最近更新：2024-12-25
2021-cv-05237
| 日期 | 描述 |
|---|---|
| 04/19/2022 | MAILED out the ten thousand dollars ($10,000) surety bond posted by Plaintiff Gavin Evans via Certified Mail Receipt Article Number: 7021 1970 0001 3330 0366. |
| 04/15/2022 | FINAL DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 4/15/2022. Mailed notice. |
| 04/15/2022 | MINUTE entry before the Honorable Martha M. Pacold: In the court's 3/11/22 minute entry 54, it gave all defendants until 4/1/22 to object to plaintiff's motion for entry of default and default judgment 51. The court grants plaintiff's motion 51 for entry of default and default judgment against all defendants identified on Schedule A attached to the court's order. 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 as set forth in the Final Judgment Order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its mark causes it irreparable harm in the form of consumer confusion, loss of customers' goodwill, and reputational harm; 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 an injunction. The ten thousand dollar ($10,000) bond posted by plaintiff, including any interest, minus the registry fee, is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $10,000 bond previously deposited with the Clerk of the Court to plaintiff's counsel, Ann Marie Sullivan, AM Sullivan Law, LLC, 1440 W. Taylor St. #515, Chicago, IL, 60607, via certified mail. Enter Order. Civil case terminated. Mailed notice. |
| 03/17/2022 | EXHIBIT by Plaintiff Gavin Evans, an Individual Amended Schedule A (Sullivan, Ann Marie) |
| 03/11/2022 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint 50 is granted. Plaintiff is directed to file an amended Schedule A on the docket by 3/17/2022. NiftyHomePrints, WorldBizGroup, pu tian de neng mao yi you xian gong si, pu tian sai ju mao yi you xian gong si, CraftWatches and Epikkanvas terminated. Additionally, plaintiff has moved for entry of default and default judgment 51. Any defendant wishing to appear and object to plaintiff's motion 51 shall file an objection by 4/1/2022. Plaintiff shall serve defendants with this notice. |
| 03/10/2022 | STATUS Report by Gavin Evans, an Individual |
| 03/10/2022 | MEMORANDUM by Gavin Evans, an Individual in support of motion for entry of default, motion for default judgment, 51 附件： 1:(Declaration of Ann Marie Sullivan) |
| 03/10/2022 | MOTION by Plaintiff Gavin Evans, an Individual for entry of default as to all remaining Defendants, MOTION by Plaintiff Gavin Evans, an Individual for default judgment as to all remaining Defendants 附件： 1:(Exhibit 1 - Amended Schedule A) |
| 03/10/2022 | MOTION by Plaintiff Gavin Evans, an Individual to amend/correct Schedule A |
| 03/03/2022 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file a status report by 3/10/2022 informing the court of the status of the case. |
| 02/08/2022 | EXHIBIT by Plaintiff Gavin Evans, an Individual Amended Schedule A |
| 02/04/2022 | MINUTE entry before the Honorable Martha M. Pacold: Defendant dittopics counterclaim 40 against plaintiff is dismissed pursuant to Rule 41(c). Plaintiff is directed to file an amended schedule A form on the docket by 2/9/2022. |
| 02/03/2022 | NOTICE of Dismissal by dittopics. (Proof of delivery) |
| 01/27/2022 | STATUS Report by Gavin Evans, an Individual |
| 01/21/2022 | MINUTE entry before the Honorable Martha M. Pacold: The court has received defendant Pingooprints' notice of voluntary dismissal of its counterclaim against plaintiff. 42. Pingooprint's counterclaim 27 against plaintiff is dismissed pursuant to Rule 41(c). Separately, defendant dittopics has filed an answer 40. That answer notes that dittopics reached out to plaintiff's counsel on 11/12/2021 asking to be dismissed from this action. Dittopics has now also filed a counterclaim against plaintiff. Plaintiff and Dittopics are ordered to file a joint status report by 1/27/2022 informing the court how they plan to proceed with this case. |
| 01/14/2022 | NOTICE of Dismissal by Pingooprints |
| 01/14/2022 | NOTICE of Dismissal by Pingooprints |
| 01/13/2022 | EXHIBIT by Plaintiff Gavin Evans, an Individual Second Amended Schedule A |
| 01/10/2022 | ANSWER to amended complaint by dittopics. |
| 01/07/2022 | MINUTE entry before the Honorable Martha M. Pacold: On 12/17/2021, this court ordered plaintiff and defendant no. 62 to file a joint status report by 1/6/2022 updating the court on the parties' settlement efforts unless plaintiff filed a motion for leave to amend the complaint removing defendant no. 62 from this action and defendant no. 62 files a voluntary dismissal of its counterclaim pursuant to Rule 41(c) before that date. On 1/5/2022, the plaintiff emailed this court stating that the parties had executed a settlement agreement and attached a document signed by defendant no. 62's agent titled "Notice of Dismissal" stating that defendant no. 62 voluntarily dismisses its counterclaim against plaintiff pursuant to Federal Rule of Civil Procedure 41. Plaintiff communicated to the court that defendant no. 62 only sent this to plaintiff and may not understand how to file documents with this court. It is incumbent upon defendant no. 62 to file this notice of dismissal with the court and cannot rely on plaintiff to file the document for it. If defendant no. 62 seeks to voluntarily dismiss his counterclaim, defendant no. 62 is directed to file its notice on the docket by 1/20/2022 using the same procedures defendant no. 62 used to file its answer with this court. 27. Additionally, plaintiff's motion to amend the pleadings pursuant to Rule 15(a)(2) to remove defendants no. 18, 62, 69, 81, 110, 111, 112, 119, 123 from this action 38 is granted. Plaintiff is directed to file an amended Schedule A form on the docket by 1/13/2022. |
| 01/05/2022 | MOTION by Plaintiff Gavin Evans, an Individual to amend/correct the Schedule A to the Complaint |
| 12/17/2021 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the joint status report updating the court on plaintiff's settlement efforts with defendant no. 62 who has appeared and filed a counterclaim against defendant. 36. The report states that the parties are working on finalizing a settlement agreement and that they anticipate executing the agreement within the next two weeks. The parties are directed to file an updated status report by 1/6/2022 updating the court on whether the parties have executed a settlement agreement unless plaintiff files a motion for leave to amend the complaint removing defendant no. 62 from this action and defendant no. 62 files a voluntary dismissal of its counterclaim pursuant to Rule 41(c) before that date. |
| 12/16/2021 | STATUS Report by Gavin Evans, an Individual |
| 12/15/2021 | EXHIBIT by Plaintiff Gavin Evans, an Individual Amended Schedule A |
| 12/09/2021 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notices of dismissal 32, 33, which seek to voluntarily dismiss defendants no. 49, 150, 54, 105, 132, 138 under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notices of voluntary dismissal 32, 33 as requests for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants no. 49, 150, 54, 105, 132, 138 from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 12/16/2021 identifying the remaining defendants. Additionally, plaintiff filed a joint status report updating this court on settlement efforts with defendant No. 62. 31. The report states that the parties agreed to a settlement agreement. The parties are directed to file an updated status report by 12/16/2021 updating the court on whether the parties have executed a settlement agreement unless plaintiff files a motion for leave to amend the complaint removing defendant no. 62 from this action and defendant no. 62 files a voluntary dismissal of its counterclaim pursuant to Rule 41(c) before that date. |
| 12/08/2021 | NOTICE of Voluntary Dismissal by Gavin Evans, an Individual of Certain Defendants |
| 12/07/2021 | NOTICE of Voluntary Dismissal by Gavin Evans, an Individual of Certain Defendants |
| 12/01/2021 | STATUS Report by Gavin Evans, an Individual |
| 11/30/2021 | NEW PARTIES: liu kang mai de hao, wuyifan DP, duo la de dian, Guo ge xiansheng de dian, Chen jin, Lingshou shang he pifa shang da mainchang chaoshi bianli dian, FALCON_TRADING, koronamsvg, ya_dima10, dongzhiguangzhineng Store, netecool Store, t shirt Store, 6cn1801, jame_zang, DavidWallArtStore, lovewallprints, PrintsbyAmandaJane, UpcycledPatentPrints, Alalanabebe, ArtsyyBear, BiWorkshop, BlueLinePrints, CraftWatches, DeckTheWallsUK, dittopics, FashionistaArtUk, JohnsofCheshire, KarePrintShop, KimPatersonArt, MysticMoonPrint, NiftyHomePrints, PenInkGraphics, PictorPrints, ShineIllustration, shoppingdirect24com, StellaMarisInc, TeeTeeUK, TheMemoryMix, WallTale, WorldBizGroup, asdavbtf123, baotianrui, berization, bhguerhguhwsyhe7oiay8weghdfbdffffg, budongmei12345, fanzhiwei fashion, free1, Fun Guy, Haozhilang, Jielisong, kdfksd, lijiahui200252, Linqing, liyinx, mai huong, menxuny, missniya, nathanjunglestore, PaixialuchendX, PBE34A418, RickyLDStore, sahmensj, Teesbigbigworld, VirginiaRorygKcWhT, wunschinocencia, xiangwuzhang, xuguofen257 and Zhangxiaoyong123 added to case caption. |
| 11/30/2021 | NEW PARTIES: David Bowie Store, ForeverStar officieel Store, Laam Zong Store, LazySorry Funny Store, A YUE Store, AliExpress 123.123 Store, ARTBACK Sweet-Family Store, Atoz Cushion Store, Girl Yan Store, HI IDOSTAR Store, High-Quality Diamond-Painting Store, Ibel Painting Store, Morn Store, Nuojie Store, Painting With Diamonds Store, Paramount Store, pl4 Store, QIZITENG Direct sales Store, Shop4217035 Store, TrulyLazy Funny Store, WarmHouse Store, YI Boutiques Store, Yixing digital Store, Yunyao Factory 2 Store, Yunyao Factory Store, A Firefly, ABC-CBA, aixingyishu, Alazhumin's shop, ANDAOYISHU, Beautiful Decoration Poster, botemaoyi, caijinhuashop, liqunmeishuguang, chenjingdedianpu, chenyipinglingshidian, daijinpengdedian, DeLinKeJi, DONGLIANYA, dongyandida, enshizhoudoudouwashangmaoyouxiangongsi, Epikkanvas, fengyuanshanhang, FINDEMO_L_ART, gaomishimayaaibaihuolingshoudian, GuShanshan Art, HEHEMAYMY, hongyimeishuguan, JESCOM GROUP, Jianhe Tide Brand, jiayixu88, jinjinmeishuguan, LEOOOLUKKIN STORE, Lilarama USA, linxiaokangshop, LINXIAST, Lir store, longhuawushunmingfangzhipinshanghang, lyxjbw, Nanquan mother, Poster base, Poster fashion painting, Poster Junior, pu tian de neng mao yi you xian gong si, pu tian sai ju mao yi you xian gong si, qiangqiangmeishuguan, Qigong Air Ticketing Co., Ltd., qinyiweibaihuodian, RunTure, sdgsgssrfd-us, shanghaishibaoshanqujiajichongwuyongpingdian, shenchoushibaoanqushuenmaoyishangxing, SoRa Art Inn, linshangongyipinjingyingbu, Soroja, Super Poster House, superartInn, SUTINGYART, tuolianmaoyi2, Viving Wall Art, weiwuart, XCMX, xianyoumingfamaoyiyouxiangongsi, xianyouxianbagumaoyiyouxiangongsi, xianyouxianduweichenqingliangzhuangshipinshangxing, xianyouxianlinanpuxiandiandongchepeijianpifadian, xianyouxianlonghuazhuzhenbaihuolingshouchaoshi, xianyouxinbenmaoyiyouxiangongsi, Xiaodede shop, XinLuoQuXuanYiDuanBaiHuoDian, xuchangzezhaoshangmaoyouxiangongsi, yatongshanghang, yingxing art, yinxiangmulan, youxixiantianxixishangmaobu, Yueyu Trading Company (US), zhangjianxian and zhaohuiijuanmaoyi added to case caption. Terminating The Partnerships and Unincorporated Associations Identified on Schedule A |
| 11/24/2021 | ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 11/24/2021. Mailed notice |
| 11/24/2021 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 11/24/2021: |
| 11/24/2021 | MINUTE entry before the Honorable Martha M. Pacold: Other than defendant No. 62, Pingooprints, no defendant has filed an appearance to object to plaintiff's motion for entry of a preliminary injunction 23. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction 23 is granted with respect to the defendants identified on the Schedule A except for defendant No. 62 Pingooprints. Enter Preliminary Injunction. Plaintiff's counsel is directed to add all defendants listed on Schedule A and defendant No. 62 Pingooprints 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. Additionally, defendant Pingooprints has filed an answer to plaintiff's complaint and has asserted a counterclaim. 27. Plaintiff and defendant Pingooprints are directed to file a joint status report with this court by 12/1/2021 informing the court of how they plan to proceed with this case. |
| 11/12/2021 | DEFENDANT'S ANSWER by Pingooprints (Exhibits) |
| 11/04/2021 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve defendants with this notice. The court has taken the motion for preliminary injunction 23 under advisement and will consider the motion unopposed if no defendant appears and objects by 11/18/2021. |
| 11/02/2021 | SUMMONS Returned Executed by Gavin Evans, an Individual as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/2/2021, answer due 11/23/2021. 附件： 1:Declaration of Service |
| 11/02/2021 | MEMORANDUM by Gavin Evans, an Individual in support of motion for preliminary injunction 23 附件： 1:Declaration in Support of Memorandum |
| 11/02/2021 | MOTION by Plaintiff Gavin Evans, an Individual for preliminary injunction |
| 10/22/2021 | SEALED EXTENSION OF THE TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 10/22/2021: |
| 10/22/2021 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 20 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO 18 entered on 10/8/2021 is extended until 11/5/2021. |
| 10/19/2021 | SEALED MOTION by Plaintiff Gavin Evans, an Individual to Extend the Temporary Restraining Order 附件： 1:Supplement Memorandum in Support 2:Declaration in Support of Memo |
| 10/15/2021 | SURETY BOND in the amount of $ 10,000 posted by Gavin Evans, as Principal, and NGM Insurance Company, as Surety. |
| 10/13/2021 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 10/08/2021 | SEALED Temporary Restraining Order: Signed by the Honorable Martha M. Pacold on 10/8/2021. |
| 10/08/2021 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff having complied with this court's order 15, plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, electronic service of process, and expedited discovery 9 is 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, but at this preliminary stage, 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 timely 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. |
| 10/07/2021 | AMENDED complaint by Gavin Evans, an Individual against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:Exhibit 1 |
| 10/07/2021 | NEW PARTIES: Gavin Evans, an Individual added to case caption. Terminating XYZ Corporation |
| 10/07/2021 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal 6 is granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested temporary restraining order, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Conversely, there are no exceptional circumstances that would justify allowing plaintiff to conceal its own identity. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the court to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 37677 (7th Cir. 2016). Accordingly, Plaintiff must file an amended complaint disclosing its name and asserted copyrights. As to plaintiff's motion for an ex parte TRO 9, plaintiff is directed to this court's procedures for Schedule A cases on the court's website at https://www.ilnd.uscourts.gov/judge-info.aspx?tdDC7jWNEcPS6Px28PZuWg==. Plaintiff is required to resubmit its proposed TRO order to this court's proposed orders inbox following the procedures on the website. Plaintiff's motion for electronic service of process 12 is granted. Mailed notice |
| 10/05/2021 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 10/05/2021 | MEMORANDUM by XYZ Corporation in support of motion for miscellaneous relief 12 附件： 1:Declaration in Support of Motion 2:Exhibit 1-4 |
| 10/05/2021 | MOTION by Plaintiff XYZ Corporation for Electronic Service of Process |
| 10/05/2021 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 10/05/2021 | SEALED DOCUMENT by Plaintiff XYZ Corporation Memorandum in Support of Motion for Temporary Restraining Order 附件： 1:Declaration in Support of Motion 2:Exhibit 1 3:Exhibit 2 - Part One 4:Exhibit 2 - Part Two |
| 10/05/2021 | SEALED MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order |
| 10/04/2021 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. |
| 10/04/2021 | SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint 附件： 1:Exhibit 1 2:Exhibit 2 - Schedule A |
| 10/04/2021 | MEMORANDUM by XYZ Corporation in support of motion for leave to file, motion for miscellaneous relief 6 附件： 1:Declaration in Support of Motion 2:Exhibit 1-7 |
| 10/04/2021 | MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal, MOTION by Plaintiff XYZ Corporation to Temporarily Proceed Under a Pseudonym |
| 10/04/2021 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Sofia Quezada |
| 10/04/2021 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
| 10/04/2021 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison Carter |
| 10/04/2021 | CIVIL Cover Sheet |
| 10/04/2021 | COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 402, receipt number 0752-18735059. 附件： 1:Exhibit 1 (Redacted) 2:Exhibit 2 - Schedule A (Redacted) |
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