最近更新:2024-12-25
更新

2024-cv-03643

Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:05/06/2024

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
11/21/2024 NOTICE of withdrawal of surety bond 29 by John Summerfield, Greer, Burns & Crain Ltd. (Exhibits). (Received at the Intake Counter on 11/21/24).
09/26/2024 FULL SATISFACTION of Judgment regarding order 49 in the amount of the Judgment Amount as to certain defendants
08/15/2024 FULL SATISFACTION of Judgment regarding order 49 in the amount of the Judgment Amount as to certain defendant
07/24/2024 DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 7/24/2024. Mailed Notice
07/24/2024 ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment, 43. The motion 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 amounts identified in the default judgment for each 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 $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 7/24/2024.Mailed notice
07/11/2024 CERTIFICATE of Service by Plaintiff Oakley, Inc. regarding set motion and R&R deadlines/hearings, 46
附件:
1:(Exhibit A)
07/11/2024 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment, 43, must enter an appearance and file a written objection by 7/19/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
07/08/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[44]
附件:
1:Exhibit 1
07/08/2024 MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment[43]
附件:
1:Exhibit 1
07/08/2024 MOTION by Plaintiff Oakley, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Oakley, Inc. for default judgment as to all Defendants
附件:
1:(Exhibit A)
07/03/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter, [40], by dropping defendants No. 17 Yiwu Tingyuan Glasses Co., Ltd., No. 20 LOENAD, and No. 37 compass wear, is granted. Defendants No. 17 Yiwu Tingyuan Glasses Co., Ltd., No. 20 LOENAD, and No. 37 compass wear are dismissed without prejudice. Plaintiff has already filed the amended Schedule A on the docket. See [41].
06/28/2024 AMENDED exhibit[2] Amended Schedule A
06/28/2024 MOTION by Plaintiff Oakley, Inc.for Leave to Amend Schedule A to the Complaint Instanter
06/24/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter, 37, by dropping defendants No. 19 Gracile myrtle, 21 LumiSyne, and No. 24 wellwellwellshop is granted. Defendants No. 19 Gracile myrtle, 21 LumiSyne, and No. 24 wellwellwellshop are terminated without prejudice. Plaintiff has already filed the amended complaint on the docket. 38.
06/20/2024 AMENDED exhibit[2] Amended Schedule A
06/20/2024 MOTION by Plaintiff Oakley, Inc.for Leave to Amend Schedule A to the Complaint Instanter
06/20/2024 STATUS Report per [34] by Oakley, Inc.
附件:
1:Exhibit A
06/13/2024 ORDER: The Clerk OF Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on June 13, 2024. Mailed notice
06/13/2024 NEW PARTIES: Foshan Shangji Sports Products Co., Ltd., Guangzhou Xunqi Glasses Co., Ltd., Shanxi Titan Biotechnology Co., Ltd., Shenzhen Flying Ant Industrial Co., Ltd., Taizhou Boran Glasses Co., Ltd., Taizhou Sipujia Trading Co., Ltd., Wenzhou Guarken Eyewear Co., Ltd., Wenzhou Hante Trade Co., Ltd., Wenzhou Kangjing Optics Co., Ltd., Wenzhou Kenbo Imp. & Exp. Co., Ltd., Xiamen Tong Shi Le Import And Export Co., Ltd., Yiwu Bangwai E-Commerce Co., Ltd., Yiwu Beiyuan Glasses Co., Ltd., Yiwu City Offray Glasses Co.,Ltd, Yiwu Jingyuan Trade Co., Ltd., Yiwu Longge Accessories Limited, Yiwu Tingyuan Glasses Co., Ltd., Yiwu Totalglasses Co., Ltd., Gracile myrtle, LOENAD, LumiSyne, ONLYONEE, shenyangshisujiatunshuozhongbaihuodian, wellwellwellshop, designergoodsstore, gonxifacai52, hydd, hyf5456, nrxwc, pbf003, sunglasses_belt158, wige, zhefu, ainnoer, k3073059shaoci38_8, AIELBRO SPORTS, compass wear, DABOXI, Maichile, xmbinxuan, Gupzy flois, halvmmks, JANOON TRADING LTD, Jerusalenfiel, Junior321, NKJHJKHASF, Oblenzique, RAX CENTRE LTD and Ventanas Boxing added to case caption.
06/13/2024 MINUTE entry before the Honorable Martha M. Pacold: By 6/20/2024, plaintiff should provide the court with a status report which addresses the status of the case as it relates to all defendants and proposed next steps.
06/13/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 6/13/2024:
06/13/2024 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction, [24], against defendants No. 19-49. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction, [24], against defendants No. 19-49 is granted. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add defendants No. 19-49 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.
05/30/2024 SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/30/2024, answer due 6/20/2024.
附件:
1:Declaration of Thomas J. Juettner
2:(Exhibit A)
05/23/2024 CERTIFICATE of Service by Plaintiff Oakley, Inc. regarding order on motion for preliminary injunction, text entry, [28]
附件:
1:Exhibit A
05/21/2024 SURETY BOND in the amount of $ 10,000 posted by Oakley, Inc. (Document not Imaged)
05/23/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for a preliminary injunction, [24], under advisement and will consider the motion unopposed if no defendant appears and objects by 6/3/24. Plaintiff shall serve defendants with this notice. Mailed notice.
05/21/2024 SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/21/2024, answer due 6/11/2024.
附件:
1:Declaration of Thomas J. Juettner
2:Exhibit A
05/21/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[25]
附件:
1:Exhibit 1
05/21/2024 MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction[24]
05/21/2024 MOTION by Plaintiff Oakley, Inc. for preliminary injunction as to Certain Defendants
附件:
1:Exhibit A
05/13/2024 Registry Deposit Information Form by Oakley, Inc.
05/13/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
05/13/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 5/13/2024:
05/13/2024 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions (4, 13, 18) filed by plaintiff, the supporting memoranda (14, 19) and the temporary restraining order, plaintiff's motions for leave to file under seal, 4, motion 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, but at this preliminary stage, 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.
05/10/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]
附件:
1:Exhibit 1
2:Exhibit 2
05/10/2024 MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[18]
05/10/2024 MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
05/10/2024 SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 - Parts 1-3 regarding declaration[16]
05/10/2024 DECLARATION of Jason Groppe regarding memorandum in support of motion[14]
附件:
1:Exhibit 1
05/10/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]
附件:
1:Exhibit 1
2:Exhibit 2
05/10/2024 MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[13]
05/10/2024 MOTION by Plaintiff Oakley, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
05/07/2024 MAILED Patent report to Patent Trademark Office, Alexandria V.A.
05/06/2024 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.
05/06/2024 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 1). (jcc,)
05/06/2024 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner
05/06/2024 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Berel Yonathan Lakovitsky
05/06/2024 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler
05/06/2024 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio
05/06/2024 Notice of Claims Involving Patents by Oakley, Inc.
05/06/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc.
05/06/2024 CIVIL Cover Sheet
05/06/2024 MOTION by Plaintiff Oakley, Inc. for leave to file under seal
05/06/2024 SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 - Parts 1-3 regarding complaint[1]
05/06/2024 SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint[1]
05/06/2024 COMPLAINT filed by Oakley, Inc.; Filing fee $ 405, receipt number AILNDC-21932608.
附件:
1:Exhibit 2
2:Exhibit 3
3:Exhibit 4
4:Exhibit 5

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