honorable Nancy L. Maldonado. Court Reporter Contact Information: Jennifer Costales, CRR, RMR, CRC jenny.uscra@yahoo.com (312)435-5895. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/11/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/19/2023. |
| 09/19/2023 | FINAL JUDGMENT ORDER Signed by the Honorable Nancy L. Maldonado on 9/19/2023. |
| 09/19/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: Motion hearing held on 9/19/23. Defendant was not present. The Court grants Plaintiff's motion for default judgment [35]. Pursuant to 15 U.S.C. § 1117(c)(2), Plaintiff is awarded statutory damages in the amount of twenty-five thousand dollars ($25,000.00) against Defendants Yijutangwenhua and the Individuals and Entities Operating Yijutangwenhua jointly and severally for willful use of counterfeit CONVERSE Trademarks in connection with the sale of products. The one thousand dollar ($1,000.00) cash bond, including the interest minus the registry fee, posted by Plaintiff is hereby released to Plaintiff or its counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the cash bond previously deposited with the Clerk of the Court to Plaintiff or its counsel by check made out to the Greer, Burns & Crain, Ltd. IOLTA Account. Civil case terminated. |
| 08/30/2023 | CERTIFICATE of Service by Plaintiff Converse Inc. regarding set/reset hearings, 38 附件： 1:(Exhibit A) |
| 08/30/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's motion for entry of default and default judgment 35 seeking statutory damages and a permanent injunction against Defendants. Default is entered as to Defendants yijutangwenhua and the Individuals and Entities Operating yijutangwenhua under Fed. R. Civ. P. 55(a) for failing to answer or otherwise plead, as set out in Plaintiff's memorandum in support of its motions 36. A default judgment prove-up hearing is scheduled for 9/19/23 at 11:00 a.m. via WebEx video conference. The dial-in number for the public is 650-479-3207; the access code is 2315 137 8504. Defendants shall have until 9/18/2023 to file any appearance or objection to the motion for default judgment. Defendants' failure to appear at the hearing will result in the entry of default judgment against Defendants. Plaintiff is instructed to serve a copy of this order on Defendants via electronic service. |
| 08/29/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[36] 附件： 1:Exhibit 1 |
| 08/29/2023 | MEMORANDUM by Converse Inc. in support of motion for entry of default, motion for default judgment[35] 附件： 1:Exhibit 1 |
| 08/29/2023 | MOTION by Plaintiff Converse Inc. for entry of default as to all Defendants, MOTION by Plaintiff Converse Inc. for default judgment as to all Defendants 附件： 1:Exhibit A |
| 08/10/2023 | NEW PARTIES: yijutangwenhua added to case caption. |
| 08/07/2023 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 8/7/2023. |
| 08/07/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for a preliminary injunction 30 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendant 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 the previously entered temporary restraining order, 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 32 that it provided electronic notice to Defendant of the pendency of this case, but no objection to the motion for a preliminary injunction has been filed on behalf of the defendant. The Clerk is requested to unseal the Amended Schedule A to the Complaint 14, Exhibit 3 to the Declaration of Joe Pallet 19, and the TRO 25. Plaintiff's counsel is directed to ensure that the defendant listed on Schedule A is 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. |
| 08/04/2023 | SUMMONS Returned Executed by Converse Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/4/2023, answer due 8/25/2023. 附件： 1:Declaration of Jake M. Christensen 2:Exhibit A |
| 08/04/2023 | MEMORANDUM by Converse Inc. in support of motion for preliminary injunction, extension of time[30] 附件： 1:Declaration of Marcella D. Slay 2:Exhibit 1 |
| 08/04/2023 | MOTION by Plaintiff Converse Inc. for preliminary injunction, MOTION by Plaintiff Converse Inc. for extension of time of Temporary Restraining Order 附件： 1:Exhibit A |
| 08/04/2023 | ATTORNEY Appearance for Plaintiff Converse Inc. by Berel Yonathan Lakovitsky |
| 07/24/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court grants Plaintiff's motion for an extension of time of the Temporary Restraining Order 26. The TRO is extended through 8/9/23. Per Fed. R. Civ. P. 65(b)(2), the Court finds good cause for this extension because Plaintiff reports that the relevant third parties have not completed effectuating the TRO. Further, without the TRO in place, there is a high probability that the Defendant will continue to harm the Plaintiff. |
| 07/21/2023 | MEMORANDUM by Converse Inc. in support of extension of time[26] 附件： 1:Declaration of Jake M. Christensen |
| 07/21/2023 | MOTION by Plaintiff Converse Inc. for extension of time of Temporary Restraining Order |
| 07/21/2023 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 07/19/2023 | BOND in the amount of $ 1,000 check, Receipt No. 4624288787, posted by Converse Inc. |
| 07/12/2023 | SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Nancy L. Maldonado on 7/12/2023. Mailed notice. |
| 07/12/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for electronic service of process 20 and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 15, 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. ___ (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 one thousand dollars ($1,000.00), either cash or surety bond, as security. |
| 03/17/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court grants Plaintiff's motion for leave to file the Schedule A attachment and Exhibit 3, Declaration of Joe Pallett under seal 3. |
| 03/16/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[21] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 03/16/2023 | MEMORANDUM by Converse Inc. in support of motion for miscellaneous relief[20] |
| 03/16/2023 | MOTION by Plaintiff Converse Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 03/16/2023 | SEALED EXHIBIT by Plaintiff Converse Inc. Exhibit 3 regarding declaration[18] |
| 03/16/2023 | DECLARATION of Joe Pallett regarding memorandum in support of motion[16] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 03/16/2023 | 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 |
| 03/16/2023 | MEMORANDUM by Converse Inc. in support of motion for temporary restraining order[15] |
| 03/16/2023 | MOTION by Plaintiff Converse Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 03/14/2023 | SEALED EXHIBIT by Plaintiff Converse Inc. Amended Schedule A regarding amended complaint[13] |
| 03/14/2023 | AMENDED complaint by Converse 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 |
| 03/13/2023 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 03/13/2023 | MAILED Trademark report to Patent Trademark Office, Alexandria VA |
| 03/10/2023 | 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. |
| 03/10/2023 | CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. |
| 03/10/2023 | ATTORNEY Appearance for Plaintiff Converse Inc. by Marcella Deshonda Slay |
| 03/10/2023 | ATTORNEY Appearance for Plaintiff Converse Inc. by Jake Michael Christensen |
| 03/10/2023 | ATTORNEY Appearance for Plaintiff Converse Inc. by Amy Crout Ziegler |
| 03/10/2023 | ATTORNEY Appearance for Plaintiff Converse Inc. by Justin R. Gaudio |
| 03/10/2023 | Notice of Claims Involving Trademarks by Converse Inc. |
| 03/10/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Converse Inc. |
| 03/10/2023 | CIVIL Cover Sheet |
| 03/10/2023 | MOTION by Plaintiff Converse Inc. for leave to file under seal |
| 03/10/2023 | SEALED EXHIBIT by Plaintiff Converse Inc. Schedule A regarding complaint 1 |
| 03/10/2023 | COMPLAINT filed by Converse Inc.; Filing fee $ 402, receipt number AILNDC-20427803. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
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