2023-cv-06551
日期 | 描述 |
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12/12/2023 | MAILED original ten-thousand-dollar ($10,000) surety bond posted by Advance Magazine Publishers Inc to Greer, Burns, Crain LTD via certified mail # 7019 2280 0000 0962 9399. |
12/07/2023 | DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 12/7/2023: Mailed notice |
12/07/2023 | ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment [51]. The motion [51] 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 12/7/2023: Mailed notice |
12/07/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter [56] is granted. Plaintiff has already filed an amended Schedule A on the docket [57]. CoCo CanvasArt and DaDa Wall Art dismissed. |
12/07/2023 | AMENDED exhibit[2] Amended Schedule A |
12/07/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc.for Leave to Amend Schedule A to the Complaint Instanter |
11/22/2023 | CERTIFICATE of Service by Plaintiff Advance Magazine Publishers Inc. regarding set motion and R&R deadlines/hearings, 54 附件: 1:(Exhibit A) |
11/21/2023 | MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment [51] must enter an appearance and file a written objection by 12/1/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
11/20/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[52] 附件: 1:Exhibit 1 |
11/20/2023 | MEMORANDUM by Advance Magazine Publishers Inc. in support of motion for entry of default, motion for default judgment[51] 附件: 1:Exhibit 1 |
11/20/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc. for entry of default, MOTION by Plaintiff Advance Magazine Publishers Inc. for default judgment as to all Defendants 附件: 1:Exhibit A |
11/21/2023 | NEW PARTIES: Bandai-Disney Store, Best Abstract Art Store, Betty Boop Art Store, Chasoe Decor Store, Colorful Life Wholesale, DPYGYT Painting Drop Shipping Store, East Lucky Store, Fanxishi Art Store, Glazed wall art Store, Hasbroa Store, Home-Painting Store, HUAZHIX Decor Store, HUX Painting Store, JPXB Disney Bag Store, Larisa Official Store, MaoX Bag Store, Marrart Store, NuoYing Store, Qingwan002 Store, Rustom 97_N Store, Sconedia Art Printing Store, Scroll Hanging Painting Store, Shop1100020098 Store, Shop1102068287 Store, Shop1102247995 Store, Shop1102253677 Store, Shop1102676079 Store, Shop1102689469 Store, Shop1102714249 Store, Shop911567187 Store, Shop912618340 Store, To Be Cheerful Store, We Prefer Store, Xinxin Wall Art Shop Store, XQ ART Store, 1stPOSTER, A20DOGDT7R573X, A3IYW716SLFWCD, AFADesignsCo, AO KHOAC NAM 4 MUA, Apryxz Store, Assembly Hill Dating, AY6X1U41NIIGX, Aydean US, chengdudianmagonghanmaoyiyouxiangongsiv, damabaihuo, EdwardDu0ngStore, EvaArtPrintsStore, FeiXuShuShangMao, flower and girl, gushuodianzishangwushop, Hachiiiiiiiiiii, IrisHarrisTheBestShop, KPSheng, liuhulande ai, Maidail, nanchangjixiaoshangmaoyouxiangongsi, PinTrends Poster, QingYunPuQuFenSongBaiHuoDian, Revisiting Art, shishihongshanzhenwangmingshubaihuolingshouchaoshi, sHoPtOAN79, shuimanjinshan, SotaLennonSmith, SRF ART, TAYKA US, The Best Decor Home, VenusDiamondStore, xieweixiongbeimei, YuanZhouQuGuanShengBaiHuoDian, zhenyuyy, automaticallybe, buydhgates33, chrysanthemumthi, angelthepainting, nyzcn-7e48u, venusw54, CoCo CanvasArt, DaDa Wall Art, Luck East, Punchkicks and Time to deal added to case caption. |
11/20/2023 | ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 11/20/2023: Mailed notice |
11/20/2023 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 11/20/2023: |
11/20/2023 | MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction [31]. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction [31] 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. |
11/13/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motions for leave to amend Schedule A to the complaint instanter [43], [45], are granted. Defendants No. 57 HSP Art Store, No. 48 dianman, No. 58 Insect products, and No. 65 Ou Duo are dismissed. Plaintiff has already filed the amended Schedule A on the docket [46]. Plaintiff should submit a new proposed preliminary injunction order by 11/15/2023. |
11/09/2023 | AMENDED exhibit 2 Amended Schedule A |
11/09/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc.for Leave to Amend Schedule A to the Complaint Instanter |
11/02/2023 | AMENDED exhibit 2 Amended Schedule A |
11/02/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc.for Leave to Amend Schedule A to the Complaint Instanter |
10/30/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter [39] is granted. Defendants Arthousestore, HEIBEIART, SeKeyArtStore, and Sainimu UP are dismissed. Plaintiff has already filed an Amended Schedule A on the docket [40]. Plaintiff should submit a new proposed preliminary injunction order by 11/1/2023. |
10/26/2023 | SUMMONS Returned Executed by Advance Magazine Publishers Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/26/2023, answer due 11/16/2023. 附件: 1:Declaration of Quinn B. Guillermo 2:(Exhibit A) |
10/26/2023 | AMENDED exhibit 2 Amended Schedule A |
10/26/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc.for Leave to Amend Schedule A to the Complaint Instanter |
10/23/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter [36] is granted. Defendants No. 61 LBARTXY and No. 66 personalise poster are dismissed without prejudice. The amended Schedule A is already on the docket [37]. |
10/19/2023 | AMENDED exhibit 2 Amended Schedule A |
10/19/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc. for Leave to Amend Schedule A to the Complaint Instanter |
10/09/2023 | MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 31 under advisement and will consider the motion unopposed if no defendant appears and objects by 10/18/2023. Plaintiff shall serve defendants with this notice. For the reasons stated in the Court's orders entering and extending the TRO, as well as in plaintiff's earlier motion 25 to extend the TRO, 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 FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. |
10/09/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 29 is granted. Defendants No. 49 Edmer and 69 QIPEER are terminated. Plaintiff has already filed an amended Schedule A on the docket 30. |
10/04/2023 | SUMMONS Returned Executed by Advance Magazine Publishers Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/4/2023, answer due 10/25/2023. 附件: 1:Declaration of Quinn B. Guillermo 2:(Exhibit A) |
10/04/2023 | MEMORANDUM by Advance Magazine Publishers Inc. in support of motion for preliminary injunction 31 附件: 1:Declaration of Rachel S. Miller 2:(Exhibit 1) |
10/04/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc. for preliminary injunction as to Certain Defendants 附件: 1:(Exhibit A) |
10/04/2023 | AMENDED exhibit 2 Amended Schedule A |
10/04/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc. for Leave to Amend Schedule A to the Complaint Instanter |
09/22/2023 | EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 9/22/2023: |
09/22/2023 | MINUTE entry before the Honorable Martha M. Pacold: For the reasons in the attached order, plaintiff's ex parte motion to extend the TRO 25 is granted. The court's TRO 23 entered on 9/11/2023 is extended until 10/9/2023. Enter order extending TRO. |
09/20/2023 | MEMORANDUM by Advance Magazine Publishers Inc. in support of extension of time[25] 附件: 1:Declaration of Rachel S. Miller |
09/20/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc. for extension of time of Temporary Restraining Order |
09/14/2023 | SURETY BOND in the amount of $ 10,000.00 posted by Advance Magazine Publishers Inc. (Document not imaged) |
09/11/2023 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 9/11/2023: |
09/11/2023 | 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. |
09/05/2023 | EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Martha M. Pacold for all further proceedings pursuant to 28:294(b). Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 9/5/2023. |
09/07/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19 附件: 1:Exhibit 1 2:(Exhibit 2) |
09/07/2023 | MEMORANDUM by Advance Magazine Publishers Inc. in support of motion for miscellaneous relief 18 |
09/07/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
09/07/2023 | SEALED EXHIBIT by Plaintiff Advance Magazine Publishers Inc. Exhibit 4 - Parts 1-5 regarding declaration 16 附件: 1:Exhibit 4-1 2:Exhibit 4-2 3:Exhibit 4-3 4:Exhibit 4-4 5:(Exhibit 4-5) |
09/07/2023 | DECLARATION of Eric Gisolfi regarding memorandum in support of motion 14 附件: 1:Exhibit 1 2:Exhibit 2 3:(Exhibit 3) |
09/07/2023 | 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) |
09/07/2023 | MEMORANDUM by Advance Magazine Publishers Inc. in support of motion for temporary restraining order 13 |
09/07/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
08/31/2023 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
08/31/2023 | MAILED trademark report to Patent Trademark Office, Alexandria VA. |
08/30/2023 | 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. |
08/30/2023 | CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. |
08/30/2023 | ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Quinn Bradley Guillermo |
08/30/2023 | ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Rachel S Miller |
08/30/2023 | ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Amy Crout Ziegler |
08/30/2023 | ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Justin R. Gaudio |
08/30/2023 | Notice of Claims involving Trademarks by Advance Magazine Publishers Inc. |
08/30/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Advance Magazine Publishers Inc. |
08/30/2023 | CIVIL Cover Sheet |
08/30/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc. for leave to file under Seal |
08/30/2023 | SEALED EXHIBIT by Plaintiff Advance Magazine Publishers Inc. Schedule A regarding complaint[1] |
08/30/2023 | COMPLAINT filed by Advance Magazine Publishers Inc.; Filing fee $ 402, receipt number AILNDC-20988827. 附件: 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |