最近更新：2024-12-25
2021-cv-01272
| 日期 | 描述 |
|---|---|
| 11/30/2023 | FULL SATISFACTION of Judgment regarding order[43] in the amount of $100,000 as to certain defendant |
| 08/06/2021 | NOTICE of withdrawal of bond 28 by John Summerfield. |
| 06/30/2021 | MAILED Trademark report with certified copy of order dated 6/29/2021 to Patent Trademark Office, Alexandria, VA. |
| 06/29/2021 | FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 6/29/2021. Mailed notice |
| 06/29/2021 | ORDER signed by the Honorable John F. Kness on 6/29/2021. Enter Final Judgment Order. Civil case terminated. Mailed notice |
| 06/14/2021 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 38 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 06/21/2021. 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 two business days of its entry on the docket. Mailed notice (ma,) |
| 06/11/2021 | NOTICE by Herschel Supply Company Ltd. re MOTION by Plaintiff Herschel Supply Company Ltd. for entry of default as to all DefendantsMOTION by Plaintiff Herschel Supply Company Ltd. for default judgment as to all Defendants 38 |
| 06/11/2021 | MEMORANDUM by Herschel Supply Company Ltd. in support of motion for entry of default, motion for default judgment 38 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 |
| 06/11/2021 | MOTION by Plaintiff Herschel Supply Company Ltd. for entry of default as to all Defendants, MOTION by Plaintiff Herschel Supply Company Ltd. for default judgment as to all Defendants |
| 06/11/2021 | NOTICE of Voluntary Dismissal by Herschel Supply Company Ltd. as to certain defendants |
| 05/19/2021 | NEW PARTIES: 1979 SK8ER Sporting Goods Store, YUMMYCOOK Store, Bag sea & Shoe box Store, Shop1396430 Store, EasyBag Store, Another boxer Store, mihawk Official Store, chaussures Store, High Quality Men and Women Bags Store, Travel Things Store, ChanLynn Store, AMAZGOODS Store, LXHYSJ LXHYSJ Store, xiebao Store, Jarilo Store, Leeshow Bag Store, My SweetHome Decor Store, Shop4692044 Store, dengxihe Store, Outdoor Pro Store, LK-Shopping Store, Shop4993139 Store, Recreational movement Store, ALUEATOM BAG Store, YYSports Store, Yitime Outdoor Store, PULADY Store, NUODA Store, Unlimited OutdoorSports Store, Shop5118069 Store, Destello MenBags Store, Shop5257202 Store, BinBing Bag Store, Various Bags Store, AoluHeng Official Store, Shop5382103 Store, AoluHeng GeoWise Store, Shop5420103 Store, Cheap Swimwear Store, YinJue Bag & Backpack Factory Store, CFBIEBAO Store, Bag Guy Store, Shop5547001 Store, Outdoor Travel Store, MissYe Bag Store, DGU bags Store, Shop5627014 Store, Shop5637296 Store, New idea Store, newposs Official Store, 520shop Store, Hey! Trend Store, Shop5890792 Store, VEDO Store, Shop5974464 Store, Godspeed Official Store, Weysfor Voguee Store, Fhrubvui Camping Store, Successful bag Store, Auro Store and richardobyrne.com added to case caption. |
| 05/17/2021 | PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 5/17/2021. Mailed notice |
| 05/17/2021 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [30] is granted. 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 [33] 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, despite the Court having provided [34] the opportunity to do, no Defendant has objected to the motion for a preliminary injunction. 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. The Clerk is requested to unseal any previously-sealed documents. Mailed notice |
| 05/06/2021 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 30 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all Defendants with the following statement: The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 5/11/2021. For the reasons stated in the Court's orders entering and extending the TRO, as well as in Plaintiff's earlier motion 25 to extend the TRO, the TRO is further extended to and including the date upon which the Court adjudicates the motion for a 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 |
| 05/05/2021 | SUMMONS Returned Executed by Herschel Supply Company Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 5/5/2021, answer due 5/26/2021. 附件： 1:Declaration of Thomas J. Juettner |
| 05/05/2021 | NOTICE by Herschel Supply Company Ltd. re MOTION by Plaintiff Herschel Supply Company Ltd. for preliminary injunction [30] |
| 05/05/2021 | MEMORANDUM by Herschel Supply Company Ltd. in support of motion for preliminary injunction[30] 附件： 1:Declaration 1 2:Exhibit 1 |
| 05/05/2021 | MOTION by Plaintiff Herschel Supply Company Ltd. for preliminary injunction |
| 05/05/2021 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 04/23/2021 | EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 4/23/2021. Mailed notice |
| 04/23/2021 | SURETY BOND in the amount of $10,000.00 posted by Herschel Supply Company Ltd. (Document not scanned) |
| 04/21/2021 | NOTICE by Herschel Supply Company Ltd. re MOTION by Plaintiff Herschel Supply Company Ltd. for extension of time of Temporary Restraining Order[25] |
| 04/21/2021 | MEMORANDUM by Herschel Supply Company Ltd. in support of extension of time[25] 附件： 1:Declaration of Justin R. Gaudio |
| 04/21/2021 | MOTION by Plaintiff Herschel Supply Company Ltd. for extension of time of Temporary Restraining Order |
| 04/12/2021 | SEALED ORDER. Signed by the Honorable John F. Kness on 4/12/2021. Mailed notice |
| 04/12/2021 | MINUTE entry before the Honorable John F. Kness: Plaintiff's ex parte motion for a temporary restraining order 12 and motion for electronic service of process 17 are granted in part. Plaintiff's submissions (including the Declaration of Katherine Jamieson 15, paragraphs 26-31, and the Declaration of Justin R. Gaudio 14, paragraphs 5-11) 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, the Court granted 11 Plaintiff leave to file under seal the documents identified in the motion to seal and appearing at docket entries 2 and 16. 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 accounting. In addition, the Court finds 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 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. 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 revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice |
| 03/11/2021 | Notice of Claims Involving Trademarks by Herschel Supply Company Ltd. |
| 03/11/2021 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Herschel Supply Company Ltd. |
| 03/11/2021 | NOTICE by Herschel Supply Company Ltd. re MOTION by Plaintiff Herschel Supply Company Ltd. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 12, MOTION by Plaintiff Herschel Supply Company Ltd. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 17 |
| 03/11/2021 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18 附件： 1:Exhibit 1 2:Exhibit 2 |
| 03/11/2021 | MEMORANDUM by Herschel Supply Company Ltd. in support of motion for miscellaneous relief 17 |
| 03/11/2021 | MOTION by Plaintiff Herschel Supply Company Ltd. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 03/11/2021 | SEALED EXHIBIT by Plaintiff Herschel Supply Company Ltd. Exhibit 5 - Parts 1-5 regarding declaration 15 附件： 1:Exhibit 5-1 2:Exhibit 5-2 3:Exhibit 5-3 4:Exhibit 5-4 5:Exhibit 5-5 |
| 03/11/2021 | DECLARATION of Katherine Jamieson regarding memorandum in support of motion 13 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
| 03/11/2021 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 13 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
| 03/11/2021 | MEMORANDUM by Herschel Supply Company Ltd. in support of motion for temporary restraining order 12 |
| 03/11/2021 | MOTION by Plaintiff Herschel Supply Company Ltd. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 03/10/2021 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion for leave to file under seal [3] is granted. Mailed notice |
| 03/09/2021 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 03/09/2021 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
| 03/08/2021 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. |
| 03/05/2021 | ATTORNEY Appearance for Plaintiff Herschel Supply Company Ltd. by Thomas Joseph Juettner |
| 03/05/2021 | ATTORNEY Appearance for Plaintiff Herschel Supply Company Ltd. by Jake Michael Christensen |
| 03/05/2021 | ATTORNEY Appearance for Plaintiff Herschel Supply Company Ltd. by Amy Crout Ziegler |
| 03/05/2021 | ATTORNEY Appearance for Plaintiff Herschel Supply Company Ltd. by Justin R. Gaudio |
| 03/05/2021 | CIVIL Cover Sheet |
| 03/05/2021 | MOTION by Plaintiff Herschel Supply Company Ltd. for leave to file under seal |
| 03/05/2021 | SEALED EXHIBIT by Plaintiff Herschel Supply Company Ltd. Schedule A regarding complaint 1 |
| 03/05/2021 | COMPLAINT filed by Herschel Supply Company Ltd.; Filing fee $ 402, receipt number 0752-17995606. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
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