最近更新：2024-12-25
2024-cv-05804
| 日期 | 描述 |
|---|---|
| 11/22/2024 | FULL SATISFACTION of Judgment as to a certain defendant |
| 10/31/2024 | ENTERED FINAL JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 10/31/2024. Mailed notice. |
| 10/31/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Tartikaily, the only remaining Defendant, has not responded to Plaintiff's motion for entry of default judgment by the October 29, 2024 deadline [see 58]. Accordingly, the motion [55] 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, the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $75,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice. |
| 10/25/2024 | CERTIFICATE of Service by Sydney Paige Fenton on behalf of Glitch Productions Pty Ltd 附件： 1:Exhibit A |
| 10/24/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [55] for entry of default and default judgment against Defendant Tartikaily. This defendant has failed either to plead or to otherwise appear to defend against this action. Accordingly, 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 October 31, 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 October 29, 2024. A hearing may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon Defendant Tartikaily within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice. |
| 10/24/2024 | DECLARATION of Martin F. Trainor regarding memorandum in support of motion[56] 附件： 1:Exhibit 1 |
| 10/24/2024 | MEMORANDUM by Glitch Productions Pty Ltd in support of motion for entry of default, motion for default judgment[55] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 10/24/2024 | MOTION by Plaintiff Glitch Productions Pty Ltd for entry of default, MOTION by Plaintiff Glitch Productions Pty Ltd for default judgment as to Tartikaily 附件： 1:Exhibit A |
| 10/09/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: No responsive pleading was filed by the only remaining defendant, Tartikaily, by the October 7, 20204 deadline it requested to respond or otherwise plead (see 51.) The Court presumes that these parties have settled the matter, but did not inform the Court. There appearing to be nothing left for the Court to do, the Clerk is directed to close the case. Mailed notice. |
| 09/16/2024 | FINAL JUDGMENT ORDER. Signed by the Honorable Lindsay C. Jenkins on 9/16/2024. Notices Mailed. |
| 09/16/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendant Tartikaily. No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [44] 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 and copyrights 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 $75,000 is an appropriate award of statutory damages. Enter Partial Final Judgment Order. Notices Mailed. |
| 09/16/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Tartikaily's motion for an extension of time [50] is granted. The Court prefers to resolve cases on their merits, so Defendant Tartikaily's responsive pleading is now due by October 7, 2024. Notices Mailed. |
| 09/14/2024 | MOTION by Defendant Tartikaily for extension of time to file answer regarding complaint[1] (UNKNOWN IF OPPOSED) |
| 09/14/2024 | ATTORNEY Appearance for Defendant Tartikaily by Christopher Paul Keleher |
| 09/10/2024 | CERTIFICATE of Service by Sydney Paige Fenton on behalf of Glitch Productions Pty Ltd 附件： 1:Exhibit A |
| 09/09/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [44] for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, 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 September 16, 2024. If no objections are filed by that date, the court will consider the motion unopposed. 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. Mailed notice. |
| 09/09/2024 | DECLARATION of Martin F. Trainor regarding memorandum in support of motion[45] 附件： 1:Exhibit 1 |
| 09/09/2024 | MEMORANDUM by Glitch Productions Pty Ltd in support of motion for entry of default, motion for default judgment[44] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 09/09/2024 | MOTION by Plaintiff Glitch Productions Pty Ltd for entry of default, MOTION by Plaintiff Glitch Productions Pty Ltd for default judgment as to all Defendants 附件： 1:Exhibit A |
| 09/09/2024 | NOTICE of Voluntary Dismissal by Glitch Productions Pty Ltd as to certain Defendants |
| 09/09/2024 | NOTICE of Voluntary Dismissal by Glitch Productions Pty Ltd as to a certain defendant |
| 08/30/2024 | NOTICE of Voluntary Dismissal by Glitch Productions Pty Ltd as to a certain defendant |
| 08/28/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: By September 9, 2024, Plaintiff shall file a status report regarding next steps in this case. If Plaintiff intends to file a motion for default judgment, it should be filed by that date, and if Plaintiff moves for default judgment as to all Defendants, no status report need be filed. Mailed notice. |
| 08/23/2024 | NOTICE of Voluntary Dismissal by Glitch Productions Pty Ltd as to certain Defendants |
| 08/21/2024 | NEW PARTIES: Jinhua Fidget Toys Co., Ltd, Ningbo Wansa Import And Export Co., Ltd., Wuhan Fancy International Trading Co., Ltd, Xiamen Hotitem Technology Co., Ltd., Yangzhou Amigo Toys Co., Ltd, Yangzhou Home Ka Crafts Ltd, Yangzhou Wosen Toys Co., Ltd, Yiwu Jianyu E-Commerce Firm, Yiwu Junhan Trading Co., Ltd., Yiwu Misha Toys Co., Ltd, 6682663 Store, Atina Store, Baby's Fantasic World Store, GX Toy Dropshipping Store, HAKI Children Toy Store, Ladybug Store, Minecraft Store, Shop1103100232 Store, Shop1103155336 Store, Shop5077401 Store, LAOJINKEJI, shanxishikemujianshangmaoyouxiangongsi, zhijieshangmaogongshi, A20BNBMWQS17VD, boutiquetoysupplier, fadacai05 Store, george_v, hou2023, liancheng01, louis_vh_store, pong08, smyy9 Store, wai08, wangcai01 Store, alexkharl_8, amit982005, any2buy, Aushedirect, bachun_70, dathuse-98, dingjing08, dr.sumbal1234, dukes_collection, emno4418, flychu6, gamagevajrapa0, hsmsesoni, jinranat0, kulara_39, kunmingrubinshanhanshangmaoyouxiangongsi, lizhang-1362, noaams, npdnpb-9, qq8682863, radargoods, sunjianhua, thesalezone97, upsellr, wagesha92, hottertees, Sivelos, storecloths, Tecsworld, xinnzy, alien-theorists, Asgard Wilson, Skel-Draws, tuxe99, tyrarolleri, Thehazbeansky1, JY shop, KunMingWuHuaPaiLan, Lnyulong, SHENBIMALIANG, ShiYunBath, Tartikaily, WT, xiangpiaopiao, COSEFUMO, guangzhoumaimengshangmao, NishinoAI, ShuMingFaShangMao, TianJiaoHuiJia, DiLanTo, baijiashengxin, Comforro-com, DAVID LESLIE HUNT 1, HoaStoreric, ihfjdhfilrdghuir, LILIhuang, yunchengshiwanglongshangmaojingyingbu, AZLVLY7XB99KG, A1WL28EUX4RXEI, xzybuilding01 and taiyuanweijingshangmaoyouxiangongsi added to case caption. Terminating The Partnerships And Unincorporated Associations Identified On Schedule A |
| 08/20/2024 | NOTICE of Voluntary Dismissal by Glitch Productions Pty Ltd as to a certain Defendant |
| 08/17/2024 | PRO SE Appearance by Defendant Sharona Yeruham - store. (Received via pro se email on 8/17/2024) |
| 08/19/2024 | PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 8/19/2024. Mailed notice. |
| 08/19/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction [30] 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] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Tme Law, P.c., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. |
| 08/16/2024 | NOTICE of Voluntary Dismissal by Glitch Productions Pty Ltd as to certain Defendants |
| 08/14/2024 | CERTIFICATE of Service by Sydney Paige Fenton on behalf of Glitch Productions Pty Ltd 附件： 1:Exhibit A |
| 08/13/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [30] 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 August 16, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. 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. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until 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. |
| 08/13/2024 | MEMORANDUM by Glitch Productions Pty Ltd in support of motion for preliminary injunction[30] 附件： 1:Declaration of Martin F. Trainor 2:Exhibit 1 |
| 08/13/2024 | MOTION by Plaintiff Glitch Productions Pty Ltd for preliminary injunction 附件： 1:Exhibit A |
| 08/13/2024 | SUMMONS Returned Executed by Glitch Productions Pty Ltd as to The Partnerships And Unincorporated Associations Identified On Schedule A, on 8/13/2024, answer due 9/3/2024. 附件： 1:Declaration of Sydney Fenton 2:Exhibit A |
| 08/09/2024 | NOTICE of Voluntary Dismissal by Glitch Productions Pty Ltd as to a certain defendant |
| 08/09/2024 | NOTICE of Voluntary Dismissal by Glitch Productions Pty Ltd as to certain Defendants |
| 08/03/2024 | PRO SE Appearance by Defendant Ronen Badalov. (Received via pro se email on 8/3/2024) |
| 07/31/2024 | NOTICE of Voluntary Dismissal by Glitch Productions Pty Ltd as to a certain defendant |
| 07/30/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to extend the TRO [22] is granted. The TRO is extended to August 16, 2024. Mailed notice. |
| 07/30/2024 | MEMORANDUM by Glitch Productions Pty Ltd in support of motion for miscellaneous relief[22] 附件： 1:Declaration of Martin F. Trainor |
| 07/30/2024 | MOTION by Plaintiff Glitch Productions Pty Ltd to Extend the Temporary Restraining Order |
| 07/25/2024 | SURETY BOND in the amount of $ 10,000 posted by Glitch Productions Pty Ltd. (Document not Imaged) |
| 07/19/2024 | SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A |
| 07/19/2024 | SEALED TEMPORARY Restraining Order. Signed by the Honorable Lindsay C. Jenkins on 7/19/2024. Mailed notice. |
| 07/19/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order [13] 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 for now file under seal the documents identified in the motion to seal and appearing at docket entry [2]. 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. 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 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. As other judges in this District have noted, there may be reason to question both the propriety of the joinder of 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 revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice. |
| 07/18/2024 | MEMORANDUM by Glitch Productions Pty Ltd in support of motion for miscellaneous relief[17] 附件： 1:Declaration of Martin F. Trainor 2:Exhibit 1 |
| 07/18/2024 | MOTION by Plaintiff Glitch Productions Pty Ltd for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 07/18/2024 | SEALED EXHIBIT by Plaintiff Glitch Productions Pty Ltd Exhibit 3, Parts 1-4 regarding declaration[15] 附件： 1:Exhibit Exhibit 3, Part 1 2:Exhibit Exhibit 3, Part 2 3:Exhibit Exhibit 3, Part 3 4:(Exhibit Exhibit 3, Part 4) |
| 07/18/2024 | DECLARATION of Paul Varley regarding memorandum in support of motion[14] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 07/18/2024 | MEMORANDUM by Glitch Productions Pty Ltd in support of motion for miscellaneous relief[13] 附件： 1:Declaration of Martin F. Trainor 2:Exhibit 1 |
| 07/18/2024 | MOTION by Plaintiff Glitch Productions Pty Ltd for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 07/18/2024 | SEALED EXHIBIT by Plaintiff Glitch Productions Pty Ltd Exhibit 1, Parts 1-4 regarding exhibit[11] 附件： 1:Exhibit Exhibit 1, Part 1 2:Exhibit Exhibit 1, Part 2 3:Exhibit Exhibit 1, Part 3 4:(Exhibit Exhibit 1, Part 4) |
| 07/18/2024 | SEALED EXHIBIT by Plaintiff Glitch Productions Pty Ltd Schedule of Defendants |
| 07/11/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff should review the Court's standing order on "Schedule A" Cases, available at https://www.ilnd.uscourts.gov/judge-info.aspx?IuUaWzNcEoPr4PHl9tvcGaMUezk8AnJ1 under the "Case Procedures" tab. As explained there, Plaintiff must complete and file the template linked on that page before the Court will consider granting any motion for preliminary injunctive relief. If the template is not completed by July 25, 2024, the Court may dismiss this matter for failure to prosecute. Mailed notice. |
| 07/10/2024 | 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. |
| 07/10/2024 | CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2). |
| 07/10/2024 | ATTORNEY Appearance for Plaintiff Glitch Productions Pty Ltd by Alexander Whang |
| 07/10/2024 | ATTORNEY Appearance for Plaintiff Glitch Productions Pty Ltd by Sydney Paige Fenton |
| 07/10/2024 | ATTORNEY Appearance for Plaintiff Glitch Productions Pty Ltd by Martin Francis Trainor |
| 07/10/2024 | Notice of Claims Involving Trademarks by Glitch Productions Pty Ltd |
| 07/10/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Glitch Productions Pty Ltd |
| 07/10/2024 | CIVIL Cover Sheet |
| 07/10/2024 | MOTION by Plaintiff Glitch Productions Pty Ltd for Leave to File Certain Documents Under Seal |
| 07/10/2024 | SEALED EXHIBIT by Plaintiff Glitch Productions Pty Ltd Schedule A regarding complaint[1] |
