最近更新:2024-12-25
更新

2023-cv-15435

Gulan v The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint

日期:10/30/2023

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
03/14/2024 MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 90, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant No. 78. Mailed notice
03/12/2024 FULL SATISFACTION of Judgment regarding order[89] in the amount of $330,273.34 as to DOE 78
03/12/2024 DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 3/12/2024. Mailed notice
03/12/2024 MINUTE entry before the Honorable John J. Tharp, Jr:No defendant having objected, the plaintiff's motion for default judgment [81] is granted. Enter default judgment order. Civil case terminated. Mailed notice
03/09/2024 AFFIDAVIT by Plaintiff Gulan Liao in Support of MOTION by Plaintiff Gulan Liao for default judgment as to Defaulting Defendants 81
03/07/2024 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment [81] is taken under advisement. Any objections or responses are due by 3/19/24. The plaintiff is directed to provide defendants with notice of the default proceedings against them by 3/11/24. To effectuate that notice, the Court directs the plaintiff to (1) update the website through which it has been publishing information about the case to provide notice of its motion for entry of default and default judgment, as well as the deadline to object set forth in this order and (2) sending an email to the email addresses provided for the defendants by third parties (or otherwise obtained by the plaintiff) informing them of the default proceedings against them and containing a link to the updated website. Mailed notice
03/07/2024 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal [84] and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 59 is dismissed from this case. Mailed notice
10/30/2023 NEW PARTIES: Gulan Liao added to case caption. Terminating Liao Gulan
03/06/2024 NOTICE of Voluntary Dismissal by Gulan Liao as to DOE 59
03/01/2024 AFFIDAVIT by Plaintiff Gulan Liao in Support of MOTION by Plaintiff Gulan Liao for default judgment as to Defaulting Defendants 81
03/01/2024 MEMORANDUM motion for default judgment 81 by Gulan Liao
03/01/2024 MOTION by Plaintiff Gulan Liao for default judgment as to Defaulting Defendants
02/22/2024 MINUTE entry before the Honorable John J. Tharp, Upon receipt of the plaintiff's notice of voluntary dismissal 79 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 71 is dismissed from this case. Jr: Mailed notice
02/21/2024 NOTICE of Voluntary Dismissal by Gulan Liao as to DOE 71
02/12/2024 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 77 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 77 is dismissed from this case. Mailed notice
02/09/2024 NOTICE of Voluntary Dismissal by Gulan Liao as to DOE 60
02/05/2024 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 75 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 18 is dismissed from this case. Mailed notice
02/02/2024 NOTICE of Voluntary Dismissal by Gulan Liao as to DOE 18
01/24/2024 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 73 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 25 is dismissed from this case. Mailed notice
01/23/2024 NOTICE of Voluntary Dismissal by All Plaintiffs DOE 25
01/23/2024 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 70 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 9 is dismissed from this case. Mailed notice
01/22/2024 ATTORNEY Appearance for Plaintiff Gulan Liao by Shengmao Mu
01/22/2024 NOTICE of Voluntary Dismissal by All Plaintiffs DOE 9
01/17/2024 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 68 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 19 and 28 are dismissed from this case. Mailed notice
01/12/2024 NOTICE of Voluntary Dismissal by All Plaintiffs DOE 28 and DOE 19
01/10/2024 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notices of voluntary dismissal 63 65 66 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 7, 11, and 23 are dismissed from this case. The plaintiff is advised that a notice of voluntary dismissal may encompass multiple defendants; it is not necessary to file separate notices for different defendants. Mailed notice
01/09/2024 NOTICE of Voluntary Dismissal by All Plaintiffs DOE 11
01/09/2024 NOTICE of Voluntary Dismissal by All Plaintiffs DOE 23
01/09/2024 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 62 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 22 is dismissed from this case. Mailed notice
01/09/2024 NOTICE of Voluntary Dismissal by All Plaintiffs DOE 7
01/08/2024 NOTICE of Voluntary Dismissal by Gulan Liao DOE 22
01/04/2024 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notices of voluntary dismissal 59 60 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants numbers 164 and 16 are dismissed from this case. Mailed notice
01/03/2024 NOTICE of Voluntary Dismissal by All Plaintiffs DOE 14
01/03/2024 NOTICE of Voluntary Dismissal by Gulan Liao DOE 16
01/02/2024 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 56 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 29 is dismissed from the case. Mailed notice
12/28/2023 ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice.
12/27/2023 NOTICE of Voluntary Dismissal by Gulan Liao DOE 29
12/21/2023 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notices of voluntary dismissal 53 54 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 10, 12, and 24 are dismissed from this case. Mailed notice
12/20/2023 NEW PARTIES: Minaduo Toys & Games, ZhuangYu General, LSjueli Tools & Home Improvement, TANSAR, STWNXWJ Toys & Games, Jingmao Toys & Games, Huipaiwu, Joelion Technology Co., Ltd., KUNMINGLITINGXIANGDIANZISHANGWUYOUXIANGONGSI, Nangong Pingrong Clothing Co., Ltd, NB, SRM LINK, Swarz, BT-Baby Products Store, FUJFGH Yatstar Store, Haifeng Online Store, Hairun Global Store, Home Credi Store, Hywio 508 Store, Original Anime Plush Store, Pankeda Toy Store, Quality rice Store, Shop1102420426 Store, Shop1102441546 Store, Shop1102913686 Store, Shop1102914269 Store, Shop910320290 Store, STEM Educational Toys Store, Toys Walk Around Store, YouZi Infant Clothes Store, Yue Yueying Store, Yuhaohui Store, Changsha Monkey Toys Co., Ltd., Henan Chengshan Network Technology Co., Ltd., Jinhua Heyuan Technology Co., Ltd., Linyi Yiqi International Trade Co., Ltd., Nanchang Monse Import And Export Company Limited, Nanjing Zestful International Trade Co., Ltd., Ningbo Thunder Break International Trade Co., Ltd., Shantou Chenghai District Haitong Zhiqu Toy Store, Shenzhen Aisuosi Innovation Technology Co., Ltd., Shenzhen Baida Yite Trade Co., Ltd., Shenzhen Diledo Technology Co., Ltd., Shenzhen Merrycoo Industrial Co., Ltd., Shenzhen Pangniu Technology Limited, Shenzhen Youfang Industry Co., Ltd., Xi'an Golden Spider E-Commerce Co., Ltd., Yiwu Shanrun Toy Co., Ltd., Yiwu Yelu E-commerce Co., ltd, Yuyao Aggpo Electronic Technology Co., Ltd., aifulin-y, Automotive envoy, lingofoto, mus_437683, reading119, repair2023, rlchargerzi, rnu-ultimate-store, yenseller2012, tkfyp.com, fyptoys.shop and ksasmile.com added to case caption.
12/20/2023 NEW PARTIES: Aisite-US, BIXKO TECHNIAL SERVICES, jigedetoutiao, LADY BOOST, Nagar-US, Purple East, wangShop, Zeseng Store, B RUN, MuLucky, Niuluze, RamGy ALL, SANGRC, The source of the Hezi small, Tianlong toys, Trend Tech, Airdora and SZjinshenghong Toys & Games added to case caption. Terminating THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT
12/20/2023 NOTICE of Voluntary Dismissal by Gulan Liao DOE 10, and 24
12/20/2023 NOTICE of Voluntary Dismissal by Gulan Liao DOE 12
12/18/2023 PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 12/18/2023. Mailed notice
12/18/2023 MINUTE entryOn the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction 42 is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 12/28/23 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4 Mailed notice
12/15/2023 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 49 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 15 is dismissed from this case. Mailed notice
12/14/2023 NOTICE of Voluntary Dismissal by Gulan Liao DOE 15
12/14/2023 AFFIDAVIT by Plaintiff Gulan Liao in Support of MOTION by Plaintiff Gulan Liao for preliminary injunction 42
12/13/2023 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction 42 is taken under advisement. Any objection or response is due before 12/18/23. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed before December 18, 2023. The plaintiff must also provide to each defendant the screenshot evidence of the allegedly infringing product(s) offered and sold by that defendant that Plaintiff has provided to the Court in support of its request for a TRO and/or preliminary injunction. Mailed notice
12/13/2023 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 41 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 21 is dismissed from this case. Mailed notice
12/12/2023 AFFIDAVIT by Plaintiff Gulan Liao in Support of MOTION by Plaintiff Gulan Liao for preliminary injunction 42
12/12/2023 SUMMONS Returned Executed by Gulan Liao as to THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT on 12/12/2023, answer due 1/2/2024.
12/12/2023 MEMORANDUM motion for preliminary injunction 42 by Gulan Liao
12/12/2023 MOTION by Plaintiff Gulan Liao for preliminary injunction
12/12/2023 NOTICE of Voluntary Dismissal by Gulan Liao DOE 21
12/12/2023 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 39 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 17 is dismissed from this case. Mailed notice
12/11/2023 NOTICE of Voluntary Dismissal by Gulan Liao DOE 17
12/11/2023 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 37 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 73 and 74 are dismissed from this case. Mailed notice
12/08/2023 NOTICE of Voluntary Dismissal by Gulan Liao DOE 73 and 74
11/29/2023 EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 11/29/2023. Mailed notice
11/29/2023 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order 32 is granted. Enter order. Mailed notice
11/22/2023 SURETY BOND in the amount of $ 80,000.00 posted by Gulan Liao (Document not scanned).
11/28/2023 MEMORANDUM extension of time 32 by Gulan Liao
附件:
1:(Declaration Mu)
11/28/2023 MOTION by Plaintiff Gulan Liao for extension of time
11/21/2023 SUMMONS Issued as to Defendant THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT
11/20/2023 SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 11/20/2023. Mailed notice
11/20/2023 MINUTE entry before the Honorable John J. Tharp, Jr: On the grounds set forth in the motion, plaintiff's ex parte motion for TRO 17 is granted. Plaintiff's motions for leave to file under seal 3 13 and for electronic service of process 8 19 are granted. Enter temporary restraining order. Mailed notice
11/20/2023 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for leave to file amended schedule A and amended Exhibit 2-1 through 2-5 22 is granted, and the obligation in the show cause order 21 is discharged. Mailed notice
11/16/2023 EXHIBIT 2-5 by Plaintiff Gulan Liao Modified on 12/20/2023.
11/16/2023 EXHIBIT 2-4 by Plaintiff Gulan Liao Modified on 12/20/2023.
11/16/2023 EXHIBIT 2-3 by Plaintiff Gulan Liao Modified on 12/20/2023.
11/16/2023 EXHIBIT 2-2 by Plaintiff Gulan Liao Modified on 12/20/2023.
11/16/2023 EXHIBIT 2-1 by Plaintiff Gulan Liao Modified on 12/20/2023.
11/16/2023 AMENDED SCHEDULE A by Plaintiff Gulan Liao Modified on 12/20/2023.
11/16/2023 MOTION by Plaintiff Gulan Liao for leave to file Amended Schedule A and Amended Exhibit 2-1 through Exhibit 2-5
11/15/2023 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's renewed motion for TRO 17 is taken under advisement. The renewed exhibit 2 to the Liao Declaration contains screenshots of defendant online stores where the product image is of a different design than the plaintiff's design patent. For those defendants, the plaintiff directs the Court to "see customer review for actual product image." E.g., Doe 2, Exhibit 2-1 to Liao Decl., ECF No. 18-2, page 4 of 31. The screenshot shows an unverified image depicting a product that appears to resemble the plaintiff's patented design claim. The Court is unaware of any instance where a plaintiff has been granted injunctive relief, much less on an ex parte basis, based on unverified customer review images. The plaintiff is ordered to submit a supplemental brief addressing the propriety of enjoining a defendant design-patent based on product images submitted by customers rather than the product image on the storefront (or the actual product as delivered) by 12/4/23. Failure to comply may result in denial of the motion for TRO. Mailed notice
11/13/2023 MEMORANDUM motion for service by publication 19 by Gulan Liao
11/13/2023 MOTION by Plaintiff Gulan Liao for service by publication
11/13/2023 MEMORANDUM in support of Plaintiff's ex parte motion for entry of a temporary restraining order and expedited discovery by Plaintiff Gulan Liao Modified on 12/20/2023.
附件:
1:Declaration Liao
2:Exhibit 2-1
3:Exhibit 2-2
4:Exhibit 2-3
5:Exhibit 2-4
6:(Exhibit 2-5)
11/13/2023 EX PARTE MOTION by Plaintiff Gulan Liao for entry of a temporary restraining order and expedited discovery Modified on 12/20/2023.
11/13/2023 EXHIBIT 1 by Plaintiff Gulan Liao Modified on 12/20/2023.
11/13/2023 SCHEDULE A by Plaintiff Gulan Liao Modified on 12/20/2023.
11/13/2023 First AMENDED complaint by Gulan Liao against THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT
11/13/2023 MOTION by Plaintiff Gulan Liao to seal
11/01/2023 MINUTE entry before the Honorable John J. Tharp, Jr:The motion for TRO 11 is denied without prejudice. The plaintiff has failed to show plausible infringements of its copyright as to any of the defendants, as none of the allegedly infringing screenshots in Exhibit 3 [7-4] appear to use the copyrighted image in their commercial representations. Moreover, the plaintiff has asserted dubious infringement claims for the design patent, which appear to depict a different product than the one represented in the asserted copyrighted image, against multiple defendants. For instance, and without revealing the sealed information, Doe 14 (page 29 of Dkt. [7-4]) is a flatter sphere/oblate spheroid whereas the design patent claims a regular sphere. Does 17, page 35, and 18, page 37, and Does 83-84, page 319-21, use entirely different designs, including differently shaped outer structural frames (some are different styles of lattices than the claim of the design patent) or rings of lights that may also indicate the presence of design features not claimed by the design patent. For some, e.g., Doe 88, page 327, the screenshots do not even show what the product looks like. These examples are not exhaustive, merely representative. The plaintiff has leave to refile its motion and, if necessary, its schedule A, declaration, and/or exhibits, if it can remedy these issues and reduce its claims to good-faith, plausible infringements. Any renewed filing must also indicate which particular defendants, if any, the plaintiff is accusing of infringing the copyright, design patent, or both. Mailed notice
10/31/2023 SEALED MOTION by Plaintiff Gulan Liao
10/31/2023 MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff has filed a memorandum in support of a motion for TRO under seal and submitted a proposed order on such a motion; however, the docket does not reflect that a motion for TRO has been filed. If the plaintiff seeks a form of relief, it must file a motion seeking such relief pursuant to Fed. R. Civ. P. 7(b). Mailed notice
10/30/2023 MEMORANDUM by Gulan Liao in support of motion for service by publication 8
10/30/2023 MOTION by Plaintiff Gulan Liao for service by publication
10/30/2023 MEMORANDUM in support of Plaintiff's ex parte motion for entry of a temporary restraining order and expedited discovery by Plaintiff Gulan Liao Modified on 12/20/2023.
附件:
1:Declaration Liao
2:Exhibit 1
3:Exhibit 2
4:(Exhibit 3)

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