最近更新：2024-12-25
2024-cv-03901
| 日期 | 描述 |
|---|---|
| 08/05/2024 | FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 8/5/2024. Mailed notice |
| 08/05/2024 | MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 39 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's marks irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established 43 that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 8/13/2024 is stricken. The one-thousand-dollar ($1,000) cash bond posted by Plaintiff, plus any accrued interest minus the registry fee, is hereby released to Plaintiff or its counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the cash bond previously deposited with the Clerk of the Court to Plaintiff or its counsel. Enter separate Final Judgment Order. Civil case terminated. Mailed notice |
| 07/26/2024 | CERTIFICATE of Service by Plaintiff Fear of God, LLC regarding terminate hearings, set/reset hearings, 42 附件： 1:(Exhibit A)(Faria De Souza, Luana) |
| 07/26/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 39 for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of 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 8/2/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 8/2/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. A tentative default judgment hearing is set for 8/13/2024 at 9:15 a.m. Telephone status hearing set for 8/15/2024 is stricken. Mailed notice |
| 07/24/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[40] 附件： 1:Exhibit 1 |
| 07/24/2024 | MEMORANDUM by Fear of God, LLC in support of motion for entry of default, motion for default judgment[39] |
| 07/24/2024 | MOTION by Plaintiff Fear of God, LLC for entry of default, MOTION by Plaintiff Fear of God, LLC for default judgment as to all Defendants 附件： 1:Exhibit A |
| 07/03/2024 | NEW PARTIES: shunzeyuanbaihuoshanghang added to case caption. |
| 07/03/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 7/3/2024. Mailed notice |
| 07/03/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 31 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 36 that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Moreover, no preliminary injunction hearing has been requested. 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. Summons was issued on 6/24/2024, and Defendants' responses to the complaint are due by 7/22/2024. Plaintiff should file any motion for entry of default and default judgment by 8/8/2024. If default and default judgment are not being sought, Plaintiff is ordered to file a status report stating whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 8/15/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 07/02/2024 | CERTIFICATE of Service by Plaintiff Fear of God, LLC regarding terminate hearings, [35] 附件： 1:Exhibit A |
| 07/02/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [31] for entry of a preliminary injunction. In connection with that motion, plaintiff must serve the defendant with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if the defendant does not appear and object by 7/3/2024 at 3 p.m. CDT." If no objection is filed by that date and time, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 7/3/2024 at 3 p.m. CDT. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon the defendant today and must promptly file proof of that service. The telephone status hearing set for 7/8/2024 is stricken. Mailed notice |
| 07/01/2024 | SUMMONS Returned Executed by Fear of God, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/1/2024, answer due 7/22/2024. 附件： 1:Declaration of Luana Faria de Souza 2:Exhibit A |
| 07/01/2024 | DECLARATION of Trevor C. Talhami regarding memorandum in support of motion[32] 附件： 1:Exhibit 1 |
| 07/01/2024 | MEMORANDUM by Fear of God, LLC in support of motion for preliminary injunction[31] |
| 07/01/2024 | MOTION by Plaintiff Fear of God, LLC for preliminary injunction 附件： 1:Exhibit A |
| 06/25/2024 | BOND in the amount of $ 1,000 check, Receipt No. 100007660, posted by Fear of God, LLC. |
| 06/24/2024 | Registry Deposit Information Form by Fear of God, LLC |
| 06/24/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 06/24/2024 | SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sunil R. Harjani on 6/24/2024. Mailed notice |
| 06/24/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's renewed ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [25] and renewed motion for electronic service of process [26] are granted. For the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, were defendant to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that its assets and website would be redirected, thus defeating plaintiff's interests in identifying defendant, stopping defendant's 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 defendant 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 defendant. Expedited discovery is warranted to identify defendant and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 10:00 a.m. on 6/24/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 7/1/2024. Telephone status hearing is set for 7/8/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 06/20/2024 | SEALED EXHIBIT by Plaintiff Fear of God, LLC Amended Exhibit 3 regarding declaration[14] |
| 06/20/2024 | MOTION by Plaintiff Fear of God, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Renewed) |
| 06/20/2024 | MOTION by Plaintiff Fear of God, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Renewed) |
| 06/20/2024 | SEALED EXHIBIT by Plaintiff Fear of God, LLC Schedule A regarding amended complaint, [23] |
| 06/20/2024 | AMENDED complaint by Fear of God, LLC against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 |
| 06/13/2024 | MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the plaintiff's memorandum on joinder 20 and determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of 100 defendants is proper in this matter under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"); H-D U.S.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 2021 WL 780486, at *2 (N.D. Ill. Mar. 1, 2021) ("The Seventh Circuit has recognized the broad discretion that district courts have in remedying misjoinder, so long as the court's decision avoids unnecessary harm to the parties."). The Court observes that plaintiff's memorandum includes a fair amount of conclusory language about a logical relationship among all defendants but not much, if any, facts to actually support that relationship. Beyond alleging that the 100 defendants are infringing upon plaintiff's trademarks, plaintiff claims only generally that joinder is proper because, inter alia, defendants use "nondescript seller aliases," use the "same advertising and marketing strategies to target consumers," have other shared features, such as "check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images," and the counterfeit products "bear similar irregularities and indicia of being counterfeit to one another" suggesting that they "were manufactured by and come from a common source." (Doc. 20 at 7-8; Doc. 1, ¶ 27). But plaintiff provides no specific examples of such shared features or similar irregularities and instead the record contains Exhibit 3 to the Declaration of Glenn Milus (which includes 1594 pages of screenshots from defendants' listings) without providing the Court with specific additional information from those listings that might in fact support joinder in this matter. See Docs. 14-16. It is not this Court's job to sift through hundreds of pages of materials to look for a relationship between the defendants. Moreover, "defendants with nearly identical product descriptions may in fact share no ties, with each simply copying the same description from elsewhere." Estee Lauder Cosms. Ltd., et al. v. The Partnerships, et al., No. 20-cv-00845 (N.D. Ill. June 22, 2020) (Lee, J.) (Doc. 40 at 9); see also Estee Lauder, 334 F.R.D. at 188. Within its discretion, on this record, the Court finds that plaintiff has failed to meet its burden to show that joinder is proper here. See Art Ask Agency v. Individuals, Corporations, Limited Liability Companies, Partnerships & Unincorporated Associations Identified on Schedule "A", 2021 WL 5493226, at *2 (N.D. Ill. Nov. 23, 2021) (holding similar conclusory statements do not support joinder); H-D U.S.A., 2021 WL 780486, at *3 (finding joinder improper where plaintiff failed to allege "any nonconclusory facts to form a basis for a conclusion that the defendants' conduct overlaps enough to warrant joinder"). Accordingly, plaintiff's motion for temporary restraining order 11 and motion for electronic service 17 are denied without prejudice. Plaintiff's motion for leave to file under seal 3 is granted. Plaintiff is granted leave to file an amended complaint with a smaller subset of defendants along with a memorandum explaining specifically why each defendant is properly joined to all of the others by 6/27/2024. Mailed notice |
| 05/16/2024 | DECLARATION of Justin R. Gaudio regarding memorandum 20 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:Exhibit 6 7:Exhibit 7 8:(Exhibit 8) |
| 05/16/2024 | MEMORANDUM by Fear of God, LLC Establishing that Joinder is Proper |
| 05/16/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 05/16/2024 | MEMORANDUM by Fear of God, LLC in support of motion for miscellaneous relief 17 |
| 05/16/2024 | MOTION by Plaintiff Fear of God, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 05/16/2024 | SEALED EXHIBIT by Plaintiff Fear of God, LLC Exhibit 3 Parts 11-19 regarding declaration 14 附件： 1:Exhibit 3-11 2:Exhibit 3-12 3:Exhibit 3-13 4:Exhibit 3-14 5:Exhibit 3-15 6:Exhibit 3-16 7:Exhibit 3-17 8:Exhibit 3-18 9:(Exhibit 3-19) |
| 05/16/2024 | SEALED EXHIBIT by Plaintiff Fear of God, LLC regarding declaration 14 附件： 1:Exhibit 3-1 2:Exhibit 3-2 3:Exhibit 3-3 4:Exhibit 3-4 5:Exhibit 3-5 6:Exhibit 3-6 7:Exhibit 3-7 8:Exhibit 3-8 9:Exhibit 3-9 10:(Exhibit 3-10) |
| 05/16/2024 | DECLARATION of Glenn Milus regarding memorandum in support of motion 12 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 05/16/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
| 05/16/2024 | MEMORANDUM by Fear of God, LLC in support of motion for temporary restraining order 11 |
| 05/16/2024 | MOTION by Plaintiff Fear of God, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 05/14/2024 | 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. |
| 05/14/2024 | CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). |
| 05/14/2024 | ATTORNEY Appearance for Plaintiff Fear of God, LLC by Luana Faria De Souza (Faria De Souza, Luana) |
| 05/14/2024 | ATTORNEY Appearance for Plaintiff Fear of God, LLC by Trevor Christian Talhami |
| 05/14/2024 | ATTORNEY Appearance for Plaintiff Fear of God, LLC by Amy Crout Ziegler |
| 05/14/2024 | ATTORNEY Appearance for Plaintiff Fear of God, LLC by Justin R. Gaudio |
| 05/14/2024 | Notice of Claims Involving Trademarks by Fear of God, LLC |
| 05/14/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fear of God, LLC |
| 05/14/2024 | CIVIL Cover Sheet |
| 05/14/2024 | MOTION by Plaintiff Fear of God, LLC for leave to file under seal |
| 05/14/2024 | SEALED EXHIBIT by Plaintiff Fear of God, LLC Schedule A regarding complaint[1] |
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