2021-cv-00631 - 案件详情 - 61TRO案件查询网站

最近更新:2024-12-25
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2021-cv-00631

XYZ Corporation v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期 - 61TRO案件查询网站 日期:02/03/2021

法院 - 61TRO案件查询网站 法院:伊利诺伊州北区法院

品牌 - 61TRO案件查询网站 品牌:

律所 - 61TRO案件查询网站 律所:

日期 描述
06/09/2021 MAILED trademark report with certified copy of order dated 6/8/2021 to Patent Trademark Office, Alexandria, VA
06/08/2021 FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 6/8/2021. Mailed notice
06/08/2021 ORDER signed by the Honorable John F. Kness on 6/8/2021. Civil case terminated. Mailed notice
05/19/2021 MINUTE entry by the Clerk of the Court: Default is entered pursuant to FRCP 55(a) as to world of magnets, APFoo Flag, calenders 365, EUYYEG, Guouq, heyuanshiaiyamaoyi, jiarenwangluokeji, JORDAN TURNBULL, laapaauk, lichengtutushangmao, LINGMAOSEEE, mcpitee271, MNXNEZ, Teekuku, SUPOOK, TE YANG, TechnologyCo, guoweijie Store, aromasm-89, januar_5, oksoles77, skinny14680, NASIOV.SHOP, NOTEWORS, YOEXIST, AMAZING LIFE, BENECHARM, EUDORAZ for failure to answer or otherwise plead. Mailed Notice.
05/19/2021 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. 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 5/28/2021. 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
05/18/2021 MEMORANDUM by Iron Maiden Holdings, Ltd. in support of motion for default judgment, motion for entry of default, motion for permanent injunction, 35
附件:
1:Declaration in Support of Motion
05/18/2021 MOTION by Plaintiff Iron Maiden Holdings, Ltd. for default judgment as to all remaining Defendants, MOTION by Plaintiff Iron Maiden Holdings, Ltd. for entry of default as to all remaining Defendants, MOTION by Plaintiff Iron Maiden Holdings, Ltd. for permanent injunction as to all remaining Defendants
附件:
1:Exhibit 1 - Amended Schedule A
05/18/2021 NOTICE of Voluntary Dismissal by Iron Maiden Holdings, Ltd. as to certain Defendants
04/21/2021 NOTICE of Voluntary Dismissal by Iron Maiden Holdings, Ltd. as to certain Defendants
04/08/2021 NEW PARTIES: world of magnets, APFoo Flag, Beston Technology, calenders 365, CheHuag, Dimike_Flags, EUYYEG, Guouq, heyuanshiaiyamaoyi, jiarenwangluokeji, JORDAN TURNBULL, laapaauk, lichengtutushangmao, LINGMAOSEEE, mcpitee271, MNXNEZ, Molacai custom, Teekuku, Wall art gallery, SUPOOK, TE YANG, TechnologyCo, BLOOPESSTUFFS, guoweijie Store, urlinens, aromasm-89, maria_tikhonova, januar_5, oksoles77, skinny14680, NASIOV.SHOP, NOTEWORS, YOEXIST, AMAZING LIFE, BENECHARM and EUDORAZ added to case caption. (Sullivan, Ann Marie)
04/07/2021 PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 4/7/2021. Mailed notice
04/07/2021 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 25 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 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 no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. 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
03/23/2021 EMAIL sent to the Court's Courtroom Deputy, Enjoli Fletcher dated 3/20/2021 by a certain unknown defendant.
附件:
1:Exhibit
2:Exhibit
3:Exhibit
03/23/2021 MINUTE entry before the Honorable John F. Kness: The Court has received email communications from an entity who is purportedly a Defendant in this action. The Clerk is requested to place the email communication on the docket. Defendant is advised that, if it wishes to file documents in this case, it must do so using the formal docket. The Clerk is requested to forward a copy of this minute order to the email address associated with the entity referenced in this order. Mailed notice
03/19/2021 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, 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 3/24/2021. For the reasons stated in the Court's orders entering the TRO, as well as in Plaintiff's motion 20 to extend the TRO, the TRO is extended until 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
03/11/2021 SUMMONS Returned Executed by Iron Maiden Holdings, Ltd. as to All Defendants.
附件:
1:Declaration of Service)(Sullivan, Ann Marie
03/11/2021 MEMORANDUM by Iron Maiden Holdings, Ltd. in support of motion for preliminary injunction 25
附件:
1:Declaration of Ann Marie Sullivan
03/11/2021 MOTION by Plaintiff Iron Maiden Holdings, Ltd. for preliminary injunction
03/03/2021 SURETY BOND in the amount of $ 10,000.00 posted by Iron Maiden Holdings, Ltd.
03/01/2021 EXTENSION OF THE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 3/1/2021. Mailed notice
03/01/2021 MINUTE entry before the Honorable John F. Kness: Plaintiff's Ex Parte Motion to extend the temporary restraining order 20 is granted. Enter order. Mailed notice
02/25/2021 MEMORANDUM by Iron Maiden Holdings, Ltd. in support of extension of time 20 for Temporary Restraining Order
附件:
1:Declaration of Ann Marie Sullivan
02/25/2021 MOTION by Plaintiff Iron Maiden Holdings, Ltd. for extension of time for Temporary Restraining Order
02/18/2021 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
02/16/2021 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 2/16/2021.
02/16/2021 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for electronic service of process 11 and ex parte motion for a temporary restraining order 14 are granted. Plaintiff's motion for leave to file under seal 5 is granted in part. Plaintiff should have also asked for leave to file an oversized brief. Although Plaintiff's memorandum 15 exceeds the 15-page limit set by LR 7.1, the Court will allow the brief to remain on the docket. Plaintiff's counsel is cautioned strictly to observe this requirement in the future. On the merits, Plaintiff's submissions 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 1, 6, 10, 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. 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 evidence submitted by Plaintiff shows 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. 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
02/04/2021 CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment.
02/04/2021 SEALED EXHIBIT by Plaintiff Iron Maiden Holdings, Ltd. Exhibit 3 regarding declaration 16
02/04/2021 DECLARATION of Paul Varley regarding motion for temporary restraining order 14
附件:
1:Exhibit 1
2:Exhibit 2
02/04/2021 MEMORANDUM by Iron Maiden Holdings, Ltd. in support of motion for temporary restraining order 14
02/04/2021 MOTION by Plaintiff Iron Maiden Holdings, Ltd. for temporary restraining order
02/04/2021 DECLARATION of Ann Marie Sullivan regarding motion for miscellaneous relief 11 for Electronic Service of Process
附件:
1:Exhibit 1-4
02/04/2021 MEMORANDUM by Iron Maiden Holdings, Ltd. in support of motion for miscellaneous relief 11 for Electronic Service of Process
02/04/2021 MOTION by Plaintiff Iron Maiden Holdings, Ltd. for Electronic Service of Process
02/04/2021 SEALED EXHIBIT by Plaintiff Iron Maiden Holdings, Ltd. Schedule A regarding amended complaint 9
02/04/2021 AMENDED complaint by Iron Maiden Holdings, Ltd. against The Partnerships and Unincorporated Associations Identified on Schedule A
附件:
1:Exhibit 1
2:Exhibit 2
02/04/2021 NEW PARTIES: Iron Maiden Holdings, Ltd. added to case caption. Terminating XYZ Corporation
02/04/2021 MAILED sealed trademark report to Patent Trademark Office, Alexandria, VA
02/04/2021 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
02/04/2021 CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment.
02/03/2021 SEALED DOCUMENT by Plaintiff XYZ Corporation Amended Complaint
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3 - Schedule A
02/03/2021 MOTION by Plaintiff XYZ Corporation for leave to file under seal
02/03/2021 ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie)
02/03/2021 ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison Carter
02/03/2021 CIVIL Cover Sheet
02/03/2021 COMPLAINT filed by XYZ Corporation; Filing fee $ 402, receipt number 0752-17894503.

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