最近更新：2024-12-25
2024-cv-02884
| 日期 | 描述 |
|---|---|
| 06/27/2024 | ENTERED JUDGMENT Signed by the courtroom deputy on 06/27/2024. Emailed notice |
| 06/27/2024 | FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 06/27/2024. Emailed notice |
| 06/27/2024 | MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely response to the complaint, the motion for default judgment 36 is granted in part. Judgment entered in favor of the Plaintiff and against the Defendant in the amount of seventy-five thousand dollars ($75,000). The request for $2,000,000 is rejected. Permanent injunction entered given the willfulness established by the default, which deems the factual allegations as true. A separate AO-450 judgment shall be entered. The tracking status hearing of 06/28/2024 is granted. The utility-patent claims are dismissed without prejudice. Civil case terminated. Emailed notice |
| 06/20/2024 | MINUTE entry before the Honorable Edmond E. Chang: The motion for default judgment is under advisement. The tracking status hearing of 06/21/2024 is reset to 06/28/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 06/17/2024 | MINUTE entry before the Honorable Edmond E. Chang: On the default-judgment motion [36], the notice of motion for 06/18/2024 is vacated and the Court takes the motion under advisement. Emailed notice |
| 06/13/2024 | NOTICE of Motion by Joel Benjamin Rothman for presentment of motion for default judgment[36] before Honorable Edmond E. Chang on 6/18/2024 at 08:30 AM. |
| 06/13/2024 | MEMORANDUM by Stache Products, LLC in support of motion for default judgment[36] |
| 06/13/2024 | MOTION by Plaintiff Stache Products, LLC for default judgment as to |
| 05/30/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Stache Products, LLC |
| 05/20/2024 | ORDER OF PRELIMINARY INJUNCTION Signed by the Honorable Edmond E. Chang on 05/20/2024. Emailed notice |
| 05/20/2024 | MINUTE entry before the Honorable Edmond E. Chang: In light of the circumstances that justified entry of the TRO, the motion for preliminary injunction 30 is granted. Based on the proof of service, R. 28, the answer deadline is 06/03/2024. The tracking status hearing of 05/24/2024 is reset to 06/21/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 06/13/2024. If the Defendants do not answer on time, then they are deemed to be in default and the Plaintiff shall file a motion for default judgment in a sum certain by 06/13/2024. Emailed notice 附件： 1:(Status Report Requirements) |
| 05/17/2024 | NOTICE of Motion by Joel Benjamin Rothman for presentment of motion for preliminary injunction 30 before Honorable Edmond E. Chang on 5/22/2024 at 08:30 AM. |
| 05/17/2024 | MEMORANDUM by Stache Products, LLC in support of motion for preliminary injunction 30 |
| 05/17/2024 | MOTION by Plaintiff Stache Products, LLC for preliminary injunction |
| 05/10/2024 | SURETY BOND in the amount of $ 5,000.00 posted by Stache Products, LLC. (Document not imaged) |
| 05/16/2024 | Proof of Service of Amended Complaint (ECF 20) as to Defendant HANGZHOU TENGTU RADIANT GLASS CO. LTD by Stache Products, LLC |
| 05/15/2024 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion to unseal case and to remove pseudonym [26] is granted. The Clerk's Office shall unseal all filings. The unsealing of R. 20 should allow the Plaintiff to promptly file the proof of service. The Clerk's Office shall edit the Case Short Title plaintiff to be Stache Products, LLC rather than DEF LLC. Emailed notice |
| 05/14/2024 | MOTION by Plaintiff DEF LLC to unseal case And Proceed Under Correct Party Name |
| 05/13/2024 | SUMMONS Issued as to Defendant The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A |
| 05/07/2024 | ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR ENTRY OFTEMPORARY RESTRAINING ORDER, FOR EXPEDITED DISCOVERY, ANDSERVICE OF PROCESS BY E-MAIL AND/OR ELECTRONIC PUBLICATION Signed by the Honorable Edmond E. Chang on 05/07/2024. Emailed notice |
| 05/07/2024 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 21 for temporary restraining order and other relief is granted for the most part. An order will be entered under seal separately. *****For reference in future cases: (a) the Plaintiff's counsel should run a redline against the proposed TRO to see where the edits are, which would likely be made in future cases in any event; (b) in part, there is no need to include the effusive praise of the Plaintiff's products in a TRO order; (c) the list of restrained individuals and entities must be limited to those in Civil Rule 65(d)(2); (d) only the trademark and design-patent claims warrant a TRO (it is much too difficult to discern utility-patent likelihood of success based on images); and (e) initial TROs are limited to 14 days.***** Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. By 05/14/202, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the name of Defendant and omitting Amended Schedule A, and for now redacting the Plaintiff's name). The Plaintiff's motion 21 for electronic service of process is granted. The tracking status hearing of 05/17/2024 is reset to 05/24/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 05/17/2024. Emailed notice |
| 05/07/2024 | NOTICE of Motion by Joel Benjamin Rothman for presentment of Sealed motion 21 before Honorable Edmond E. Chang on 5/13/2024 at 08:30 AM. |
| 05/07/2024 | SEALED DOCUMENT by Plaintiff DEF LLC Memorandum of Law ISO Plaintiff's Motion for Entry of Temporary Restraining Order and Alternative Service of Process 附件： 1:Declaration of Plaintiff 2:Exhibit 1 to the Declaration of Plaintiff 3:Declaration of JBR 4:(Exhibit 1 to the Declaration of JBR - Hague Service Convention) |
| 05/07/2024 | SEALED MOTION by Plaintiff DEF LLC for Entry of Temporary Restraining Order and Alternative Service of Process |
| 05/03/2024 | SEALED DOCUMENT by Plaintiff DEF LLC Amended Complaint 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:(Exhibit 6) |
| 04/30/2024 | MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's joinder memorandum, joinder is not satisfied by Civil Rule 20(a), as explained in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 18789 (N.D. Ill. 2020). Although Estee Lauder analyzed joinder in a trademark-infringement case, the principles apply equally well to the utility-patent and design-patent claims in this case. See id. at 187 (citing patent-infringement cases). The Plaintiff first contention is that all of the Defendants sell the same product, R. 18 at 3, but that is insufficient by itself. 334 F.R.D. at 187. Next, the Plaintiff argues that 39 of the Defendants "share similar webpage design," provide "similar descriptions" of the products, and are being sold at "similar prices." Id. But the Plaintiff provides only a scattershot explanation of the alleged similarities. The Plaintiff first asserts that the Defendants use a "variation" of the "same exact" advertising images. R. 18 at 4. The term "variation" of "same exact" images is an oxymoron, and the images in fact are not the same. Nor is it surprising that the images look generally alike (though not exactly the same, and not even the same color) in a design-patent case. The Plaintiff goes on to say that the "same images," R. 4 at 5, are used by four of the Defendants, but does not then set forth the images in the filing, and does not cite to the specific parts of the docket where they can be found. The filing then says that 32 out of the 41 storefronts use the "same" or **"variations"** of a particular description, emphasizing the trademark is used in all of them. Again, the alleged infringement of a trademark is not enough by itself to join all alleged infringers. And the "variations" hedge is not further explained in the filing, nor are there citations to specific parts and pages of the docket to find the descriptions (presumably amidst the 176 pages in R. 16-2). Joinder is rejected, and the Plaintiff shall file an Amended Complaint and an Amended Schedule A limited to one Defendant by 05/07/2024. The pending motion 15 16 for TRO is denied without prejudice to refiling a TRO motion, on 05/10/2024, specific to the one Defendant after the filing of the Amended Complaint and the Amended Schedule A (which may be filed under seal for now). The tracking status hearing of 05/03/2024 is reset to 05/17/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 04/29/2024 | SEALED DOCUMENT by Plaintiff DEF LLC Memorandum In Support Of Joinder |
| 04/29/2024 | NOTICE of Motion by Joel Benjamin Rothman for presentment of Sealed motion[15] before Honorable Edmond E. Chang on 5/7/2024 at 08:30 AM. |
| 04/29/2024 | SEALED DOCUMENT by Plaintiff DEF LLC Memorandum of Law ISO Plaintiff's Motion for Entry of Temporary Restraining Order and Alternative Service of Process 附件： 1:Declaration of Plaintiff 2:Exhibit 1 to the Declaration of Plaintiff (DOE 1 to 41) 3:Declaration of JBR 4:(Exhibit 1 to the Declaration of JBR - Hague Service Convention) |
| 04/29/2024 | SEALED MOTION by Plaintiff DEF LLC for Entry of Temporary Restraining Order and Alternative Service of Process |
| 04/26/2024 | MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion to exceed page limit in its motion for TRO 13 is granted. Emailed notice |
| 04/25/2024 | MOTION by Plaintiff DEF LLC for leave to file excess pages |
| 04/16/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 04/15/2024 | MINUTE entry before the Honorable Edmond E. Chang: On review of the complaint and Schedule A, the Court raises the propriety of joinder of the 41 named Defendants. The Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and file a supplemental memorandum addressing the propriety of joinder by 04/29/2024. In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a detailed memo explaining why joinder of those defendants is proper. On review of the Plaintiff's motion to seal and to proceed under pseudonym, R. 7, the motion [7] is granted this time. The under-seal aspect as to Schedule A, that is, the identity of the Defendants is warranted because of the goal of asset restraint and the probability that the Defendants would transfer assets if they were to learn of the lawsuit against them, and explicitly naming those Defendants would pose that risk. The authorization of a pseudonym is a much closer question, given the general ban on party pseudonyms under Federal Rule of Civil Procedure 10(a). The exceptions to the general ban are quite narrow. See Doe v. Blue Cross & Blue Shield United of Wisc., 112 F.3d 869, 872 (7th Cir. 1997). Having said that, given the evidence of the online services that identify counterfeit-trademark litigation in particular and that seek to warn defendants of the lawsuits so that transfer of assets may be accomplished, R. 9 at 5, ("withdraw money as soon as possible!"), the motion [7] is granted for this case. It is not 100% clear that most online sellers are monitoring the online services, but the request to proceed under a pseudonym is limited in time, until the service and effectuation of the TRO (if one is granted) or until the risk of transfer subsides for some other reason. The Plaintiff shall promptly move to unseal all filings after the effectuation of the TRO (again, if one is granted). To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 05/03/2024 at 8:30 a.m. Emailed notice |
| 04/15/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA. |
| 04/12/2024 | MEMORANDUM by DEF LLC in support of motion for leave to file[7] Certain Documents Under Seal and to Proceed Under a Pseudonym Temporarily 附件： 1:Declaration JBR ISO Plaintiff's Ex Parte Motion for Leave to File Certain 2:Exhibit 1 3:Exhibit 2 4:Exhibit 3 5:Exhibit 4 6:Exhibit 5 |
| 04/12/2024 | NOTICE of Motion by Joel Benjamin Rothman for presentment of motion for leave to file[7] before Honorable Edmond E. Chang on 4/17/2024 at 08:30 AM. |
| 04/12/2024 | MOTION by Plaintiff DEF LLC for leave to file Certain Documents Under Seal and to Proceed Under a Pseudonym Temporarily |
| 04/11/2024 | MAILED Trademark request letter to counsel of record. |
| 04/11/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 04/10/2024 | SEALED DOCUMENT by Plaintiff DEF LLC COMPLAINT 附件： 1:Schedule A 2:Exhibit 1 3:Exhibit 2 4:Exhibit 3 5:Exhibit 4 6:Exhibit 5 7:(Exhibit 6) |
| 04/11/2024 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2). |
| 04/10/2024 | ATTORNEY Appearance for Plaintiff DEF LLC by Jay Campbell Miller |
| 04/10/2024 | ATTORNEY Appearance for Plaintiff DEF LLC by Joel Benjamin Rothman |
| 04/10/2024 | COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF filed by DEF LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-21839230. 附件： 1:Civil Cover Sheet |
