2024-cv-06124 - 案件详情 - 61TRO案件查询网站

最近更新:2025-02-25
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2024-cv-06124

Dyson Technology Limited v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期 - 61TRO案件查询网站 日期:07/19/2024

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:戴森

律所 - 61TRO案件查询网站 律所:GBC

日期 描述
10/22/2024 RETURN of U.S. Post Office Receipt, Article No. 9589 0710 5270 0579 7798 92.
10/15/2024 MAILED original $ 38,000.00 surety bond 30 posted by Plaintiff, Dyson Technology Limited of firm Justin R. Gaudio Greer, Burns & Crain Ltd. via certified mail, Article Number 9589 0710 52700579 7798 92.
10/15/2024 MAILED original $ 38,000.00 surety bond [30] posted by Plaintiff, Dyson Technology Limited of firm Justin R. Gaudio Greer, Burns & Crain Ltd. via certified mail, Article Number 9589 0710 52700579 7798 92.
10/11/2024 FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 10/11/2024. Mailed notice
10/11/2024 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 40 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 44 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 10/17/2024 is stricken. The Clerk of the Court is directed to return the surety bond posted in the amount of thirty-eight thousand dollars ($38,000) to Plaintiff or its counsel, Greer, Burns & Crain, Ltd. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice
10/08/2024 MINUTE entry before the Honorable Sunil R. Harjani: Telephone status hearing set for 10/9/2024 is stricken. Mailed notice
10/03/2024 CERTIFICATE of Service by Plaintiff Dyson Technology Limited regarding set/reset hearings, 43
附件:
1:(Exhibit A)
10/03/2024 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 40 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 10/10/2024. 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 10/10/2024. 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 10/17/2024 at 9:15 a.m. Mailed notice
10/02/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[41]
附件:
1:Exhibit 1
10/02/2024 MEMORANDUM by Dyson Technology Limited in support of motion for entry of default, motion for default judgment[40]
附件:
1:Exhibit 1
10/02/2024 MOTION by Plaintiff Dyson Technology Limited for entry of default, MOTION by Plaintiff Dyson Technology Limited for default judgment as to all Defendants
附件:
1:Exhibit A
09/26/2024 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants
09/12/2024 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants
08/27/2024 NEW PARTIES: Guangxi Nnaning Beautiful Electronic Technology Co., Ltd., Guangzhou Dianxiu Technology Development Co., Ltd., Guangzhou Legend Packaging Co., Ltd., Guangzhou Yuantai Electronics Co., Ltd., IERA LIMITED, Shenzhen Deerforest Technology Co., Ltd., Shenzhen Futian District Three Bears Supply Chain Firm (individual Business), Shenzhen Hand Line Technology Co., Ltd., Sichuan Lanzuo Technology Co., Ltd., Zhuyang (guangzhou) Technology Co., Ltd., LINDAIYU Store, BusinessQY, yangyongxinbmuj, chaomu02, qiangbifa, abdl9516, arikntech, dengl109989, FDNA Electronics, foknyi-8, gfmy4875, hehauaoisnfs_0, i96_92, jdkhnb-65, jishi_80, kaiwei57, khuang-63, lan884_4, matboed_65, maxmdre, moonlify, oldda04, oppert6, Perfect Life 528, Smart Life168, tp4ezd90, wearegoodguys and yingminhao added to case caption.
08/27/2024 PRELIMINARY INJUNCTION Signed by the Honorable Sunil R. Harjani on 8/27/2024.
08/27/2024 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 [33, 35] 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. 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. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 8/28/2024 is stricken. Summons was issued on 8/1/2024, and Defendants' responses to the complaint are due by 9/11/2024. Plaintiff should file any motion for entry of default and default judgment by 10/2/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 10/9/2024 at 9:15 a.m. Enter Preliminary Injunction Order.
08/22/2024 CERTIFICATE of Service by Plaintiff Dyson Technology Limited regarding terminate hearings, set/reset hearings, 34
附件:
1:(Exhibit A)
08/22/2024 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 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 by 8/26/2024." 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 8/26/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. 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. The telephone status hearing set for 8/28/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice
08/21/2024 SUMMONS Returned Executed by Dyson Technology Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/21/2024, answer due 9/11/2024.
附件:
1:Declaration of Andrew D. Burnham
2:Exhibit A
08/21/2024 MEMORANDUM by Dyson Technology Limited in support of motion for preliminary injunction 31
附件:
1:Declaration of Justin T. Joseph
2:(Exhibit 1)
08/21/2024 MOTION by Plaintiff Dyson Technology Limited for preliminary injunction
附件:
1:Exhibit A
08/13/2024 INJUNCTION BOND in the amount of $ 38,000.00 posted by Dyson Technology Limited (Document not scanned)
08/08/2024 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 26 is granted. For the reasons stated in Plaintiff's Memorandum 27, the Court finds good cause to extend the temporary restraining order an additional 14 days to 8/28/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 8/21/2024. Telephone status hearing set for 8/14/2024 is stricken and reset to 8/28/2024 at 9:15 a.m. Mailed notice
08/07/2024 DECLARATION of Justin T. Joseph regarding memorandum in support of motion[27]
08/07/2024 MEMORANDUM by Dyson Technology Limited in support of extension of time[26]
08/07/2024 MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order
08/01/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
08/01/2024 Registry Deposit Information Form by Dyson Technology Limited
07/31/2024 SEALED Temporary Restraining Order Signed by the Honorable Sunil R. Harjani on 7/31/2024. Mailed notice
07/31/2024 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [13], and motion for electronic service of process [18] are granted. 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 file under seal the documents identified in the motion to seal. 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 on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 1:15 p.m. on 7/31/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 8/7/2024. Telephone status hearing is set for 8/14/2024 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
07/25/2024 DECLARATION of Justin R. Gaudio regarding memorandum 21
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)
07/25/2024 MEMORANDUM by Dyson Technology Limited Establishing that Joinder is Proper
07/25/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19
附件:
1:Exhibit 1
2:(Exhibit 2)
07/25/2024 MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief 18
07/25/2024 MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
07/25/2024 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 4 regarding declaration 16
附件:
1:(Exhibit 4-1)
07/25/2024 DECLARATION of Giles Samuel Lane regarding memorandum in support of motion 14
附件:
1:Exhibit 1
2:Exhibit 2
3:(Exhibit 3)
07/25/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)
07/25/2024 MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order 13
07/25/2024 MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
07/23/2024 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
07/23/2024 MAILED trademark report to Patent Trademark Office, Alexandria VA
07/22/2024 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.
07/22/2024 CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2).
07/19/2024 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham
07/19/2024 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin Tyler Joseph
07/19/2024 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain
07/19/2024 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio
07/19/2024 Notice of Claims Involving Trademarks by Dyson Technology Limited
07/19/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited
07/19/2024 CIVIL Cover Sheet
07/19/2024 MOTION by Plaintiff Dyson Technology Limited for leave to file under seal
07/19/2024 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint 1
07/19/2024 COMPLAINT filed by Dyson Technology Limited; Filing fee $ 405, receipt number AILNDC-22264810.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)

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