2024-cv-02426
日期 | 描述 |
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09/12/2024 | NOTICE of Correction regarding 108, 110 |
09/12/2024 | MAILED copyright report to Registrar, Washington DC |
09/12/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
09/12/2024 | MAILED copyright report to Registrar, Washington DC |
09/11/2024 | DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 9/11/2024.bMailed notice |
09/11/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:No defendant having objected, the plaintiff's motion for default judgment 100 is granted. Enter default judgment order. Civil case terminated. |
08/30/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment 100 is taken under advisement. Any objections or responses are due by 9/10/2024. The plaintiff is directed to provide defendants with notice of the default proceedings against them by 9/4/2024. To effectuate that notice, the Court directs the plaintiff to (1) update the website through which it has been publishing information about the case to provide notice of its motion for entry of default and default judgment, as well as the deadline to object set forth in this order and (2) sending an email to the email addresses provided for the defendants by third parties (or otherwise obtained by the plaintiff) informing them of the default proceedings against them and containing a link to the updated website. Mailed notice |
08/29/2024 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Britto Central, Inc |
08/29/2024 | CERTIFICATE of Service by John Wilson on behalf of Britto Central, Inc |
08/29/2024 | DECLARATION of Michael A. Hierl regarding motion for default judgment 100 附件: 1:(Exhibit Hierl Exhibit 1) |
08/29/2024 | MEMORANDUM by Britto Central, Inc, in support of motion for default judgment 100 附件: 1:Exhibit 1 2:(Exhibit 2) |
08/29/2024 | MOTION by Plaintiff Britto Central, Inc, for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A 附件: 1:(Exhibit A) |
08/08/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the plaintiff's notice of voluntary dismissal 98 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 41 is dismissed from this case. Mailed notice |
08/07/2024 | NOTICE of Voluntary Dismissal by Britto Central, Inc, Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 41 |
07/30/2024 | PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 7/30/2024. Mailed notice |
07/30/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:The Court has reviewed the plaintiff's response to the order to show cause 86 and accompanying certification 85. The Court deems plaintiff's voluntary dismissal of defendants for which stale (meaning more than 1 year old) screenshot evidence was provided satisfactory. Plaintiff's motion for entry of a preliminary injunction 68 is granted. Enter preliminary injunction order. Mailed notice |
07/30/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of stipulation of dismissal 92 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), defendant no. 65, Azuki-Fashion is dismissed from this case. Docket entry 94 is stricken; the preliminary injunction is no longer in effect as to defendant Azuki Fashion. Mailed notice |
07/26/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: The Court has reviewed defendant Azuki Fashion's motion to vacate the preliminary injunction against it 76 77 and plaintiff's response in opposition to the motion to vacate 87. The Court denies Azuki Fashion's motion to vacate. The Court finds that plaintiff's delay of less than one year in seeking relief against an alleged infringer does not automatically negate a finding of irreparable harm, particularly in a case such as this where the plaintiff is faced with such a large volume of alleged infringers. See J. Thomas McCarthy, 6 McCarthy on Trademarks & Unfair Competition § 31:31 (5th ed.) (survey concluding that outside the Second Circuit, "less than six months [of delay] was usually acceptable absent some strong prejudice to defendant; between six and 12 months, the decisions vary; and if the delay is greater than 12 months, preliminary injunctive relief is usually denied." (citing Sandra Edelman & Fara S. Sunderji, Delay in Filing Preliminary Injunction Motions: 2015 Edition, 105 Trademark Rep. 1012 (2015))). Mailed notice |
07/26/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff is directed to submit a proposed order in Word format on its motion for preliminary injunction 68 with an updated schedule A reflecting all recent dismissals to the Court's proposed order inbox. Mailed notice |
07/26/2024 | STIPULATION of Dismissal Stipulation of Voluntary Dismissal without Prejudice |
07/24/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notices of voluntary dismissal 88 89 90 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the defendants listed therein are dismissed from this case. Mailed notice |
07/23/2024 | NOTICE of Voluntary Dismissal by Britto Central, Inc, Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
07/23/2024 | NOTICE of Voluntary Dismissal by Britto Central, Inc, Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
07/23/2024 | NOTICE of Voluntary Dismissal by Britto Central, Inc, Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
07/22/2024 | REPLY by Plaintiff Britto Central, Inc, Plaintiff's Reply in Support of Entry of a Preliminary Injunction Against Defendant No. 38 "AZUKI-FASHION" 附件: 1:Exhibit A 2:Exhibit B 3:Exhibit C 4:(Exhibit D) |
07/22/2024 | RESPONSE by Plaintiff Britto Central, Inc, Response to Rule to Show Cause [Dkt. No. 81] 附件: 1:Exhibit A 2:Exhibit B 3:Exhibit C 4:(Exhibit D) |
07/22/2024 | CERTIFICATE Certificate of Filing |
07/22/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Plaintiff's motion for extension of time to file a response to the rule to show cause 83 is granted. The deadline for it to submit a response to the Court's order is extended to July 22, 2024. Mailed notice |
07/18/2024 | MOTION by Plaintiff Britto Central, Inc, for extension of time Plaintiff's Motion for a First Extension of Time to File a Response to the Rule to Show Cause [Dkt. No. 81] |
07/11/2024 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Britto Central, Inc 附件: 1:(Exhibit 1) |
07/11/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: The Court has reviewed the parties' (plaintiff and defendant Azuki Fashion) initial status reports 71 72. Upon further inspection of the screenshot evidence of alleged infringements, it appears that the screenshots were taken in June and July of 2023 (see ECF Nos. 42 through 49, but the plaintiff did not seek preliminary injunctive relief until March 26, 2024 11. The plaintiff is ordered to show cause by 7/18/24 why the preliminary injunction against certain defendants currently in place 64 should not be dissolved, the pending motion for preliminary injunction against certain other defendants 68 should not be denied on the basis that the plaintiff is unlikely to have suffered irreparable harm due to its delay in bringing these claims and because there is no evidence that any of the defendants were actively infringing at the time of the initiation of this lawsuit. The plaintiff and its counsel are also required to certify by 7/18/24 the efforts they took to determine whether the defendant marketplaces were actively infringing at the time the plaintiff brought the lawsuit and sought a TRO, and to certify that the plaintiff has not used the particular screenshot evidence asserted in this case in any other proceeding asserting an online counterfeiting claim against the defendants in this case. The pending motion for preliminary injunction 68 will remain under advisement, and the deadline for any objections to it is extended to 7/25/24. Plaintiff's reply in support of its motion for preliminary injunction as to defendant Azuki Fashion, which has filed a memorandum in opposition 77, is due 7/22/24. Mailed notice |
07/10/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Minute entry 78 is corrected as follows: Upon receipt of the plaintiff's notice of voluntary dismissal 75 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 45 and 65 are dismissed from this case. Mailed notice |
07/10/2024 | CERTIFICATE of Service by John Wilson on behalf of Britto Central, Inc 附件: 1:(Exhibit A) |
07/09/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 40 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 45 and 65 are dismissed from this case. Mailed notice |
07/09/2024 | MEMORANDUM by Azuki Fashion in Opposition to motion for preliminary injunction 68. Modified on 7/10/2024. 附件: 1:(Exhibit A)(Azuki Fashion,) (Linked document has the incorrect case title) |
07/09/2024 | AFFIDAVIT by Defendant Azuki Fashion in Opposition to MOTION by Plaintiff Britto Central, Inc, for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Certain Defendants 68. Modified on 7/10/2024. 附件: 1:(Exhibit A)(Azuki Fashion,) (Linked document has the incorrect case title) |
07/03/2024 | NOTICE of Voluntary Dismissal by Britto Central, Inc, Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
07/02/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff's motion for entry of a preliminary injunction as to certain defendants 68 is taken under advisement. Any objection or response is due before 7/11/24. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement, by 7/5/2024, the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed before July 11, 2024. The plaintiff must also provide to each defendant the screenshot evidence of the allegedly infringing product(s) offered and sold by that defendant that Plaintiff has provided to the Court in support of its request for a TRO and/or preliminary injunction. Mailed notice |
07/02/2024 | STATUS Report Initial Status Report by Britto Central, Inc |
07/02/2024 | STATUS Report initial status report by Azuki Fashion (Azuki Fashion,) |
07/01/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 67 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 35, 46, and 64 are dismissed from this case. Mailed notice |
07/01/2024 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 68 |
07/01/2024 | MEMORANDUM by Britto Central, Inc, in support of motion for preliminary injunction 68 |
07/01/2024 | MOTION by Plaintiff Britto Central, Inc, for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Certain Defendants |
06/27/2024 | NOTICE of Voluntary Dismissal by Britto Central, Inc, Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
06/25/2024 | NEW PARTIES: jilinshengshengfujianshegongchengyouxiangongsi, I'm sorry, HUOYUTAOBAIHUO, Huirui, HofensDirect, guanzhouruyoushangmaoyouxiangongsi, grehy, dongguanshiweizhouwujinzhipinyouxiangongsi, dinosmal, Cloud Dream Home, BOX, Azuki-Fashion, anJiaJiaShangMaoYouXianGongSi, Aidi US, toukichi, si_789643, nency-store, nebulafashion_store, modam.store, gv_deals, aleckton.caps, Zhejiang Pengdao Arts And Crafts Co., Ltd., Yiwu Sungnan Import And Export Co., Ltd., Quanzhou Houmao Sexy Lingerie Factory, FUJIAN ALL PASS BAG & LUGGAGE CO.,LTD, Cherission (Xiamen) Industry Company Ltd., Weird Jessamine, Sylheti, Pham Quang Phuc, MikBloomberg, Magic Anica, Lime, Glenn Carter, DaviBass, Warm as ever Store, SWTLSY Store, Shop1103092023 Store, Shop1102921208 Store, Secret Store, Pray-For-World-Peace Store, JuMei Store, JH Accessories Store, IkaQHHJJQ Home One Store, CHENLIANG Store, Beautiful Beach Towel Store, Angelina and her friends opened the first Store, dongdonggeng, topleveldealz and generalcart added to case caption. |
06/25/2024 | NEW PARTIES: Jackie House Store, hooha Store, happyjiang Store, Hamlet Paint By Numbers Store, GouDan Store, GoodBetterBest Store, GOANG Factory Store, Girl Luo Xi's Store, Foxscream Official Store, Five Art Store, fashion store, Factory to customers Store, Exquisite decor painting Store, Diyhomever AB Diamond Art Club Store, Disney-Art NO.2 Store, DARBY JOAR Store, CSMY Home Decoration Store, Creativity Apparel Patch Dropshipping Store, Colour Talk Store, cicihotsale41 Store, Chic Design Store, BlackPink Girl Store, BEAUTIFUI HOME Store, Baby High Quality Store, ArtSwallow Store, AOMEILY Store, Angelia Store, A little Store, A bit Store, 20196688 shopping Store, Zhi Peng Communications, YUXINSHANGPIN, Yueshang North America Store, YAKSL, XXHZL, woyuanxinju, WKKN, westmao, susongxianwenyanbaihuoshanghang, Support you cyang, SKYZH, PtPade, PeiYao-US, on the road, MaMacool, Lyetny, luluArt, LILUWEI, liaohuilong2 and JiNanShengKaiRuiChuanDongSheBeiYouXianGongSi added to case caption. |
06/25/2024 | NEW PARTIES: Shop5243251 Store, Shop4661027 Store, Shop3243053 Store, Shop20210506 Shopping Store, Shop1103297105 Store, Shop1103211715 Store, Shop1103199116 Store, Shop1103181244 Store, Shop1102978219 Store, Shop1102935488 Store, Shop1102905410 Store, Shop1102903463 Store, Shop1102902493 Store, Shop1102901500 Store, Shop1102896504 Store, Shop1102836266 Store, Shop1102809491 Store, Shop1102772412 Store, Shop1102767287 Store, Shop1102765278 Store, Shop1102178158 Store, Shop1102174783 Store, Shop1100389001 Store, Shop1100032077 Store, Shop 3626751 Store, Shop 1991 Store, Shop 00001111 Store, Shine AB DP Store, Ruxing Store, Romola Official Store, Qingdao HanYuan_Weijie Ribbon Store, PulMoll Store, Professional Customize Your Life Store, Overseas wind Store, Moonlength Home Textile Store, Moe Cerf Official Store, Miss lady clothing, MiCanvas Painting Store, Men Clothing Summary Store, MAXAKG MAXAKG Store, Manual Art Outlet Stores Store, Loves Beautiful Store, LoveApril Store, lool Store, LittleForest Store, Laumans Laumango Store, Laumango Pillow Case Store, Laumango Home Decorative Store, LADIY FIRST Store and Jewedsr-Furniture Store added to case caption. |
06/25/2024 | NEW PARTIES: Yamikani, ShandSilva, Primecharis, Olive Javanese, MuthaliBatchaemdoman, MichaeJohnson, Mason Raboy, Ladybug Ilsa, George Hudson, Eyal Cohen, Eugene Botha, Ed Burns, Darren Hughes, DanieMurray, Constantia, Chris Freeman, Caretaker's wish Inc, Calvin Lam, Bruno Andrade, BraJacobs, AhmeSayed, AaSs, & auto Care, ZYBELLE Store, zhzh Store, yoyodiy Store, YIMEIDO Crystal Diamond Painting Store, Yfashion Official Store, XUEQIXIAOZU Direct-Sale Store, XQ ART Store, xiayishe Store, Wumart Store Store, Wlixi Store, VISNXGI Store, VICHAL Store, UNDER ARMSLP Store, Tongling Comic Art Store, TINGLUAN Factory Store, Superchin Store, smallgas37 Store, SL factory Store, SincerityBusiness Store, Shop912626490 Store, Shop911571278 Store, Shop911344079 Store and Shop910339173 Store added to case caption. |
06/25/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff and defendant Azuki Fashion are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 7/2/2024. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice Modified on 6/25/2024. |
06/24/2024 | ANSWER to amended complaint by Azuki Fashion 附件: 1:(Exhibit Amazon Case Record Confirmation)(Azuki Fashion,) |
06/20/2024 | PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 6/20/2024. Mailed notice |
06/20/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction 58 is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 6/27/24 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Mailed notice |
06/20/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: The Court has received an inquiry from defendant Azuki Fashion regarding the status of its CM/ECF registration. The Court confirms that Azuki Fashion is a defendant in this action and, accordingly should be given access to a CM/ECF account (assuming all other requirements have been met). On its own motion, the Court extends defendant Azuki Fashion's deadline to respond to Plaintiff's motion for preliminary injunction 58 until 6/25/24. Mailed notice |
06/13/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction as to certain defendants 58 is taken under advisement. Any objection or response is due before 6/18/24. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement, by 6/14/2024, the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed by June 17, 2024. The plaintiff must also provide to each defendant the screenshot evidence of the allegedly infringing product(s) offered and sold by that defendant that Plaintiff has provided to the Court in support of its request for a TRO and/or preliminary injunction. Mailed notice |
06/12/2024 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
06/12/2024 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 58 |
06/12/2024 | MEMORANDUM by Britto Central, Inc, in support of motion for preliminary injunction 58 |
06/12/2024 | MOTION by Plaintiff Britto Central, Inc, for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction as to Defendant Nos. 1-3, 16-68 and 173-195 |
05/29/2024 | SURETY BOND in the amount of $ $159,000.00 posted by Britto Central, Inc |
05/30/2024 | EXTENSIONON of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 5/30/2024. Mailed notice |
05/30/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order 54 is granted. Enter order. Mailed notice |
05/29/2024 | MOTION by Plaintiff Britto Central, Inc, for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
05/20/2024 | SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 5/20/2024. Mailed notice |
05/20/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's renewed ex parte motion for TRO 40 is granted. Plaintiff's motions for leave to file under seal 7 and to exceed page limitation 10 39 are granted. Enter temporary restraining order. Mailed notice |
05/17/2024 | NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 40 before Honorable John J. Tharp Jr. on 5/23/2024 at 09:00 AM. |
05/17/2024 | SEALED DOCUMENT by Plaintiff Britto Central, Inc, Exhibit 4 |
05/17/2024 | SEALED DOCUMENT by Plaintiff Britto Central, Inc, Exhibit 3 Part 8 of Mayorga Declaration |
05/17/2024 | SEALED DOCUMENT by Plaintiff Britto Central, Inc, Exhibit 3 Part 7 of Mayorga Declaration |
05/17/2024 | SEALED DOCUMENT by Plaintiff Britto Central, Inc, Exhibit 3 Part 6 of Mayorga Declaration |
05/17/2024 | SEALED DOCUMENT by Plaintiff Britto Central, Inc, Exhibit 3 Part 5 of Mayorga Declaration |
05/17/2024 | SEALED DOCUMENT by Plaintiff Britto Central, Inc, Exhibit 3 Part 4 of Mayorga Declaration |
05/17/2024 | SEALED DOCUMENT by Plaintiff Britto Central, Inc, Exhibit 3 Part 3 of Mayorga Declaration |
05/17/2024 | SEALED DOCUMENT by Plaintiff Britto Central, Inc, Exhibit 3 Part 2 of Mayorga Declaration |
05/17/2024 | SEALED DOCUMENT by Plaintiff Britto Central, Inc, Exhibit 3 Part 1 of Mayorga Declaration |
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