最近更新：2024-12-25
2021-cv-06917
| 日期 | 描述 |
|---|---|
| 06/30/2022 | FULL SATISFACTION of Judgment in the amount of $150,000 as to a certain Defendant |
| 05/18/2022 | FULL SATISFACTION of Judgment in the amount of $150,000 as to certain Defendants |
| 04/29/2022 | FULL SATISFACTION of Judgment in the amount of $150,000 as to Certain Defendants (Sullivan, Ann Marie) |
| 04/19/2022 | MAILED out the ten thousand dollars ($10,000) surety bond posted by Plaintiff Viacom International Inc., via Certified Mail Receipt Article Number: 7021 1970 0001 3330 0373. |
| 04/15/2022 | MINUTE entry before the Honorable John F. Kness: The ten-thousand-dollar ($10,000) surety bond posted by Viacom International Inc. is hereby released to Viacom International Inc. or its counsel, AM Sullivan Law, LLC. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Ann Marie Sullivan, AM Sullivan Law, LLC, 1440 W. Taylor St., #515, Chicago, IL 60607 via certified mail. Mailed notice |
| 04/15/2022 | FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 4/15/2022. Mailed notice |
| 04/15/2022 | ORDER signed by the Honorable John F. Kness on 4/15/2022. Enter Final Judgment Order. All pending motions are dismissed as moot. Civil case terminated. Mailed notice |
| 03/29/2022 | CERTIFICATE of Service by Plaintiff Viacom International Inc. regarding terminate deadlines and hearings, terminate motion and R&R deadlines/hearings, set motion and R&R deadlines/hearings, 37 |
| 03/29/2022 | NEW PARTIES: Amys Toy Store Store, Animation game expert Store, BabyPlan-Evan Store, Belle NiNi Toy factory Store, BestToy Store, BigStatueFigure Store, Biscuit toy Store, Black samurai Store, Bonnie fun Store, California Peach Toy Store, DisneyGO Store, DisneyHouse Store, Dreampower Store, Dropship fun toy Store, Easy-going Store, EnYu 2021 Store, Fanatictoy Store, Fireflies Toy Store, FY World Store, Happytoys Store, Jiduole Store, jkjkjkkjkj Store, Kidstoy 2015 Store, LiuLian CC Store, LOL SURPRISE! WORLD Store, lucky_w, MAGC-Figures Store, MAGCtoys Store, Minifigures-official Store, ModelToy Store, Mother - Kids Store, PokemonToys Store, REEMONDE Official Store, Ritnow Stickers Store, Shop5870636 Store, Suniss Anime Costume Store, The road to happiness Store, TLZW Figures Store, TOMY TOY Store, Toy Hobby Store, Toysmaster Store, Ty Beanie Store, Vancel Store, XIANG 1204 Store, Z-J Toy Store, batter, Bay greatly, BELOL, Carrohelens, Happ-store, Helsan, Hion Direct, huiliangtaoci, IGOR NEGRU store, IhorKohut Store, Jiuyue, leila pink lady, lianhuaxianjinzhonghuantesezaodiandian, lianhuazhiyi, LISHUMING, Lormaywilson, LOwwwlowckc, Lyra-cp, Maievicenza, Mich-Pong, NIKA PELKONEN, PinesT, Pustiniyalak, rongluchao, Scetbidosnarecason, UKmonstersSell, underZYirena, Wheland, MOM, culture, xinlele, XKJUUIL, YongEnShang, Jian Yi, 6hk666666, babuz_suppliers, joylife_word, malikprasa0, shanikprasad0, wogza-62, At first sight meeting, Big Collectors, CqEXrhuIM, Deinyeno Bags, djhfuhjnroi, gjh5hg5j, grtggf, HTJYU, lihongshenga, lishani shop, Queryour scoy, r6r6, sidueriukej, siwjsoq, skieouifioe, wolgfit, wuyuelan, Xuaerycole bags, YieuSax, Yudongpu, Yuxuefengshop and zhiwenkun added to case caption. (Sullivan, Ann Marie) |
| 03/29/2022 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 35 for entry of default and default judgment against all Defendants. First off, it does not appear that Plaintiff has complied with the Court's order 32 for Plaintiff's counsel "to ensure that all defendants listed on Schedule A are added to the docket within five business days." If Plaintiff does not, on or before 4/1/2022, either comply with this requirement or show that the Court's apprehension is mistaken, the Court will dismiss the case for failure to comply with an order. See, e.g., Ball v. City of Chicago, 2 F.3d 752, 760 (7th Cir. 1993) ("There is no 'grace period' before dismissal for failure to prosecute is permissible and no requirement of graduated sanctions, but there must be an explicit warning before the case is dismissed"). As to the motion for default, 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 4/7/2022. If no objections are filed by that date, and assuming the case has not been dismissed, 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 |
| 03/25/2022 | MEMORANDUM by Viacom International Inc. in support of motion for entry of default, motion for default judgment, 35 附件： 1:(Declaration of Alison Carter) |
| 03/25/2022 | MOTION by Plaintiff Viacom International Inc. for entry of default as to all remaining Defendants, MOTION by Plaintiff Viacom International Inc. for default judgment as to all remaining Defendants 附件： 1:(Exhibit 1 - Schedule A) |
| 03/25/2022 | NOTICE of Voluntary Dismissal by Viacom International Inc. as to certain Defendants |
| 03/21/2022 | PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 3/21/2022. Mailed notice |
| 03/21/2022 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 25 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 27 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 28 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 |
| 03/21/2022 | MINUTE entry before the Honorable John F. Kness: The minute entry at Docket 30 was entered in error and is stricken. Mailed notice |
| 03/21/2022 | ENTERED in error. Mailed notice (jfk) Docket Text Modified on 3/22/2022. |
| 03/07/2022 | CERTIFICATE of Service by Sofia Quezada on behalf of Viacom International Inc. regarding order on motion for preliminary injunction, terminate deadlines and hearings, set motion and R&R deadlines/hearings, 28 |
| 03/07/2022 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 25 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 3/14/2022." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders entering and extending the TRO, as well as in Plaintiff's earlier motion 21 22 to extend the TRO, the TRO is further extended to and including the date on 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 |
| 03/02/2022 | SUMMONS Returned Executed by Viacom International Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/2/2022, answer due 3/23/2022. 附件： 1:(Declaration of Service) |
| 03/02/2022 | MEMORANDUM by Viacom International Inc. in support of motion for preliminary injunction 25 附件： 1:(Declaration of Ann Marie Sullivan) |
| 03/02/2022 | MOTION by Plaintiff Viacom International Inc. for preliminary injunction |
| 02/18/2022 | EXTENSION OF THE TEMPORARY RESTRAINING 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: Motion for extension of time for Temporary Restraining Order 21 is granted. Enter separate order. Mailed notice |
| 02/16/2022 | MEMORANDUM by Viacom International Inc. in support of extension of time 21 for Temporary Restraining Order 附件： 1:Declaration in Support of Memorandum |
| 02/16/2022 | MOTION by Plaintiff Viacom International Inc. for extension of time |
| 02/15/2022 | SURETY BOND in the amount of $10,000.00 posted by plaintiff Viacom International Inc. (Document not scanned) |
| 02/08/2022 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 02/07/2022 | SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 2/7/2022. |
| 02/07/2022 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 17, ex parte motion for a temporary restraining order 11, and motion for electronic service of process 14 are granted in part. Plaintiff's submissions (e.g., Dkt. 12) 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 8, 11, 12, and 13. 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. 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. Plaintiff's motion 6 to file certain documents under seal and to proceed under a pseudonym is dismissed as moot in view of Plaintiff's having filed an amended, non-pseudonymous complaint(Dkt. 16). The Clerk is requested to amend the docket to reflect Plaintiff's true name ("Viacom International Inc.") as it appears on the amended complaint. Mailed notice |
| 01/25/2022 | MOTION by Plaintiff XYZ Corporation for leave to file under seal |
| 01/25/2022 | AMENDED complaint by XYZ Corporation against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:Exhibit 1 2:Exhibit 2 |
| 01/03/2022 | MEMORANDUM by XYZ Corporation in support of motion for miscellaneous relief 14 for Electronic Service of Process 附件： 1:Declaration in Support of Memorandum 2:Exhibit 1-4 |
| 01/03/2022 | MOTION by Plaintiff XYZ Corporation for Electronic Service of Process |
| 01/03/2022 | SEALED EXHIBIT by Plaintiff XYZ Corporation Exhibit 3 regarding sealed document 12 附件： 1:Exhibit 3 - Part 2 2:Exhibit 3 - Part 3 |
| 01/03/2022 | SEALED DOCUMENT by Plaintiff XYZ Corporation for Temporary Restraining Order 附件： 1:Declaration in Support of Memorandum 2:Exhibit 1 3:Exhibit 2 |
| 01/03/2022 | SEALED MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order |
| 01/03/2022 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 01/03/2022 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 12/30/2021 | CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. |
| 12/30/2021 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. |
| 12/30/2021 | SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit Schedule A)(Sullivan, Ann Marie |
| 12/30/2021 | MEMORANDUM by XYZ Corporation in support of motion for leave to file, motion for miscellaneous relief 6 附件： 1:Declaration of Ann Marie Sullivan 2:Declaration of Sandy Zhuang 3:Exhibit 1 4:Exhibit 2 5:Exhibit 3)(Sullivan, Ann Marie |
| 12/30/2021 | MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents Under Seal, MOTION by Plaintiff XYZ Corporation to Temporarily Proceed Under a Pseudonym (Sullivan, Ann Marie) |
| 12/30/2021 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison Carter |
| 12/30/2021 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Sofia Quezada |
| 12/30/2021 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
| 12/30/2021 | CIVIL Cover Sheet (Sullivan, Ann Marie) |
| 12/30/2021 | CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. |
| 12/30/2021 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. |
| 12/30/2021 | COMPLAINT and Exhibits (Redacted) filed by XYZ Corporation; Filing fee $ 402, receipt number 0752-19008274.(Sullivan, Ann Marie) |
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