最近更新：2024-12-25
2021-cv-05890
| 日期 | 描述 |
|---|---|
| 06/28/2023 | SATISFACTION of Judgment |
| 12/07/2022 | SATISFACTION of Judgment |
| 09/23/2022 | SATISFACTION of Judgment |
| 07/12/2022 | 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 ofdefault judgment. Accordingly, the motion (Dkt. 49) 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 and the transfer of domain names is warranted. The infringement of Plaintiff's marks and copyrights irreparably harms Plaintiff andconfuses 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. |
| 05/18/2022 | CERTIFICATE of Service by William Benjamin Kalbac on behalf of Grumpy Cat Limited |
| 05/17/2022 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 49 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 5/27/2022. 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 |
| 05/12/2022 | DECLARATION of Michael A. Hierl regarding motion for default judgment 49 附件： 1:(Exhibit Hierl Exhibit 1) |
| 05/12/2022 | MEMORANDUM by Grumpy Cat Limited in support of motion for default judgment 49 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 05/12/2022 | MOTION by Plaintiff Grumpy Cat Limited for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A |
| 05/12/2022 | DECLARATION of Robert P. McMurray Declaration of Service |
| 04/20/2022 | NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 186 |
| 04/04/2022 | NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 03/24/2022 | NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 03/14/2022 | NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 118 |
| 02/22/2022 | NEW PARTIES: Ruihangjia Textile Store, RuiTing01 Store, RUOPOTY Diamonds Painting Store, RZN Official Store, Safety Tech Store, Saily Garcia Official Store, Sang Yuk Store, SCOCICI Official Store, Sconedia Art Printing Store, Seawave Textile, sedno Store, Selina Store, SEME Store, SevenFive Store, ShasKi Store, ShenZhen Drop Shipping 2 Store, Shenzhen LXL Mobile phone accessories shop Store, shinehope Official Store, Shi-Qin2 Store, Shirtless Store, shop0726 Store, Shop1047289 Store, Shop1504872 Store, Shop1709891 Store, Shop2339386 Store, Shop2397041 Store, shop2498641987 Store, Shop2633040 Store, Shop2964109 Store, Shop3213065 Store, Shop3481043 Store, Shop3865031 Store, Shop3895013 Store, Shop3984015 Store, Shop3984030 Store, Shop4186014 Store, Shop4217035 Store, Shop4285028 Store, Shop4310036 Store, Shop4406090 Store, Shop4416120 Store, Shop4428218 Store, Shop4496050 Store, Shop4593019 Store, Shop4631012 Store, Shop4659091 Store and TINMASTER Store added to case caption. |
| 02/22/2022 | NEW PARTIES: Personality Painting Store, Phone Accessories LY-01 Store, PhoneCaseDiy Store, piaoliang shou ji ke Store, Ping1988 Store, PinkWorld Store, pku Store, pku 3 Store, pleiesuom coooool Store, PLstar Cosmos Official Store, Prime-Day Store, PRINCESS TREND Store, print 05 Store, Print Clothes Factory Store, Print Pajamas Store, printing children s clothes Store, PrintToday Funny Store, Proaa N13 Store, Proaa N2 Store, Professional Art Wall Painting Outlet Store, PUDO-Topwholesale Store, Pumelo tree, QCIV Good Store, QIFU Happi Store, qingxiudedian Store, qingzi03 Store, qlovql Childlike Store, QWEEK Official Store, QWESunhanny Store, R8 Global Dropshipping Store, RABBIT STORE Store, Rao shop Store, ReadyLazy Design Store, ReadyLazy Funny Store, Reciga Store, Redemption Store, Retro Posters Store, RFID Tech Store, RIVAS Laconic Store, RONWE Store and RTBXF Official Store added to case caption. |
| 02/22/2022 | NEW PARTIES: Miay's Kids Room Store, Mikaka Decor Store, Mimi Ali Store, mimimimimi Store, Missfashion Store, ModernTimes Store, Moge Diamond Paint XQ Store, Mong US Store, MOONCRESIN Official Store, Morn Store, Moster digital Store, Mr xuBaby Store Store, MSSugar Art Store, mvensh Official Store, My Mug Store, MyName Store, MYSKIJ1314 Store, MZSAHUANG Store, Nabi Official Store, Nannapat Official Store, New Trend Digital Store, Newling Store, NFCTop Card Store, NO 005 Store, Noger phone fitting 50 Store, Noisydesigns Customized Store, Nopersonality dropshipping Store, nopersonality workshop Store, NoveltyDIY Store, Nuova Men's Apparel Store, Obstinatcy Store, OKHOTCN Painting Store, Old Brown s Shop 005 Store, onesticker Store, oranges Store, Originality Museum Clothes Store, Our Dropship Store, Pajama shop Store, PAZAK factory Store, peng 13 Store and pengshun Store added to case caption. |
| 02/22/2022 | NEW PARTIES: Longfei digital Store, LOVE SPARK WORLD Store, lpptq Global Store, LSC Online Store, Luckycharm bags Store, luckyfriday pop clothes Store, LUCKYFRIDAYF OH BABY Store, LUCKYFRIDAYF OK I MAN Store, Luolman Textile Store, LuxuryGaP Store, LWLW Wall Decal Store, LXY5201314 Store, Lynne Store, Ma Dou Dou Store, Made Your Socks Ties Store, MaiDangDi Official Store, Mairuige computer peripheral mousepad branch Store, MaiYaCa Official Store, Make Design Store, Manuela Store, maozi Store, Maria Life Store, Marvel-CN Store, Mary's Brown Store, Masks and costumes Store, MATRESHKA DIYLOVE Store, Maxsin Fun Store, MC 004 Fashionist Store, MEETYOU BOLA Store, Meilian Headscarf Store, Memories toy Store, MENHETON ST Textile Store, MENILITHS Intimates Cloths Store, MentalHope Store, MGQLOVE Store, MI SU Store, Mi Wirelesss Earphones Store, Miaodu Art Store, MIAOTU666 Store and MIAOTU888 Store added to case caption. |
| 02/22/2022 | NEW PARTIES: Joliann Art Store, JOY hut Store, JR Painting Printing Men Store, Juese Store, Jungle Books Store, Junrun Customized Store, JWEIJIAO Beautygirl Store, JWEIJIAO Official Store, kaikai520 Store, kaishce Store, KaiTingu Official Store, KASHAFUSHI Store, Kids Clothes factroy store Store, Kids customzied print Store, Kokococo Store, KXD GlassPhoneCase Store, KXHM Tempered Glass Store, KYYZROZZZ Official Store, LACTING Store, LAUMANGO47 Store, Leisure sweater Store, liaolixia clothes Store, LIK-IN Store, LingAoE Store, Lisasa-Custom Store, Litterlogan Store, Little Fish Costume Store, liuzhu666 Store, LiZhiYang Factory Store, LODIELINKTR Official Store and Long Healthy Store added to case caption. |
| 02/22/2022 | NEW PARTIES: huaiming Store, HUANGCHEN Store, HUGSIDEA Official Store, hzoioys Official Store, Iart Painting Store, iDzn Newborn Clothes Store, IHEART GIFTS Store, ilante3 Store, INEED ARTWARE Store, INSTANTARTS Dropshipping Suppliers Store, instantarts Official Store, Iridescent Cloud Store, J&R official store, Jackshop30 Store, jadoly Online Store, JATY Store, Jayden Very Important Person Store, Jenssie Store, JFUNCY Store, jhhhhhhgggg55555 Store, Jiaxu Store, JinYong Shopping Store, JM TEEs Store, JM102 Store and JOJOK Store added to case caption. |
| 02/22/2022 | NEW PARTIES: huihuixiaopouyou Store, Leading Menstrual Panties Dropshipping Store, Luckybuy Drop Shipping Store, LUCKYFRIDAYF BABY COMEON Store, LUCKYFRIDAYF HAIGO BABY Store, Magical Anime Night Light- Store, Mr Lonely Store, Mr Xu Store, N01 Store, QinyeThree Official Store, SEVENTIN Official Store, shop35464 Store, shop354864 Store, Shop4059005 Store, HMILY Official Store, Homefwei Store, Homei Assister Store, HomelyVersal Store, HOMFUN Store, Honesty Team, Hot-Oscar Home, Househeld life Store, HouseholdSupplies Store, houselife 666 Store and HPYMRT YT1 Store added to case caption. |
| 02/22/2022 | NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 2 |
| 02/22/2022 | NEW PARTIES: huihuixiaopouyou Store, Leading Menstrual Panties Dropshipping Store, Luckybuy Drop Shipping Store, LUCKYFRIDAYF BABY COMEON Store, LUCKYFRIDAYF HAIGO BABY Store, Magical Anime Night Light- Store, Mr Lonely Store, Mr Xu Store, N01 Store, QinyeThree Official Store, SEVENTIN Official Store, shop35464 Store, shop354864 Store, Shop4059005 Store, HMILY Official Store, Homefwei Store, Homei Assister Store, HomelyVersal Store, HOMFUN Store, Honesty Team, Hot-Oscar Home, Househeld life Store, HouseholdSupplies Store, houselife 666 Store and HPYMRT YT1 Store added to case caption. |
| 02/18/2022 | PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 2/18/2022. Mailed notice |
| 02/18/2022 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 35 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 38 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 39 the opportunity to do so, no 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. Mailed notice |
| 02/07/2022 | CERTIFICATE of Service by Plaintiff Grumpy Cat Limited |
| 02/07/2022 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 35 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, 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 2/14/2022." Plaintiff must file proof of service of the Court's statement within two business days of service. Mailed notice |
| 01/28/2022 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 01/28/2022 | SUMMONS Returned Executed by Grumpy Cat Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 1/28/2022, answer due 2/18/2022. |
| 01/28/2022 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 01/24/2022 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 35 |
| 01/24/2022 | MEMORANDUM by Grumpy Cat Limited in support of motion for preliminary injunction 35 |
| 01/24/2022 | MOTION by Plaintiff Grumpy Cat Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 01/12/2022 | SURETY BOND in the amount of $10,000.00 posted by Grumpy Cat Limited (Document not scanned). |
| 01/07/2022 | ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 1/7/2022. Mailed notice |
| 01/07/2022 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 31 is granted. Enter separate order. Mailed notice |
| 01/07/2022 | MOTION by Plaintiff Grumpy Cat Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
| 12/29/2021 | SEALED Temporary Restraining Order. Signed by the Honorable John F. Kness on 12/29/2021: Mailed notice |
| 12/29/2021 | 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 for other relief 9 are granted in part. Plaintiff's submissions (including the Declaration of Bryan B. Bundesen [10-1]) 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 [11-26]. 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 |
| 11/05/2021 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
| 11/04/2021 | Notice of Claims Involving Trademarks by Grumpy Cat Limited |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 16 of Bundesen Declaration |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 15 of Bundesen Declaration |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 14 of Bundesen Declaration |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 13 of Bundesen Declaration |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited exhibit 2 part 12 of Bundesen Declaration |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 11 of Bundesen Declaration |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 10 of Bundesen Declaration |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 9 of Bundesen Declaration |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 8 of Bundesen Declaration |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 7 of Bundesen Declaration |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 6 of Bundesen Declaration |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 5 of Bundesen Declaration |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 4 of Bundesen Declaration |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 3 of Bundesen Declaration |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 2 of Bundesen Declaration |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 1 of Bundesen Declaration |
| 11/04/2021 | MEMORANDUM by Grumpy Cat Limited in support of motion for temporary restraining order, 9 附件： 1:Declaration Bundesen Declaration 2:Exhibit 1 3:Declaration Hierl Declaration 4:Exhibit Hierl Exhibit 1 5:Exhibit Hierl Exhibit 2 6:Exhibit Hierl Exhibit 3 |
| 11/04/2021 | MOTION by Plaintiff Grumpy Cat Limited 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 |
| 11/04/2021 | MOTION by Plaintiff Grumpy Cat Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 11/04/2021 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. |
| 11/04/2021 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Sealed Schedule A |
| 11/04/2021 | MOTION by Plaintiff Grumpy Cat Limited to seal document Plaintiff's Motion for Leave to File Under Seal |
| 11/04/2021 | ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Robert Payton Mcmurray |
| 11/04/2021 | ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by William Benjamin Kalbac |
| 11/04/2021 | ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Michael A. Hierl |
| 11/04/2021 | CIVIL Cover Sheet |
| 11/04/2021 | COMPLAINT filed by Grumpy Cat Limited; Jury Demand. Filing fee $ 402, receipt number 0752-18838891. 附件： 1:Exhibit 1 2:Exhibit 2 |
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