2019-cv-07878
日期 | 描述 |
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12/01/2023 | MINUTE entry before the Honorable Edmond E. Chang: Given the entry of judgment in this case, all filings shall be unsealed. Emailed notice |
04/30/2020 | ENTERED JUDGMENT Signed by the courtroom deputy on 04/30/2020. Mailed notice |
04/30/2020 | ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, Plaintiffs' motion for default judgment and injunction [61] is granted. On the monetary amount, Plaintiffs ask for $50,000 as to the remaining Defendant. On balance, the request is reasonable. It is true that the counterfeit products are low-cost items, typically less than $10, and many even less than $5. And there appear to be very few reviews on the products, suggesting very low prior volume. On the other hand, there is a risk of under-compensation and under-deterrence because it is Defendant's default that has left Plaintiffs without detailed information. Also, pushing the damages number up is the risk posed by counterfeit products that are directly applied one's face. So extra deterrence is warranted based on the use of the product. An injunction is warranted in light of the willfulness (established by the default and the circumstances) of the trademark violation. Also, Plaintiffs has avoided overreaching by asking only for the usual supplementary tools of collection, rather than a roving authority to obtain assets in the future. A separate AO-450 judgment shall also be entered. The status hearing of 05/05/2020 is vacated. Civil case terminated. Mailed notice |
04/30/2020 | MINUTE entry before the Honorable Edmond E. Chang: Defendant great2buy is terminated in light of the voluntary dismissal, R. 60. Mailed notice |
04/29/2020 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for entry of default, motion for default judgment, [61] before Honorable Edmond E. Chang on 5/5/2020 at 09:30 AM. |
04/29/2020 | MEMORANDUM by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. in support of motion for entry of default, motion for default judgment, [61] 附件: 1:Declaration of Justin R. Gaudio 2:Exhibit 1 |
04/29/2020 | MOTION by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. for entry of default as to all defendants, MOTION by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. for default judgment as to all defendants |
04/29/2020 | NOTICE of Voluntary Dismissal by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. as to a certain Defendant |
04/28/2020 | MINUTE entry before the Honorable Edmond E. Chang: In light of the straightforward nature of the case, and the relatively rare instances in which defendants in these counterfeit trademark cases file appearances, the prior default-judgment motion deadline remains in place. The Court will decide the motion in advance of the hearing date so no in-person appearance will be needed. Mailed notice |
04/24/2020 | ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket7,) |
04/03/2020 | MINUTE entry before the Honorable Edmond E. Chang: In light of Second Amended General Order 20-0012, the Court adjusts the answer deadline from 03/30/2020 to 04/28/2020. Status hearing of 04/15/2020 is reset to 05/05/2020 at 9:30 a.m. By 04/29/2020, Plaintiff shall file a motion for default as to any Defendant who has not responded to Plaintiffs' complaint and notice it for presentment for the next status hearing date and time. Mailed notice |
03/30/2020 | ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1,) |
03/16/2020 | ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. |
03/13/2020 | NEW PARTIES: great2buy and zwy116429 added to case caption. |
03/12/2020 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 3/12/2020: Mailed notice |
03/12/2020 | MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearing held. Counsel for Plaintiff reported she has not heard from any Defendants. The same four factors that apply and supported the TRO still apply. Plaintiffs' motion for preliminary injunction [48] is granted. Status hearing set for 04/09/2020 at 9:00 a.m. By 04/06/2020, Plaintiff shall file a motion for default as to any Defendant who has not responded to Plaintiffs' complaint and notice it for presentment on 04/15/2020 at 9:15 a.m. Mailed notice |
03/09/2020 | SUMMONS Returned Executed by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 3/9/2020, answer due 3/30/2020. 附件: 1:Declaration of Abby Neu |
03/09/2020 | ATTORNEY Appearance for Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. by Abby Marie Neu |
03/09/2020 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction[48] before Honorable Edmond E. Chang on 3/12/2020 at 09:30 AM. |
03/09/2020 | MEMORANDUM by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. in support of motion for preliminary injunction[48] 附件: 1:Declaration of Justin R. Gaudio 2:Exhibit 1 |
03/09/2020 | MOTION by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. for preliminary injunction |
03/03/2020 | SUMMONS Issued as to Defendant GREAT2BUY and ZWY116429 |
02/26/2020 | MINUTE entry before the Honorable Edmond E. Chang: Plaintiffs' extension motion [43] on the TRO is granted, because the same circumstances warrant an extension of the original TRO. The TRO is extended through 03/12/2020. The status hearing of 02/27/2020 is reset to 03/12/2020 at 9:30 a.m. Plaintiffs shall file a motion for preliminary injunction (or default, if appropriate) in advance of the next status hearing, noticed for presentment on the same date and time. Mailed notice |
02/26/2020 | ATTORNEY Appearance for Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. by Jake Michael Christensen |
02/24/2020 | BOND in the amount of $ $10,000 posted by Estee Lauder Cosmetics Ltd. Receipt No.4624238592 |
02/18/2020 | NOTICE of Motion by Justin R. Gaudio for presentment of extension of time[43] before Honorable Edmond E. Chang on 2/27/2020 at 08:30 AM. |
02/18/2020 | MEMORANDUM by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. in support of extension of time[43] 附件: 1:Declaration of Justin R. Gaudio |
02/18/2020 | MOTION by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. for extension of time of Temporary Restraining Order |
02/14/2020 | REDACTED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 2/14/2020: This is the public redacted version of the temporary restraining order. Mailed notice |
02/12/2020 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 2/12/2020: Mailed notice (mw,) |
02/12/2020 | MINUTE entry before the Honorable Edmond E. Chang: On review of the Second Amended Complaint, R. 37, and the joinder memorandum and exhibits, R. 38, the motion for TRO [12] is granted, as is the motion for electronic service [17]. The TRO will be entered separately under seal. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to Defendants, who likely would seek to transfer the money elsewhere. By 02/14/2020, Plaintiffs shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Schedule A). Status hearing of 02/13/2020 is reset to 02/27/2020 at 8:30 a.m., but due to the Court's schedule, Plaintiffs shall file the TRO extension motion on 02/18/2020, noticed for presentment at the next status hearing date and time, so that the Court can decide the motion on 02/18/2020 or 02/19/2020. Mailed notice |
02/04/2020 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[12], motion for miscellaneous relief[17] before Honorable Edmond E. Chang on 2/13/2020 at 10:30 AM. |
02/04/2020 | SEALED DOCUMENT by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. Second Memorandum Establishing Joinder is Proper 附件: 1:Exhibit 1 |
02/04/2020 | SEALED DOCUMENT by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. Second Amended Complaint 附件: 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Schedule A |
01/27/2020 | MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang on 1/27/2020: This is the redacted version of the Opinion holding that joinder is improper.Emailed notice |
01/27/2020 | SEALED MEMORANDUM OPINION & ORDER signed by the Honorable Edmond E. Chang on 1/27/2020: For the reasons stated in the Opinion, the Court holds that joinder of the 79 Defendants is improper. A public redacted version of the Opinion will be posted on the docket separately. The amended complaint is due by 02/10/2020. The status hearing of 02/11/2020 is reset to 02/13/2020 at 10:30 a.m. Emailed notice |
01/27/2020 | NOTICE by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. of Related Report 附件: 1:Exhibit 1 |
01/09/2020 | MINUTE entry before the Honorable Edmond E. Chang: Plaintiffs' motion to file second supplement [30] is granted. The original motion and the other filings are taken under advisement. Status hearing of 01/10/2020 is reset to 02/11/2020 at 9:15 a.m. Mailed notice |
01/07/2020 | SUPPLEMENT to sealed document[21] (Second Supplement to Memorandum Establishing Joinder is Proper) 附件: 1:Exhibit 1 |
01/07/2020 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file[30] before Honorable Edmond E. Chang on 1/10/2020 at 09:00 AM. |
01/07/2020 | MOTION by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. for leave to file Instanter a Second Supplement to Memorandum Establishing Joinder is Proper |
12/16/2019 | TRANSCRIPT OF PROCEEDINGS held on 12/13/2019 before the Honorable Edmond E. Chang. Order Number: 37141. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR. Official Court Reporter. judith_walsh@ilnd.uscourts.gov. <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 1/6/2020. Redacted Transcript Deadline set for 1/16/2020. Release of Transcript Restriction set for 3/16/2020. |
12/13/2019 | MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiff's motion for temporary restraining order and other relief [12]. For the reasons stated in open court, Plaintiff's motion for temporary restraining order and other relief [12] and motion to serve Defendants by electronic means [17] are taken under advisement. The motions to file under seal [6] [20] are granted for now in light of the goal of asset restraint. Status hearing set for 1/10/2020 at 9:00 a.m. Mailed notice |
12/12/2019 | NOTICE by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. re supplement[26] |
12/12/2019 | SUPPLEMENT to sealed document[21] (Memorandum Establishing Joinder is Proper) 附件: 1:Declaration of Justin R. Gaudio |
12/10/2019 | Notice of Claims Involving Trademarks by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. |
12/10/2019 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs |
12/10/2019 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file[20], motion for leave to file[6], motion for temporary restraining order[12], motion for miscellaneous relief[17] before Honorable Edmond E. Chang on 12/13/2019 at 09:30 AM. |
12/10/2019 | SEALED DOCUMENT by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. Memorandum Establishing Joinder is Proper |
12/10/2019 | MOTION by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. for leave to file under seal |
12/10/2019 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18] 附件: 1:Exhibit 1 2:Exhibit 2 |
12/10/2019 | MEMORANDUM by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. in support of motion for miscellaneous relief[17] |
12/10/2019 | MOTION by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
12/10/2019 | DECLARATION of Jessica Heiss regarding memorandum in support of motion[13] 附件: 1:Exhibit 1 2:Exhibit 2 |
12/10/2019 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[13] 附件: 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
12/10/2019 | MEMORANDUM by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. in support of motion for temporary restraining order[12] |
12/10/2019 | MOTION by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
12/10/2019 | SEALED DOCUMENT by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. Amended Complaint 附件: 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Schedule A |
12/03/2019 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
12/03/2019 | MAILED trademark report to Patent Trademark Office, Alexandria VA. 附件: 1:Trademark Registration |
12/03/2019 | NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. |
12/02/2019 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. |
12/02/2019 | SEALED EXHIBIT by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. Schedule A regarding complaint 1 |
12/02/2019 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. |
12/02/2019 | MOTION by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. for leave to file under seal |
12/02/2019 | ATTORNEY Appearance for Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. by Allyson M. Martin |
12/02/2019 | ATTORNEY Appearance for Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. by Amy Crout Ziegler |
12/02/2019 | ATTORNEY Appearance for Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. by Justin R. Gaudio |
12/02/2019 | CIVIL Cover Sheet |
12/02/2019 | COMPLAINT filed by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc.; Filing fee $ 400, receipt number 0752-16487374. 附件: 1:Exhibit 1 2:Exhibit 2 |
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