最近更新：2025-02-20
2024-cv-07765
| 日期 | 描述 |
|---|---|
| 02/03/2025 | CERTIFICATE of Service by William Benjamin Kalbac on behalf of Sega Corporation |
| 02/02/2025 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 35 for entry of a preliminary injunction. 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 2/7/2025." Plaintiff must file proof of service of the Court's statement within two business days. For the reasons stated in the Court's orders entering and extending the temporary restraining order ("TRO") 30, as well as in Plaintiff's motion 31 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 |
| 01/30/2025 | SUMMONS Returned Executed by Sega Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 1/29/2025, answer due 2/19/2025. |
| 01/29/2025 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 35 |
| 01/29/2025 | MEMORANDUM by Sega Corporation in support of motion for preliminary injunction 35 |
| 01/29/2025 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 01/29/2025 | MOTION by Plaintiff Sega Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 01/21/2025 | ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 1/21/2025. Mailed notice. |
| 01/21/2025 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to Extend the Temporary Restraining Order 31 is granted. Enter separate order. Mailed notice. |
| 01/14/2025 | SURETY BOND in the amount of $ 10,000.00 posted by Sega Corporation, Atlus Co., Ltd. |
| 01/15/2025 | MOTION by Plaintiff Sega Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
| 01/06/2025 | SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 1/6/2025. |
| 01/06/2025 | MINUTE entry before the Honorable John F. Kness: Plaintiffs' 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. Plaintiffs' submissions (e.g., Dkt. 12-1 at 47) establish that, were Defendants to learn of these proceedings before the execution of Plaintiffs' 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, Plaintiffs may for now file under seal the documents identified in the motion to seal and appearing at docket entries [8] and [13][23]. 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, the Court holds, dubitante, that Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). (This holding is subject to reconsideration in future "Schedule A" cases.) 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 Plaintiffs' interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiffs state that they 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 and counterfeit versions of Plaintiffs' trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiffs have demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiffs 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 and 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 Plaintiffs will pursue an accounting (which Plaintiffs assert as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiffs have 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. |
| 12/27/2024 | 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 12/27/2024: Mailed notice. |
| 08/29/2024 | MINUTE entry before the Executive Committee: Case reassigned to the Honorable John F. Kness for all further proceedings pursuant to IOP 13(f)(2)(b). Mailed notice 附件： 1:(Request for Reassignment) |
| 08/29/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 08/29/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 08/28/2024 | Notice of Claims Involving Trademarks by Atlus Co., Ltd., Sega Corporation |
| 08/28/2024 | SEALED DOCUMENT by Plaintiffs Atlus Co., Ltd., Sega Corporation Exhibit 2 Part 11 of Paragoso Declaration |
| 08/28/2024 | SEALED DOCUMENT by Plaintiffs Atlus Co., Ltd., Sega Corporation Exhibit 2 Part 10 of Paragoso Declaration |
| 08/28/2024 | SEALED DOCUMENT by Plaintiffs Atlus Co., Ltd., Sega Corporation Exhibit 2 Part 9 of Paragoso Declaration |
| 08/28/2024 | SEALED DOCUMENT by Plaintiffs Atlus Co., Ltd., Sega Corporation Exhibit 2 Part 8 of Paragoso Declaration |
| 08/28/2024 | SEALED DOCUMENT by Plaintiffs Atlus Co., Ltd., Sega Corporation Exhibit 2 Part 7 of Paragoso Declaration |
| 08/28/2024 | SEALED DOCUMENT by Plaintiffs Atlus Co., Ltd., Sega Corporation Exhibit 2 Part 6 of Paragoso Declaration |
| 08/28/2024 | SEALED DOCUMENT by Plaintiffs Atlus Co., Ltd., Sega Corporation Exhibit 2 Part 5 of Paragoso Declaration |
| 08/28/2024 | SEALED DOCUMENT by Plaintiffs Atlus Co., Ltd., Sega Corporation Exhibit 2 Part 4 of Paragoso Declaration |
| 08/28/2024 | SEALED DOCUMENT by Plaintiffs Atlus Co., Ltd., Sega Corporation Exhibit 2 Part 3 of Paragoso Declaration |
| 08/28/2024 | SEALED DOCUMENT by Plaintiffs Atlus Co., Ltd., Sega Corporation Exhibit 2 Part 2 of Paragoso Declaration |
| 08/28/2024 | SEALED DOCUMENT by Plaintiffs Atlus Co., Ltd., Sega Corporation Exhibit 2 Part 1 of Paragoso Declaration |
| 08/28/2024 | MEMORANDUM by Atlus Co., Ltd., Sega Corporation in support of motion for temporary restraining order, 11 附件： 1:Declaration Paragoso Declaration 2:Exhibit 1 3:Declaration Hierl Declaration 4:Exhibit Hierl Exhibit 1 5:Exhibit Hierl Exhibit 2 6:Exhibit Hierl Exhibit 3 7:(Exhibit Hierl Exhibit 4) |
| 08/28/2024 | MOTION by Plaintiffs Atlus Co., Ltd., Sega Corporation 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 |
| 08/28/2024 | MOTION by Plaintiffs Atlus Co., Ltd., Sega Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 08/28/2024 | 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. |
| 08/28/2024 | CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 3). |
| 08/28/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Atlus Co., Ltd., Sega Corporation |
| 08/28/2024 | SEALED DOCUMENT by Plaintiffs Atlus Co., Ltd., Sega Corporation Sealed Schedule A |
| 08/28/2024 | MOTION by Plaintiffs Atlus Co., Ltd., Sega Corporation to seal document Plaintiff's Motion for Leave to File Under Seal |
| 08/28/2024 | ATTORNEY Appearance for Plaintiffs Atlus Co., Ltd., Sega Corporation by John Wilson |
| 08/28/2024 | ATTORNEY Appearance for Plaintiffs Atlus Co., Ltd., Sega Corporation by Robert Payton Mcmurray |
| 08/28/2024 | ATTORNEY Appearance for Plaintiffs Atlus Co., Ltd., Sega Corporation by William Benjamin Kalbac |
| 08/28/2024 | ATTORNEY Appearance for Plaintiffs Atlus Co., Ltd., Sega Corporation by Michael A. Hierl |
| 08/28/2024 | CIVIL Cover Sheet |
| 08/28/2024 | COMPLAINT filed by Sega Corporation, Atlus Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22411022. 附件： 1:(Exhibit 1) |
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