最近更新:2024-12-25
更新

2024-cv-01751

Merch Traffic, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:03/01/2024

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
05/22/2024 MAILED original ten-thousand-dollar ($10,000) surety bond posted by Greer, Burns & Crain, Ltd. Greer, Burns & Crain, Ltd., 300 S. Wacker Dr. Suite 2500, Chicago, IL 60606 via certified mail # 7022 3330 0001 8848 9505.
05/03/2024 DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 5/3/2024. Mailed notice
05/03/2024 ORDER: No remaining defendant has appeared or responded to plaintiff's motion for entry of default and default judgment 36. The motion 36 is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $500,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten-thousand- dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Greer, Burns & Crain, Ltd., 300 S. Wacker Dr. Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 5/3/2024. Mailed notice
05/03/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 45 is granted. Defendant No. 21 Durcoo is terminated. Plaintiff has already filed an amended Schedule A on the docket 46.
05/02/2024 AMENDED exhibit[2] Amended Schedule A
05/02/2024 MOTION by Plaintiff Merch Traffic, LLC for Leave to Amend Schedule A to the Complaint Instanter
05/01/2024 MINUTE entry before the Honorable Martha M. Pacold: Defendant Durcoo's opposed motion for a first extension of time to answer or otherwise respond to plaintiff's complaint [43] is granted over objection. Defendant may file an answer or otherwise responsive pleading by 5/9/2024. In addition, by 5/9/2024, plaintiff and defendant Durcoo are directed to file a joint status report on how they seek to proceed with this case.
04/29/2024 MOTION by Defendant Durcoo for extension of time to file answer regarding complaint[1] or otherwise resopnd (opposed)
04/25/2024 CERTIFICATE of Service by Plaintiff Merch Traffic, LLC regarding set motion and R&R deadlines/hearings, 41
附件:
1:(Exhibit A)(Faria De Souza, Luana)
04/25/2024 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 36 must enter an appearance and file a written objection by 5/6/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
04/25/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 34 is granted. Defendants No. 16 A2EQ6CP6XI8Y5U, No. 18 Bengenitr, No. 19 Chris Gondos, No. 23 Helga Diesch, No. 24 hiertyerty, and No. 26 Justin Birchard are terminated. Plaintiff has already filed an amended Schedule A on the docket 35.
04/24/2024 ATTORNEY Appearance for Defendant Durcoo by Steven G Kalberg
04/23/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[37]
附件:
1:Exhibit 1
04/23/2024 MEMORANDUM by Merch Traffic, LLC in support of motion for entry of default, motion for default judgment[36]
附件:
1:Exhibit 1
04/23/2024 MOTION by Plaintiff Merch Traffic, LLC for entry of default, MOTION by Plaintiff Merch Traffic, LLC for default judgment as to all Defendants
附件:
1:Exhibit A
04/23/2024 AMENDED exhibit[2] Amended Schedule A
04/23/2024 MOTION by Plaintiff Merch Traffic, LLC for Leave to Amend Schedule A to the Complaint Instanter
04/10/2024 NEW PARTIES: dasrt Store, Dlyta Store, Happy Art Store, High end clothing Y5 Store, HuaYiting Store, Nusal Store, Personalized Menswear Store, ROCKSIR-Clothing Store, Shop1102659682 Store, Shop1102815325 Store, Shop1102826832 Store, Shop1102855756 Store, Shop1102996660 Store, Small Dimples Store, Vddfg Store, A2EQ6CP6XI8Y5U, Alec Sarwas, Bengenitr, Chris Gondos, dary smith, Durcoo, haaoppny, Helga Diesch, hiertyerty, Juan velazquez, Justin Birchard, Kelsey Prescott, KRIS ANDERSON, Lori Pierce, Mark Younker, Nathan Berns, shaoshanshimenggebaihuojingyingbu, songyuanshiweiyikejiyouxiangongsi, TroakovaFF, foshoute, hgui, muue, tianyuxi, cvdfgcv, gaozhiyuan7890, Great jade industry, Gruomen Lomost susan permest, hanwenlan47049, rongshuli7755 and yqys added to case caption.
04/10/2024 ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 4/10/2024: Mailed notice
04/10/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 4/10/2024:
04/10/2024 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction 24. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction 24 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.
04/08/2024 ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Luana Faria De Souza (Faria De Souza, Luana)
03/27/2024 SUMMONS Returned Executed by Merch Traffic, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/27/2024, answer due 4/17/2024.
附件:
1:Declaration of Kahlia R. Halpern
2:(Exhibit A)
03/20/2024 CERTIFICATE of Service by Plaintiff Merch Traffic, LLC regarding set motion and R&R deadlines/hearings, 27
附件:
1:(Exhibit A)
03/20/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 24 under advisement and will consider the motion unopposed if no defendant appears and objects by 4/4/24. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's orders entering the TRO and plaintiff's memorandum in support of its motion for preliminary injunction 25, the TRO is further extended to and including the date on which the court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under 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.
03/19/2024 SUMMONS Returned Executed by Merch Traffic, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/19/2024, answer due 4/9/2024.
附件:
1:Declaration of Kahlia R. Halpern
2:Exhibit A
03/19/2024 MEMORANDUM by Merch Traffic, LLC in support of motion for preliminary injunction[24]
附件:
1:Declaration of Justin T. Joseph
2:Exhibit 1
03/19/2024 MOTION by Plaintiff Merch Traffic, LLC for preliminary injunction as to Certain Defendants
附件:
1:Exhibit A
03/12/2024 SURETY BOND in the amount of $ 10,000 posted by Merch Traffic, LLC (Document not scanned.)
03/10/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A. (evw,)
03/08/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/8/2024:
03/08/2024 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal [3], for electronic service of process [18], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [13] are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 genuinely intends to 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. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.
03/07/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]
附件:
1:Exhibit 1
2:Exhibit 2
03/07/2024 MEMORANDUM by Merch Traffic, LLC in support of motion for miscellaneous relief[18]
03/07/2024 MOTION by Plaintiff Merch Traffic, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
03/07/2024 SEALED EXHIBIT by Plaintiff Merch Traffic, LLC Exhibit 2 - Parts 1-2 regarding declaration[16]
03/07/2024 DECLARATION of Emily Holt regarding memorandum in support of motion[14]
附件:
1:Exhibit 1
03/07/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
03/07/2024 MEMORANDUM by Merch Traffic, LLC in support of motion for temporary restraining order[13]
03/07/2024 MOTION by Plaintiff Merch Traffic, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
03/04/2024 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
03/04/2024 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
03/04/2024 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2).
03/04/2024 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.
03/01/2024 ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Kahlia Roe Halpern
03/01/2024 ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Justin Tyler Joseph
03/01/2024 ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Amy Crout Ziegler
03/01/2024 ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Justin R. Gaudio
03/01/2024 Notice of Claims involving Trademarks by Merch Traffic, LLC
03/01/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Merch Traffic, LLC
03/01/2024 CIVIL Cover Sheet
03/01/2024 MOTION by Plaintiff Merch Traffic, LLC for leave to file under Seal
03/01/2024 SEALED EXHIBIT by Plaintiff Merch Traffic, LLC Schedule A regarding complaint 1
03/01/2024 COMPLAINT filed by Merch Traffic, LLC; Filing fee $ 405, receipt number AILNDC-21696596.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)

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