最近更新:2024-12-25
更新

2024-cv-01234

Koninklijke Philips N.V. v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:02/13/2024

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
05/14/2024 RETURN of U.S. Post Office Receipt, article no. 7001 2510 0005 7681 6498. (Received by mail in the Clerk's Office on 05/14/24) Modified on 5/14/2024.
04/22/2024 MAILED original ten-thousand-dollar ($10,000) surety bond posted by Koninklijke Philips N.V. to Greer Burns & Crain Ltd 300 South Wacker Drive Suite 2500 Chicago, IL 60606 via certified mail # 7001 2510 0005 7681 6498.
04/22/2024 MAILED trademark report to Patent Trademark Office, Alexandria VA
04/19/2024 DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 4/19/2024. Emailed notice.
04/19/2024 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 [38] 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 $30,000 is an appropriate award of statutory damages against each remaining defendant. Enter Final Judgment Order. Civil case terminated. Emailed notice.
04/03/2024 CERTIFICATE of Service by Plaintiff Koninklijke Philips N.V. regarding terminate hearings, set motion and R&R deadlines/hearings, 42
附件:
1:(Exhibit A)
04/03/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment 38 against the remaining defendants identified in Amended Schedule A [38-1]. 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 4/17/24. 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. No appearance is necessary on 4/9/24. Emailed notice.
04/02/2024 NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for entry of default, motion for default judgment[38] before Honorable LaShonda A. Hunt on 4/9/2024 at 10:00 AM.
附件:
1:Exhibit A
04/02/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[39]
附件:
1:Exhibit 1
04/02/2024 MEMORANDUM by Koninklijke Philips N.V. in support of motion for entry of default, motion for default judgment[38]
附件:
1:Exhibit 1
04/02/2024 MOTION by Plaintiff Koninklijke Philips N.V. for entry of default, MOTION by Plaintiff Koninklijke Philips N.V. for default judgment as to all Defendants
附件:
1:Exhibit A
03/22/2024 NEW PARTIES: ZunBao added to case caption.
03/21/2024 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 [35]. Summons were executed on 3/1/24, and Defendants' responses to the complaint are due by 3/22/24 [31]. By 4/22/24, 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. Mailed notice
03/21/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 3/21/2024. Mailed notice
03/21/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction [28], which the Court now considers unopposed because no Defendant filed a notice of objection by the 3/20/24 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 [26], 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. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A [22] are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Mailed notice
03/21/2024 ATTORNEY Appearance for Plaintiff Koninklijke Philips N.V. by Rachel S Miller
03/04/2024 CERTIFICATE of Service by Plaintiff Koninklijke Philips N.V. regarding set motion and R&R deadlines/hearings, 32
附件:
1:(Exhibit A)
03/04/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction 28 is taken under advisement. A telephonic motion hearing is set for 3/21/24, at 9:30 AM. 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 3/20/24 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 3/6/24. Emailed notice.
03/01/2024 SUMMONS Returned Executed by Koninklijke Philips N.V. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/1/2024, answer due 3/22/2024.
附件:
1:Declaration of Quinn B. Guillermo
2:(Exhibit A)
03/01/2024 NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for preliminary injunction 28 before Honorable LaShonda A. Hunt on 3/6/2024 at 10:00 AM.
附件:
1:(Exhibit A)
03/01/2024 MEMORANDUM by Koninklijke Philips N.V. in support of motion for preliminary injunction 28
附件:
1:Declaration of Kahlia R. Halpern
2:(Exhibit 1)
03/01/2024 MOTION by Plaintiff Koninklijke Philips N.V. for preliminary injunction
附件:
1:(Exhibit A)
02/22/2024 SURETY BOND in the amount of $ 10,000 posted by Koninklijke Philips N.V. (Document not Imaged)
02/21/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
02/21/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 2/21/2024. Emailed to Plaintiff's counsel.
02/21/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery [11] is granted. Plaintiff's Motion for Electronic Service of Process [16] 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 $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 2/27/24. Emailed notice.
02/20/2024 RE- NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[16], motion for temporary restraining order[11] before Honorable LaShonda A. Hunt on 2/27/2024 at 10:00 AM.
02/20/2024 SEALED EXHIBIT by Plaintiff Koninklijke Philips N.V. Amended Exhibit 2 Part 1 regarding declaration[14]
02/20/2024 SEALED EXHIBIT by Plaintiff Koninklijke Philips N.V. Amended Schedule A regarding amended complaint[21]
02/20/2024 AMENDED complaint by Koninklijke Philips N.V. against The Partnerships and Unincorporated Associations Identified on Schedule A
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
02/16/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal 3 is granted. Both Schedule A 2 and Exhibit 2 to the Declaration of Jan De Visser 15 shall remain sealed until further court order. Plaintiff names 42 defendants in this single case and seeks ex parte TRO relief against each of them 11. 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 3/1/24, 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 amended Schedule A. Plaintiff's Motion for Temporary Restraining Order 11 and Motion for Electronic Service of Process 16 are taken under advisement until the joinder issue is resolved. No appearance is necessary on 2/21/24. Emailed notice.
02/15/2024 NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[16], motion for temporary restraining order[11], motion for leave to file[3] before Honorable LaShonda A. Hunt on 2/21/2024 at 10:00 AM.
02/15/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17]
附件:
1:Exhibit 1
2:Exhibit 2
02/15/2024 MEMORANDUM by Koninklijke Philips N.V. in support of motion for miscellaneous relief[16]
02/15/2024 MOTION by Plaintiff Koninklijke Philips N.V. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
02/15/2024 SEALED EXHIBIT by Plaintiff Koninklijke Philips N.V. Exhibit 2 - Parts 1-8 regarding declaration[14]
02/15/2024 DECLARATION of Jan de Visser regarding memorandum in support of motion[12]
附件:
1:Exhibit 1
02/15/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
02/15/2024 MEMORANDUM by Koninklijke Philips N.V. in support of motion for temporary restraining order[11]
02/15/2024 MOTION by Plaintiff Koninklijke Philips N.V. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
02/13/2024 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.
02/13/2024 CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2).
02/13/2024 ATTORNEY Appearance for Plaintiff Koninklijke Philips N.V. by Quinn Bradley Guillermo
02/13/2024 ATTORNEY Appearance for Plaintiff Koninklijke Philips N.V. by Kahlia Roe Halpern
02/13/2024 ATTORNEY Appearance for Plaintiff Koninklijke Philips N.V. by Amy Crout Ziegler
02/13/2024 ATTORNEY Appearance for Plaintiff Koninklijke Philips N.V. by Justin R. Gaudio
02/13/2024 Notice of Claims involving Trademarks by Koninklijke Philips N.V.
02/13/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Koninklijke Philips N.V.
02/13/2024 CIVIL Cover Sheet
02/13/2024 MOTION by Plaintiff Koninklijke Philips N.V. for leave to file under Seal
02/13/2024 SEALED EXHIBIT by Plaintiff Koninklijke Philips N.V. Schedule A regarding complaint[1]
02/13/2024 COMPLAINT filed by Koninklijke Philips N.V.; Filing fee $ 405, receipt number AILNDC-21635946.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

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