最近更新：2024-12-25
2020-cv-03738
| 日期 | 描述 |
|---|---|
| 05/13/2021 | FULL SATISFACTION of Judgment regarding entered judgment, order 61 in the amount of $100,000 as to certain defendant |
| 04/12/2021 | ORDER Signed by the Honorable Steven C. Seeger on 4/12/2021. Mailed notice. |
| 04/12/2021 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' motion for entry of turn-over order directed to ContextLogic Inc. d/b/a Wish.com (Dckt. No. 66) is hereby granted. Order to follow. Plaintiffs' motion for leave to file under seal (Dckt. No. 69) is hereby granted. Mailed notice. |
| 02/26/2021 | SEALED DOCUMENT by Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. Copy of ContextLogic Inc. d/b/a Wish.com's Answer |
| 02/26/2021 | Plaintiffs' Statement Regarding Wish.com Account Balances by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. |
| 02/26/2021 | MOTION by Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. for leave to file Under Seal |
| 02/16/2021 | CERTIFICATE of Service of the Motion for Entry of a Turnover Order 66 and Order 67 by Allyson M. Martin on behalf of Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. |
| 02/16/2021 | MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiffs' Motion for Entry of a Turnover Order Directed to ContextLogic Inc. d/b/a Wish.com. (Dckt. No. 66) Plaintiffs seek an "Order compelling Wish.com to turnover the funds belonging to the Judgment Debtors being held in accordance with the Citation." According to the Certificate of Service, Plaintiffs neglected to serve a copy of the motion on Wish.com. Presumably Wish.com has an interest in the money held by Wish.com. Plaintiffs shall serve a copy of the motion and this minute order on counsel for Wish.com by February 19, 2021. Any response by Wish.com is due by March 5, 2021. By February 26, 2021, Plaintiffs shall file a statement identifying the amount of money in each account identified in the motion. Plaintiffs also shall file a copy of the Answer to the Citation to Discovery Assets that Wish.com provided on February 3, 2021. Mailed notice. |
| 02/12/2021 | MOTION by Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. for Entry of a Turnover Order Directed to ContextLogic Inc. d/b/a Wish.com |
| 01/27/2021 | CITATION to Discover Assets issued as to ContextLogic Inc.(Third-party) (No Notice) |
| 01/15/2021 | FULL SATISFACTION of Judgment regarding entered judgment, order 61 in the amount of $100,000 as to certain defendants |
| 12/04/2020 | MAILED trademark report with copy of minute order dated 12/2/2020 to Patent Trademark Office, Alexandria VA. |
| 12/02/2020 | PERMANENT INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 12/2/2020. Mailed notice. |
| 12/02/2020 | FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 12/2/2020. Mailed notice. |
| 12/02/2020 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' motion for default judgment (Dckt. No. [56]) is hereby granted. This Court previously granted the motion in part (Dckt. No. [58]), entering default against Defendants under Rule 55(a) and giving them a chance to oppose a proposed default judgment. Defendants filed nothing. Judgment order to follow. Plaintiffs requested statutory damages of $200,000 per defendant. That request is excessive. The maximum amount allowed under the statute (unless the counterfeiting is willful) is $200,000 per counterfeit mark. 15 U.S.C. § 1117(c)(1). The maximum amount of statutory damages for willful counterfeiting is $2,000,000 per counterfeit mark. 15 U.S.C. § 1117(c)(2). Here, Defendants' financial accounts contain less than $50,000 with $6,600,000 in total revenue. See Mem in Support of Mtn., at 7 (Dckt. No. [57]). Plaintiffs' brief states that it lacks "information regarding Defaulting Defendants' sales and profits." Id. By the Court's count, there are 70 defaulting Defendants. So, Plaintiffs seek a $14,000,000 judgment from Defendants for $6,600,000 in total revenue. Even then, Plaintiffs have not established that all of that revenue came from the sales of products that infringed Plaintiffs' marks. The Court awards $100,000 per defaulting Defendant, for a total of $7,000,000 in statutory damages. That amount will adequately deter counterfeiting, punish the defendants, and compensate the plaintiffs. The Court rejects the notion that a default, in and of itself, is evidence of willful counterfeiting. Civil case terminated. Mailed notice. |
| 11/03/2020 | LIST OF REMAINING DEFENDANTS by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. |
| 11/03/2020 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for entry of default and default judgment (Dckt. No. 56) is hereby granted in part. The Court enters default under Rule 55(a) against the defendants identified on Schedule A to the amended complaint, excluding the defendants that were dismissed since then. Plaintiff filed an amended complaint on June 25, 2020 (Dckt. No. 10), but since then, Plaintiff has filed a stipulation of dismissal for a number of defendants. Examples include docket nos. 50-55. By November 10, 2020, Plaintiff shall file a list of all remaining defendants, meaning a list of defendants who are subject to the pending motion for default and default judgment. Defendants' response to the motion is due by November 13, 2020. Defendants shall file a motion if they seek a hearing. Mailed notice. |
| 10/29/2020 | MEMORANDUM by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. in support of motion for entry of default, motion for default judgment[56] 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 3:Exhibit 2 4:Exhibit 3-1 5:Exhibit 3-2 |
| 10/29/2020 | MOTION by Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. for entry of default, MOTION by Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. for default judgment as to all Defendants |
| 10/29/2020 | NOTICE of Voluntary Dismissal by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. as to a Certain Defendant |
| 10/29/2020 | NOTICE of Voluntary Dismissal by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. as to Certain Defendants |
| 10/09/2020 | NOTICE of Voluntary Dismissal by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. as to certain defendant |
| 09/25/2020 | NOTICE of Voluntary Dismissal by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. as to certain defendants |
| 09/18/2020 | NOTICE of Voluntary Dismissal by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. as to certain defendants |
| 08/28/2020 | NOTICE of Voluntary Dismissal by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. as to certain defendant |
| 08/28/2020 | ATTORNEY Appearance for Defendant huang810415 by Timothy Tiewei Wang |
| 08/26/2020 | Civil BOND in the amount of $ 126,000.00 posted by Estee Lauder Cosmetic Ltd. |
| 08/14/2020 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 8/14/2020. Mailed notice. |
| 08/14/2020 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for preliminary injunction (Dckt. No. [45]) is granted in part and denied in part. The Court issues a preliminary injunction, but does not grant the request for expedited discovery from third parties. Paragraph three of the proposed order required third parties such as eBay, Amazon.com, and Wish.com to respond to expedited discovery within 10 days. It is not clear why Plaintiff needs expedited discovery at this point, given that the Court is entering a preliminary injunction order. Also, Plaintiff's motion for a preliminary injunction did not mention, let alone support, the request for expedited discovery. Plaintiff gave this Court no reason to require third parties to respond in an expedited fashion, and without hearing a reason for the request, the request is denied. Preliminary injunction order to follow. Mailed notice. |
| 08/11/2020 | MEMORANDUM by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. in support of motion for preliminary injunction, extension of time, [45] 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 |
| 08/11/2020 | MOTION by Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. for preliminary injunction, MOTION by Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. for extension of time of Temporary Restraining Order |
| 08/11/2020 | SUMMONS Returned Executed by Make-Up Art Cosmetics Inc., Estee Lauder Cosmetic Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 8/11/2020, answer due 9/1/2020. 附件： 1:Declaration of Abby M. Nue |
| 08/11/2020 | NOTICE of Voluntary Dismissal by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. as to certain defendant |
| 08/11/2020 | Unsealed Temporary Restraining Order by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. |
| 08/11/2020 | Unsealed Version of Plaintiffs' Notice of Claims Involving Trademarks [20] by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. |
| 08/11/2020 | Unsealed Version of Plaintiffs' Notification of Affiliates pursuant to Local Rule 3.2 [19] by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. |
| 08/11/2020 | Unsealed Version of Plaintiffs' Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [16], Memorandum in Support [17], the accompanying Declaration of Justin R. Gaudio [18] and Exhibits 1-2 thereto [18-1], [18-2] by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. |
| 08/11/2020 | EXHIBIT by Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. Unsealed version of Exhibit 3 Parts 1-7 to the Declaration of Greg Marrazzo [15] regarding other, [37] 附件： 1:Exhibit 3-1 2:Exhibit 3-2 3:Exhibit 3-3 4:Exhibit 3-4 5:Exhibit 3-5 6:Exhibit 3-6 7:Exhibit 3-7 |
| 08/11/2020 | Unsealed Version of Plaintiffs' Motion for Entry of Temporary Restraining Order [11], Memorandum in Support [12], the accompanying Declaration of Justin R. Gaudio [13] and Exhibits 1-4 [13-1] [13-4], the accompanying Declaration of Gregg Marrazzo [14] and Exhibits 1-2 thereto [14-1], [14-2] by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. |
| 08/11/2020 | Unsealed Version of Amended Complaint AMENDED complaint by Make-Up Art Cosmetics Inc., Estee Lauder Cosmetic Ltd. against The Partnerships and Unincorporated Associations Identified on Schedule "A" 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Schedule A |
| 08/07/2020 | ATTORNEY Appearance for Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. by Abby Marie Neu |
| 08/07/2020 | ATTORNEY Appearance for Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. by Allyson M. Martin |
| 08/07/2020 | ATTORNEY Appearance for Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. by Amy Crout Ziegler |
| 08/07/2020 | ATTORNEY Appearance for Plaintiffs Este Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. by Justin R. Gaudio |
| 08/07/2020 | NEW PARTIES: Este Lauder Cosmetics Ltd. and Make-Up Art Cosmetics Inc. added to case caption. Terminating ABC Corporation and DEF Corporation |
| 07/29/2020 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Dckt. No. [30]) is hereby granted. The Court extends the TRO until 5:00 p.m. on August 14, 2020. Mailed notice. |
| 07/27/2020 | MEMORANDUM by ABC Corporation, DEF Corporation in support of extension of time[29] 附件： 1:Declaration of Justin R. Gaudio |
| 07/27/2020 | MOTION by Plaintiffs ABC Corporation, DEF Corporation for extension of time of Temporary Restraining Order |
| 07/17/2020 | SEALED TEMPORARY Restraining Order Signed by the Honorable Steven C. Seeger on 7/17/2020. Mailed notice. |
| 07/17/2020 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' Ex Parte Motion for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Dckt. No. [11]) is hereby granted. Sealed Temporary Restraining Order to follow. Mailed notice. |
| 07/10/2020 | ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk10, Docket) |
| 06/29/2020 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' motion for leave to file under seal (Dckt. No. [4]) is granted. Plaintiffs' motion for electronic service of process (Dckt. No. [16]) is granted. Mailed notice. |
| 06/29/2020 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs filed this case without identifying themselves in the complaint, in violation of the Federal Rules. They used pseudonyms, "ABC Corporation" and "DEF Corporation," without first requesting leave of court. (Dckt. No. [1]) Rule 10(a) commands that the "title of the complaint must name all the parties." See Fed. R. Civ. P. 10(a). The duty to disclose one's own name is not a technicality, and it is not to be taken lightly. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016); see also In re Boeing 737 Max Pilots Litig., 2020 WL 247404 (N.D. Ill. 2020). Plaintiffs later filed an amended complaint under seal that disclosed their names. (Dckt. No. [10]) The original complaint is superseded. Still, the Court strikes the original complaint for violating the Federal Rules. (Dckt. [1]) The Court forewarns Plaintiffs' counsel that, in any future case, it may dismiss the action in its entirety if plaintiffs do not disclose themselves to the Court in the original complaint as required by the Federal Rules. Litigation does not take place in the dark, and parties cannot grant themselves leave to opt-out of the Federal Rules. The practice of filing a complaint with pseudonyms, and then filed an amended complaint under seal the following day, does not comply with the Federal Rules. Mailed notice. |
| 06/26/2020 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 06/26/2020 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
| 06/26/2020 | NOTICE by ABC Corporation, DEF Corporation re SEALED MOTION by Plaintiffs ABC Corporation, DEF Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)[16], SEALED MOTION by Plaintiffs ABC Corporation, DEF Corporation for Entry of a Temporary Restraining Order, including a Temporary Injunction, A Temporary Asset Restraint, and Expedited Discovery[11], MOTION by Plaintiffs ABC Corporation, DEF Corporation for leave to file Under Seal[4] |
| 06/26/2020 | SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Notice of Claims Involving Trademarks |
| 06/26/2020 | SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Notification of Affiliates pursuant to Local Rule 3.2 |
| 06/26/2020 | SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Declaration of Justin R. Gaudio regarding 17 附件： 1:Exhibit 1 2:Exhibit 2 |
| 06/26/2020 | SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Memorandum in Support of Motion |
| 06/26/2020 | SEALED MOTION by Plaintiffs ABC Corporation, DEF Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 06/26/2020 | SEALED EXHIBIT by Plaintiffs ABC Corporation, DEF Corporation Exhibit 3 Parts 1-7 regarding sealed document 14 附件： 1:Exhibit 3-1 2:Exhibit 3-2 3:Exhibit 3-3 4:Exhibit 3-4 5:Exhibit 3-5 6:Exhibit 3-6 7:Exhibit 3-7 |
| 06/26/2020 | SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Declaration of Plaintiff's Representative Regarding 12 附件： 1:Exhibit 1 2:Exhibit 2 |
| 06/26/2020 | SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Declaration of Justin R. Gaudio regarding 12 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
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