最近更新：2025-02-26
2024-cv-07035
| 日期 | 描述 |
|---|---|
| 12/18/2024 | FULL SATISFACTION of Judgment of Defendant No. 26 (YEKALE) |
| 10/22/2024 | FULL SATISFACTION of Judgment regarding order 54 of Defendant No. 23 (NOVAGLORY) |
| 10/21/2024 | MAILED trademark report with certified copy of the default final judgment order to Patent Trademark Office, Alexandria VA |
| 10/21/2024 | MAILED copyright report with certified copy of the default final judgment order to Registrar, Washington DC |
| 10/21/2024 | MAILED trademark report with certified copy of the final default judgment order to Patent Trademark Office, Alexandria VA |
| 10/18/2024 | FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 10/18/2024. Mailed notice |
| 10/18/2024 | 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 47 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 51 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 10/24/2024 is stricken. The forty-four thousand-dollar ($44,000) bond posted by Plaintiff, including any interest minus the registry fee, is hereby released to Plaintiff's counsel: Boies Schiller Flexner LLP. The Clerk of the Court is directed to return said bond previously deposited with the Clerk of the Court to Plaintiff's counsel by check made out to Boies Schiller Flexner LLP, 55 Hudson Yards, New York, New York 10001. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice |
| 10/16/2024 | NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant No. 25 (TV accessories) |
| 10/10/2024 | AFFIDAVIT of Service filed by Plaintiff Roku, Inc. regarding Plaintiff's Motion for Entry of Default and Default Judgment served on remaining Defendants on the Amended Schedule A at the email addresses identified on the Amazon, Temu, and Walmart platforms on October 10, 2024 |
| 10/10/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 47 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 10/17/2024. 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 10/17/2024. 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. Telephone status hearing set for 10/24/2024 at 9:15 a.m. is converted to a tentative default judgment hearing. Mailed notice |
| 10/10/2024 | DECLARATION of Christopher Tom regarding motion for default judgment 47 附件： 1:Exhibit A - Service Email 2:Exhibit B - Website 3:Exhibit C - Second Amended Schedule A 4:(Exhibit D - Default Judgment Orders referred in Plaintiff's Memorandum) |
| 10/10/2024 | MEMORANDUM by Roku, Inc. in support of motion for default judgment 47 |
| 10/10/2024 | MOTION by Plaintiff Roku, Inc. for default judgment as to the Defendants identified on the Second Amended Schedule A |
| 10/09/2024 | NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant No. 36 (shenzhenjinyingtao) |
| 10/01/2024 | NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant Nos. 21 (Tianchang Xingju Electronic Technology Co., Ltd) and 24 (Puluomisi) |
| 09/25/2024 | NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant No. 7 (hunanyuhaodianzishangwuyouxiangongsi) |
| 09/23/2024 | NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant Nos. 18 (Simple Model 90), 28 (BSMY), 30 (fangfang), 32 (Idealforce), 33 (Kenzoplants), and 43 (Xinxingda) |
| 09/18/2024 | NEW PARTIES: AlexSunny (1), allimityDirect-US (2), Assidu (3), dabinzi2022 (4), Funny&Sports Store (5), Glowing Club (6), hunanyuhaodianzishangwuyouxiangongsi (7), HZPOWEN POWER (8), LWJD (9), LYeccl (10), Marspeed (11), MDYBF-USA (12), Oumeite (13), Promotion-Shopping store (14), scenbuty (15), Shenzhen shunyijia e-commerce Co., Ltd (16), shenzhenshiyikungongyinglianyouxiangongsi (17), Simple Model 90 (18), SZILBZ (19), TGHCP (20), Tianchang Xingju Electronic Technology Co.,Ltd (21), YINGCAI-STORE (22), NOVAGLORY (23), Puluomisi (24), TV accessories (25), YEKALE (26), BRKe-Ding (27), BSMY (28), ChuangJ.Co.LTD (29), fangfang (30), FASLMH (31), Idealforce (32), Kenzoplants (33), Kizocay Co Ltd. (34), PWOPWOE (35), shenzhenjinyingtao (36), S-YHAI Co. Ltd (37), TITOUMI (38), VINABTY REMOTE SELLING STORE (39), Weyne (40), WINBOB (41), Xingtian Ltd. (42), Xinxingda (43) and ZHUYE-REMOTE (44) added to case caption. |
| 09/18/2024 | NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant Nos. 3 (Assidu), 4 (dabinzi2022), 6 (Glowing Club), 19 (SZILBZ), and 20 (TGHCP) |
| 09/16/2024 | NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant No. 8 (HZPOWEN POWER) |
| 09/11/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 9/11/2024. Mailed notice |
| 09/11/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 29 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 [28, 34] 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 9/12/2024 is stricken. Summons was issued on 8/15/2024, and Defendants' responses to the complaint are due by 9/26/2024. Plaintiff should file any motion for entry of default and default judgment by10/17/2024. 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 10/24/2024 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 |
| 09/11/2024 | NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant Nos. 5 (Funny&Sports Store) and 13 (Oumeite) |
| 09/11/2024 | STIPULATION of Dismissal of Defendants Nos. 16 (Shenzhen Shunyijia E-commerce Co., Ltd), 17 (Shenzhenshiyikungongyinglianyouxiangongsi), and 22 (Yingcai-Store) |
| 09/10/2024 | NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant No. 14 (Promotion-Shopping store) |
| 09/09/2024 | NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant Nos. 2 (allimityDirect-US), 12 (MDYBF-USA), and 40 (Weyne) |
| 09/06/2024 | AFFIDAVIT of Service filed by Plaintiff Roku, Inc. regarding September 6, 2024 Court Order served on remaining Defendants on the Amazon, Temu, and Walmart platforms on September 6, 2024 |
| 09/06/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 29 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all remaining 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 9/10/2024." 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 9/10/2024. 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 9/12/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice |
| 09/06/2024 | NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant Nos. 9 (LWJD), 27 (BRKe-Ding), 29 (ChuangJ.Co.LTD), 34 (Kizocay Co Ltd.), 37 (S-YHAI Co. Ltd), 39 (VINABTY REMOTE SELLING STORE), and 44 (ZHUYE-REMOTE) |
| 09/05/2024 | DECLARATION of Christopher Tom regarding motion for preliminary injunction 29 and to Extend the Temporary Restraining Order |
| 09/05/2024 | MEMORANDUM by Roku, Inc. in support of motion for preliminary injunction 29 and to Extend the Temporary Restraining Order |
| 09/05/2024 | MOTION by Plaintiff Roku, Inc. for preliminary injunction |
| 09/05/2024 | SUMMONS Returned Executed by Roku, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on the Schedule A to the Complaint on 9/5/2024, answer due 9/26/2024. |
| 09/05/2024 | NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant No. 10 (LYeccl) |
| 09/03/2024 | ANSWER to Complaint with Jury Demand by Shenzhen shunyiji, YINGCAI-STORE, shenzhenshiyikungongyinglianyouxiangongsi |
| 08/28/2024 | ATTORNEY Appearance for Defendants YINGCAI-STORE, shenzhenshiyikungongyinglianyouxiangongsi, Shenzhen shunyiji by Pete Scott Wolfgram |
| 08/28/2024 | BOND in the amount of $ $44,000 Check, Receipt No. 100010150, posted by Roku, Inc. |
| 08/27/2024 | Registry Deposit Information Form by Roku, Inc. re $44,000 |
| 08/26/2024 | ATTORNEY Appearance for Defendant Promotion-Shopping by Baruch Simcha Gottesman |
| 08/21/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 19 is granted. For the reasons stated in Plaintiff's Memorandum 20, the Court finds good cause to extend the temporary restraining order an additional 14 days to 9/12/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 9/5/2024. Telephone status hearing set for 8/29/2024 is stricken and reset to 9/12/2024 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 |
| 08/15/2024 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on the Schedule A to the Complaint |
| 08/15/2024 | SEALED Temporary Restraining Order Signed by the Honorable Sunil R. Harjani on 8/15/2024. Mailed notice |
| 08/15/2024 | MINUTE entry before the Honorable Sunil R. Harjani:Plaintiff's motion for leave to file under seal 10, ex parte motion for a temporary restraining order, including a temporary injunction, a temporary transfer of the defendant internet stores, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 11, and motion to exceed page limitation 16 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 products, 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 8/15/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 8/22/2024. Telephone status hearing is set for 8/29/2024 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 |
| 08/13/2024 | File Excess Pages |
| 08/09/2024 | SEALED DOCUMENT by Plaintiff Roku, Inc. - Schedule A to Complaint |
| 08/09/2024 | CLAIM - AO120 FORM (TRADEMARK) by Roku, Inc. 附件： 1:(Schedule A to AO120-Form) |
| 08/09/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Roku, Inc. |
| 08/09/2024 | ATTORNEY Appearance for Plaintiff Roku, Inc. by Christopher Tom |
| 08/09/2024 | CIVIL Cover Sheet |
| 08/09/2024 | COMPLAINT filed by Roku, Inc.; Filing fee $ 405, receipt number AILNDC-22346285. 附件： 1:(Exhibit 1) |
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