最近更新：2024-12-25
2020-cv-07383
| 日期 | 描述 |
|---|---|
| 07/16/2021 | NOTICE of Voluntary Dismissal by Sugartown Worldwide LLC as to certain defendants |
| 05/21/2021 | NOTICE of Voluntary Dismissal by Sugartown Worldwide LLC as to certain defendant |
| 04/16/2021 | FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 4/16/2021. Mailed notice |
| 04/16/2021 | ORDER signed by the Honorable John F. Kness on 4/16/2021: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 53 is granted. Because Defendants directly target their business activities toward consumers in the United States, including Illinois, this Court has personal jurisdiction over the Defendants. Am. Bridal & Prom Indus. Ass'n v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 192 F. Supp. 3d 924, 934 (N.D. Ill. 2016). Plaintiff has presented screenshot evidence that each Defendant Internet Store is reaching out to do business with Illinois residents by operating one or more commercial, interactive Internet Stores through which Illinois residents can and do purchase products using counterfeit versions of Plaintiff's Trademark. See, e.g., Dkt. 13. In addition, based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction is warranted. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants (Plaintiff has not sought an accounting of profits), the value of Plaintiff's brand, the value of Plaintiff's copyrights, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $100,000 is an appropriate award of statutory damages. Enter Final Judgment Order. All pending motions are dismissed as moot. Civil case terminated. Mailed notice |
| 04/16/2021 | NOTICE of Voluntary Dismissal by Sugartown Worldwide LLC as to certain defendants |
| 03/19/2021 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion (Dkt. 53) for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 3/29/2021. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket. Mailed notice |
| 03/19/2021 | NOTICE by Sugartown Worldwide LLC re MOTION by Plaintiff Sugartown Worldwide LLC for entry of default as to all defendantsMOTION by Plaintiff Sugartown Worldwide LLC for default judgment as to all defendants 53 |
| 03/19/2021 | MEMORANDUM by Sugartown Worldwide LLC in support of motion for entry of default, motion for default judgment 53 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 |
| 03/19/2021 | MOTION by Plaintiff Sugartown Worldwide LLC for entry of default as to all defendants, MOTION by Plaintiff Sugartown Worldwide LLC for default judgment as to all defendants |
| 03/19/2021 | NOTICE of Voluntary Dismissal by Sugartown Worldwide LLC as to certain Defendants |
| 03/12/2021 | NOTICE of Voluntary Dismissal by Sugartown Worldwide LLC as to certain defendants |
| 03/12/2021 | NOTICE of Voluntary Dismissal by Sugartown Worldwide LLC as to certain defendant |
| 02/22/2021 | EMAIL sent to Docket Clerk, Paula Harrison dated 2/20/2021 by Defendant Life Helper Store. |
| 02/22/2021 | MINUTE entry before the Honorable John F. Kness: Defendant Life Helper Store has communicated again to the Court by email. The Clerk is requested again to place the email on the docket. Defendant Life Helper Store is again reminded that the Court will not address substantive requests or argument provided by email. Mailed notice |
| 02/16/2021 | NEW PARTIES: JOINBEAUTY Official Store, mummy and baby products Store, DaFen Asenart Studio, Shop2173027 Store, Flynn top factory Store, Mycojines Official Store, LPPUNK DRINKWARE Store, Supple Life Convenient Store, Shop3472017 Store, TAN-drinking ware Store, NatureBell Store, Shop3734026 Store, Shop3989015 Store, YY-Kitchenware Store, Shop4706138 Store, Innovative blanket Store, Shop539917 Store, Neemoy Store, Shop5595315 Store, Shop5875675 Store, Shop5888608 Store, Factory direct baby products Store, Life-Helper Store, Shop900253115 Store, Shop900253145 Store, PINKSEE Store, Adora Life House Store, Shop910737072 Store, Shop910739030 Store, Brant Store, Let-It-Be, wangnan0581, adwgsadfqaw, shenzhenshichenghaoyuandichanzixunyouxiangongsi, wuyehietou, liuyunfeiyu, wincan, hangxiaodian1, Pink Pig Apparel, jdfkfhedkf, Pofeng Coltd, shanghaijingluxiexbv, Xie Jian, ZhangQiuQuYaQinFuZhuangDian, YARUMI, BangXun, jklsdsda, Sare A Berton, Smile-xj, RUOUOR, UYGYGFF, BiBits, Webb554Dora, fshgdsth, Sany Korper, FengYangJunsf, Qingshuo, fdsfas001, putianbaikangmaoyiyouxiangongsi, BLYANQA, Yvonne Yee, chengduqianbozhaomaoyidailiyouxiangongsi, BLUESTAR ZJH Store, shanghaiquanxindianqishebeiyouxiangongsi, Godoyo, ChongYangXianLianWeiBaiHuoDian, twinkle-last, qingzhoushihaijinjianzhugongchengyouxiangongsi, PUGOGO, Fantastic Studio, wrasf, runanxianchenxingshangmaoyouxiangongsi, Zsaw-US, Wandsg Zhonga, fdbfgs, guangzhou meishumaoyiyouxiangongsi, BOQIA, ChongYangXianQiMeiBaiHuoDian-XieQi, Qiang Kui, xiangchengshiwuzeyuanbaihuoxiaoshoudian, zhenxingquxiaoyuhuayigongzuoshi, Autien, HanTuNu, yoelikeDirect, shenzhenshilangerxingkejiyouxiangongsi, liangjiao0212, guangzhoujiangyaoshangmaoyouxiangongsi, SunJianNanL, dou hongbaodvvd45, Hanlon2018(US seller 7-14 days fast delivery), Fancy Girls, Adam N Casey, XuJingLieXiangChunChaZhuang, Toddsquad, Westtiee, MoMo-, SUN W HANS, BEUU(7-18 Days Delivery), YIJIN03, DEDRIC, lanibayer61, Bnnhjkbvnnvnnncbbcbhvcc, libahedrick14023336 and kiarraowen62225053 added to case caption. |
| 02/16/2021 | PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 2/16/2021. Mailed notice |
| 02/16/2021 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 28 is granted. As an initial matter, Defendant Liying Kitchen & Party Dining appeared through counsel and filed a one-page, nonsubstantive response in opposition 33 to the motion for a preliminary injunction. But this Defendant did not file a memorandum of law explaining the basis of the opposition even though the response 33 referred to one. Nor did Defendant Liying Kitchen & Party Dining submit a written basis for its opposition in advance of the hearing on the motion that the Court held on 2/12/2021. Accordingly, the Court will proceed a resolution of the motion on the merits without the benefit of substantive argument by Defendant Liying Kitchen & Party Dining. This holding is, however, without prejudice to Defendant Liying Kitchen & Party Dining's right to file a substantive motion to dissolve the preliminary injunction as to itself. On the merits, Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 31 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but, aside from Defendant Liying Kitchen & Party Dining, no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days and that this order be placed on the website containing relevant case documents. The Clerk is requested to unseal any previously-sealed documents. Mailed notice |
| 02/12/2021 | MINUTE entry before the Honorable John F. Kness: Telephonic motion hearing held. Counsel for Plaintiff and Defendant Liying Kitchen & Party Dining Supplies Store appeared. As discussed on the record, Plaintiff's motion for preliminary injunction [28] is taken under advisement. Ruling by mail. The existing temporary restraining order is scheduled to expire on or about 2/12/21. For the reasons stated on the record and in the Court's orders entering the TRO, the TRO remains in place pending resolution of Plaintiff's motion for preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice |
| 02/12/2021 | NOTICE of Voluntary Dismissal by Sugartown Worldwide LLC as to certain defendants |
| 02/11/2021 | EMAIL sent to Docket Clerk, Paula Harrison dated 2/10/2021 by Defendant Life Helper Store. |
| 02/11/2021 | MINUTE entry before the Honorable John F. Kness: Defendant Life Helper Store has communicated again to the Court by email. The Clerk is requested again to place the email on the docket. But Defendant is advised that, because the Court has authorized alternative means for service of process and other case documents, email is not a permissible form of communicating substantively concerning this litigation. Accordingly, the Court will no longer respond to or address emailed communications from Defendant. If Defendant wishes to file documents in this case, it must do so using the formal docket. Mailed notice |
| 02/09/2021 | EMAILED a copy of minute order [40] dated 2/8/2021 to the email addresses associated with the entities referenced in order [40] dated 2/8/2021. |
| 02/08/2021 | EMAILS sent to Courtroom Deputy, Lisa Provine and the Court's Emergency Judge email address by certain unknown defendants. |
| 02/08/2021 | MINUTE entry before the Honorable John F. Kness: The Court has received two separate email communications from entities who are purportedly Defendants in this action. The Clerk is requested to place both communications on the docket. Plaintiff is directed to review both emails and to ensure that copies of the documents sought by these entities, as well as this minute order, are made available free of charge through the alternative-service mechanism previously authorized by the Court (see Dkt. 21, 22, 31). In addition, the Court notes that, per Court-wide policy, parties who wish to obtain copies of court documents from the Clerk must send a request to the Certified Copy Desk (CCD) inbox at CCD_ILND@ilnd.uscourts.gov or by fax at (312) 554-8675. The requesting party will be provided with a CCD invoice and charged according to the Fee Schedule. The fee schedule can be found on Court's webpage at www.ilnd.uscourts.gov. Once the party's payment has been processed, the Clerk will provide copies of the requested documents. The Clerk is requested to forward a copy of this minute order to the email addresses associated with the entities referenced in this order. Mailed notice |
| 02/03/2021 | MINUTE entry before the Honorable John F. Kness: Plaintiff has moved for a preliminary injunction, and the Court has set a hearing on that contested motion for 2/12/21. The existing temporary restraining order is scheduled to expire on or about 2/3/21. For the reasons stated in the Court's orders entering the TRO, as well as in Plaintiff's motion 36 to extend the TRO, the TRO is extended to and including 2/12/21. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice |
| 02/03/2021 | NOTICE by Sugartown Worldwide LLC re MOTION by Plaintiff Sugartown Worldwide LLC for extension of time of Temporary Restraining Order 36 |
| 02/03/2021 | MEMORANDUM by Sugartown Worldwide LLC in support of extension of time 36 |
| 02/03/2021 | MOTION by Plaintiff Sugartown Worldwide LLC for extension of time of Temporary Restraining Order |
| 02/03/2021 | MINUTE entry before the Honorable John F. Kness: A hearing on Plaintiff's motion for a preliminary injunction is set for 2/12/2021 at 11:15 AM. Any objections to the motion must be properly filed on or before 2/10/2021. The motion will be considered unopposed as to any Defendant who does not file an objection. Plaintiff must provide notice of the motion for a preliminary injunction and the hearing date through the alternative service means previously approved by the Court and employed by Plaintiff (see Dkt. 22, 31). The parties are to use the following call-in number: 888-684-8852, access code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice |
| 02/01/2021 | ATTORNEY Appearance for Defendant Liying Kitchen & Party Dining Supplies Store by Tianyu Ju |
| 02/01/2021 | RESPONSE by Liying Kitchen & Party Dining Supplies Storein Opposition to MOTION by Plaintiff Sugartown Worldwide LLC for preliminary injunction [28] |
| 02/01/2021 | ATTORNEY Appearance for Defendant Liying Kitchen & Party Dining Supplies Store by Tao Liu |
| 01/29/2021 | SUMMONS Returned Executed by Sugartown Worldwide LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 1/29/2021, answer due 2/19/2021. 附件： 1:Declaration of Abby Neu |
| 01/29/2021 | NOTICE by Sugartown Worldwide LLC re MOTION by Plaintiff Sugartown Worldwide LLC for preliminary injunction 28 |
| 01/29/2021 | MEMORANDUM by Sugartown Worldwide LLC in support of motion for preliminary injunction 28 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 |
| 01/29/2021 | MOTION by Plaintiff Sugartown Worldwide LLC for preliminary injunction |
| 01/20/2021 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 01/19/2021 | EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 1/19/2021. Mailed notice |
| 01/19/2021 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion for extension of time of temporary restraining order [23] is granted. Enter separate order. Mailed notice |
| 01/14/2021 | NOTICE by Sugartown Worldwide LLC re MOTION by Plaintiff Sugartown Worldwide LLC for extension of time of Temporary Restraining Order 23 |
| 01/14/2021 | MEMORANDUM by Sugartown Worldwide LLC in support of extension of time 23 附件： 1:Declaration of Justin R. Gaudio |
| 01/14/2021 | MOTION by Plaintiff Sugartown Worldwide LLC for extension of time of Temporary Restraining Order |
| 01/12/2021 | BOND in the amount of $ 10,000.00, Receipt no. 4624251100 posted by Sugartown Worldwide LLC |
| 01/06/2021 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 1/6/2021. (ma,) |
| 01/06/2021 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 3, ex parte motion for a temporary restraining order 9, and motion for electronic service of process 14 are granted. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2 and 13. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. As other judges in this District have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice (ma,) |
| 12/15/2020 | MAILED Trademark report to Patent Trademark Office, Alexandria VA 附件： 1:(List of Trademarks - Exhibit 1) 2:(List of Trademarks - Exhibit 2) |
| 12/15/2020 | Notice of Claims Involving Trademarks by Sugartown Worldwide LLC |
| 12/15/2020 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sugartown Worldwide LLC |
| 12/15/2020 | NOTICE by Sugartown Worldwide LLC re MOTION by Plaintiff Sugartown Worldwide LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 9, MOTION by Plaintiff Sugartown Worldwide LLC for leave to file under seal 3, MOTION by Plaintiff Sugartown Worldwide LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 14 |
| 12/15/2020 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15 附件： 1:Exhibit 1 2:Exhibit 2 |
| 12/15/2020 | MEMORANDUM by Sugartown Worldwide LLC in support of motion for miscellaneous relief 14 |
| 12/15/2020 | MOTION by Plaintiff Sugartown Worldwide LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 12/15/2020 | SEALED EXHIBIT by Plaintiff Sugartown Worldwide LLC Exhibit 3 Parts 1-5 regarding declaration 12 附件： 1:Exhibit 3-1 2:Exhibit 3-2 3:Exhibit 3-3 4:Exhibit 3-4 5:Exhibit 3-5 |
| 12/15/2020 | DECLARATION of Suraj A. Palakshappa regarding memorandum in support of motion 10 附件： 1:Exhibit 1 2:Exhibit 2 |
| 12/15/2020 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 10 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
| 12/15/2020 | MEMORANDUM by Sugartown Worldwide LLC in support of motion for temporary restraining order 9 |
| 12/15/2020 | MOTION by Plaintiff Sugartown Worldwide LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 12/14/2020 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. |
| 12/14/2020 | ATTORNEY Appearance for Plaintiff Sugartown Worldwide LLC by Abby Marie Neu |
| 12/14/2020 | ATTORNEY Appearance for Plaintiff Sugartown Worldwide LLC by Allyson M. Martin |
| 12/14/2020 | ATTORNEY Appearance for Plaintiff Sugartown Worldwide LLC by Amy Crout Ziegler |
| 12/14/2020 | ATTORNEY Appearance for Plaintiff Sugartown Worldwide LLC by Justin R. Gaudio |
| 12/14/2020 | CIVIL Cover Sheet |
| 12/14/2020 | MOTION by Plaintiff Sugartown Worldwide LLC for leave to file under seal |
| 12/14/2020 | SEALED EXHIBIT by Plaintiff Sugartown Worldwide LLC Schedule A regarding complaint[1] |
| 12/14/2020 | COMPLAINT filed by Sugartown Worldwide LLC; Filing fee $ 402, receipt number 0752-17737006. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 |
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