最近更新：2024-12-25
2021-cv-05318
| 日期 | 描述 |
|---|---|
| 10/25/2022 | SATISFACTION of Judgment |
| 07/15/2022 | SATISFACTION of Judgment |
| 06/21/2022 | SATISFACTION of Judgment |
| 06/17/2022 | SATISFACTION of Judgment |
| 06/10/2022 | FINAL JUDGMENT ORDER Signed by the Honorable John F. Kness on 6/10/2022. Mailed notice. |
| 06/10/2022 | ORDER : No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion (Dkt. 62) 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 infringing products. See, e.g., Dkt. 10. 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. Defendants' infringement was willful and statutory damages are thus 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 brands, and the need to deter infringement that is easily committed and difficult to stop, the court finds that $100,000 per distinct Defendant is an appropriate award of statutory damages under 15 U.S.C. § 1117(c)(2) for Defendants' willful use of counterfeit trademarks. Enter Final Judgment Order. Any other pending motions are dismissed as moot. Civil case terminated. Signed by the Honorable John F. Kness on 6/10/2022. Mailed notice. |
| 05/31/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 125 |
| 05/27/2022 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 62 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 6/6/2022. 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 two business days of its entry on the docket and must file proof of service within three business of service being effected. Mailed notice |
| 05/20/2022 | DECLARATION of Michael A. Hierl regarding motion for default judgment 62 附件： 1:(Exhibit Hierl Exhibit 1) |
| 05/20/2022 | MEMORANDUM by Emoji Company GmbH in support of motion for default judgment 62 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 05/20/2022 | MOTION by Plaintiff Emoji Company GmbH for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A |
| 05/20/2022 | DECLARATION of William B. Kalbac Declaration of Service |
| 05/02/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 71, 136 |
| 04/27/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 60 |
| 04/27/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 166 |
| 04/15/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 111 |
| 03/21/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 132 |
| 02/25/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 101 |
| 02/14/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 100 |
| 02/11/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 168 |
| 02/01/2022 | NEW PARTIES: SKKRBMITHot Christmas Carnival Promotion, store of traviscoot, sudoki, suixishangmao, SUNNG- shang mao-US, Super Go Cool, Surlove, swj427618, Taixu shangmaodiani, TaiYuan HuanXinJieTongXinKeJiYouXianGongSi, taiyuanshiwanbailinqugaowangyanbianlidian, TANGTANGSHOP, ToddJSumrall, Tran Van Son Shop, TYjinyif, TYKKZ, Versbry, wangweijiededianpu, Wishngbio hnn xi bobo wnglu jsh yux, Winston Gresham, WO ZUIMEI, wucaiy6432, xcxzgs, Xiangchengshifunuoshangmaoyouxiangongsi, xiangchengshiguozhongbaihuopu, xiangchengshiquanzhanshangmaoyouxiancompany, xiangchengxianzhanmaibaihuodian, xiangxiangshop, xiangyingshop, XIAOXIAOFENGUS, Xifujiadianzichanpin and XL-XTA added to case caption. |
| 01/31/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 106 |
| 01/31/2022 | NEW PARTIES: 22HaoShangPu, 3FA, 7-12 Days Fast Deliver TOPUUTP MASK, A longan, A magnolia flower, AAAACYB, aaafas, ABIGAIL NOELANI HOFMANN, ablackcatMM, Adiosnhgns, Adjuststudy, AFELL., Aidn's Store, AIKESIWEI, Aiyanqing, Aki Department Store, Alyssa123, Amaeen1, anetrjrgftysjdgfsgfrdewawre, Angela Bedding (duvet cover, bed sheet, blanket, w, anima-w, Anina Baby, anne Lin, ANPADI, ANUSHYA DUSHYANTHI DEVENDRA hha, ANYEI, anyixuan, anyuexianbenbobaihuodian, AoHanan, aojiexiaopu US, aoliaoxin, apasin, Archicc, Asdecmoly, ashfjjjh, ask.jin, ASKNDS, axmugstore, AYMCC, baibianshaonan, Balingwenhua, bAodingliuyingshangmaoyouxiangongsi, BC556U, BCHENG, BdiliUSA, BeBasics, bei jing zhong shi tian ge wen hua chuan mei you x, BeiHengXinQingDianZi, BEIZIERG and Besttile added to case caption. |
| 01/31/2022 | PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 1/31/2022. Mailed notice |
| 01/31/2022 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [27] is granted. Plaintiff's filings establish that Plaintiff 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 [32] [33] that it provided electronic notice to defendants of the pendency of this case, including the motion for a preliminary injunction, and provided a link to a website containing relevant case documents, but no remaining Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. The motion [22] for an extension of the TRO is dismissed as moot. Mailed notice |
| 01/25/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 01/20/2022 | MINUTE entry before the Honorable John F. Kness: Defendant Hugur's Motion to withdraw its response in opposition to Plaintiff's motion for preliminary injunction [46] is granted. Defendant Hugur's response [36] is voluntarily withdrawn. Mailed notice |
| 01/20/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 201 |
| 01/20/2022 | MOTION by Defendant Hugur to withdraw response in opposition to motion, [36] |
| 01/18/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 01/13/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 01/12/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 01/11/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 01/11/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 192 |
| 01/06/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 01/05/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 68 |
| 01/04/2022 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 01/03/2022 | ATTORNEY Appearance for Defendant Hugur by Shengmao Mu |
| 01/03/2022 | RESPONSE by Hugurin Opposition to MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction 27 附件： 1:Exhibit A 2:Declaration Operator's Declaration |
| 12/29/2021 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 12/29/2021 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 12/23/2021 | CERTIFICATE of Service by Michael A. Hierl on behalf of Emoji Company GmbH |
| 12/23/2021 | SUMMONS Returned Executed by Emoji Company GmbH as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 12/22/2021, answer due 1/12/2022. |
| 12/22/2021 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 94 |
| 12/22/2021 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 12/22/2021 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 27 |
| 12/22/2021 | MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction 27 |
| 12/22/2021 | MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 12/21/2021 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 12/21/2021 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 12/20/2021 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 12/16/2021 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 12/06/2021 | SURETY BOND in the amount of $10,000.00 posted by plaintiff Emoji Company GmbH (Document not scanned) |
| 12/01/2021 | MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
| 11/22/2021 | SEALED TEMPORARY RESTRAINING ORDER: Signed by the Honorable John F. Kness on 11/22/2021. |
| 11/22/2021 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 6, motion for leave to file excess pages 8, and ex parte motion for a temporary restraining order and other relief 9 are granted in part. Plaintiff's submissions (including the Santiago, Reiter, and Hierl Declarations) 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 7 and [11-18]. 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 under FRCP 65(b)(1). 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 equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 this Court and others 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. A transfer of domain names is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice |
| 10/07/2021 | Notice of Claims Involving Trademarks by Emoji Company GmbH |
| 10/07/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 8 of Reiter Declaration |
| 10/07/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 7 of Reiter Declaration |
| 10/07/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 6 of Reiter Declaration |
| 10/07/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 5 of Reiter Declaration |
| 10/07/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 4 of Reiter Declaration |
| 10/07/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 3 of Reiter Declaration |
| 10/07/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 2 of Reiter Declaration |
| 10/07/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 1 of Reiter Declaration |
| 10/07/2021 | MEMORANDUM by Emoji Company GmbH in support of motion for temporary restraining order, 9 附件： 1:Declaration Santiago 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 |
| 10/07/2021 | MOTION by Plaintiff Emoji Company GmbH 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 |
| 10/07/2021 | MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 10/07/2021 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. |
| 10/07/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Sealed Schedule A |
| 10/07/2021 | MOTION by Plaintiff Emoji Company GmbH to seal document Plaintiff's Motion for Leave to File Under Seal |
| 10/07/2021 | ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Robert Payton Mcmurray |
| 10/07/2021 | ATTORNEY Appearance for Plaintiff Emoji Company GmbH by William Benjamin Kalbac |
| 10/07/2021 | ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Michael A. Hierl |
| 10/07/2021 | CIVIL Cover Sheet |
| 10/07/2021 | COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 402, receipt number 0752-18746569. 附件： 1:Exhibit 1 |
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