最近更新：2024-12-25
2021-cv-05454
| 日期 | 描述 |
|---|---|
| 04/04/2023 | SATISFACTION of Judgment |
| 01/24/2023 | RETURN of U.S. Post Office Receipt, article no. 7021 1970 0001 3330 2476. |
| 12/12/2022 | MAILED original ten-thousand-dollar ($10,000) surety bond posted by EMOJI COMPANY GmbH to Michael A. Hierl from Hughes Socol Piers Resnick & Dym Ltd, Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago IL. 60602 via certified mail # 7021 1970 0001 3330 2476. |
| 12/09/2022 | DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 12/9/2022. Mailed notice |
| 12/09/2022 | ORDER: In the court's 11/21/2022 minute entry 65, it gave all defendants until 12/1/2022 to object to plaintiff's motion for entry of default and default judgment 61. See 65. No defendant has objected. The court therefore grants plaintiff's motion for entry of default and default judgment 61. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount specified in the order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors a permanent injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel, Michael A. Hierl, Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602, via certified mail. Enter Default Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 12/9/2022. Mailed notice |
| 11/28/2022 | NOTICE by Emoji Company GmbH Notice of Filing 附件： 1:(Amended Schedule A) |
| 11/21/2022 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of default and default judgment 61 is taken under advisement. Any defendant objecting to plaintiff's motion for entry of default and for default judgment 61 must enter an appearance and file a written objection by 12/1/2022. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. As to the motion to file an amended Schedule A 64, the court finds good cause to grant leave to amend under Fed.R.Civ.P. 15(a)(2). Motion 64 is granted. Defendants savinmart_lk and Dongguan City Dreamland Commodity Technology Co., Ltd. are dismissed with prejudice, each party to bear its own attorney's fees and costs. Plaintiff is directed to file an amended Schedule A on the docket by 11/28/2022. |
| 11/17/2022 | MOTION by Plaintiff Emoji Company GmbH for leave to file Motion for Leave to File an Amended Schedule A |
| 11/16/2022 | DECLARATION of Michael A. Hierl regarding motion for default judgment[61] 附件： 1:Exhibit Hierl Exhibit 1 |
| 11/16/2022 | MEMORANDUM by Emoji Company GmbH in support of motion for default judgment[61] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 11/16/2022 | 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 |
| 11/16/2022 | DECLARATION of William B. Kalbac Declaration of Service |
| 11/16/2022 | STATUS Report by Emoji Company GmbH |
| 11/08/2022 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file by 11/16/2022 a status report with an update on the status of the case and proposed next steps. |
| 09/07/2022 | NOTICE by Emoji Company GmbH Notice of Filing 附件： 1:(Amended Schedule A) |
| 09/07/2022 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 55 is granted. Defendants cutedigital and Fine Jewelry are dismissed with prejudice and each party shall bear its own attorney's fees and costs. Plaintiff is directed to file an amended Schedule A on the docket by 9/8/2022. |
| 09/01/2022 | MOTION by Plaintiff Emoji Company GmbH for leave to file Plaintiff's Motion for Leave to File an Amended Schedule A |
| 08/10/2022 | NOTICE by Emoji Company GmbH Notice of Filing 附件： 1:(Amended Schedule A) |
| 08/05/2022 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 52 is granted. Defendant Home time is hereby dismissed with prejudice and each party shall bear its own attorneys' fees and costs. Plaintiff to file the amended Schedule A on the docket by 8/10/2022. Mailed notice. |
| 08/04/2022 | MOTION by Plaintiff Emoji Company GmbH for leave to file Motion for Leave to File an Amended Schedule A |
| 07/14/2022 | NOTICE by Emoji Company GmbH Notice of Filing 附件： 1:(Amended Schedule A) |
| 07/12/2022 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 49 is granted. Defendant woolyfelt is hereby dismissed with prejudice and each party shall bear its own attorneys' fees and costs. Plaintiff to file the amended Schedule A on the docket by 7/15/2022. |
| 07/11/2022 | MOTION by Plaintiff Emoji Company GmbH for leave to file Motion for Leave to File an Amended Schedule A |
| 05/24/2022 | NOTICE by Emoji Company GmbH Notice of Filing 附件： 1:(Amended Schedule A) |
| 05/24/2022 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an Amended Schedule A 46 is granted. Defendants lanbo2017, smiletoo1977, kopertqa and lovamerica are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs. Plaintiff to file the amended Schedule A on the docket by 5/27/2022. |
| 05/23/2022 | MOTION by Plaintiff Emoji Company GmbH for leave to file Motion for Leave to File an Amended Schedule A |
| 05/04/2022 | NOTICE by Emoji Company GmbH Notice of Filing 附件： 1:(Amended Schedule A) |
| 04/29/2022 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an Amended Schedule A 43 is granted. Yiwu Cherry Import & Export Co., Ltd., Dongguan Mingxi Hardware Accessories Co., Ltd., Dongguan Yourun Toys Ltd., Guangzhou Kufeng Electronic Technology Co., Ltd., Shanghai Rongxin Garment Accessories Co., Ltd., Yiwu Aoyin Trade Co., Ltd., Yiwu Zilin Jewelry Co., Ltd., Baby Fun, maoronens, Cumquatjia, H11, and H4, H6- Accessories are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs. Plaintiff to file the amended Schedule A on the docket by 5/4/2022. |
| 04/28/2022 | MOTION by Plaintiff Emoji Company GmbH for leave to file Motion for Leave to File an Amended Schedule A |
| 03/30/2022 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 41 is granted. Accessories, Creative trib, Dake Jewelry, Forbabies, Moonbiffy-Baby, Office Living, PEISI BAKING, Pleasurable, Qihe Jewelry, SFGWIFOUR 17, Wilicosh Factory Wholesale, Yiwu Jinman Jewelry Co., Ltd., aki, anil-turge, baidsxy11, chenjianqing2018, chenting2018, chenya_2391, coffeecup-1, cosplaymix2011, cosst57, dailyfreshnew, fast-station, fhpu5407, flowersshiny123, goodsforyou555, green2020de, huanshop2015, imixcity, jaipurdiamondjewels, kefeng, kprepublic, la-na-time-shop, lijiansa-11, luo1017, magicbulbs, maiduo, maoronens, redus123, sigv7135, top1toy, zclhp, zifashop2015, 24karat2019 and 5hk3765 are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs. |
| 03/29/2022 | MOTION by Plaintiff Emoji Company GmbH for leave to file Motion for Leave to File an Amended Schedule A |
| 03/25/2022 | NEW PARTIES: Forbabies, H11, H4, H6- Accessories, Hahally, Home time, imixcity, Kara, KEEP JOY, kefeng, Lost Lady, Moonbiffy-Baby, Office Living, Openbeauty Fashions, PEISI BAKING, Pleasurable, Qihe Jewelry, Rainbow Kitchen, redboard, SFGWIFOUR 17, Toys Toys, Wilicosh Factory Wholesale and Wonderful toys added to case caption. |
| 03/25/2022 | NEW PARTIES: PrintPhoneCase Store, Shanghai Rongxin Garment Accessories Co., Ltd., Shenzhen Aocheng Electric Appliance Co., Ltd., Shop4822032 Store, Shop4822032 Store, Shop910756037 Store, Shop910839002 Store, Shop910851026 Store, Shop911253408 Store, Shop911421372 Store, Shop911544194 Store, Shop911599394 Store, Splendid Thing Store, SY10101 Store, Tammy Jewellery Store, TELAOTE Art Store, toy friends Store, WGTD 21 Adult Store, Wuxi Yongya Import And Export Co., Ltd., Wuzhou One And One E Commerce Co., Ltd., Wuzhou Shengtang Gems Co., Ltd., Xiamen Bonya Toys Co., Ltd., Yiwu Aoyin Trade Co., Ltd., Yiwu Jinman Jewelry Co., Ltd., Yiwu Zilin Jewelry Co., Ltd., YOLONLY Store, Yooly toy Store, Yzommjsy Store, ZeWa Tops Store, Zhaoqing City Tradehan Promotional Gifts Co., Ltd., Zhejiang Feipai Imp & Exp Co., Ltd., urchin945, usbcworld, windrunnerjacket, wowcool1127, xiaowei1988, xugang284122819, ycxhtc17, yefen, yzy168, 0615zw, Accessories, aki, Baby Fun, Bear Home Convenience, Buy 2019, Car,motorcycle,accessories1, Creative trib, Cumquatjia, Dake Jewelry and Fine Jewelry added to case caption. |
| 03/25/2022 | NEW PARTIES: savinmart_lk, shasmadu_52, shork_store, sigv7135, smartm_72, someth-56, st830409, sukulat-85, sulalivwije-0, techsliders, thesmartlif-30, the_seller10_0, th_3213, top1toy, udeshikaup, ulsti-0, wemakeitx_6, wensi05, woolyfelt, yangxiaojd22, yibaisheng, yicihai_49, zifashop2015, zxb6565, ArwenUndomi Official Store, Bazinga Store, ColorfulPhoneCase Store, Daily necessities experience Store, Dongguan City Dreamland Commodity Technology Co., Ltd., Dongguan Join Success Toy & Gift Co., Ltd., Dongguan Mingxi Hardware Accessories Co., Ltd., Dongguan Yourun Toys Ltd., Farraw Store, ForKid Store, GENGBIN Store, Glamor stickers Store, Guangzhou Hengsen International Trade Co., Ltd., Guangzhou Kufeng Electronic Technology Co., Ltd., hanfei0038 Store, HeTianXia Store, HEXZE Official Store, Hi toy store Store, High Quality Life-XX Store, HuuaLeoQin Store, Lights-up Store, MengHuan Wall Art Store, Mygaming Store, MengHuan Wall Art Store, Our Holiday Store, PABU UPDOWN Store and Pete Nail Store added to case caption. |
| 03/25/2022 | NEW PARTIES: green2020de, harshlk-qv46z2wks, harsmake, honest-merchant27, huanshop2015, jaipurdiamondjewels, kasun.storezone, kopertqa, kprepublic, kumara2167, la-na-time-shop, lovamerica, loveyourself13, luo1017, maiduo, mihil_store_12, mrs.beauty-mr.handsome, nadee_6341, niubang, pink_la_rosa, qddy4u, quality-globalmart, rifayi0, sandys_place_10 and sas_534 added to case caption. |
| 03/25/2022 | ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 3/25/2022: Mailed notice |
| 03/25/2022 | NEW PARTIES: *thewitch*, 2019_2020, 24karat2019, abbeele, abesirikal0, anato.shop, aps_eenterprise, asqmart, autoparts166, ayeshma74, bestmadeo_0, blackkingkong, buygoogle, cast-crafts-jewels, chamadu_83, charitweeraseker_0, chenjianqing2018, chenting2018, chenya_2391, cleve922, coffeecup-1, cosst57, csf_us, cutedigital, dailyfreshnew, de7easy, decoyourbeautylife, demon33-3, dream_fashion_9, eam7up, edwd_69, egdineshs, ep.asia, fast-station, fastoper_1, feji_2061, fengji12, fhpu5407, forrmirato and georing26 added to case caption. |
| 03/25/2022 | NEW PARTIES: 5hk3765, anil-turge, baidsxy11, cosplaymix2011, ezraveli1234567, flowersshiny123, goodsforyou555, lanbo2017, lijiansa-11, magicbulbs, maoronens, radton.liga, redus123, smiletoo1977, ukp2526, wl199210121, yezideng0223, zclhp, zhoushuang198940, Dongguan Joy Sum Toys Manufacturing Co.,ltd., Guangzhou Lixin Packing & Printing Co., Ltd., Guangzhou Weishili Jewelry Co., Ltd., Henan Jie Ande Smart Home Co., Ltd., Luyingsha Art Design (beijing) Co., Ltd., Qingdao Raymond Sports Equipment Co., Ltd., Shenzhen Boyizhan Paper Products Co., Ltd., Shenzhen Vastup Co., Limited, Shenzhen Wellflyer Technology Co., Ltd., Timely Textile Company Limited, Xiamen Huli Haimingte Stationery Store, Xiamen King Height Electronic Co., Ltd., Yiwu Cherry Import & Export Co., Ltd., Yiwu Silversmith Jewelry Co., Ltd., Yiwu Tangao E-Commerce Firm and Yiwu Wencheng Jewelry Co.,Ltd added to case caption. |
| 03/25/2022 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 3/25/2022: |
| 03/25/2022 | MINUTE entry before the Honorable Martha M. Pacold: No defendant has filed an appearance to object to the entry of a preliminary injunction. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction 32 is granted. Enter Preliminary Injunction. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. |
| 02/22/2022 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve all defendants with this notice. The court has taken the motion for preliminary injunction 32 under advisement and will consider the motion unopposed if no defendant appears and objects by 3/15/2022. |
| 02/22/2022 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve all defendants with this notice. The court has taken the motion for preliminary injunction 32 under advisement and will consider the motion unopposed if no defendant appears and objects by 3/15/2022. |
| 02/18/2022 | 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 2/18/2022, answer due 3/11/2022. |
| 02/18/2022 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 02/17/2022 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 32 |
| 02/17/2022 | MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction 32 |
| 02/17/2022 | MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 02/08/2022 | SURETY BOND in the amount of $ 10,000.00 posted by Emoji Company GmbH. |
| 02/02/2022 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 2/2/2022: |
| 02/02/2022 | MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal 6, for leave to file excess pages 8, and for a temporary restraining order, including a temporary injunction, a temporary transfer of the defendant domain names, a temporary asset restraint, expedited discovery, and electronic service of process 9 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 genuinely intends to 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. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. |
| 02/01/2022 | RESPONSE by Plaintiff Emoji Company GmbH Plaintiff's Response to Rule to Show Cause |
| 01/31/2022 | MINUTE entry before the Honorable Martha M. Pacold: On 10/18/2021, the court directed plaintiff to submit a proposed order that conforms to this court's Schedule A procedures to the court's proposed order inbox 26. No activity has happened in this case since 10/18/2021. Plaintiff is ordered to show cause by 2/7/2022 why this case should not be dismissed for want of prosecution. |
| 10/18/2021 | MINUTE entry before the Honorable Martha M. Pacold: The court has received and takes under advisement plaintiff's motions to file under seal 6, to exceed page limitation 8, and for a temporary restraining order 9. Plaintiff is directed to submit a proposed order that conforms to this court's Schedule A procedures to the court's proposed order inbox. |
| 10/15/2021 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 10/15/2021 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
| 10/14/2021 | NOTICE of Claims Involving Trademarks by Emoji Company GmbH Docket Text Modified by Clerk's Office on 10/15/2021. |
| 10/14/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 12 of Reiter Declaration |
| 10/14/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 11 of Reiter Declaration |
| 10/14/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 10 of Reiter Declaration |
| 10/14/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 9 of Reiter Declaration |
| 10/14/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 8 of Reiter Declaration |
| 10/14/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 7 of Reiter Declaration |
| 10/14/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 6 of Reiter Declaration |
| 10/14/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 5 of Reiter Declaration |
| 10/14/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 4 of Reiter Declaration |
| 10/14/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 3 of Reiter Declaration |
| 10/14/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 2 of Reiter Declaration |
| 10/14/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 1 of Reiter Declaration |
| 10/14/2021 | 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) |
| 10/14/2021 | 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 |
| 10/14/2021 | MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 10/14/2021 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. |
| 10/14/2021 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Sealed Schedule A |
| 10/14/2021 | MOTION by Plaintiff Emoji Company GmbH to seal document Plaintiff's Motion for Leave to File Under Seal |
| 10/14/2021 | ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Robert Payton Mcmurray |
| 10/14/2021 | ATTORNEY Appearance for Plaintiff Emoji Company GmbH by William Benjamin Kalbac |
| 10/14/2021 | ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Michael A. Hierl |
| 10/14/2021 | CIVIL Cover Sheet |
| 10/14/2021 | COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 402, receipt number 0752-18766463. 附件： 1:(Exhibit 1) |
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