最近更新:2024-12-25
更新

2024-cv-04511

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

日期:05/31/2024

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
12/12/2024 FULL SATISFACTION of Judgment regarding order 47 in the amount of $100,000 as to certain defendants
12/05/2024 FULL SATISFACTION of Judgment regarding order[47] in the amount of $100,000 as to certain defendants
11/21/2024 FULL SATISFACTION of Judgment regarding order 47 in the amount of $100,000 as to certain defendant
11/01/2024 FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 11/1/2024. Mailed notice.
11/01/2024 CONSENT JUDGMENT signed by the Honorable John F. Kness on 11/1/2024. Mailed notice.
11/01/2024 CONSENT JUDGMENT signed by the Honorable John F. Kness on 11/1/2024. Mailed notice.
11/01/2024 ORDER: Plaintiff's motion to approve consent judgment 37 is granted. Plaintiff's motion to approve consent judgment 40 is granted. Plaintiff's Motion for entry of default 41 is granted. Civil case terminated. Signed by the Honorable John F. Kness on 11/1/2024. Mailed notice.
10/31/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[42]
附件:
1:Exhibit 1
10/31/2024 MEMORANDUM by NBA Properties, Inc. in support of motion for entry of default, motion for default judgment, [41]
附件:
1:Exhibit 1
10/31/2024 MOTION by Plaintiff NBA Properties, Inc. for entry of default as to Certain Defendants, MOTION by Plaintiff NBA Properties, Inc. for default judgment as to Certain Defendants
附件:
1:Exhibit A
10/31/2024 MOTION by Plaintiff NBA Properties, Inc. to approve consent judgment as to Certain Defendants
附件:
1:Exhibit A
09/04/2024 NEW PARTIES: Anhui Jinghan Import And Export Co., Ltd., Anxi Fengcheng Peiguan Clothing Factory, Byer Jewelry Manufacturer Limited, Changsha Jia Sheng E-Commerce Co., Ltd., Changsha Wellcheer Gift Co., Ltd, Chengdu Lefeng Technology Co., Ltd., Chongqing Yimeili Industry and Trade Co.,Ltd., Dehua Fulun Arts & Crafts Factory, Dehua Jinkaisheng Crafts Factory, Dongguan Beshine Jewelry Co., Ltd., Dongguan Changan Katie Trading Store, Dongguan Chenhui Hardware Co., Ltd., Dongguan Happy Beauty Jewelry Co., Ltd., Dongguan Hye Trading Co., Ltd., Dongguan Limi Apparel Co., Ltd., Dongguan Odian Jewelry Co., Ltd., Dongguan Yifan Crafts&Arts Co., Ltd., Dongguan Zhixin Clothing Co., Ltd., Fujian pushi International Trade Co., LTD, Fuzhou Bison Import And Export Co., Ltd., Fuzhou Cangshan District Waterflower Trading Co., Ltd., Fuzhou Hongsen Network Technology Co., Ltd., Fuzhou Lin Yang Guangyuan Marketing Planning Co., Ltd., Fuzhou Mawei District Jiuxian Aquatic Products Business Department, Fuzhou Miran Trading Co., Ltd., Fuzhou Qi Tian Jia Trading Co., Ltd., Fuzhou Shunlai Trading Co., Ltd., Fuzhou Taijiang District Fanxing Electronic Commerce Co., Ltd., Fuzhou Yingni Clothing Co., Ltd., Gaoyao Nanan Shun Hui Embroidery Factory, Guangdong Cily Technology Co., Ltd., Guangxi Guiping Jack Clothing Co., Ltd., Guangxi Guiping Ktrust Garment Co., Ltd, Guangxi Guiping Xingtong Sportswear Co., Ltd., Guangxi Huiying Import & Export Trading Co., Ltd., Guangxi Shi En Clothing Co., Ltd., Guangzhou Aiyor Craft Gifts Co., Ltd., Guangzhou Besto Fashion Accessory Co., Ltd., Guangzhou Jingdian E-Commerce Co., Ltd., Guangzhou Nye Trading Co., Ltd., Guangzhou SK33 Technology Co.,Ltd, Guangzhou Tuohai Auto Supplies Co., Ltd., Guangzhou Wanfeng Trading Co., Ltd., Guangzhou Win&win Clothing Co., Ltd., Guangzhou Wongerland Jewelry Co., Ltd., Guiping Mule Town Ziyouke Garment Factory, Haifeng County Chengdong Nanxun Yinuo Trading Firm, Haifeng County Meilong QianKuan Jewelry Factory, Hangzhou Huddys Clothing Co., Ltd., Hangzhou Huisheng Curtain Cloth Co., Ltd., HANGZHOU NEW TRUST IMPORT & EXPORT CO., LTD., Hangzhou Xiping Trading Co., Ltd., Hefei Kinglook Trading Co., Ltd., Hefei Zhendi Clothing Co., Ltd., Hubei Hui Li Apparel Co., Ltd., Huizhou Ever Rock Hardware Co., Limited, Jiangsu Aikeli Knitting Co., Ltd., Jiaxing Heng Di Import And Export Co., Ltd., Jiaxing Ying Xin Trading Co., Ltd., Jinhua Dibi Trading Co., Ltd., Jinhua Haixi Trading Co., Ltd., Jinhua Shuntai Trading Co., Ltd., Jinjiang Deek Plastic Products Co., Limited, Jinjiang Huiyibang Shoe Materials Co., Ltd., Jinjiang Koala Electronic Commerce Co., Ltd., Jinjiang Tuocheng Shoes Material Co., Ltd., Kunshan Noble Co., Ltd., Leobon (Xiamen) International Trade Co., Ltd., Linhai Newlanston Arts And Crafts Co., Ltd., Liuzhou Chaoji Qiumi Clothing Co., Ltd., Luohe Wangsen Trading Co., Ltd., Max(xiamen) Industry And Trade Co., Ltd., Ningbo Rising International Trade Co., Ltd., Pingnan County Da 'an Town Fang Lin Grocery Store, Pufan (quanzhou) Trading Co., Ltd., Qingdao G&t International Trade Co., Ltd., Qingdao Panxing Trading Company Limited, Qingdao Showing Advertising Image Co., Ltd., Quanzhou Aohan Technology Co., Ltd., Quanzhou Conris Electronic Technology Co., Ltd., Quanzhou Fengze Chenjin Shoes And Clothing Firm, Quanzhou Fengze District Fengze Street Peng Peizhen Hardware Business Department, Quanzhou Guci Trading Co., Ltd., Quanzhou Lihuatoo Trading Co., Ltd., Quanzhou Perfect Trading Co., Ltd., Quanzhou Pushi Jewelry Trading Co., Ltd., Quanzhou Shengyida Electronic Co., Ltd., Quanzhou Zhanyihong Smart Technology Co., Ltd., a2222222222, a6vm, abki, ai789, aiyueele02, beiyijewelry3, brandmuse_store Store, brandpants, buyyeezy, clothingstorestyle3, custom102, custom126, ddm0011, dh_fashionbelt88, dh_slhc63, dh_supermarket, dhgate_hxx, dhgate1110, dhgate2112, dhgate310, dhgate72, dhjllsjin, dhtopseller911, dhwdeccvd, dhwfccc3, dhwlklkwz, dhwllisnj, dhwskrens, dhwuuywsa, discountstore23, dongwei4, family12, fog_shorts, fqxt, fs5b, fzcto2, gbnb, globaljerseys66, good_jerseys88, goose_jersey_shoes, gt30, CLP Shop, DIYY, KimXIAO HIPHOP, NICE HATS, ONENICE, Sweety Bag and ZITNAVI Clothing added to case caption.
09/04/2024 PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 9/4/2024. Mailed notice.
09/04/2024 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for entry of a consent judgment 37 is entered and continued pending resolution of the case against the remaining Defendants. See Fed. R. Civ. P. 54(b). Plaintiff's motion for a preliminary injunction 31 is granted. Enter separate preliminary injunction order. Plaintiff's filings establish that Plaintiff has acted expeditiously to protect its interests and that there remains a significant risk 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, 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 or infringing goods. Plaintiff has also certified and established 34 36 that it provided electronic notice to Defendants of this case and the motion for a preliminary injunction, but, despite the Court having provided 35 the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the docket within five business days. The Clerk is directed to unseal any and all previously-sealed documents. Mailed notice.
08/29/2024 MOTION by Plaintiff NBA Properties, Inc. to approve consent judgment as to Certain Defendants
附件:
1:(Exhibit A)
08/02/2024 CERTIFICATE of Service by Plaintiff NBA Properties, Inc. regarding text entry, 35
附件:
1:(Exhibit A)
08/02/2024 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 31 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 8/7/2024." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders regarding the temporary restraining order ("TRO"), the TRO is 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. Mailed notice
07/26/2024 SUMMONS Returned Executed by NBA Properties, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/26/2024, answer due 8/16/2024.
附件:
1:Declaration of Kahlia R. Halpern
2:(Exhibit A)
07/26/2024 DECLARATION of Allyson M. Martin regarding memorandum in support of motion 32
附件:
1:(Exhibit 1)
07/26/2024 MEMORANDUM by NBA Properties, Inc. in support of motion for preliminary injunction 31
07/26/2024 MOTION by Plaintiff NBA Properties, Inc. for preliminary injunction
附件:
1:(Exhibit A)
07/15/2024 EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 7/15/2024. Mailed notice.
07/15/2024 MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to extend TRO 26 is granted. Enter separate order. Mailed notice.
07/12/2024 DECLARATION of Allyson M. Martin regarding memorandum in support of motion[27]
07/12/2024 MEMORANDUM by NBA Properties, Inc. in support of extension of time[26]
07/12/2024 MOTION by Plaintiff NBA Properties, Inc. for extension of time of Temporary Restraining Order
07/10/2024 SURETY BOND in the amount of $10,000 posted by NBA Properties, Inc. (Document not scanned)
07/03/2024 SUMMONS Issued as to The Partnerships and all other Defendants identified in the Complaint
07/03/2024 Registry Deposit Information Form by NBA Properties, Inc.
07/03/2024 SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 7/3/2024. Mailed notice.
07/03/2024 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 3, ex parte motion for a temporary restraining order 11, and motion for electronic service of process 17 are granted in part. Plaintiff's submissions (e.g., Dkt. 13 at 3) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2 and 15. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit and infringing goods, and 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 effectively communicates the pendency of this action to Defendants. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will 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 reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. Mailed notice.
06/05/2024 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
06/05/2024 MAILED trademark report to Patent Trademark Office, Alexandria VA.
06/04/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18]
附件:
1:Exhibit 1
2:Exhibit 2
06/04/2024 MEMORANDUM by NBA Properties, Inc. in support of motion for miscellaneous relief[17]
06/04/2024 MOTION by Plaintiff NBA Properties, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
06/04/2024 DECLARATION of Ayala Deutsch regarding memorandum in support of motion[12]
附件:
1:Exhibit 1
2:Exhibit 2
06/04/2024 SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Exhibit 1 - Parts 1-6 regarding declaration[14]
06/04/2024 DECLARATION of Lindsay Conn regarding memorandum in support of motion[12]
06/04/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
06/04/2024 MEMORANDUM by NBA Properties, Inc. in support of motion for temporary restraining order[11]
06/04/2024 MOTION by Plaintiff NBA Properties, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
05/31/2024 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.
05/31/2024 CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2).
05/31/2024 ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Kahlia Roe Halpern
05/31/2024 ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Allyson M. Martin
05/31/2024 ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Amy Crout Ziegler
05/31/2024 ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Justin R. Gaudio
05/31/2024 Notice of Claims Involving Trademarks by NBA Properties, Inc.
05/31/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NBA Properties, Inc.
05/31/2024 CIVIL Cover Sheet
05/31/2024 MOTION by Plaintiff NBA Properties, Inc. for leave to file under seal
05/31/2024 SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Schedule A regarding complaint 1
05/31/2024 COMPLAINT filed by NBA Properties, Inc.; Filing fee $ 405, receipt number AILNDC-22092180.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)

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