2024-cv-12445
日期 | 描述 |
---|---|
02/06/2025 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
02/06/2025 | MAILED copyright report to Registrar, Washington DC |
02/06/2025 | ENTERED JUDGMENT Signed by the Honorable Edmond E. Chang on 02/06/2025. Emailed notice |
02/06/2025 | DEFAULT JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 02/06/2025. Emailed notice |
02/06/2025 | MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion for default judgment, the motion [44] is granted in part. As explained in the order, statutory damages is awarded in favor of the Plaintiff and against the Defendant in the amount of twenty-five thousand dollars ($25,000). In light of the willfulness established by the default, a permanent injunction is entered. The Court notes that it was disappointing that the Plaintiff sought copyright-based damages, in the amount of $50,000, when there was no copyright infringement. Of course mistakes happen frequently, but this points out the impracticality of lumping hundreds of defendants together in these types of cases, mixing in different forms of intellectual property (here, trademark and copyright), and then within each form of intellectual property, mixing in multiple marks or multiple works. A separate AO-450 judgment shall be entered. The status hearing of 02/07/2025 is vacated. Civil case terminated. Emailed notice |
02/04/2025 | RESPONSE by Plaintiff Mattel, Inc. to set motion and R&R deadlines/hearings, [48] |
02/04/2025 | NOTICE of Voluntary Dismissal by Mattel, Inc. |
01/31/2025 | MINUTE entry before the Honorable Edmond E. Chang: On review of the motion and memorandum for default judgment, R. 44, 45, and the supporting declaration, R. 46-1, as well as the amended complaint, the Plaintiff shall file a supplement to the motion explaining where the copyrighted work, R. 15-2, appears on the Defendant's site (as presented in R. 46-1). The supplement is due on 02/04/2025. Emailed notice |
01/29/2025 | NOTICE of Motion by Rachel S Miller for presentment of motion for entry of default, motion for default judgment[44] before Honorable Edmond E. Chang on 2/7/2025 at 08:30 AM. 附件: 1:Exhibit A |
01/29/2025 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[45] 附件: 1:Exhibit 2 2:Exhibit 1 |
01/29/2025 | MEMORANDUM by Mattel, Inc. in support of motion for entry of default, motion for default judgment[44] 附件: 1:Exhibit 1 |
01/29/2025 | MOTION by Plaintiff Mattel, Inc. for entry of default, MOTION by Plaintiff Mattel, Inc. for default judgment as to all Defendants 附件: 1:Exhibit A |
01/06/2025 | NEW PARTIES: Linghang Wig added to case caption. |
01/06/2025 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 01/06/2025. Emailed notice (mw,) |
01/06/2025 | MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction 37 is granted. Given the answer deadline of 01/23/2025, R. 41, the tracking status hearing of 01/10/2025 is reset to 02/07/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report, R. 11-1, by 01/29/2025. If the Defendants do not answer on time, then they are deemed to be in default, and the Plaintiff instead shall file a motion for default judgment by 01/29/2025. Emailed notice |
01/02/2025 | SUMMONS Returned Executed by Mattel, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/2/2025, answer due 1/23/2025. 附件: 1:Exhibit A 2:Declaration of Hannah A. Abes |
01/02/2025 | NOTICE of Motion by Rachel S Miller for presentment of motion for preliminary injunction[37] before Honorable Edmond E. Chang on 1/7/2025 at 08:30 AM. 附件: 1:Exhibit A |
01/02/2025 | DECLARATION of Rachel S. Miller regarding memorandum in support of motion[38] |
01/02/2025 | MEMORANDUM by Mattel, Inc. in support of motion for preliminary injunction[37] |
01/02/2025 | MOTION by Plaintiff Mattel, Inc. for preliminary injunction 附件: 1:Exhibit A |
01/02/2025 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
12/20/2024 | ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/20/2024: Mailed notice. |
12/19/2024 | Registry Deposit Information Form by Mattel, Inc. |
12/19/2024 | STATUS Report pursuant to [11] by Mattel, Inc. |
12/19/2024 | MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the extension motion [29] is granted through 01/07/2025. The tracking status hearing of 12/202/204 is reset to 01/10/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file the preliminary injunction motion, if appropriate, by 01/03/2025. Emailed notice |
12/17/2024 | NOTICE of Motion by Rachel S Miller for presentment of extension of time[29] before Honorable Edmond E. Chang on 12/20/2024 at 08:30 AM. |
12/17/2024 | DECLARATION of Rachel S. Miller regarding memorandum in support of motion[30] |
12/17/2024 | MEMORANDUM by Mattel, Inc. in support of extension of time[29] |
12/17/2024 | MOTION by Plaintiff Mattel, Inc. for extension of time of Temporary Restraining Order |
12/10/2024 | (Public Version) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 12/10/2024. Emailed notice |
12/10/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 12/10/2024. Emailed notice |
12/10/2024 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [17] for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion [3] for leave to file under seal is granted in light of the asset-restraint goal. By 12/17/2024, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the name of Defendant and omitting Amended Schedule A). The motion [22] for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), the status hearing set for 12/27/2024 is reset to 12/20/2024 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 12/17/2024. Emailed notice |
12/06/2024 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file[3], motion for temporary restraining order[17], motion for miscellaneous relief[22] before Honorable Edmond E. Chang on 12/11/2024 at 08:30 AM. |
12/06/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[23] |
12/06/2024 | MEMORANDUM by Mattel, Inc. in support of motion for miscellaneous relief[22] |
12/06/2024 | MOTION by Plaintiff Mattel, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
12/06/2024 | SEALED EXHIBIT by Plaintiff Mattel, Inc. Exhibit 3 regarding declaration[20] |
12/06/2024 | DECLARATION of Adam Sapper regarding memorandum in support of motion[18] 附件: 1:Exhibit 2 2:Exhibit 1 |
12/06/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18] |
12/06/2024 | MEMORANDUM by Mattel, Inc. in support of motion for temporary restraining order[17] |
12/06/2024 | MOTION by Plaintiff Mattel, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
12/06/2024 | SEALED EXHIBIT by Plaintiff Mattel, Inc. Amended Schedule A regarding amended complaint[15] |
12/06/2024 | AMENDED complaint by Mattel, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A 附件: 1:Exhibit 2 2:Exhibit 1 |
12/05/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
12/05/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
12/05/2024 | MAILED copyright report to Registrar, Washington DC |
12/05/2024 | MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 12/27/2024 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 12/19/2024. Plaintiff must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice |
12/04/2024 | 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. |
12/04/2024 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). |
12/04/2024 | ATTORNEY Appearance for Plaintiff Mattel, Inc. by Hannah Alexa Abes |
12/04/2024 | ATTORNEY Appearance for Plaintiff Mattel, Inc. by Rachel S Miller |
12/04/2024 | ATTORNEY Appearance for Plaintiff Mattel, Inc. by Amy Crout Ziegler |
12/04/2024 | ATTORNEY Appearance for Plaintiff Mattel, Inc. by Justin R. Gaudio |
12/04/2024 | Notice of Claims Involving Trademarks by Mattel, Inc. |
12/04/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mattel, Inc. |
12/04/2024 | CIVIL Cover Sheet |
12/04/2024 | MOTION by Plaintiff Mattel, Inc. for leave to file under seal |
12/04/2024 | SEALED EXHIBIT by Plaintiff Mattel, Inc. Schedule A regarding complaint[1] |
12/04/2024 | COMPLAINT filed by Mattel, Inc.; Filing fee $ 405, receipt number AILNDC-22798207. 附件: 1:Exhibit 1 2:Exhibit 2 |
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