最近更新：2024-12-25
2023-cv-14092
| 日期 | 描述 |
|---|---|
| 04/18/2024 | Notice of Removal of Material from the Custody of the Clerk's Office. Doc #30-Civil Bond in the amount of $10,000 dollars by Plaintitff's Couunsel Greer, Burns & Crain, Ltd. |
| 01/23/2024 | DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 1/23/2024. Emailed notice. |
| 01/23/2024 | 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 [51] 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 $25,000 is an appropriate award of statutory damages against each remaining defendant. Enter Default Final Judgment Order. Civil case terminated. Emailed notice. |
| 01/08/2024 | CERTIFICATE of Service by Plaintiff Dyson Technology Limited regarding order on motion for preliminary injunction, set motion and R&R deadlines/hearings, terminate hearings, [55] 附件： 1:Exhibit A |
| 01/08/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment [51] against the remaining defendants identified in Exhibit A to the motion [51-1] and Exhibit A to the memorandum in support thereof [52-1]. 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 1/22/24. 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 1/10/24. Emailed notice. |
| 01/05/2024 | NOTICE of Motion by Justin Tyler Joseph for presentment of motion for entry of default, motion for default judgment[51] before Honorable LaShonda A. Hunt on 1/10/2024 at 10:00 AM. 附件： 1:Exhibit A |
| 01/05/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[52] 附件： 1:Exhibit 1 |
| 01/05/2024 | MEMORANDUM by Dyson Technology Limited in support of motion for entry of default, motion for default judgment[51] 附件： 1:Exhibit 1 |
| 01/05/2024 | MOTION by Plaintiff Dyson Technology Limited for entry of default, MOTION by Plaintiff Dyson Technology Limited for default judgment as to all Defendants 附件： 1:Exhibit A |
| 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. |
| 12/22/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Motion to Withdraw as Counsel [47] is granted. Attorney Jake M. Christensen is withdrawn as counsel for Plaintiff. Counsel is reminded that all motions must be noticed for presentment in accordance with Judge Hunt's case management procedures. Emailed notice. |
| 12/21/2023 | ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin Tyler Joseph |
| 12/21/2023 | MOTION by Attorney Jake M. Christensen to withdraw as attorney for Dyson Technology Limited. No party information provided |
| 12/18/2023 | NEW PARTIES: kfinger8992, ling_0, meizu1000, mingyuan45, nan5guai, ping2ji, psygas_0, publicscan-0, qiganba61, qippa-0, rebocom0, s4d5asqd_f5a4sd13, she011123, star2213, starpr_95, taiyuanshi, tianlu3, tingxin78, uhao130z, utuin02, wooa02, wujieyi5, xindang32, ya3nd2, yu54h-12, yuntu231u, yunwu123 and zhuchengshi added to case caption. |
| 12/18/2023 | 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 [45]. Summons were issued on 11/30/23 and Defendants' responses to the complaint are due by 12/21/23 [37]. By 1/22/24, 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. Emailed notice. |
| 12/18/2023 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 12/18/2023. Emailed notice. |
| 12/18/2023 | 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 [43]. Summons were issued on 11/30/23 and Defendants' responses to the complaint are due by 12/21/23 [37]. By 1/22/24, 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. Emailed notice. |
| 12/18/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for a preliminary injunction [34], which the Court now considers unopposed because no Defendant filed a notice of objection by the 12/13/23 deadline. 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 in connection with entry of the TRO [28], 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 [37] 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 Amended Schedule A [22] are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. |
| 12/07/2023 | NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants |
| 12/04/2023 | CERTIFICATE of Service by Plaintiff Dyson Technology Limited regarding order on motion for preliminary injunction, set motion and R&R deadlines/hearings, [40] 附件： 1:Exhibit A |
| 12/01/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for preliminary injunction [34] is taken under advisement. All remaining defendants are advised that the Court will consider the motion unopposed if no Defendant files a notice of objection by 12/13/23. Plaintiff must serve a copy of this minute order upon all remaining defendants within one business day of its entry upon the docket and promptly file proof of that service. For the reasons stated in the Court's orders initially entering the TRO [28], and then extending the TRO [33], 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. No appearances are necessary on 12/5/23. Emailed notice. |
| 12/01/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the Plaintiff's Notice of Dismissal [38], this action is being dismissed without prejudice as to Defendants laimaijod and tentyun31 and with leave to reinstate by 8/26/24. In the event a motion to reinstate is not filed by 8/26/24, the case shall be deemed dismissed with prejudice as to Defendants laimaijod and tentyun31 without further order of the Court. Emailed notice. |
| 11/30/2023 | NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants |
| 11/30/2023 | SUMMONS Returned Executed by Dyson Technology Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/30/2023, answer due 12/21/2023. 附件： 1:Declaration of Andrew D. Burnham 2:Exhibit A |
| 11/30/2023 | NOTICE of Motion by Jake Michael Christensen for presentment of motion for preliminary injunction[34] before Honorable LaShonda A. Hunt on 12/5/2023 at 10:00 AM. 附件： 1:Exhibit A |
| 11/30/2023 | MEMORANDUM by Dyson Technology Limited in support of motion for preliminary injunction[34] 附件： 1:Declaration of Jake M. Christensen 2:Exhibit 1 |
| 11/30/2023 | MOTION by Plaintiff Dyson Technology Limited for preliminary injunction 附件： 1:Exhibit A |
| 11/17/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order [31] is granted. The TRO is extended to 12/5/23, for the reasons stated in the order granting the initial TRO [28]. Emailed notice. |
| 11/16/2023 | MEMORANDUM by Dyson Technology Limited in support of extension of time[31] 附件： 1:Declaration of Jake M. Christensen |
| 11/16/2023 | MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order |
| 11/13/2023 | CIVIL BOND in the amount of $ 10,000 posted by Dyson Technology Limited. (DOCUMENT NOT SCANNED). |
| 11/13/2023 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 11/07/2023 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 11/7/23. Emailed copy of Order to Plaintiff's Counsel. |
| 11/07/2023 | 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 [12] and Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [17] are 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. For the reasons stated on the record at the 11/7/23 hearing, 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. Emailed notice. |
| 10/30/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Due to an unanticipated scheduling conflict, the Court must reset the telephonic hearing currently scheduled for 10/31/23, to 11/7/23, at 9:30 AM. The Court apologizes to the parties and their attorneys for any inconvenience. 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 may call in to listen to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Emailed notice. |
| 10/30/2023 | SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 - Parts 1-2 regarding other[25] |
| 10/30/2023 | Supplemental Memorandum in support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order by Dyson Technology Limited Pursuant to [24] |
| 10/23/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's TRO motion 12 is set for telephonic hearing on 10/31/23, at 10:15 AM. Based on a review of the Amended Complaint 21 and evidence presented in support of the motion 14, 15, 16, 23, the Court questions whether Plaintiff has satisfied its burden with respect to whether some of the allegedly infringing products are indeed counterfeit or are actually genuine Dyson products being resold online or products marketed as compatible, not genuine. (See, e.g., Lane Dec., Revised Ex. 4 at 2, 4, 5, 12, 13, 17, 20, 21, Dkt. No. [23-1]). The allegations concerning these products are conclusory and lack detail about Plaintiff's basis for contending that the products are counterfeits, and the screenshot evidence does not alleviate the Court's concerns. Plaintiff may file a brief supplement to the TRO motion totaling 10 pages or less specifically explaining the basis for Plaintiff's belief or knowledge that such items are counterfeit, including the nature of Plaintiff's investigation or method for determining that the products are not genuine, by 10/30/23, before 12:00 PM, and counsel should be prepared to address these issues at the hearing. 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 may call in to listen to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Emailed notice. |
| 10/18/2023 | SEALED EXHIBIT by Plaintiff Dyson Technology Limited Revised Exhibit 4 regarding declaration 15 附件： 1:(Exhibit 4) |
| 10/18/2023 | SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding amended complaint 21 |
| 10/18/2023 | AMENDED complaint by Dyson Technology Limited against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
| 10/10/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the Complaint 1, the Court questions whether joinder of 79 defendants is appropriate in this case. Plaintiff alleges that it is "a world-famous technology company that designs, manufactures and distributes hair care products, such as hair stylers and hair dryers, as well as a variety of other products." (Dkt. 1 at 3). Plaintiff filed this trademark infringement suit against 79 online retailers who are allegedly selling unauthorized products based on a variety of its trademarked products. (Id. at 2, 6-11). The Complaint alleges that Defendants have created numerous internet stores that "share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use[,]" (id. at 10), "establishing a logical relationship between them and that Defendants' counterfeiting operation arises out of the same transaction, occurrence, or series of transactions or occurrences." (Id. at 2). In addition, the Complaint alleges, among other things, that the unauthorized products "bear similar irregularities and indicia of being counterfeit to one another, suggesting that the Counterfeit Dyson Products may be manufactured by and come from a common source and that Defendants are interrelated[,]" and, on information and belief, that "Defendants, either individually or jointly, operate one or more e-commerce stores[,]" and "are in constant communication with each other[.]" (Id. at 6-10). Although the Complaint and attachments total 192 pages, those are the only allegations offered to establish a connection between all the defendants. Such conclusory and speculative statements, however, do not satisfy the principles described in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). Accordingly, Plaintiff is ordered to file a supplemental memorandum addressing the propriety of joinder by 10/24/23. Alternatively, by the same date, Plaintiff is granted leave to file an amended complaint with a smaller subset of defendants that includes specific allegations supporting joinder. Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 12 and Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 17 are taken under advisement until the joinder issue is resolved. Emailed notice. |
| 09/29/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 09/29/2023 | MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief 17 |
| 09/29/2023 | MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 09/29/2023 | SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 4 - Parts 1-4 regarding declaration 15 附件： 1:Exhibit 4-1 2:Exhibit 4-2 3:Exhibit 4-3 4:(Exhibit 4-4) |
| 09/29/2023 | DECLARATION of Giles Samuel Lane regarding memorandum in support of motion 13 附件： 1:Exhibit 1 2:Exhibit 2 3:(Exhibit 3) |
| 09/29/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 13 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
| 09/29/2023 | MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order 12 |
| 09/29/2023 | MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 09/27/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Under Seal 3 is granted. Schedule A attached to the Complaint and Exhibit 4 to the Declaration of Giles Samuel Lane may be filed under seal. Emailed notice. |
| 09/27/2023 | ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio |
| 09/26/2023 | 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. |
| 09/26/2023 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. |
| 09/25/2023 | ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham |
| 09/25/2023 | ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Jake Michael Christensen |
| 09/25/2023 | ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain |
| 09/25/2023 | Notice of Claims Involving Trademarks by Dyson Technology Limited |
| 09/25/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited |
| 09/25/2023 | CIVIL Cover Sheet |
| 09/25/2023 | MOTION by Plaintiff Dyson Technology Limited for leave to file under seal |
| 09/25/2023 | SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint 1 |
| 09/25/2023 | COMPLAINT filed by Dyson Technology Limited; Filing fee $ 402, receipt number AILNDC-21142874. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
