2021-cv-00153 - 案件详情 - 61TRO案件查询网站

最近更新:2024-12-25
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2021-cv-00153

NYANIFY, Inc., et al. v. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto

日期 - 61TRO案件查询网站 日期:01/11/2021

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
06/23/2021 SATISFACTION of Judgment as to certain defendants
05/21/2021 SATISFACTION of Judgment as to certain defendants
05/14/2021 SATISFACTION of Judgment as to certain defendants
05/07/2021 SATISFACTION of Judgment as to certain defendants
04/30/2021 SATISFACTION of Judgment as to certain defendants
04/20/2021 MAILED surety bond in the amount of $10,000.00 to plaintiff's counsel Matthew A. Werber, certified mail no. 7019 2280 0000 0962 6206.
04/20/2021 MAILED Trademark report with copy of order dated 4/20/2021 43 to Patent Trademark Office, Alexandria VA.
附件:
1:Closing Order
04/20/2021 FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 4/20/2021. Mailed notice.
04/20/2021 ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 35. The motion 35 is granted. 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 in the amount of $500,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Matthew A. Werber, Nixon Peabody LLP, 70 West Madison, Suite 3500, Chicago IL 60602, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 4/20/2021. Mailed notice.
04/09/2021 MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 186 ASDASDQOF is hereby dismissed with prejudice and each party shall bear their own attorney's fees and costs pursuant to the Notice of Dismissal Under Rule 41(a)(1) 41 filed by Plaintiffs on 4/9/2021. ASDASDQOF terminated.
04/09/2021 NOTICE of Voluntary Dismissal by All Plaintiffs as to certain defendants
04/07/2021 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default and default judgment 35 must enter an appearance and file a written objection by 4/16/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
04/05/2021 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to send an updated proposed default and final judgment order to the court's Proposed Order Inbox that reflects the voluntary dismissals at 37 and 38.
04/02/2021 ORDER: Defendants No. 46 MaYiMing; No. 65 vceyuj; No. 88 Betsy Sandy; No. 89 Susan Elsie; No. 117 Long Min Mao Yi; No. 121 Samuel Kit; No. 137 zhenshang-US; and No. 197 YIEOFH are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Dismissal Under Rule 41(a)(1) 37 filed by Plaintiff on 4/2/2021. Signed by the Honorable Martha M. Pacold on April 2, 2021. Mailed notice
04/02/2021 NOTICE of Voluntary Dismissal by All Plaintiffs as to certain defendants
03/31/2021 MEMORANDUM by Nyanify, Inc., Christopher Orlando Torres in support of motion for default judgment 35 as to Defaulting Defendants
附件:
1:Exhibit Exhibit A - Defaulting Defendants
2:Exhibit Werber Declaration and Unpublished Cases
03/31/2021 MOTION by Plaintiffs Nyanify, Inc., Christopher Orlando Torres for default judgment as to Defaulting Defendants
03/26/2021 ORDER: Defendants No. 47 minLdaRg and No. 94 FACTURE Furnishing are hereby dismissed with prejudice and each party shall bear their own attorney's fees and costs pursuant to the Notice of Dismissal Under Rule 41(a)(1) 33 filed by Plaintiff on 3/26/2021. Signed by the Honorable Martha M. Pacold on March 26, 2021. Mailed notice
03/26/2021 NOTICE of Voluntary Dismissal by All Plaintiffs as to certain defendants
03/12/2021 ORDER: Defendants No. 38 guangdongbaobaozhifenwenhua; No. 105 fdgcjfgjdhf; and No. 119 QingTaoYangShangMao are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Dismissal Under Rule 41(a)(1) 31 filed by Plaintiff on 3/12/2021. Signed by the Honorable Martha M. Pacold on March 12, 2021. Mailed notice
03/12/2021 NOTICE of Voluntary Dismissal by All Plaintiffs as to certain defendants
03/08/2021 MINUTE entry before the Honorable Martha M. Pacold:Defendant No. 110 hayyiu21 is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Dismissal Under Rule 41(a)(1) 29 filed by Plaintiff on 3/5/2021.
03/05/2021 NOTICE of Voluntary Dismissal by All Plaintiffs as to certain defendants
02/26/2021 ORDER: Defendants No. 51 NO4LRM; No. 73 Zero of the World; No. 85 2ccm06; No. 87 201667; No. 194 KEITH WRIGHT; No. 199 SDHM.Home; No. 214 ZZY-Fashion; and No. 217 tanqin rong are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Dismissal Under Rule 41(a)(1) 27 filed by Plaintiff on 2/26/2021. Signed by the Honorable Martha M. Pacold on 2/26/2021. Mailed notice
02/26/2021 NOTICE of Voluntary Dismissal by All Plaintiffs as to certain defendants
02/26/2021 NEW PARTIES: YeFuZhong added to case caption.
02/24/2021 NEW PARTIES: 2ccm, dehuishiz hanqianjiefanhuayiriyongbaihuodian, dhferirig, YADFEWFS, ytgvbfgcgfd, Gyfter, Handmade art jewelry shop, jftdjfstj, jiangpin_2011, oppvb65G4, parmacist, Kunming Juncheng Property Management Co., Ltd., asfadsgfh, ZZY-Fashion, Mei Fu Lin, Carhavegogo, tanqin rong and Ruida Rong added to case caption.
02/24/2021 NEW PARTIES: uaguan8, VELS&VKAE, vfdb fd, WENGRJMFIREBDY, WenJiangQuYuanRuChuBaiHuoDian, xianshixinchengquaiyanbaihuoshangmaobu, xianshixinchengquyanzihufupinshangmaohang1, xxuoo, ying jiang hui min chao shi you xian gong si, yuanxiangzhuangshigongchengyouxiangongsi, Zhao Qingle L, zhenshang-US, ZXYAECQ, JinJ, CuteLu, JIIK HU, HanTuNu, dongwanshihuayikejikaifayouxiangongsi, purui, SuWuan, daanshiding feibaihuodian, MIANJIN-QING-SHOP, WANSU commerce and trade, Monds-Boshi, Dongguan Longbaiqi Clothing Co., Ltd, MaoGoose, pengyou20212018, tikusm0, Mmouspart, AnnaBo, YIJIN37, seppeshewr, niceVIP, liuqinhui1998, msixunbeuidn, zhenxiyongjiu, zhaojingyan190306, akjgsuardsuafp, wangyuping73, huangxianhui66058, sfgtwwe store, DEMETREE HENRY, mawenwen Store, Lianglili1984, Xiaopingmilk, luohan1003, zhangsa864569, zhangsan7320, zengguizhu, jiweiguo66058, LiuNa56065, Art101, fhueyuhwn, aringstore, Reigh Liassd, shgnksg, NBUQSG, jfdhgt, srfaerrti, SANCHIBAILING, ASDASDQOF, Albert Jodie, dnTncjwD, fgcjfthdrhdrg, Glenn Isidore, hdsgfhgvss, hrtjwer, jkguyfgytftrdfrt, KEITH WRIGHT, putianshikaiganmaoyiyouxiangongsi, xyininl89, YIEOFH, yuakyerme, SDHM.Home and Suroise added to case caption.
02/24/2021 NEW PARTIES: leizhongbushini, 201667, Betsy Sandy, Susan Elsie, Brady Jobies, guangdongxinyouhaoqiyeguanlifuwuyouxiangongsi, MRss, DaisTurner, FACTURE Furnishing, chuxiongdehaofangdichankaifayouxiangongsi, corwyricky, cumaoFV, daibaie, Decoration Engineeringl, Derdeo, DongYingShiRongJuChangShangMaoYouXianGongSi, Enjoy-Sexy, FAFFDFEEE, Fallautuom, fdgcjfgjdhf, FDJHUWSNFIWIPO, fGa2WbXGbmaP, fhgyrdcgh, Hai Ming, hayyiu21, Hellophone21, hongtuxieyejingyingbu, Katiek, KRBYELVJ, lanhaomh, LOLLILOLLEPO, Long Min Mao Yi, qingdaohainayunzhishangmaoyouxian, QingTaoYangShangMao, rgr62h6rrh5, Samuel Kit, sdgdfgdfgv, Sebastiaa Jacoibd, Sgadvasd and SOLHIDF added to case caption.
02/24/2021 NEW PARTIES: NO4LRM, peihus, POTUSA, QKBUY, RenLiJunx, SamanJonestha, Seriously21, shagaiyioump, shandongjianengjiancaiyouxiangongsi, shanghaiquanxindianqishebeiyouxiangongsi, SUNNEY RONG, Tiryonlie, TTmmon555, vb-fgh54j, vceyuj, wfdvcxv, WUYOUWULV, xinmishiqingpingkangmubaihuodian, yangyinggang, yhuthy, yintaiquwangshiaohongtaiyangbaihuoshangdianpu, yongrenxiangongxiaosheshengchanshenghuoziliaoyouxi, Zero Of The World, ZSHURDecor, lippesonvhkrum, HLoong123, Yuanbo Education Technology, FaceTi, Yunnan Lvfei Agricultural Technology Co., Ltd., QiChunJinYuShuMaoDianZiShangWuYouXianGongSi, A chord, BHBCE, sampson36christmansp57 and 2ccm06 added to case caption.
02/24/2021 NEW PARTIES: dhghjggscvk, DNYNQZOUAG, dpwihjfb, ELIZABETH TODD, Ervqnpp Ggrbugs, FGJ-BVM21, g33djlvhlup, guangdongbaobaozhifenwenhua, hanyanan, huairenshiyaxianziyahuohaixiandian, jiaxingshig ounaokefushiyouxiangongsi, KQBAG, kunshanluheyuanshangmaoyouxiangongsi, LiXiLianzz, MadeToOrderDecors, MaYiMing, minLdaRg, Mount Huang, NewYe and ningmengjia added to case caption.
02/24/2021 NEW PARTIES: Jamie1, k1-K2-c3, HaleyElijahoJdKh, Mndsjheiru58723, nanxie, rosalbadaugherty, surprise ping, wucuiganyin, zhanyang fashion, bowlife, Mecoolid, Spring Rainy day, AshleyBParker, MichaelBMcGrath, 3654100dfw, argument, beijingmuxingxiwangluokejiyouxiangongsi, Blueberrty, Cora Herrera and CVB21HJL0J added to case caption.
02/24/2021 NEW PARTIES: YIJ1N16, YIJIN12, YIJIN14, YIJIN17, YIJIN18, YIJIN22, YIJIN26, 08-DH, 9CCM and CB added to case caption.
02/23/2021 PRELIMINARY INJUNCTION Order signed by the Honorable Martha M. Pacold on 2/23/2021. Mailed notice
02/23/2021 ORDER: No defendant has appeared or filed an objection to the motion for preliminary injunction 21. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiffs' motion for preliminary injunction 21 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 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. Signed by the Honorable Martha M. Pacold on 2/23/2021. Mailed notice
02/22/2021 CERTIFICATE of Service Service of Minute Order on Defendants on February 11, 2021 by Matthew A. Werber on behalf of Trademark Holder Identified in Exhibit 1 regarding set motion and R&R deadlines/hearings, 23
02/11/2021 MINUTE entry before the Honorable Martha M. Pacold:Plaintiff shall serve all defendants with this notice. The court has taken the motion for a preliminary injunction 21 under advisement and will consider the motion unopposed if no defendant appears and objects by 2/18/2021
02/09/2021 MEMORANDUM by Trademark Holder Identified in Exhibit 1 in support of motion for preliminary injunction 21
附件:
1:Declaration Declaration of Matthew A. Werber
02/09/2021 MOTION by Plaintiff Trademark Holder Identified in Exhibit 1 for preliminary injunction
02/09/2021 SUMMONS Returned Executed by Trademark Holder Identified in Exhibit 1 as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto on 2/9/2021, answer due 3/2/2021.
02/08/2021 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto
01/28/2021 ORDER GRANTING PLAINTIFF'S MOTION TO EXTEND TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 1/28/2021:
01/28/2021 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion to extend the Temporary Restraining Order 16 is granted.
01/27/2021 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
01/27/2021 MOTION by Plaintiff TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO for extension of time
01/21/2021 SURETY BOND in the amount of $ 10,000.00 posted by TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO (Document not scanned)
01/14/2021 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 1/14/2021:
01/14/2021 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions (6, 8) filed by plaintiffs Nyanify, Inc. and Christopher Orlando Torres (who refer to themselves collectively as "plaintiff"), the supporting memoranda (7, 9) and the temporary restraining order, plaintiff's motions for electronic service of process 8, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 6 are 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 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. The Clerk's Office is directed to change the caption to reflect two plaintiffs "Nyanify, Inc. and Christopher Orlando Torres" instead of the singular plaintiff referred to as "Trademark Holder Identified in Exhibit 1." Enter Sealed Temporary Restraining Order.
01/13/2021 AMENDED complaint by TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO against THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A HERETO
附件:
1:Exhibit Schedule A
2:Exhibit Exhibit 1
3:Exhibit Exhibit 2
4:Exhibit Exhibit 3
5:Exhibit Exhibit 4
6:Exhibit Exhibit 5
7:Exhibit Exhibit 6
8:Exhibit Exhibit 7
01/13/2021 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal 5 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 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. Conversely, there are no exceptional circumstances that would justify allowing plaintiff to conceal its own identity: Plaintiff's ex parte motion for preliminary injunctive relief will be adjudicated promptly, and the identity of the defendant entities will be placed under seal during the pendency of the ex parte proceedings. 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, 376-77 (7th Cir. 2016). Accordingly, Plaintiff must file an amended complaint disclosing its name and asserted trademarks. Subject to unsealing at an appropriate time, Plaintiff may file Exhibit 1 (identifying Defendants listed on Schedule A), ex parte motions, and other associated filings under seal.
01/13/2021 ATTORNEY Appearance for Plaintiff TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO by Ariel Roth
01/12/2021 MEMORANDUM by TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO in support of motion for miscellaneous relief 8
附件:
1:Declaration Werber Decl. Regarding Electronic Service w/Exs. A - C
01/12/2021 MOTION by Plaintiff TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO Electronic Service of Process
01/12/2021 MEMORANDUM IN SUPPORT OF TRO MOTION and EXHIBITS. MOTION by Plaintiff TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO for temporary restraining order. Modified on 2/23/2021.
附件:
1:Declaration Werber Declaration w/Ex. A-C
2:Declaration Trademark Holder Declaration
3:Exhibit Trademark Holder Decl. Ex. 1, 1 of 4
4:Exhibit Trademark Holder Decl. Ex. 1, 2 of 4
5:Exhibit Trademark Holder Decl. Ex. 1, 3 of 4
6:Exhibit Trademark Holder Decl. Ex. 1, 4 of 4
01/12/2021 MOTION by Plaintiff TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO for temporary restraining order
01/12/2021 MOTION by Plaintiff TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO to seal document exhibit, 2
附件:
1:Declaration Declaration of Ariel Roth
01/11/2021 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment.
01/11/2021 ATTORNEY Appearance for Plaintiff TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO by Matthew A. Werber
01/11/2021 CIVIL Cover Sheet
01/11/2021 SEALED EXHIBIT by Plaintiff TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO SEALED EXHIBITS TO COMPLAINT regarding complaint, 1
附件:
1:Exhibit Schedule A
2:Exhibit Exhibit 1
3:Exhibit Exhibit 2
4:Exhibit Exhibit 3
5:Exhibit Exhibit 4
6:Exhibit Exhibit 7
01/11/2021 COMPLAINT filed by TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO; Filing fee $ 402, receipt number 0752-17814707.
附件:
1:Exhibit Schedule A
2:Exhibit Exhibit 1
3:Exhibit Exhibit 2
4:Exhibit Exhibit 3
5:Exhibit Exhibit 4
6:Exhibit Exhibit 5
7:Exhibit Exhibit 6
8:Exhibit Exhibit 7

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