最近更新：2024-12-25
2020-cv-00733
| 日期 | 描述 |
|---|---|
| 10/23/2020 | FINAL JUDGMENT ORDER Signed by the Honorable John Z. Lee on 10/23/20.Mailed notice |
| 10/21/2020 | MINUTE entry before the Honorable John Z. Lee:Motion hearing held on 10/21/20. Plaintiff's motion for entry of default and default judgment against the Defendants identified in Schedule A [64] is granted in the amount of $100,000 per Defendant as to the trademark claim and $50,000 per Defendants as to the copyright claim. Civil case terminated.Mailed notice |
| 10/16/2020 | NOTICE of Motion by Alison Carter for presentment of motion for default judgment, motion for entry of default[64] before Honorable John Z. Lee on 10/21/2020 at 09:15 AM. |
| 10/16/2020 | MEMORANDUM by Rubik's Brand, Ltd. in support of motion for default judgment, motion for entry of default[64] as to all Defendants 附件： 1:Declaration of Ann Marie Sullivan |
| 10/16/2020 | MOTION by Plaintiff Rubik's Brand, Ltd. for default judgment as to all Defendants, MOTION by Plaintiff Rubik's Brand, Ltd. for entry of default as to all Defendants |
| 10/16/2020 | NEW PARTIES: baitangdangshoul4, happyflower2019, happypurchasestore, happytree2019, homeimproves, prettycat2019, vcyh65576487 and yalstore added to case caption. Terminating ATHEMEET US and The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 10/14/2020 | CIVIL BOND in the amount of $ $10,000.00 posted by Rubik's Brand, Ltd. (Document not scanned). |
| 10/09/2020 | ATTORNEY Appearance for Defendant ATHEMEET US by Tianyu Ju |
| 10/09/2020 | ATTORNEY Appearance for Defendant ATHEMEET US by Wei Yang Yang, Wei |
| 10/09/2020 | ATTORNEY Appearance for Defendant ATHEMEET US by Andrew Jonathan Palmer Palmer, Andrew |
| 10/09/2020 | ATTORNEY Appearance for Defendant ATHEMEET US by Tao Liu Liu, Tao |
| 09/23/2020 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Z. Lee on 9/23/20.Mailed notice |
| 09/23/2020 | MINUTE entry before the Honorable John Z. Lee:Motion hearing held on 9/23/20. For the reasons stated on the record, Plaintiff's motion for preliminary injunction [52] is granted. Enter order.Mailed notice |
| 09/22/2020 | SUMMONS Returned Executed by Rubik's Brand, Ltd. as to All Defendants. 附件： 1:Declaration of Service |
| 09/22/2020 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 09/21/2020 | MINUTE entry before the Honorable John Z. Lee:The motion hearing set for 9/23/20 at 9:00 a.m. is reset to 9/23/20 at 9:15 a.m.Mailed notice |
| 09/18/2020 | NOTICE of Motion by Ann Marie Sullivan for presentment of motion for preliminary injunction[52] before Honorable John Z. Lee on 9/23/2020 at 09:00 AM. (Sullivan, Ann Marie) |
| 09/18/2020 | MEMORANDUM by Rubik's Brand, Ltd. in support of motion for preliminary injunction[52] 附件： 1:Declaration of Ann Marie Sullivan |
| 09/18/2020 | MOTION by Plaintiff Rubik's Brand, Ltd. for preliminary injunction (Sullivan, Ann Marie) |
| 09/09/2020 | SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John Z. Lee on 9/9/2020. |
| 09/09/2020 | MINUTE entry before the Honorable John Z. Lee: Motion hearing held on 9/9/20. For the reasons stated on the record, Plaintiff's motion for temporary restraining order [42], motion to seal [45] and motion for electronic service of process [46] are granted. Mailed notice |
| 08/31/2020 | MINUTE entry before the Honorable John Z. Lee: Telephone Conference set for 9/9/20 at 9:15 a.m., to address the pending motions. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. Mailed notice |
| 08/31/2020 | STATUS Report by Rubik's Brand, Ltd. |
| 08/28/2020 | MEMORANDUM by Rubik's Brand, Ltd. in support of motion for miscellaneous relief[46] (Sullivan, Ann Marie) |
| 08/28/2020 | MOTION by Plaintiff Rubik's Brand, Ltd.electronic service of process (Sullivan, Ann Marie) |
| 08/28/2020 | MOTION by Plaintiff Rubik's Brand, Ltd. to seal document sealed document[44] (Sullivan, Ann Marie) |
| 08/28/2020 | SEALED DOCUMENT by Plaintiff Rubik's Brand, Ltd. Amended Memorandum in Support of Motion for Temporary Restraining Order (Sullivan, Ann Marie) |
| 08/28/2020 | MOTION by Plaintiff Rubik's Brand, Ltd. for temporary restraining order (Sullivan, Ann Marie) |
| 07/29/2020 | MINUTE entry before the Honorable John Z. Lee: The Court orders the parties to file a joint written status report by 8/31/20. The report, which shall be as concise as possible, shall set forth: (1) the current deadlines imposed by the Court and whether the matter has been referred to the Magistrate Judge in any fashion (e.g., for discovery supervision; for resolution of a motion; for settlement; etc.); (2) the progress of discovery, if discovery is ongoing; (3) the status of briefing on unresolved motions, if any; (4) whether the parties have engaged or are engaging in settlement discussions and the status of those discussions; (5) for cases without any future court dates, an agreed proposed schedule; (6) for cases that have future court dates and if the parties believe there is good cause to extend the current deadlines, a proposed amended schedule and the basis for the request; (7) a request for any agreed action that the Court can take without a hearing; (8) and whether the parties believe a telephonic hearing or in-person hearing is necessary within the next 60 days, and, if so, the issue(s) that warrants discussion and the parties' respective positions. Mailed notice |
| 07/24/2020 | SEALED EXHIBIT by Plaintiff Rubik's Brand, Ltd. Amended Exhibit 3 to the Declaration of Paul Varley regarding exhibit, [20] (Sullivan, Ann Marie) |
| 07/24/2020 | SEALED EXHIBIT by Plaintiff Rubik's Brand, Ltd. Schedule "A" regarding amended complaint[39] (Sullivan, Ann Marie) |
| 07/24/2020 | AMENDED complaint by Rubik's Brand, Ltd. against The Partnerships and Unincorporated Associations Identified on Schedule "A" (Sullivan, Ann Marie) |
| 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. (Clerk8, Docket) |
| 06/26/2020 | MINUTE entry before the Honorable John Z. Lee: The Court finds that joinder of the 643 individual defendants is improper. Plaintiff supports joinder primarily by noting that "Defendants are working in a similar manner and during the same time period to sell [c]ounterfeit Rubik's Products." Joinder Mot. at 2, ECF No. 23. But courts in this district "have consistently held" that joinder is improper where "multiple defendants are merely alleged to have infringed the same. trademark." ThermaPure, Inc. v. Temp-Air, Inc., No. 10 C 4724, 2010 WL 5419090, at *4 (N.D. Ill. Dec. 22, 2010). The Court is not prepared to depart from that longstanding procedural tenet, which ensures that joinder is permitted only where its intended purposes -- such as avoiding delay and expense where there is evidentiary overlap, see Eclipse Mfg. Co. v. M and M Rental Center, Inc., 521 F. Supp. 2d 739, 744 (N.D. Ill. 2007) -- are served, and also helps minimize prejudice to defendants by, for example, enabling them to receive a more tailored judgment as to statutory damages under the Lanham Act, see H-D U.S.A., LLC v. SunFrog, LLC, 311 F. Supp. 3d 1000, 1048 (E.D. Wis. 2008). For these reasons, joinder of defendants cannot be premised solely on independent, parallel conduct; the plaintiff must show some additional connection between each joined Defendant. Although conclusory assertions of such a link between defendants are insufficient, a plaintiff can meet its burden at the pleading stage by coupling such assertions with specific factual allegations that indicate cooperation, coordination, or collusion. Examples of such facts include, inter alia, shared physical or email addresses, substantially identical product descriptions or web pages, or (to import a concept from elsewhere in trademark law) websites that share a distinctive "look and feel," see, e.g., Conference Archives, Inc. v. Sound Images, Inc., No. 3:2006-76, 2010 WL 1626072, at *4 (W.D. Pa. Mar. 31, 2010). Though such facts will not definitively establish coordination or any other kind of relationship between the defendants, see Este Lauder Cosmetics Ltd. v. The P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 18889 (N.D. Ill. 2020), plaintiffs at the pleading stage need not allege facts that definitively establish a link between the defendants; they need only allege facts that plausibly establish such a link. Here, Plaintiff does not clearly put forth allegations that each Defendant has ties to every other Defendant, and much of what it does present is generic and would likely apply to counterfeiters at large, including the fact that Defendants' websites lack contact information. Joinder Mot. at 12. Furthermore, although Plaintiff avers that Defendants "are in constant communication with each other" on various chatting websites, based "[o]n information and belief," id., they offer no facts from which the Court can infer such a relationship. Plaintiff has thus not met its burden to show that joinder of every Defendant is proper. Plaintiff is given until July 24, 2020 to file an amended complaint that includes only those Defendants that are alleged to have coordinated, collaborated, or are otherwise connected with each other. Moreover, Plaintiff must allege specific facts indicating ties between each Defendant, including shared, or substantially shared, identifiers that do not encompass a significant portion of either all e-commerce counterfeiters generally or all Rubik's counterfeiters specifically. Finally, in light of this order, Plaintiff's motions 11 14 are stricken without prejudice. Its motion for leave to file under seal 25, however, is granted. Mailed notice Modified on 6/29/2020. |
| 06/12/2020 | MINUTE entry before the Honorable John Z. Lee: The Motion Hearing set for 6/16/20 is reset to 6/29/20 at 9:15 a.m. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the motion hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. Mailed notice |
| 06/11/2020 | NOTICE of Motion by Alison Carter for presentment of motion for temporary restraining order[11], motion for miscellaneous relief[14], motion for leave to file[25] before Honorable John Z. Lee on 6/16/2020 at 09:00 AM. |
| 05/26/2020 | ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket9,) |
| 05/15/2020 | STATUS Report by Rubik's Brand, Ltd. |
| 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. (docket8,) |
| 04/01/2020 | MINUTE entry before the Honorable John Z. Lee: Pursuant to the Second Amended General Order 20-0012, In re: Coronovirus COVID-19 Public Emergency (dated Mar. 30, 2020), the status and motion hearing set for 4/9/20 is hereby stricken. The Court will issue an order scheduling a status hearing at a future date. The documents will remain under seal until further order of the Court.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. |
| 03/16/2020 | MINUTE entry before the Honorable John Z. Lee:The motion hearing set for 3/24/20 is reset to 4/9/20 at 9:00 a.m.Mailed notice |
| 03/09/2020 | MINUTE entry before the Honorable John Z. Lee:Plaintiff's motions 11 14 25 are entered and continued for 3/24/20 at 9:00 a.m. No appearance is required on 3/10/20.Mailed notice |
| 03/03/2020 | NOTICE of Motion by Alison Carter for presentment of motion for temporary restraining order 11, motion for miscellaneous relief 14, motion for leave to file 25 before Honorable John Z. Lee on 3/10/2020 at 09:00 AM. |
| 03/03/2020 | MOTION by Plaintiff Rubik's Brand, Ltd. for leave to file under seal |
| 03/03/2020 | SEALED DOCUMENT by Plaintiff Rubik's Brand, Ltd. Declaration of Ann Marie Sullivan 附件： 1:Exhibit Exhibits 1-5)(Sullivan, Ann Marie |
| 03/03/2020 | SEALED DOCUMENT by Plaintiff Rubik's Brand, Ltd. Establishing That Joinder Is Proper |
| 03/02/2020 | MINUTE entry before the Honorable John Z. Lee:The status hearing set for 3/26/20 is reset to 4/9/20 at 9:00 a.m.Mailed notice |
| 02/14/2020 | MINUTE entry before the Honorable John Z. Lee: Plaintiff's motion for leave to file under seal 5 is granted. The other motions noticed for 2/18/2020 11 14 are entered and continued to 3/10/2020 at 9:00 a.m. In the meantime, Plaintiff is directed to file by 3/3/2020 a memorandum supporting joinder of the 643 individual defendants under Rule 20. Mailed notice |
| 02/13/2020 | SEALED EXHIBIT by Plaintiff Rubik's Brand, Ltd. Exhibit 3 - Part 1 regarding declaration 13 附件： 1:Exhibit 3 - Part 2 2:Exhibit 3 - Part 3 3:Exhibit 3 - Part 4 4:Exhibit 3 - Part 5 5:Exhibit 3 - Part 6 6:Exhibit 3 - Part 7 7:Exhibit 3 - Part 8 8:Exhibit 3 - Part 9 9:Exhibit 3 - Part 10 10:Exhibit 3 - Part 11)(Sullivan, Ann Marie |
| 02/13/2020 | DECLARATION of Ann Marie Sullivan regarding memorandum in support of motion 15 for Electronic Service of Process 附件： 1:Exhibit 1-4 |
| 02/13/2020 | SEALED EXHIBIT by Plaintiff Rubik's Brand, Ltd. Schedule A regarding complaint 1 (Sullivan, Ann Marie) |
| 02/13/2020 | AMENDED memorandum in support of motion 12 (Sullivan, Ann Marie) |
| 02/12/2020 | NOTICE of Motion by Alison Carter for presentment of motion for temporary restraining order 11, motion for leave to file 5, motion for miscellaneous relief 14 before Honorable John Z. Lee on 2/18/2020 at 09:00 AM. |
| 02/12/2020 | MEMORANDUM by Rubik's Brand, Ltd. in support of motion for miscellaneous relief 14 |
| 02/12/2020 | MOTION by Plaintiff Rubik's Brand, Ltd.for Electronic Service of Process |
| 02/10/2020 | DECLARATION of Paul Varley regarding memorandum in support of motion 12 for temporary restraining order 附件： 1:Exhibit 1 2:Exhibit 2 |
| 02/10/2020 | MEMORANDUM by Rubik's Brand, Ltd. in support of motion for temporary restraining order 11 |
| 02/10/2020 | MOTION by Plaintiff Rubik's Brand, Ltd. for temporary restraining order |
| 02/06/2020 | MINUTE entry before the Honorable John Z. Lee:Initial status hearing set for 3/26/20 at 9:00 a.m. Judge Lee participates in the Mandatory Initial Discovery Pilot Project ("Project"). The Project applies to all cases filed on or after June 1, 2017, excluding the following: (1) cases exempted by Rule 26(a)(1)(B), (2) actions brought by a person in the custody of the United States, a state, or a state subdivision, regardless of whether an attorney is recruited, (3) actions under the Private Securities Litigation Reform Act, (4) patent cases governed by the Local Patent Rules, and (5) cases transferred for consolidated administration in the District by the Judicial Panel on Multidistrict Litigation ("Exempt Cases").For all cases to which the Project applies, Judge Lee requires (1) each attorney appearing on behalf of Plaintiff(s) to file a "Certification by Attorney Regarding Discovery Obligations Under Mandatory Initial Discovery Pilot Project" form within 28 days after the filing of the Complaint and (2) each attorney appearing on behalf of Defendant(s) to file the certification form with the Answer. The parties are directed to file a joint initial status report four business days prior to the initial status hearing. The certification form and initial status report requirements are set forth in Judge Lee's standing order regarding the "Mandatory Initial Discovery Pilot Project" available on the Courts website. For all Exempt Cases, the parties are directed to file a joint initial status report four business days prior to the initial status hearing in accordance with the standing order governing "Initial Status Report in Cases Exempt from the Mandatory Initial Discovery Pilot Project" also available on the Court's website. Mailed notice |
| 02/03/2020 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 02/03/2020 | 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. |
| 02/03/2020 | MAILED trademark report to Patent Trademark Office, Alexandria VA. 附件： 1:Exhibit 1 |
| 01/31/2020 | ATTORNEY Appearance for Plaintiff Rubik's Brand, Ltd. by Raymond C Lang |
| 01/31/2020 | MOTION by Plaintiff Rubik's Brand, Ltd. for leave to file under seal |
| 01/31/2020 | ATTORNEY Appearance for Plaintiff Rubik's Brand, Ltd. by Ann Marie Sullivan (Sullivan, Ann Marie) |
| 01/31/2020 | CASE ASSIGNED to the Honorable John Z. Lee. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. |
| 01/31/2020 | ATTORNEY Appearance for Plaintiff Rubik's Brand, Ltd. by Alison Carter |
| 01/31/2020 | CIVIL Cover Sheet |
| 01/31/2020 | COMPLAINT filed by Rubik's Brand, Ltd.; Filing fee $ 400, receipt number 0752-16677311. 附件： 1:Exhibit 1 2:Exhibit 2 3:Supplement Schedule "A" |
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