最近更新：2024-12-25
2024-cv-02618
| 日期 | 描述 |
|---|---|
| 12/23/2024 | MINUTE entry before the Honorable John F. Kness: A telephonic status hearing is set for 1/16/2025 at 9:30 A.M. Defendants 140 ("Funnycatdesigns") and 106 ("EkolaDesign") must appear by telephone or face the risk of being found in default. The parties are to use the following call-in number: 1-855-244-8681, Access Code: 2315 003 3696. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice. |
| 12/19/2024 | MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held 12/19/2024. Consistent with the discussion on the record, Plaintiff has since filed a statement on the docket detailing the status of each Defendant who has appeared in this case; the Court thanks counsel for promptly addressing this request. Further guidance will be provided by separate order. Mailed notice. |
| 12/20/2024 | STATUS Report by Grumpy Cat Limited |
| 12/18/2024 | MINUTE entry before the Honorable John F. Kness: Judge Kness' telephone conference line has changed. For any upcoming telephonic hearings in this matter, the parties shall dial 1-855-244-8681and enter Access Code: 2315 003 3696. Mailed notice. |
| 12/12/2024 | NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 72 |
| 11/26/2024 | LETTER from Paqui Morilla, CutePlanetEarth dated 10/24/2024. (Envelope postmarked 10/24/2024) (Received by mail in the Clerk's Office on 11/26/2024.) |
| 11/21/2024 | MINUTE entry before the Honorable John F. Kness: In-person status hearing held 11/21/2024. To allow any Defendants who have appeared time to become aware of the hearing and appear, a continued status hearing is set for 12/19/2024 at 9:30 A.M. Plaintiff alerted the Court that a notice of voluntary dismissal as to Defendant No. 150 "GlanceCat" who has appeared was filed on the docket this morning. Defendant "GlanceCat" is dismissed. The parties are to use the following call-in number: 1-855-244-8681, Access Code: 2315 003 3696. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice. |
| 11/22/2024 | STIPULATION of Dismissal Stipulation of Voluntary Dismissal with Prejudice |
| 11/22/2024 | NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 150 "GlanceCat" |
| 11/21/2024 | MINUTE entry before the Honorable John F. Kness: Judge Kness' telephone conference line has changed. For any upcoming telephonic hearings in this matter, the parties shall dial 1-855-244-8681 and enter Access Code: 2315 003 3696. Press # when prompted for an attendee number. Mailed notice. |
| 11/21/2024 | NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 151 "NEWFANCY" |
| 11/12/2024 | MINUTE entry before the Honorable John F. Kness: This matter is set for an in-person hearing 11/21/2024 at 10:00 A.M. Counsel for Plaintiff is directed to appear in-person at the hearing. Any defendants who have appeared may participate by telephone. Mailed notice. |
| 08/02/2024 | LETTER from Tristan Melissen dated 02/02/2024. (Received via Box.com on 08/02/2024.) |
| 07/30/2024 | ANSWER to Complaint by Helga02. (Received via Box.com 7/30/24, Exhibits) |
| 07/29/2024 | ANSWER to Complaint by Paqui Morilla (Received via Mailroom 7/29/24, Envelope Fed Ex) |
| 07/25/2024 | NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 147 |
| 07/23/2024 | ANSWER to Complaint by Helen Mary Gilhespy. (Exhibits, Received via Box.com 7/23/24) |
| 07/23/2024 | RESPONSE TO SUMMONSES AND REQUEST FOR DISMISSAL by Jakub Piwowarczyk. (Exhibits, Received via Box.com 7/23/24) |
| 07/17/2024 | NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 07/17/2024 | ANSWER to Complaint by funnycatdesigns. (Received via Box.com 7/17/24) |
| 07/17/2024 | NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 07/16/2024 | NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 07/16/2024 | NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 07/16/2024 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Grumpy Cat Limited |
| 07/12/2024 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 43 for entry of a preliminary injunction as to certain Defendants. In connection with that motion, which is entered and continued, Plaintiff must forthwith 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 7/18/2024." 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 orders entering and extending the temporary restraining order ("TRO"), as well as in Plaintiff's earlier motion 39 to extend the TRO, the TRO is further 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). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice. |
| 07/12/2024 | SUMMONS Returned Executed by Grumpy Cat Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 7/11/2024, answer due 8/1/2024. |
| 07/11/2024 | NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 07/11/2024 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 43 |
| 07/11/2024 | MEMORANDUM by Grumpy Cat Limited in support of motion for preliminary injunction 43 |
| 07/11/2024 | MOTION by Plaintiff Grumpy Cat Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Certain Defendants |
| 07/11/2024 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 07/11/2024 | NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 06/27/2024 | ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/27/2024. Mailed notice. |
| 06/27/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to extend TRO 39 is granted. Enter separate order. Mailed notice. |
| 06/26/2024 | MOTION by Plaintiff Grumpy Cat Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
| 06/25/2024 | INJUNCTION BOND in the amount of $ $10,000.00 posted by Grumpy Cat Limited. (Document not scanned). |
| 06/18/2024 | SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/18/2024. Mailed notice. |
| 06/18/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 7, motion for leave to file excess pages 10, and ex parte motion for a temporary restraining order 11, which includes a motion for electronic service of process, are granted in part. Plaintiff's submissions (e.g., Dkt. 12) 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 8 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 the equitable accounting that, at this point, Plaintiff states that he may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. 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 versions of Plaintiff's copyrighted works 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 infringing 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 several judges have previously noted, there may be reason to question both the propriety of joining 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. |
| 04/03/2024 | MAILED Trademark report to Patent Trademark Office, Alexandria VA |
| 04/02/2024 | Notice of Claims Involving Trademarks by Grumpy Cat Limited |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 21 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 20 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 19 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 18 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 17 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 16 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 15 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 14 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 13 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 12 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 11 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 10 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 9 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 8 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 7 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 6 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 5 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 4 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 3 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 2 of Bundesen Declaration |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 1 of Bundesen Declaration |
| 04/02/2024 | MEMORANDUM by Grumpy Cat Limited in support of motion for temporary restraining order, 11 附件： 1:Declaration Bundesen Declaration 2:Exhibit 1 3:Exhibit 2 Part 1 4:Exhibit 2 Part 2 5:Declaration Hierl Declaration 6:Exhibit Hierl Exhibit 1 7:Exhibit Hierl Exhibit 2 8:Exhibit Hierl Exhibit 3 9:(Exhibit Hierl Exhibit 4) |
| 04/02/2024 | MOTION by Plaintiff Grumpy Cat Limited for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication |
| 04/02/2024 | MOTION by Plaintiff Grumpy Cat Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 04/02/2024 | 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. |
| 04/02/2024 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). |
| 04/02/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Grumpy Cat Limited |
| 04/02/2024 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Sealed Schedule A |
| 04/02/2024 | MOTION by Plaintiff Grumpy Cat Limited to seal document Plaintiff's Motion for Leave to File Under Seal |
| 04/02/2024 | ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by John Wilson |
| 04/02/2024 | ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Robert Payton Mcmurray |
| 04/02/2024 | ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by William Benjamin Kalbac |
| 04/02/2024 | ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Michael A. Hierl |
| 04/02/2024 | CIVIL Cover Sheet |
| 04/02/2024 | COMPLAINT filed by Grumpy Cat Limited; Jury Demand. Filing fee $ 405, receipt number AILNDC-21807406. 附件： 1:Exhibit 1 2:Exhibit 2 Part 1 3:(Exhibit 2 Part 2) |
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