最近更新：2024-12-25
2024-cv-02498
| 日期 | 描述 |
|---|---|
| 09/30/2024 | DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 9/30/2024. Emailed notice. |
| 09/30/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 56 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. Because this infringement was willful and considering the value of Plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $20,000 is an appropriate award of statutory damages against each remaining defendant. Enter Final Judgment Order. Civil case terminated. Emailed notice. |
| 09/26/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff failed to comply with this Court's order 60 to submit a proper revised proposed default judgment order to Judge Hunt's proposed order inbox by 9/19/24. Even after the Court emailed Plaintiff's counsel about this error, Plaintiff re-sent the same erroneous submission. By 9/27/24, Plaintiff must submit a proper order; otherwise, this action will be dismissed for want of prosecution. Emailed notice. |
| 09/10/2024 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Bigfoot 4x4, Inc. |
| 09/09/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment 56 against the remaining defendants identified in Amended Schedule A [56-1]. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Amended Schedule A is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendants must be filed on or before 9/20/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining affected Defendants within one business day of its entry on the docket and must promptly file proof of that service. Plaintiff is directed to submit a revised proposed default judgment order to Judge Hunt's proposed order inbox by 9/19/24. No appearance is necessary on 9/10/24. Emailed notice. |
| 09/03/2024 | NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 56 before Honorable LaShonda A. Hunt on 9/10/2024 at 10:00 AM. |
| 09/03/2024 | DECLARATION of Michael A. Hierl regarding motion for default judgment 56 附件： 1:(Exhibit Hierl Exhibit 1) |
| 09/03/2024 | MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for default judgment 56 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 09/03/2024 | MOTION by Plaintiff Bigfoot 4x4, 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) |
| 09/03/2024 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Bigfoot 4x4, Inc. |
| 08/07/2024 | Terminating 6 ArnolFranklin, Aditya Jain, Agogo Store, AmandaGLeir, Amusingtoys Store, Amy Edmondson, AndrewRobertHenzel, Anthony r Jessen, Aoikumo Blind Box Store, AsaKhan, BANDAI Eexclusive Store, Baber, Bao Tran, Barbara Corcoran, Berrykey Store, Better inspector Hominspection, Bhanu Prasad, Bhavik Mehta, Bhavin Patel, BilMarshall, BilSchneider, Biswajit Chakraborty, Boutique remote control parts Store, Brandon Davis, Brett Stewart, Brian George, Brian Mills, Brian Yu, Brittaney Haburcsak, Bruna Moreira, Bryan Young, CandicGalek, Carlos Alberto Pereira, Cesar Garcia, Cesar Vergara, ChancDick, Chelsea Jones, CherieColletteBoggan, Children Educational Toy Store, Chris Carey, Chris Davidson, Christopher Evans, Christopher Martinez, Cleber Santos, Costom, DZ Official Store, Dan Fletcher, DanieWalsh, DannyMorgan, DaviBaxter, DaviCao, DaviFernandez, DaviKnight-mcleohehimhis, DaviPage, DaviRobbins, DaviWinter, Davis Davis, Deepti Sharma, DenesHuntsberry, DenisLee, Dennis Hutcherson, Dew Design DebbiWidugiris, Diego Soares, Dinesh Kumar, Divya Rao, Divya Shetty, Dr Marcus Babaoye, Dropshipping Wholesales Store, Elaine Lima, Elisangela Santos, Elizabeth Adams, ElizahTessieDenniston, Emma Cox, Emma Stewart, Eric Bergman, Eric Cruz, Eric Shaw, Eric Wagner, Erin Jones, Erin O'connor, Esraa Gamal, Eunice Lee, FF RC PARTS Store, FahaKhan, FiFi Toy Store, Fresno, Gabriel Nascimento, Geoffrey Tolwyn, Georgi Ivanov, Gizem Kaya, Grace Gu, Graham Lewis, Gramos GXP, Greg Jackson, Greg Smith, Greg Walters, Guangdong Fengzhiwu Trading Co., Ltd. Store, Guangzhou Beizele Trading Co., Ltd., Guangzhou Kaiyue Imp & Exp Co., Ltd., Guigang Younger Craftwork Co., Ltd., Gustavo Alvarez, Happy Player Store, Happy-Childhood-Toy Store, Hefei Mailixiang Trading Co., Ltd., Hem, Huizhou Eto Gift Co., Ltd., Huizhou Xinde Fusheng Technology Co., Ltd., Ian Li, Ian Morris, Ilana Amos - Senior Vice President And Board Advisor, Ilman Nafian, Imogen Cook, Imran Pathan, Indu Bala, Ins Martins, Iqbal Husain, Irina Lebedeva, Ishan Sharma, Ismael Chang Ghalimi, Israel Hernandez, Italo Pashto Smart, Ivan Ramirez, Ivan Zhang, JI DUO MODEL Store, James Moore, Jiaxing Lorda Import & Export Co.,Ltd, John Miller, KBDFA Digital Store, KEVID Shenzhen Store, KEYIGE Official Store, KK Funny Store, Kalilur Rahman, KathleenSusanBuckler, KiKi Diary Store, Kupper Brian, LUXUN RC Toy Store, Lalit Kumar, Little guy toy Store, MOC Rebrickable Bricks Parts Store, MOC Series Building Blocks Store, Matt Williams, Matthew Pelton crs, Menghui Huang, Mizuki Nianhua Store, Morteza Tavakoli Taba, NEECOO TOYS Store, Nauru-Cherice, Nicee Model Store, OpenNi Toys Store, PAXA Store, Pankeda Toy Store, Philip Chubby, PhilippVon borries, QIWI Novelty Toys STore Store, Qui-Gon Jinn Quokka, Rishabh Jain, Robert Mcdonalcrpc, Rui Language Dream Factory Toys Store, Sany (shenzhen) E-Commerce Co., Ltd., Scott Brown, Shantou AJB Trading Co., LTD, Shantou Chenghai De'er Toy Factory, Shantou Chenghai District Linjun Toy Factory, Shantou Chenghai Leyu Lexun Toy Firm, Shantou Chenghai Liangjun Toy Firm, Shantou Chenghai Mengmike Toys Co., Ltd., Shantou City Chenghai Area Yicheng Toys Factory, Shantou King World Toys Trading Co., Ltd., Shantou Lainan Trading Co., Ltd., Shantou Rongheqiang Trade Co. Ltd, Shantou Zhenyue Toys Co., Ltd., Shantou Zuocheng Electronic Commerce Co., Ltd. Trading, Shehzhen Idea Animation Co., Ltd., Shenzhen Chengtao Toys Limited Company, Shenzhen Feite Model Co., Ltd., Shenzhen Kutaolo Toy Co., Ltd., Shenzhen Odf E-Commerce Co., Ltd., Shenzhen Sincere Tech Co., Ltd., Shenzhen Youfang Industry Co., Ltd., Shop1100310001 Store, Shop1102188045 Store, Shop1102549492 Store, Shop1102833156 Store, Shop1102842543 Store, Shop4422213 Store, Shop5780863 Store, Shreya Sharma, Smart Rc Toys Store, Smurfs 88 Store, Stanley Caesar Iii, T-Shirt55 Store, TeeCovery, TheCustomizedThreads, Tianjin Kelepu Trading Co., Ltd., Tom Williams, Toy Car Model Collection Gifts Hobby Store, Toy collectors Store, Troy Dombart, Uncle Richard Store, Vevu Cool Racing Cars Toys Store, WL-toys Store, WXRC Store, XYRC Official Store, YaXue Toys Store, Yicheng Store, Yiwu Guda Trading Co., Ltd., Yongkang Yuchengjing Trading Co., Ltd., Zhuang Owen Lars, Zoom (Shenzhen) Trading Co., Ltd., bsharron, cm-arts, dequariusgoblirsch, dinyolani, jeannie, ranftpon, xingshitai Store, - K Swimwear and 2 J Photobooth Llc |
| 08/07/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: On 8/1/24, the Court entered an order 51 instructing Plaintiff's counsel to ensure that Defendant No. 3 was added to the court's docket. However, Plaintiff's counsel added every defendant listed on original Schedule A 8 to the docket, even though this case is proceeding as to only one of those defendants. By 8/8/24, counsel is directed to correct this error. Emailed notice. |
| 08/07/2024 | Terminating 6 ArnolFranklin, Aditya Jain, Agogo Store, AmandaGLeir, Amusingtoys Store, Amy Edmondson, AndrewRobertHenzel, Anthony r Jessen, Aoikumo Blind Box Store, AsaKhan, BANDAI Eexclusive Store, Baber, Bao Tran, Barbara Corcoran, Berrykey Store, Better inspector Hominspection, Bhanu Prasad, Bhavik Mehta, Bhavin Patel, BilMarshall, BilSchneider, Biswajit Chakraborty, Boutique remote control parts Store, Brandon Davis, Brett Stewart, Brian George, Brian Mills, Brian Yu, Brittaney Haburcsak, Bruna Moreira, Bryan Young, CandicGalek, Carlos Alberto Pereira, Cesar Garcia, Cesar Vergara, ChancDick, Chelsea Jones, CherieColletteBoggan, Children Educational Toy Store, Chris Carey, Chris Davidson, Christopher Evans, Christopher Martinez, Cleber Santos, Costom, DZ Official Store, Dan Fletcher, DanieWalsh, DannyMorgan, DaviBaxter, DaviCao, DaviFernandez, DaviKnight-mcleohehimhis, DaviPage, DaviRobbins, DaviWinter, Davis Davis, Deepti Sharma, DenesHuntsberry, DenisLee, Dennis Hutcherson, Dew Design DebbiWidugiris, Diego Soares, Dinesh Kumar, Divya Rao, Divya Shetty, Dr Marcus Babaoye, Dropshipping Wholesales Store, Elaine Lima, Elisangela Santos, Elizabeth Adams, ElizahTessieDenniston, Emma Cox, Emma Stewart, Eric Bergman, Eric Cruz, Eric Shaw, Eric Wagner, Erin Jones, Erin O'connor, Esraa Gamal, Eunice Lee, FF RC PARTS Store, FahaKhan, FiFi Toy Store, Fresno, Gabriel Nascimento, Geoffrey Tolwyn, Georgi Ivanov, Gizem Kaya, Grace Gu, Graham Lewis, Gramos GXP, Greg Jackson, Greg Smith, Greg Walters, Guangdong Fengzhiwu Trading Co., Ltd. Store, Guangzhou Beizele Trading Co., Ltd., Guangzhou Kaiyue Imp & Exp Co., Ltd., Guigang Younger Craftwork Co., Ltd., Gustavo Alvarez, Happy Player Store, Happy-Childhood-Toy Store, Hefei Mailixiang Trading Co., Ltd., Hem, Huizhou Eto Gift Co., Ltd., Huizhou Xinde Fusheng Technology Co., Ltd., Ian Li, Ian Morris, Ilana Amos - Senior Vice President And Board Advisor, Ilman Nafian, Imogen Cook, Imran Pathan, Indu Bala, Ins Martins, Iqbal Husain, Irina Lebedeva, Ishan Sharma, Ismael Chang Ghalimi, Israel Hernandez, Italo Pashto Smart, Ivan Ramirez, Ivan Zhang, JI DUO MODEL Store, James Moore, Jiaxing Lorda Import & Export Co.,Ltd, John Miller, KBDFA Digital Store, KEVID Shenzhen Store, KEYIGE Official Store, KK Funny Store, Kalilur Rahman, KathleenSusanBuckler, KiKi Diary Store, Kupper Brian, LUXUN RC Toy Store, Lalit Kumar, Little guy toy Store, MOC Rebrickable Bricks Parts Store, MOC Series Building Blocks Store, Matt Williams, Matthew Pelton crs, Menghui Huang, Mizuki Nianhua Store, Morteza Tavakoli Taba, NEECOO TOYS Store, Nauru-Cherice, Nicee Model Store, OpenNi Toys Store, PAXA Store, Pankeda Toy Store, Philip Chubby, PhilippVon borries, QIWI Novelty Toys STore Store, Qui-Gon Jinn Quokka, Rishabh Jain, Robert Mcdonalcrpc, Rui Language Dream Factory Toys Store, Sany (shenzhen) E-Commerce Co., Ltd., Scott Brown, Shantou AJB Trading Co., LTD, Shantou Chenghai De'er Toy Factory, Shantou Chenghai District Linjun Toy Factory, Shantou Chenghai Leyu Lexun Toy Firm, Shantou Chenghai Liangjun Toy Firm, Shantou Chenghai Mengmike Toys Co., Ltd., Shantou City Chenghai Area Yicheng Toys Factory, Shantou King World Toys Trading Co., Ltd., Shantou Lainan Trading Co., Ltd., Shantou Rongheqiang Trade Co. Ltd, Shantou Zhenyue Toys Co., Ltd., Shantou Zuocheng Electronic Commerce Co., Ltd. Trading, Shehzhen Idea Animation Co., Ltd., Shenzhen Chengtao Toys Limited Company, Shenzhen Feite Model Co., Ltd., Shenzhen Kutaolo Toy Co., Ltd., Shenzhen Odf E-Commerce Co., Ltd., Shenzhen Sincere Tech Co., Ltd., Shenzhen Youfang Industry Co., Ltd., Shop1100310001 Store, Shop1102188045 Store, Shop1102549492 Store, Shop1102833156 Store, Shop1102842543 Store, Shop4422213 Store, Shop5780863 Store, Shreya Sharma, Smart Rc Toys Store, Smurfs 88 Store, Stanley Caesar Iii, T-Shirt55 Store, TeeCovery, TheCustomizedThreads, Tianjin Kelepu Trading Co., Ltd., Tom Williams, Toy Car Model Collection Gifts Hobby Store, Toy collectors Store, Troy Dombart, Uncle Richard Store, Vevu Cool Racing Cars Toys Store, WL-toys Store, WXRC Store, XYRC Official Store, YaXue Toys Store, Yicheng Store, Yiwu Guda Trading Co., Ltd., Yongkang Yuchengjing Trading Co., Ltd., Zhuang Owen Lars, Zoom (Shenzhen) Trading Co., Ltd., bsharron, cm-arts, dequariusgoblirsch, dinyolani, jeannie, ranftpon, xingshitai Store, - K Swimwear and 2 J Photobooth Llc |
| 08/06/2024 | NEW PARTIES: Zhuang Owen Lars, Troy Dombart, Tom Williams, TheCustomizedThreads, TeeCovery, Qui-Gon Jinn Quokka, PhilippVon borries, John Miller, jeannie, James Moore, Ismael Chang Ghalimi, Iqbal Husain, Imran Pathan, Ilman Nafian, Greg Walters, Gramos GXP, Graham Lewis, Gabriel Nascimento, Emma Stewart, Elizabeth Adams, Dr Marcus Babaoye, DenesHuntsberry, Deepti Sharma, DaviRobbins, DaviPage, DaviBaxter, Cleber Santos, Chelsea Jones, Cesar Vergara, Cesar Garcia, bsharron, Brian Yu, Brett Stewart, Bhavik Mehta, Baber, Anthony r Jessen, 2 J Photobooth Llc, Zoom (Shenzhen) Trading Co., Ltd., Yongkang Yuchengjing Trading Co., Ltd., Yiwu Guda Trading Co., Ltd., Tianjin Kelepu Trading Co., Ltd., Shenzhen Youfang Industry Co., Ltd., Shenzhen Sincere Tech Co., Ltd., Shenzhen Odf E-Commerce Co., Ltd., Shenzhen Kutaolo Toy Co., Ltd., Shenzhen Feite Model Co., Ltd., Shenzhen Chengtao Toys Limited Company, Shehzhen Idea Animation Co., Ltd., Shantou Zuocheng Electronic Commerce Co., Ltd. Trading, Shantou Zhenyue Toys Co., Ltd., Shantou Rongheqiang Trade Co. Ltd, Shantou Lainan Trading Co., Ltd., Shantou King World Toys Trading Co., Ltd., Shantou City Chenghai Area Yicheng Toys Factory, Shantou Chenghai Mengmike Toys Co., Ltd., Shantou Chenghai Liangjun Toy Firm, Shantou Chenghai Leyu Lexun Toy Firm, Shantou Chenghai District Linjun Toy Factory, Shantou Chenghai De'er Toy Factory, Shantou AJB Trading Co., LTD, Sany (shenzhen) E-Commerce Co., Ltd., Jiaxing Lorda Import & Export Co.,Ltd, Huizhou Xinde Fusheng Technology Co., Ltd., Huizhou Eto Gift Co., Ltd., Hefei Mailixiang Trading Co., Ltd., Guangzhou Kaiyue Imp & Exp Co., Ltd., Guangzhou Beizele Trading Co., Ltd., Yicheng Store, YaXue Toys Store, XYRC Official Store and xingshitai Store added to case caption. |
| 08/06/2024 | NEW PARTIES: WXRC Store, WL-toys Store, Vevu Cool Racing Cars Toys Store, Toy collectors Store, Toy Car Model Collection Gifts Hobby Store, T-Shirt55 Store, Smurfs 88 Store, Smart Rc Toys Store, Shop5780863 Store, Shop4422213 Store, Shop1102842543 Store, Shop1102833156 Store, Shop1102549492 Store, Shop1102188045 Store, Shop1100310001 Store, QIWI Novelty Toys STore Store, PAXA Store, Pankeda Toy Store, Nicee Model Store, NEECOO TOYS Store, MOC Series Building Blocks Store, MOC Rebrickable Bricks Parts Store, Mizuki Nianhua Store, LUXUN RC Toy Store, Little guy toy Store, KiKi Diary Store, KEYIGE Official Store, KEVID Shenzhen Store, KBDFA Digital Store, JI DUO MODEL Store, Happy-Childhood-Toy Store, Guangdong Fengzhiwu Trading Co., Ltd. Store, FiFi Toy Store, FF RC PARTS Store, Dropshipping Wholesales Store, Children Educational Toy Store, Berrykey Store, BANDAI Eexclusive Store, Aoikumo Blind Box Store, Amusingtoys Store, Agogo Store, ranftpon, ElizahTessieDenniston, dinyolani, dequariusgoblirsch, Costom, cm-arts, CherieColletteBoggan, AmandaGLeir, Stanley Caesar Iii, Shreya Sharma, Scott Brown, Robert Mcdonalcrpc, Rishabh Jain, Philip Chubby, Nauru-Cherice, Morteza Tavakoli Taba, Menghui Huang, Matthew Pelton crs, Matt Williams, Lalit Kumar, Kupper Brian, Kalilur Rahman, Ivan Zhang, Ivan Ramirez, Italo Pashto Smart, Israel Hernandez, Ishan Sharma, Irina Lebedeva, Ins Martins, Indu Bala, Imogen Cook, Ilana Amos - Senior Vice President And Board Advisor, Ian Morris, Ian Li, Hem, Gustavo Alvarez, Greg Smith, Greg Jackson, Grace Gu, Gizem Kaya, Georgi Ivanov, Geoffrey Tolwyn, Fresno, FahaKhan, Eunice Lee, Esraa Gamal, Erin O'connor, Erin Jones, Eric Wagner, Eric Shaw, Eric Cruz, Eric Bergman, Emma Cox, Elisangela Santos, Elaine Lima, Divya Shetty, Divya Rao, Dinesh Kumar, Diego Soares, Dew Design DebbiWidugiris, Dennis Hutcherson, DenisLee, DaviWinter, Davis Davis, DaviKnight-mcleohehimhis, DaviFernandez, DaviCao, DannyMorgan, DanieWalsh, Dan Fletcher, Christopher Martinez, Christopher Evans, Chris Davidson, Chris Carey, ChancDick, Carlos Alberto Pereira, CandicGalek, Bryan Young, Bruna Moreira, Brittaney Haburcsak, Brian Mills, Brian George, Brandon Davis, Biswajit Chakraborty, BilSchneider, BilMarshall, Bhavin Patel, Bhanu Prasad, Better inspector Hominspection, Barbara Corcoran, Bao Tran, AsaKhan, Amy Edmondson, Aditya Jain, 6 ArnolFranklin, - K Swimwear, Guigang Younger Craftwork Co., Ltd., Uncle Richard Store, Rui Language Dream Factory Toys Store, OpenNi Toys Store, KK Funny Store, Happy Player Store, DZ Official Store, Boutique remote control parts Store, MarthaSteward, KathleenSusanBuckler and AndrewRobertHenzel added to case caption. |
| 08/06/2024 | NEW PARTIES: Zhuang Owen Lars, Troy Dombart, Tom Williams, TheCustomizedThreads, TeeCovery, Qui-Gon Jinn Quokka, PhilippVon borries, John Miller, jeannie, James Moore, Ismael Chang Ghalimi, Iqbal Husain, Imran Pathan, Ilman Nafian, Greg Walters, Gramos GXP, Graham Lewis, Gabriel Nascimento, Emma Stewart, Elizabeth Adams, Dr Marcus Babaoye, DenesHuntsberry, Deepti Sharma, DaviRobbins, DaviPage, DaviBaxter, Cleber Santos, Chelsea Jones, Cesar Vergara, Cesar Garcia, bsharron, Brian Yu, Brett Stewart, Bhavik Mehta, Baber, Anthony r Jessen, 2 J Photobooth Llc, Zoom (Shenzhen) Trading Co., Ltd., Yongkang Yuchengjing Trading Co., Ltd., Yiwu Guda Trading Co., Ltd., Tianjin Kelepu Trading Co., Ltd., Shenzhen Youfang Industry Co., Ltd., Shenzhen Sincere Tech Co., Ltd., Shenzhen Odf E-Commerce Co., Ltd., Shenzhen Kutaolo Toy Co., Ltd., Shenzhen Feite Model Co., Ltd., Shenzhen Chengtao Toys Limited Company, Shehzhen Idea Animation Co., Ltd., Shantou Zuocheng Electronic Commerce Co., Ltd. Trading, Shantou Zhenyue Toys Co., Ltd., Shantou Rongheqiang Trade Co. Ltd, Shantou Lainan Trading Co., Ltd., Shantou King World Toys Trading Co., Ltd., Shantou City Chenghai Area Yicheng Toys Factory, Shantou Chenghai Mengmike Toys Co., Ltd., Shantou Chenghai Liangjun Toy Firm, Shantou Chenghai Leyu Lexun Toy Firm, Shantou Chenghai District Linjun Toy Factory, Shantou Chenghai De'er Toy Factory, Shantou AJB Trading Co., LTD, Sany (shenzhen) E-Commerce Co., Ltd., Jiaxing Lorda Import & Export Co.,Ltd, Huizhou Xinde Fusheng Technology Co., Ltd., Huizhou Eto Gift Co., Ltd., Hefei Mailixiang Trading Co., Ltd., Guangzhou Kaiyue Imp & Exp Co., Ltd., Guangzhou Beizele Trading Co., Ltd., Yicheng Store, YaXue Toys Store, XYRC Official Store and xingshitai Store added to case caption. |
| 08/01/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case 52. Summons were executed on 7/24/24 and Defendants' responses to the complaint are due by 8/14/24 49. By 9/13/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice. |
| 08/01/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 8/1/2024. Emailed notice. |
| 08/01/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction 44, which the Court now considers unopposed because no Defendant filed a notice of objection by the 7/31/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO 38, 39 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 50 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. Plaintiff's counsel is directed to ensure that Defendant No. 3 33 added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. |
| 07/25/2024 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Bigfoot 4x4, Inc. |
| 07/25/2024 | SUMMONS Returned Executed by Bigfoot 4x4, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 7/24/2024, answer due 8/14/2024. |
| 07/24/2024 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 07/24/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction 44 is taken under advisement. A telephonic motion hearing is set for 8/1/24, at 9:30AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 7/31/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date 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 Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 7/30/24. Emailed notice. |
| 07/24/2024 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 07/23/2024 | NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 44 before Honorable LaShonda A. Hunt on 7/30/2024 at 10:00 AM. |
| 07/23/2024 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 44 |
| 07/23/2024 | MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for preliminary injunction 44 |
| 07/23/2024 | MOTION by Plaintiff Bigfoot 4x4, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 07/10/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order 41 is granted. The TRO is extended to 7/26/24 for the reasons stated in the order granting the initial TRO 38. No appearance is necessary on 7/16/24. Emailed notice. |
| 07/09/2024 | NOTICE of Motion by Michael A. Hierl for presentment of extension of time[41] before Honorable LaShonda A. Hunt on 7/16/2024 at 10:00 AM. |
| 07/09/2024 | MOTION by Plaintiff Bigfoot 4x4, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order Nunc Pro Tunc from July 12, 2024 through July 26, 2024 |
| 07/03/2024 | SURETY BOND in the amount of $ 1,000.00 posted by Bigfoot 4x4, Inc. (Document not scanned) |
| 06/28/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 6/28/2024. Emailed a copy to Plaintiff's counsel. |
| 06/28/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order, a temporary asset restraint, expedited discovery and service of process by email and electronic publication 35 is granted. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $1,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Plaintiff's Motion to Exceed Page Limitation 34 is granted. Plaintiff's ex parte motion for entry of a temporary restraining order, a temporary asset restraint, expedited discovery and service of process by email and electronic publication 12 is terminated as moot. Mailed notice. |
| 06/27/2024 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 to Trent Declaration |
| 06/27/2024 | MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for temporary restraining order, [35] 附件： 1:Declaration Trent 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 |
| 06/27/2024 | MOTION by Plaintiff Bigfoot 4x4, Inc. for temporary restraining order Plaintiff's Renewed 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 |
| 06/27/2024 | MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 06/18/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order 29 finding that Plaintiff had failed to meet its burden of establishing that permissive joinder of 220 defendants in this case was proper under Fed. R. Civ. P. 20(a)(2). The Court pointed out that it was not persuaded by Plaintiff's contention that joinder was proper because the screenshot evidence shows the defendants were working in a similar manner during the same time period selling infringing products. Plaintiff was granted leave to file an amended complaint and amended Schedule A consistent with that ruling. In response, Plaintiff filed 31 an amended Schedule A listing 34 defendants and attached a supplement to its pending TRO motion specifically identifying the relevant pages where evidence pertaining to each amended Schedule A defendant can be found in the prior voluminous submissions. Plaintiff also filed an amended complaint 30 which is nearly identical in substance to its original complaint. Plaintiff's amended complaint alleges that "Defendant Internet Stores share unique identifiers, such as design elements and similarities of the counterfeit products offered for sale." Further, Plaintiff contends that Defendants utilize "identical layouts" and share "notable common features, including use of the same online marketplace account registration patters, unique shopping cart platforms, similar payment and check-out methods, meta data, illegitimate SEO tactics, HTML user-defined variables, domain redirection, lack of contact information, identically or similarly priced items and volume sales discounts, similar hosting services, similar name servers, and the use of the same text and images." Finally, Plaintiff alleges "on information and belief" that "Defendants are in constant communication with each other and regularly participate in QQ.com chat rooms." Plaintiff presumably contends that such similarities support its contention that Defendants' actions arise out of the same transaction, occurrence, or series of transactions or occurrences, but the Court remains unconvinced. See Viking Arm AS v. P'ships & Unincorporated Ass'ns Identified on Schedule A, No. 24 C 1566, 2024 WL 2953105, at *3 (N.D. Ill. June 6, 2024) (finding that plaintiff had merely identified a "small subset of the 181 defendants who are copycats of Plaintiff's style and each other, but that does not make them all partners in collusion) (emphasis in original); Bailie, et al. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, No. 24 C 2150, 2024 WL 2209698, at *5 (N.D. Ill. May 15, 2024) (finding use of same images and similar product titles and descriptions insufficient to support joinder); Ilustrata Servicos Design, Ltd. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, No. 21 C 5993, 2021 WL 5396690, at * 2 (Nov. 18, 2021) (holding that plaintiff's speculation that defendants were interrelated because they shared notable features "including use of the user name registration patterns, unique shopping cart platforms, accepted payment methods, check-out methods, meta data, illegitimate SEO tactics, HTML user-defined variables, lack of contact information, identically or similarly priced items and volume sales discounts, similar hosting services, similar name servers, and the use of the same text and images" did not support joinder); Bose Corp. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 511, 514 (N.D. Ill. Fed. 19, 2020) (holding that even if defendants were selling the same products and defendants' webpages were identical "that would not overcome the likelihood that Defendants are just copycats" and that an allegation that defendants communicate through chat rooms and website based on "information and belief," without connecting any defendants to such chat rooms or websites, is insufficient to support joinder). Because Plaintiff has failed to cure the misjoinder here, the Court exercises its discretion to do so. Therefore, the Court dismisses Defendants 16, 26, 28, 30, 31, 32, 36, 40, 44, 54, 55, 63, 65, 73, 74, 76, 79, 82, 86, 87, 94, 95, 98, 103, 185, 188, 194, 200, 205, 208, 212, 214, and 220 without prejudice for improper joinder. This action will proceed as to Defendant 3 only. 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 12 as to all defendants is terminated as moot. By 6/27/24, Plaintiff may file a renewed TRO motion as to Defendant 3, whose identity shall remain under seal until that date. If Plaintiff does not request further relief as to Defendant 3, all previously sealed documents will be unsealed, and this case may be dismissed for want of prosecution. Mailed notice. |
| 06/14/2024 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Supplement to Pending TRO |
| 06/14/2024 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Amended Schedule A |
| 06/14/2024 | AMENDED complaint by Bigfoot 4x4, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 附件： 1:(Exhibit 1) |
| 06/06/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff Bigfoot 4x4 filed this trademark infringement action 1 against 220 defendants, alleging infringement of its trademark for BIGFOOT branded products, including monster trucks. After the Court questioned whether joinder of all these seemingly unrelated defendants was proper 27, Plaintiff filed a memorandum 28 asserting that, among other reasons, joinder is proper because the screenshot evidence shows the defendants were working in a similar manner during the same time period selling infringing products, thereby establishing a logical relationship. The Court is not persuaded. Indeed, those "coincidentally identical facts" are insufficient to demonstrate that all defendants are a network of infringers. See Tang v. P'ships & Unincorporated Ass'ns Identified on Schedule A, No. 23 C 4587, 2024 WL 68332, at *2 (N.D. Ill. Jan. 4, 2024) (citing In re EMC Corp., 677 F.3d 1351, 1359 (Fed. Cir. 2012)). If the Court adopted Plaintiff's logic, the number of potential defendants who could be joined in each lawsuit would be endless. The absence of a limiting principle would frustrate the purpose of Fed. R. Civ. P. 20(a)(2), which is to ensure that only claims arising from the same transaction or occurrence are litigated in a single action. See Bailie v. P'ships and Unincorporated Ass'ns Identified on Schedule A, No. 24 C 2150, 2024 WL 2209698, at *4 (N.D. Ill. May 15, 2024). Courts do possess "'considerable discretion' and 'flexibility' in determining whether the plaintiff has plausibly alleged such a relationship." Bose Corp. v. P'Ships & Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 511, 513 (N.D. Ill. 2020). Nevertheless, an important consideration in these cases involving hundreds of online marketplaces and sellers whose only sufficiently alleged connection is that they are all accused of selling counterfeit products that infringe upon Plaintiff's intellectual property rights is "whether the permissive joinder of a party will comport with the principles of fundamental fairness." Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) (citing Chavez v. Ill. State Police, 251 F.3d 612, 632 (7th Cir. 2001)). Here, Plaintiff has not come close to satisfying that requirement. Both the complaint allegations and the joinder arguments rely upon conclusory allegations of inter-relatedness which the Court need not accept as true. See Bailie, 2024 WL 2209698, at *3. In sum, joinder of all defendants is not proper. Plaintiff is ordered to file an amended complaint and amended Schedule A consistent with this ruling by 6/14/24. Plaintiff's TRO Motion 12 will remain under advisement. If Plaintiff chooses to proceed with this case, it must file a supplement to the pending TRO motion that specifically identifies the relevant pages where evidence pertaining to each amended Schedule A defendant can be found in the prior voluminous submissions, by 6/14/24, or reattach those pages for ease of court review. Otherwise, the Court will exercise its discretion to sever and/or dismiss parties without prejudice to cure the misjoinder here. See UWM Student Ass'n v. Lovell, 888 F.3d 854, 864 (7th Cir. 2018). Mailed notice |
| 04/15/2024 | MEMORANDUM Plaintiff's Memorandum in Support of Joinder 附件： 1:(Exhibit 1) |
| 04/01/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal 7 is granted. Both Schedule A 8 and Exhibit 2 to the Declaration of Ann C. Trent 14 - 24, shall remain sealed until further court order. Plaintiff names 220 defendants in this single case and seeks ex parte TRO relief against each of them 12. However, after reviewing the complaint 1, the Court questions whether plaintiff has established sufficient grounds for joinder of all defendants under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps. Ltd. Liab. Cos., P'ships and Unincorporated Ass'ns Identified on Schedule "A," 21-cv-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). By 4/15/24, Plaintiff is ordered to file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A defendant to demonstrate that joinder is proper. Alternatively, by the same deadline, plaintiff may file under seal an amended schedule A with a subset of the defendants and an amended declaration that explains how each of these defendants is properly joined with each other. Any amended declaration must attach labeled exhibits that contain screenshots or other information specific only to the defendants listed on any amended Schedule A. Plaintiff's motion for leave to file excess pages 11 is granted. The motion for a TRO 12 will remain under advisement until the joinder issue is resolved. No appearance is necessary on 4/2/24. Emailed notice. |
| 03/28/2024 | NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 12, motion for leave to file excess pages 11, motion to seal document 7 before Honorable LaShonda A. Hunt on 4/2/2024 at 10:00 AM. |
| 03/28/2024 | Notice of Claims Involving Trademarks by Bigfoot 4x4, Inc. |
| 03/28/2024 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 11 of Trent Declaration |
| 03/28/2024 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 10 of Trent Declaration |
| 03/28/2024 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 9 of Trent Declaration |
| 03/28/2024 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 8 of Trent Declaration |
| 03/28/2024 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 7 of Trent Declaration |
| 03/28/2024 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 6 of Trent Declaration |
| 03/28/2024 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 5 of Trent Declaration |
| 03/28/2024 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 4 of Trent Declaration |
| 03/28/2024 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 3 of Trent Declaration |
| 03/28/2024 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 2 of Trent Declaration |
| 03/28/2024 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 1 of Trent Declaration |
| 03/28/2024 | MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for temporary restraining order, 12 附件： 1:Declaration Trent Declaration 2:Exhibit 1 3:Declaration Hierl Declaration 4:Exhibit Hierl Exhibit 1 5:Exhibit Hierl Exhibit 2 6:(Exhibit Hierl Exhibit 3) |
| 03/28/2024 | MOTION by Plaintiff Bigfoot 4x4, Inc. 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 |
| 03/28/2024 | MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 03/28/2024 | 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. |
| 03/28/2024 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). |
| 03/28/2024 | ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by John Wilson |
| 03/28/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bigfoot 4x4, Inc. |
| 03/28/2024 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Sealed Schedule A |
| 03/28/2024 | MOTION by Plaintiff Bigfoot 4x4, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal |
| 03/28/2024 | ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by John Wilson |
| 03/28/2024 | ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Robert Payton Mcmurray |
| 03/28/2024 | ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by William Benjamin Kalbac |
| 03/28/2024 | ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Michael A. Hierl |
| 03/28/2024 | CIVIL Cover Sheet |
| 03/28/2024 | COMPLAINT filed by Bigfoot 4x4, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21792932. 附件： 1:(Exhibit 1) |
