最近更新：2024-12-25
2020-cv-06169
| 日期 | 描述 |
|---|---|
| 04/08/2021 | ENTERED JUDGMENT Signed by the courtroom deputy on 04/08/2021. Emailed notice (mw,) |
| 04/08/2021 | ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, final judgment with a permanent injunction is entered, and the Plaintiff is awarded $10,000 in statutory damages against each Defendant. As explained in the Order, this is the appropriate balance between providing some measure of compensation and deterrence, but not crossing the line into over-deterrence and a windfall for the Plaintiff. Specifically, the Defendants were selling T-shirts, not high-end and high-priced counterfeit goods. On review of the online stores of Defendants 1, 2, 22, 23, 24, 29, 38, 43, and 46, the advertised prices ranged from $17$25. Also, it does not appear that the Defendants were selling a high volume of the goods: the online stores advertised having between 1 to 10 available for sale. The most prolific online store offered the T-shirt at a price of $18 and had 10 available. Nor are these counterfeit goods likely to cause any other particular injury to the public (unlike, for example, counterfeit beauty products that are applied on the faces and bodies of consumers; or, as another example, counterfeit ski jackets that are supposed to be rated for certain cold temperatures). Given these factors, $10,000 is the correct award. A separate AO-450 shall be entered. The tracking status hearing of 04/09/2021 is vacated. Civil case terminated. Emailed notice |
| 03/10/2021 | DECLARATION of Michael A. Hierl regarding motion for default judgment 35 附件： 1:Exhibit Hierl Exhibit 1 |
| 03/10/2021 | MEMORANDUM by Universal Music GmbH in support of motion for default judgment 35 附件： 1:Exhibit 1 2:Exhibit 2 |
| 03/10/2021 | MOTION by Plaintiff Universal Music GmbH for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A |
| 03/10/2021 | DECLARATION of William B. Kalbac Declaration of Service |
| 02/10/2021 | MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 32, which says that the parties are in settlement negotiations and requests a deadline of 03/31/2021 to file a default-judgment motion if the negotiations fail, the tracking status hearing of 02/12/2021 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). Instead, by 03/31/2021, either (1) the parties shall file a joint status report if the Defendants have answered; or (2) the Plaintiff shall file the default-judgment motion, with any response due by 04/02/2021. Emailed notice |
| 02/05/2021 | STATUS Report by Universal Music GmbH |
| 02/05/2021 | SUMMONS Returned Executed by Universal Music GmbH as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Amended Schedule A Hereto on 2/5/2021, answer due 2/26/2021. |
| 02/04/2021 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Amended Schedule A Hereto |
| 12/29/2020 | SURETY BOND in the amount of $ 10,000.00 posted by Universal Music GmbH (Document not scanned). |
| 12/21/2020 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 12/21/2020. Emailed notice |
| 12/21/2020 | MINUTE entry before the Honorable Edmond E. Chang: In light of the same circumstances that justified the entry of the TRO, the motion for preliminary injunction 25 is granted. The order will be posted in a separate entry. After service is effectuated, if a Defendant is in default, then the Plaintiff shall promptly file a motion for default judgment (unless settlement negotiations are ongoing). The tracking status hearing of 12/22/2020 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). Instead, the Plaintiff shall file a status report by 02/04/2021. Emailed notice |
| 12/15/2020 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 25 |
| 12/15/2020 | MEMORANDUM by Universal Music GmbH in support of motion for preliminary injunction 25 |
| 12/15/2020 | MOTION by Plaintiff Universal Music GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 12/03/2020 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion on the TRO 22 is granted, in light of the original circumstances and the pendency of information from the non-party platforms. The TRO is extended through 12/22/2020. The tracking status hearing of 12/04/2020 is reset to 12/22/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, by 12/15/2020, the Plaintiff shall file a preliminary injunction motion or other appropriate motion, and include in the motion an update on the case. Emailed notice |
| 11/24/2020 | [REDACTED] TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 11/24/2020. Emailed notice |
| 12/02/2020 | MOTION by Plaintiff Universal Music GmbH for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
| 11/24/2020 | SEALED AMENDED TEMPORARY RESTRAINING ORDER signed by the Honorable Edmond E. Chang: Plaintiff's motion 5 to file under seal is granted for now, and the motion 7 to file extra pages is granted. Plaintiff's motion 8 for temporary restraining order and other relief is granted based on Amended Schedule A and as modified (extending some of the time turn-arounds imposed on non-parties). 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), 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 12/01/2020, Plaintiffs shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Schedule A). Plaintiff's motion for electronic service of process is granted. The tracking status hearing of 11/27/2020 is reset to 12/04/2020 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) on 12/01/2020. Emailed notice |
| 11/18/2020 | SEALED DOCUMENT by Plaintiff Universal Music GmbH Amended Schedule A |
| 11/18/2020 | AMENDED complaint by Universal Music GmbH against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Amended Schedule A Hereto 附件： 1:Exhibit 1 |
| 11/12/2020 | MINUTE entry before the Honorable Edmond E. Chang:On review of the memorandum on joinder, R. 17, the Court accepts that the nine Defendants referred to in the motion are properly joined, at least at the pleading stage. Although the top-line description of the product seems rather generic (because it is literally descriptive of the product), the other ad-copy text and photo displays are sufficiently similar to permit joinder. The photos in particular show text at certain angles and the overlapping placement of the back of the T-shirt is almost exactly the same. On this combination of facts, joinder is accepted as to those nine Defendants. The Plaintiff shall file an Amended Schedule A (under seal if that is still needed) limited to those nine Defendants, and an Amended Complaint if needed (for example, if certain trademarks are not infringed by the remaining nine Defendants, references to other trademarks should be removed). The amended filings are due by 11/19/2020 (and please email a revised proposed TRO to the Proposed Order email account). The tracking status hearing of 11/13/2020 is reset to 11/27/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Court anticipates entering the revised TRO before that tracking date. |
| 10/29/2020 | MEMORANDUM by Universal Music GmbH Memorandum on Joinder |
| 10/20/2020 | MINUTE entry before the Honorable Edmond E. Chang: This case was filed against 92 defendants for infringing the trademark. But joinder as to all of those defendants does not appear to be 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, it does not appear that Plaintiff picked the 92 defendants for joinder based on that standard. The Plaintiff shall file an amended complaint and Schedule A (the schedule may be filed separately under seal) by 10/30/2020, to comply with the opinion, or file a supplemental memorandum explaining why joinder is proper. No changes need to be made to the TRO-related and other filings. To track the filing of the amended complaint, a status hearing is set for 11/13/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 10/19/2020 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 10/19/2020 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 10/16/2020 | Notice of Claims Involving Trademarks by Universal Music GmbH d/b/a Bravado |
| 10/16/2020 | SEALED DOCUMENT by Plaintiff Universal Music GmbH d/b/a Bravado Exhibit 2 Part 3 of Reiter Declaration |
| 10/16/2020 | SEALED DOCUMENT by Plaintiff Universal Music GmbH d/b/a Bravado Exhibit 2 Part 2 of Reiter Declaration |
| 10/16/2020 | SEALED DOCUMENT by Plaintiff Universal Music GmbH d/b/a Bravado Exhibit 2 Part 1 of Reiter Declaration |
| 10/16/2020 | MEMORANDUM by Universal Music GmbH d/b/a Bravado in support of motion for temporary restraining order, [8] 附件： 1:Declaration Struck Declaration 2:Exhibit 1 3:Declaration Reiter Declaration 4:Declaration Hierl Declaration 5:Exhibit Hierl Exhibit 1 6:Exhibit Hierl Exhibit 2 7:Exhibit Hierl Exhibit 3 |
| 10/16/2020 | MOTION by Plaintiff Universal Music GmbH d/b/a Bravado 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 |
| 10/16/2020 | MOTION by Plaintiff Universal Music GmbH d/b/a Bravado for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 10/16/2020 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. |
| 10/16/2020 | SEALED DOCUMENT by Plaintiff Universal Music GmbH d/b/a Bravado Sealed Schedule A |
| 10/16/2020 | MOTION by Plaintiff Universal Music GmbH d/b/a Bravado to seal document Plaintiff's Motion for Leave to File Under Seal |
| 10/16/2020 | ATTORNEY Appearance for Plaintiff Universal Music GmbH d/b/a Bravado by William Benjamin Kalbac |
| 10/16/2020 | ATTORNEY Appearance for Plaintiff Universal Music GmbH d/b/a Bravado by Michael A. Hierl |
| 10/16/2020 | CIVIL Cover Sheet |
| 10/16/2020 | COMPLAINT filed by Universal Music GmbH d/b/a Bravado; Jury Demand. Filing fee $ 400, receipt number 0752-17549864. 附件： 1:Exhibit 1 |
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