最近更新：2024-12-25
2019-cv-07920
| 日期 | 描述 |
|---|---|
| 06/03/2020 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's Motion to Modify the Permanent Injunction Order (Dckt. No. [66]) is hereby denied. The motion basically repeats the arguments that Deckers made when it filed for a permanent injunction, meaning arguments that this Court already considered. Plaintiff's brief repeatedly states that this Court "failed to consider" this or that, such as the fact that the Defendants did not comply with the preliminary injunction order. Rest assured that the Court considered all such facts, and carefully reviewed the complete record. The Court simply found Plaintiff's arguments to be unconvincing. Plaintiff originally asked this Court to shut down 35 websites because approximately 1% of the products on those websites allegedly infringe its trademarks. (The current motion states that many of the websites have since ceased operation. Only 20 websites remain. See Dckt. No. [67], at 4-5.) The Court concluded that the requested relief was too draconian based on the record assembled by Plaintiff. Plaintiff offered little concrete information about the volume of sales, and the volume of traffic, on the websites. How many fake Hoka products are sold on the websites? What's the volume of sales? How many customers visit the websites? Have any customers complained to Deckers about products purchased on the websites? How difficult are the websites to find for an average consumer? What's the likelihood that actual sales are taking place to consumers in the Northern District of Illinois? How many unlawful sales are taking place, and how much consumer confusion is there? For example, what is the extent of the harm to Deckers currently inflicted by "northtxwildlife.com" and "swedishcrispbread.com"? Simply put, how big is the problem in the real world? Plaintiff basically claims that it doesn't know, because the information is in the Defendants' possession. The Court fully understands and appreciates Plaintiff's dilemma. Still, Plaintiff has the burden of proof, and without a more fulsome showing, Plaintiff cannot reasonably expect draconian relief that would end the sale of 100% of the products on the websites when 99% of the products have nothing to do with Plaintiff. The remedy must be proportionate to the alleged harm. But Plaintiff wants the most expansive remedy without making a concrete showing about its harm in the real world. The showing is too abstract and conclusory to justify its request for extraordinary relief. In a future case, perhaps the showing would be more fulsome, and perhaps the outcome would be different. But on this record, Plaintiff has not offered enough. Plaintiff's Motion to Hold Defendants in Contempt (Dckt. No. [43]) is denied as moot because it involved the preliminary injunction order, but this Court later entered a permanent injunction. Mailed notice. Docket Text Modified on 6/5/2020. |
| 05/01/2020 | NOTICE by Deckers Outdoor Corporation re MOTION by Plaintiff Deckers Outdoor Corporation to Modify the Permanent Injunction Order [62] [66] |
| 05/01/2020 | MEMORANDUM by Deckers Outdoor Corporation in support of motion for miscellaneous relief[66] 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 3:Exhibit 2 |
| 05/01/2020 | MOTION by Plaintiff Deckers Outdoor Corporation to Modify the Permanent Injunction Order [62] |
| 04/02/2020 | TRANSCRIPT OF PROCEEDINGS held on 01/30/2020 before the Honorable Steven C. Seeger. Order Number: 38355. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com. <P>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.</P> Redaction Request due 4/23/2020. Redacted Transcript Deadline set for 5/4/2020. Release of Transcript Restriction set for 7/1/2020. |
| 03/12/2020 | MAILED trademark report with certified copy of orders dated 3/11/2020 to Patent Trademark Office, Alexandria, VA. |
| 03/11/2020 | FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 3/11/2020. Civil case terminated. Mailed notice. |
| 03/11/2020 | PERMANENT INJUNCTION Signed by the Honorable Steven C. Seeger on 3/11/2020. Mailed notice. |
| 03/11/2020 | ORDER Signed by the Honorable Steven C. Seeger on 3/11/2020. Mailed notice. |
| 03/11/2020 | E-MAIL CORRESPONDENCE dated February 10, 2020 by Deckers Outdoor Corporation. 附件： 1:Text of Proposed Permanent Injunction Order 2:Text of Proposed Final Judgment Order |
| 03/06/2020 | Plaintiff's Statement Regarding Capacity of Website Operators to be Sued by Deckers Outdoor Corporation |
| 03/02/2020 | MINUTE entry before the Honorable Steven C. Seeger: On February 10, 2020, Plaintiff submitted to this Court's proposed order inbox a draft of a final judgment, as well as a draft of a permanent injunction, in connection with its motion for a default judgment. (Dckt. No. [54]) The proposed final judgment attached a Schedule A that identified 38 defaulting defendants. Of the 38 defendants, 20 defendants appear to be websites, such as "unitedschemers.com" (#7) and "thesquarshers.com" (#11). It is not clear to this Court why those websites are suable entities. See, e.g., Kanerva v. www.pacer.uscourts.gov, No. 18-358, 2018 U.S. Dist. LEXIS 38638 (E.D. Wis. Mar. 9, 2018) (holding that "www.pacer.uscourts.gov is not a suable entity"). A website, in and of itself, is presumably not suable. By March 6, 2020, Plaintiff shall file a statement that explains why the websites are entities with the capacity to be sued. Plaintiff shall show cause why those websites should not be dismissed because they are not suable entities. Mailed notice. |
| 02/10/2020 | MINUTE entry before the Honorable Steven C. Seeger: Status hearing held on February 10, 2020. The Court discussed Plaintiff's Motion for Entry of Default and Default Judgment (Dckt. No. [54]). Order to follow. Mailed notice. |
| 02/05/2020 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for entry of default, motion for default judgment[54] before Honorable Steven C. Seeger on 2/10/2020 at 09:00 AM. |
| 02/05/2020 | MEMORANDUM by Deckers Outdoor Corporation in support of motion for entry of default, motion for default judgment[54] 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 |
| 02/05/2020 | MOTION by Plaintiff Deckers Outdoor Corporation for entry of default, MOTION by Plaintiff Deckers Outdoor Corporation for default judgment as to all Defendants |
| 01/30/2020 | MINUTE entry before the Honorable Steven C. Seeger: Motion hearing held on January 30, 2020. The Court discussed the pending motion for preliminary injunction. (Dckt. No. [36]) Plaintiff's counsel reported to the Court that Plaintiff has not identified any sales by any of the defendants of any infringing products in Illinois. The Court raised the question whether the Court has personal jurisdiction over those defendants who may not have sold any infringing products in Illinois. Plaintiff's counsel is to file a statement citing Seventh Circuit decisions regarding personal jurisdiction by January 30, 2020. Plaintiff's Motion to hold Defendants in Contempt (Dckt. No. [43]) is taken under advisement. Mailed notice. |
| 01/30/2020 | NOTICE by Deckers Outdoor Corporation re other[51] |
| 01/30/2020 | Submission Regarding Personal Jurisdiction by Deckers Outdoor Corporation |
| 01/16/2020 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[43] before Honorable Steven C. Seeger on 1/30/2020 at 09:00 AM. |
| 01/15/2020 | NOTICE by Deckers Outdoor Corporation re terminate hearings, set/reset hearings, [48] |
| 01/15/2020 | MINUTE entry before the Honorable Steven C. Seeger: On its own motion, this Court hereby extends the Temporary Restraining Order (Dckt. No. [33]) to January 31, 2020 at 5:00 p.m. See Fed. R. Civ. P. 65(b)(2). The Court finds good cause for a two-week extension in light of Plaintiff's prima facie showing of the need for temporary relief in its motion for a preliminary injunction (Dckt. No. [36]). In light of the filing of the motion for a preliminary injunction (Dckt. No. [36]), the Temporary Restraining Order (Dckt. No. [33]) is hereby unsealed. The hearing on the motion for a preliminary injunction is hereby reset for January 30, 2020 at 9:00 a.m. The hearing set for January 16, 2020 is stricken. This Court reminds Plaintiff of the obligation to file the information ordered by the Court by January 16, 2020. (Dckt. Nos. [31], [32]) The Court ordered Plaintiff to provide that information so that the Court could review it before, not after, a ruling on a motion for a preliminary injunction. Mailed notice. |
| 01/14/2020 | ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Martin Francis Trainor |
| 01/14/2020 | SUMMONS Returned Executed by Deckers Outdoor Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 1/14/2020, answer due 2/4/2020. 附件： 1:Declaration of Martin F. Trainor |
| 01/13/2020 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction[36] before Honorable Steven C. Seeger on 1/16/2020 at 09:00 AM. |
| 01/13/2020 | DECLARATION of Justin R. Gaudio regarding other[43] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 01/13/2020 | Plaintiff's Motion to Hold Defendants in Contempt by Deckers Outdoor Corporation |
| 01/13/2020 | EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 9 regarding declaration[38] |
| 01/13/2020 | EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 8 regarding declaration[38] |
| 01/13/2020 | EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 7, Parts 11-18 regarding declaration[38] 附件： 1:Exhibit 7-11 2:Exhibit 7-12 3:Exhibit 7-13 4:Exhibit 7-14 5:Exhibit 7-15 6:Exhibit 7-16 7:Exhibit 7-17 8:Exhibit 7-18 |
| 01/13/2020 | EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 7, Parts 1-10 regarding declaration[38] 附件： 1:Exhibit 7-1 2:Exhibit 7-2 3:Exhibit 7-3 4:Exhibit 7-4 5:Exhibit 7-5 6:Exhibit 7-6 7:Exhibit 7-7 8:Exhibit 7-8 9:Exhibit 7-9 10:Exhibit 7-10 |
| 01/13/2020 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[37] 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:Exhibit 6 |
| 01/13/2020 | MEMORANDUM by Deckers Outdoor Corporation in support of motion for preliminary injunction[36] |
| 01/13/2020 | MOTION by Plaintiff Deckers Outdoor Corporation for preliminary injunction |
| 01/13/2020 | NOTICE of Voluntary Dismissal by Deckers Outdoor Corporation as to Certain Defendants |
| 01/09/2020 | BOND in the amount of $ $10,000.00 posted by Deckers Outdoor Corporation, Receipt No. 4624236239 |
| 01/09/2020 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 01/03/2020 | SEALED TEMPORARY Restraining Order Signed by the Honorable Steven C. Seeger on 1/3/2020. Mailed notice. |
| 01/03/2020 | MINUTE entry before the Honorable Steven C. Seeger: To support its Motion for a Temporary Restraining Order, Plaintiff filed a Declaration from Lisa Bereda (Dckt. No. 15). The Declaration states that "Counterfeit Hoka Products were being offered for sale to residents of the United States, including Illinois residents," by the Defendants. See Declaration at par. 14. The Declaration also states that "each Defendant Internet Store offered shipping to the United States, including Illinois." Id. The Declaration refers to products offered for sale in Illinois, but does not appear to quantify the volume of actual sales to consumers in Illinois. By January 16, 2020, Plaintiff shall file a statement identifying, for each separate Defendant, the volume of sales of allegedly infringing products to buyers in Illinois that took place during the limitations period. The Court requires a Defendant-by-Defendant disclosure, not an aggregate total or a gross estimate. Mailed notice. |
| 01/03/2020 | MINUTE entry before the Honorable Steven C. Seeger: Based on the submissions to date, this Court denies Plaintiff's Motion for a Temporary Restraining Order to the extent that it requested the disabling of Defendants' domain name registries and transfer of the Defendants' domain names (with a few exceptions reflected in the Temporary Restraining Order). If Plaintiff intends to renew its request about the domain names and domain name registries at a future date, then Plaintiff must provide more information to the Court. Specifically, by January 16, 2020, Plaintiff must file a statement that discloses (1) how many infringing products are available on each Defendant's website; and (2) what percentage those infringing products represent compared to the total number of products sold on each Defendant's website. The term "infringing products" means products that allegedly infringed Plaintiff's trademarks. Mailed notice. |
| 01/03/2020 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's Motion for Leave to File Under Seal (Dckt. No. 6) is hereby granted. Plaintiff's Motion for Temporary Restraining Order (Dckt. No. 12) is hereby granted in part. Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Dckt. No. 18) is hereby granted in part. Among other things, the Court denies Plaintiff's Motion for a Temporary Restraining Order and Plaintiff's Motion for Electronic Service of Process to the extent that Plaintiff requested the disabling of Defendants' domain name registries and transfer of the Defendants' domain names (with a few exceptions reflected in the Temporary Restraining Order). Mailed notice. |
| 12/16/2019 | MINUTE entry before the Honorable Steven C. Seeger: Motion hearing held on December 16, 2019. Plaintiff's motion for leave to file under seal (Dckt. No, 6), ex parte motion for entry of a Temporary Restraining Order (Dckt No. 12), and motion for electronic service of process (Dckt. No. 18) are entered and continued. The Court takes these motions under advisement and will issue a ruling via CM/ECF in which any further dates will be set. Mailed notice. |
| 12/16/2019 | NOTICE by Deckers Outdoor Corporation re memorandum in support of motion 26 |
| 12/16/2019 | SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibits 1-2 regarding memorandum in support of motion 26 附件： 1:Exhibit 1 2:Exhibit 2 |
| 12/16/2019 | MEMORANDUM by Deckers Outdoor Corporation in support of motion for temporary restraining order 12 |
| 12/11/2019 | Notice of Claims Involving Trademarks by Deckers Outdoor Corporation |
| 12/11/2019 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Deckers Outdoor Corporation |
| 12/11/2019 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 12, motion for leave to file 6, motion for miscellaneous relief 18 before Honorable Steven C. Seeger on 12/16/2019 at 09:00 AM. |
| 12/11/2019 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 21 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 |
| 12/11/2019 | MEMORANDUM by Deckers Outdoor Corporation in support of motion for temporary restraining order 12, motion for miscellaneous relief 18 |
| 12/11/2019 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 |
| 12/11/2019 | MEMORANDUM by Deckers Outdoor Corporation in support of motion for miscellaneous relief 18 |
| 12/11/2019 | MOTION by Plaintiff Deckers Outdoor Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 12/11/2019 | SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 4 regarding declaration 15 |
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