最近更新：2024-12-25
2022-cv-00715
| 日期 | 描述 |
|---|---|
| 11/21/2024 | SATISFACTION of Judgment as to defendant no. 143 WJHYWDH |
| 11/19/2022 | SATISFACTION of Judgment As to defendant no. 70 HUYAXUNQ1 |
| 08/15/2022 | SATISFACTION of Judgment |
| 08/07/2022 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 07/23/2022 | SATISFACTION of Judgment |
| 07/18/2022 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 06/13/2022 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 06/10/2022 | MAILED original ten-thousand-dollar ($10,000) surety bond posted by Ground Works Co., Ltd. to its counsel, Keith Vogt, Ltd., 33 West Jackson Boulevard, Unit #2W, Chicago, IL 60604 via certified mail #7019 2280 0000 0962 7852. |
| 06/07/2022 | MINUTE entry before the Honorable John F. Kness: The ten thousand dollar ($10,000) surety bond posted by Ground Works Co., Ltd. and Khara Inc. is hereby released to Ground Works Co., Ltd. or its counsel, Keith Vogt, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Ground Works Co., Ltd. or its counsel, Keith Vogt, Ltd., 33 West Jackson Boulevard, Unit #2W, Chicago, IL 60604 via certified mail. Mailed notice |
| 06/07/2022 | FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 6/7/2022. Mailed notice |
| 06/07/2022 | ORDER signed by the Honorable John F. Kness on 6/7/2022: Plaintiff's motion for entry of default judgment [26] is granted. Any pending motions are dismissed as moot. Enter Final Judgment Order. Civil case terminated. Mailed notice |
| 06/06/2022 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 05/31/2022 | STATEMENT by Ground Works Co., Ltd., Khara Inc. |
| 05/30/2022 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 05/25/2022 | STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant No. 109 Nuoqi brand Store |
| 05/24/2022 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 05/19/2022 | NEW PARTIES: USruofan added to case caption. |
| 05/17/2022 | CERTIFICATE of Service by Plaintiffs Ground Works Co., Ltd., Khara Inc. regarding set motion and R&R deadlines/hearings, [37] |
| 05/17/2022 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [26] for entry of default and default judgment against all Defendants. Except for Defendants MelonFun, JFuxuan, and Nuoqi Brand Store, who have each sought and received leave to answer the complaint, 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 as to all Defendants except for MelonFun, JFuxuan, and Nuoqi Brand Store. 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. That said, the Court will not proceed at this point to resolve the motion for default judgment. Defendants MelonFun, JFuxuan, and Nuoqi Brand Store, of course, are not in default, and a court can enter final judgment as to "fewer than all" claims or parties only if there is "no just reason" to delay entry of a partial final judgment. See FRCP 54(b). It does not appear that Plaintiff has addressed these considerations in its motion for default judgment. Accordingly, the Court grants Plaintiff leave to file a statement on or before 5/31/2022 concerning whether, in Plaintiff's view, a partial final judgment in this case is appropriate under Rule 54(b). As the Supreme Court has instructed, the Court, in making a determination under Rule 54(b), must weigh both (1) the interests of sound judicial administration and (2) the "equities involved." Curtiss-Wright Corp. v. Gen. Elec. Co., 446 U.S. 1, 8 (1980). See also Gen. Ins. Co. of Am. v. Clark Mall Corp., 644 F.3d 375, 379 (7th Cir. 2011) (discussing Rule 54(b)). In preparing its statement, Plaintiff should bear in mind that "requests under Rule 54(b) are granted neither routinely nor as a matter of course," Architectural Floor Prods. Co. v. Don Brann & Assocs. Co., 551 F. Supp. 802, 807 (N.D. Ill. 1982), and that this Court has previously denied a similar request for partial final judgment in a so-called "Schedule A" case. See Oakley v. Sch. A, 20-cv-05049, Dkt. 66 (N.D. Ill. July 27, 2021). 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 |
| 05/17/2022 | PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 5/17/2022. Mailed notice |
| 05/17/2022 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [18] 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 [22] 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 [21] the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction by the deadline set by the Court. 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. Enter separate preliminary injunction order. Mailed notice |
| 05/17/2022 | MINUTE entry before the Honorable John F. Kness: Defendant's Unopposed Motion for extension of time to answer [33] is granted. Defendant Nuoqi Brand Store must answer or otherwise plead to Plaintiffs' complaint on or before 5/31/2022. Mailed notice |
| 05/16/2022 | MOTION by Defendant Nuoqi Brand Store for extension of time to file answer regarding complaint[1] |
| 05/16/2022 | MINUTE entry before the Honorable John F. Kness: Defendants' Consented Motion for extension of time to answer [30] is granted. Defendants MelonFun and JFuxuan must answer or otherwise plead to Plaintiffs' complaint on or before 5/31/2022. Mailed notice |
| 05/16/2022 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 05/12/2022 | MOTION by Defendants JFuxuan, MelonFun for extension of time to file answer regarding complaint[1] |
| 05/12/2022 | ATTORNEY Appearance for Defendant Nuoqi Brand Store by Travis Jacob Stockman |
| 05/12/2022 | ATTORNEY Appearance for Defendants MelonFun, JFuxuan by Shengmao Mu |
| 05/10/2022 | MEMORANDUM by Ground Works Co., Ltd., Khara Inc. in support of motion for default judgment[26] 附件： 1:Exhibit 1 2:Exhibit 2 3:Declaration of Keith A. Vogt |
| 05/10/2022 | MOTION by Plaintiffs Ground Works Co., Ltd., Khara Inc. for default judgment as to The Defendants Identified In The First Amended Schedule A |
| 05/03/2022 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 04/29/2022 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 04/22/2022 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 04/18/2022 | CERTIFICATE of Service by Plaintiffs Ground Works Co., Ltd., Khara Inc. regarding order on motion for preliminary injunction, terminate deadlines and hearings, set motion and R&R deadlines/hearings, 21 |
| 04/18/2022 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 18 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 4/25/2022." 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 order 15 entering the TRO, the TRO is 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). If this extension exceeds the maximum duration for a TRO under FRCP 65(b), the extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice |
| 04/14/2022 | SUMMONS Returned Executed by Khara Inc., Ground Works Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 4/14/2022, answer due 5/5/2022. 附件： 1:(Declaration of Service) |
| 04/14/2022 | MEMORANDUM by Ground Works Co., Ltd., Khara Inc. in support of motion for preliminary injunction 18 附件： 1:Declaration of Keith A. Vogt 2:(Exhibit 1, Declaration of Keith Vogt) |
| 04/14/2022 | MOTION by Plaintiffs Ground Works Co., Ltd., Khara Inc. for preliminary injunction |
| 04/07/2022 | SURETY BOND in the amount of $ 10,000.00 posted by Ground Works Co., Ltd., Khara Inc. (Document not scanned) |
| 04/06/2022 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 04/04/2022 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 4/4/2022 |
| 04/04/2022 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [8], motion [9] for leave to file excess pages, and ex parte motion [10] for a temporary restraining order and other relief are granted in part. Plaintiff's submissions, including the Declaration [11-3] of Yasuhiro Kamimura, 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 [2], [10], and [12]. 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 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 trademarked goods 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. Mailed notice |
| 02/10/2022 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 02/10/2022 | MAILED trademark report to Patent Trademark Office, Alexandria VA. |
| 02/09/2022 | SEALED EXHIBIT by Plaintiffs Ground Works Co., Ltd., Khara Inc. Sealed Exhibit 2 to the Declaration of Yasuhiro Kamimura regarding memorandum in support of motion, [11] |
| 02/09/2022 | MEMORANDUM In Support of [10] Ex Parte Motion 附件： 1:Declaration of Keith A. Vogt 2:Exhibit 1-4, Declaration of Keith Vogt 3:Declaration of Yasuhiro Kamimura 4:Exhibit 1, Declaration of Yasuhiro Kamimura |
| 02/09/2022 | MOTION by Plaintiffs Ground Works Co., Ltd., Khara Inc. for leave to file excess pages |
| 02/09/2022 | MOTION by Plaintiffs Ground Works Co., Ltd., Khara Inc. for leave to file [Certain] Documents Under Seal |
| 02/09/2022 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. |
| 02/09/2022 | ATTORNEY Appearance for Plaintiffs Ground Works Co., Ltd., Khara Inc. by Adam Grodman |
| 02/09/2022 | ATTORNEY Appearance for Plaintiffs Ground Works Co., Ltd., Khara Inc. by Yi Bu |
| 02/09/2022 | ATTORNEY Appearance for Plaintiffs Ground Works Co., Ltd., Khara Inc. by Yanling Jiang |
| 02/09/2022 | ATTORNEY Appearance for Plaintiffs Ground Works Co., Ltd., Khara Inc. by Keith A. Vogt |
| 02/09/2022 | CIVIL Cover Sheet |
| 02/09/2022 | SEALED DOCUMENT by Plaintiffs Ground Works Co., Ltd., Khara Inc. Schedule A to Complaint 1 |
| 02/09/2022 | COMPLAINT filed by Khara Inc., Ground Works Co., Ltd.; Filing fee $ 402, receipt number 0752-19139397. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
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