最近更新：2024-12-25
2020-cv-06520
| 日期 | 描述 |
|---|---|
| 04/14/2022 | SATISFACTION of Judgment |
| 11/04/2021 | SATISFACTION of Judgment |
| 06/24/2021 | ENTERED JUDGMENT Signed by the courtroom deputy on 06/24/2021. Emailed notice |
| 06/24/2021 | FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 06/24/2021. Emailed notice |
| 06/24/2021 | MINUTE entry before the Honorable Edmond E. Chang: In light of the defaults, the Plaintiff's motion for default judgment 48 is granted. Statutory damages are awarded in the amount of $50,000 per Defendant. Given the willfulness finding due to the defaults, a permanent injunction shall be entered as well. A separate AO-450 judgment shall be entered. The tracking status hearing of 06/25/2021 is vacated. Civil case terminated. Emailed notice |
| 06/17/2021 | STATUS Report by Pow! Entertainment, LLC |
| 06/16/2021 | DECLARATION of Michael A. Hierl regarding motion for default judgment 48 附件： 1:Exhibit Hierl Exhibit 1 |
| 06/16/2021 | MEMORANDUM by Pow! Entertainment, LLC in support of motion for default judgment 48 附件： 1:Exhibit 1 2:Exhibit 2 |
| 06/16/2021 | MOTION by Plaintiff Pow! Entertainment, LLC for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A |
| 06/16/2021 | DECLARATION of William B. Kalbac Declaration of Service |
| 05/20/2021 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 05/20/2021. Emailed notice |
| 05/20/2021 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for preliminary injunction 41 is granted, given the continued applicability of the facts justifying the entry of the TRO. Given the answer deadline of 06/09/2021, R. 44, the tracking status hearing of 05/21/2021 is rest to 06/25/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a joint initial status report by 06/18/2021. For any Defendant that has not answered or responded to the complaint by 06/09/2021, the applicable Defendant is deemed in default, and the Plaintiff shall file a motion for default judgment in a sum certain as to those Defendants by 06/16/2021. Emailed notice 附件： 1:Status Report Requirements |
| 05/20/2021 | SUMMONS Returned Executed by Pow! Entertainment, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Amended Schedule A Hereto on 5/19/2021, answer due 6/9/2021. |
| 05/19/2021 | SUMMONS Issued as to Plaintiff The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Amended Schedule A Hereto |
| 05/19/2021 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 41 |
| 05/19/2021 | MEMORANDUM by Pow! Entertainment, LLC in support of motion for preliminary injunction 41 |
| 05/19/2021 | MOTION by Plaintiff Pow! Entertainment, LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 05/19/2021 | SUMMONS Issued as to Plaintiff The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Amended Schedule A Hereto |
| 05/07/2021 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion on the TRO 39 is granted, given the continued applicability of the circumstances that justified the entry of the initial TRO. The TRO is extended from 05/11/2021 to 05/25/2021. The tracking status hearing of 05/11/2021 is reset to 05/21/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, by 05/19/2021, the Plaintiff shall file a motion for preliminary injunction or a status report. Emailed notice |
| 05/06/2021 | MOTION by Plaintiff Pow! Entertainment, LLC for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
| 05/03/2021 | SURETY BOND in the amount of $ $10,000.00 posted by Pow! Entertainment, LLC |
| 04/27/2021 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/27/2021. Emailed notice |
| 04/27/2021 | MINUTE entry before the Honorable Edmond E. Chang: Pursuant to R. 35, the Plaintiff today sent the proposed TRO with Amended Schedule A. The Plaintiff's motion 8 for temporary restraining order and other relief is granted as amended. The TRO is effective through 05/11/2021. An order will be entered under seal separately. 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), the 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, the 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 the Defendants, who likely would seek to transfer the money elsewhere. By 05/06/2021, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The tracking status hearing of 04/30/2021 is reset to 05/11/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 05/06/2021. Emailed notice |
| 04/25/2021 | MINUTE entry before the Honorable Edmond E. Chang: On review of the joinder memorandum, R. 23, and the supplement, R. 34, the Amended Schedule A Defendants sufficiently meet the joinder requirements given the uniqueness of the Infinity Gauntlet figurine offered by all of the remaining Defendants and the significant similarity in ad text and figurine placement. The Plaintiff shall promptly email to the Proposed Order account an MS Word version of the proposed TRO (now limited to Amended Schedule A). Emailed notice |
| 04/23/2021 | SUPPLEMENT to memorandum 23 Supplement to the Memorandum on Joinder 附件： 1:Exhibit 1 |
| 04/22/2021 | MINUTE entry before the Honorable Edmond E. Chang: Counsel for Plaintiff emailed the Courtroom deputy to request one additional day to file supplement on the joinder. Plaintiff's extension request to file the supplement on joinder is granted to 04/23/2021. Emailed notice |
| 04/19/2021 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion to file the supplement on joinder 31 is granted to 04/22/2021. The tracking status hearing of 04/23/2021 is reset to 04/30/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 04/15/2021 | MOTION by Plaintiff Pow! Entertainment, LLC for extension of time Plaintiff's Motion for Extension of Time to File a Supplement to the Memorandum on Joinder |
| 04/08/2021 | MINUTE entry before the Honorable Edmond E. Chang: On review of the joinder issue, the Court poses the following questions to the Plaintiff, which the Plaintiff shall answer in a Supplement to the Memorandum on Joinder: first, is there an authorized and licensed Funko Pop version of the Stan Lee Infinity Gauntlet figurine? If so, then the Supplement should include a screenshot of the licensed and authorized version, and the online address of an authorized vendor at which the Court can view it. If not, then the Supplement need simply say so. The Supplement is due by 04/15/2021. The tracking status hearing of 04/09/2021 is reset to 04/23/2021 at 8:30 a.m. Emailed notice |
| 04/06/2021 | ATTORNEY Appearance for Plaintiff Pow! Entertainment, LLC by Robert Payton Mcmurray |
| 03/11/2021 | MINUTE entry before the Honorable Edmond E. Chang: The Court still has the joinder issue, R. 23, under advisement. The tracking status hearing of 03/12/2021 is reset to 04/09/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called).Emailed notice |
| 02/25/2021 | MINUTE entry before the Honorable Edmond E. Chang: The joinder issue, R. 23, remains pending so the tracking status hearing of 02/26/2021 is reset to 03/12/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice |
| 02/11/2021 | MINUTE entry before the Honorable Edmond E. Chang: The joinder issue remains under advisement. The tracking status hearing of 02/12/2021 is reset to 02/26/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 01/07/2021 | MINUTE entry before the Honorable Edmond E. Chang: The joinder issue remains under advisement. The tracking status hearing of 01/08/2021 is reset to 02/12/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 12/10/2020 | MINUTE entry before the Honorable Edmond E. Chang: The joinder issue is under advisement. The status hearing of 12/11/2020 is reset to 01/08/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 12/02/2020 | MEMORANDUM by Pow! Entertainment, LLC Plaintiff's Memorandum in Support of Joinder |
| 11/19/2020 | MINUTE entry before the Honorable Edmond E. Chang: On review of the Amended Complaint and the under-seal Amended Schedule A, the Plaintiff shall file a memorandum explaining how the amended Schedule A complies with the joinder standard expressed in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). It might be that the amendment is satisfactory, whether based on registration information, unique images, unique ad-text (or unique typos in the ad-text), or other connecting facts, but the Court cannot glean the explanation from the filings themselves. The memorandum is due by 12/01/2020. The memorandum may be filed under seal, given that the memorandum obviously will disclose the details of the Defendants and given the risk of transfer of assets. Separately, the Plaintiff shall email an MS Word version of the proposed TRO and the Amended Schedule A. The tracking status hearing of 11/20/2020 is reset to 12/11/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 11/16/2020 | SEALED DOCUMENT by Plaintiff Pow! Entertainment, LLC Amended Schedule A |
| 11/16/2020 | AMENDED complaint by Pow! Entertainment, LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Amended Schedule A Hereto 附件： 1:Exhibit 1 |
| 11/06/2020 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 5 to seal Schedule A is granted for now, in light of the goal of restraining assets and the risk of transfer of assets. The motion 7 for extra pages is granted. On the TRO motion 8, this case was filed against 243 defendants for infringing the same set of trademarks. But joinder as to all of those defendants is not proper when measured against the standard set in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). On review of the exhibits and the joinder discussion in the TRO motion, it is not clear that the Plaintiff picked the Defendants for joinder based on that standard. The Plaintiff shall file an amended complaint by 11/16/2020, to comply with the opinion. To track the filing of the amended complaint, a status hearing is set for 11/20/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 11/05/2020 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 11/05/2020 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. 附件： 1:Trademarks |
| 11/03/2020 | Notice of Claims Involving Trademarks by Pow! Entertainment, LLC |
| 11/03/2020 | SEALED DOCUMENT by Plaintiff Pow! Entertainment, LLC Exhibit 2 Part 6 of Champion Declaration |
| 11/03/2020 | SEALED DOCUMENT by Plaintiff Pow! Entertainment, LLC Exhibit 2 Part 5 of Champion Declaration |
| 11/03/2020 | SEALED DOCUMENT by Plaintiff Pow! Entertainment, LLC Exhibit 2 Part 4 of Champion Declaration |
| 11/03/2020 | SEALED DOCUMENT by Plaintiff Pow! Entertainment, LLC Exhibit 2 Part 3 of Champion Declaration |
| 11/03/2020 | SEALED DOCUMENT by Plaintiff Pow! Entertainment, LLC Exhibit 2 Part 2 of Champion Declaration |
| 11/03/2020 | SEALED DOCUMENT by Plaintiff Pow! Entertainment, LLC Exhibit 2 Part 1 of Champion Declaration |
| 11/03/2020 | MEMORANDUM by Pow! Entertainment, LLC in support of motion for temporary restraining order, [8] 附件： 1:Declaration Champion Declaration 2:Exhibit 1 3:Declaration Hierl Declaration 4:Exhibit Hierl Exhibit 1 5:Exhibit Hierl Exhibit 2 6:Exhibit Hierl Exhibit 3 |
| 11/03/2020 | MOTION by Plaintiff Pow! Entertainment, LLC 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 |
| 11/03/2020 | MOTION by Plaintiff Pow! Entertainment, LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 11/03/2020 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. |
| 11/03/2020 | SEALED DOCUMENT by Plaintiff Pow! Entertainment, LLC Sealed Schedule A |
| 11/03/2020 | MOTION by Plaintiff Pow! Entertainment, LLC to seal document Plaintiff's Motion for Leave to File Under Seal |
| 11/03/2020 | ATTORNEY Appearance for Plaintiff Pow! Entertainment, LLC by William Benjamin Kalbac |
| 11/03/2020 | ATTORNEY Appearance for Plaintiff Pow! Entertainment, LLC by Michael A. Hierl |
| 11/03/2020 | CIVIL Cover Sheet |
| 11/03/2020 | COMPLAINT filed by Pow! Entertainment, LLC; Jury Demand. Filing fee $ 400, receipt number 0752-17605898. 附件： 1:Exhibit 1 |
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