最近更新：2024-09-18
2024-cv-04010
| 日期 | 描述 |
|---|---|
| 08/21/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for a preliminary injunction against defendants No. 6584, 52, under advisement and will consider the motion unopposed if no defendant appears and objects by 8/27/24. Plaintiff shall serve defendants with this notice. Mailed notice. |
| 08/20/2024 | NEW PARTIES: ZHI ZHI FISH Store, TOYZHIJIA ZT Store, Toy lover Store, TooFun Toy Store, SweetDolls Store, Shop701556 Store, Shop4421215 Store, Shop4288060 Store, Shop3253078 Store, Pizies TOYMALL Store, PHOTIPONG Sturdy pants Store, Oh Ma Baby Store, My Dearest Baby Store, kiddiezoom Official Store, KEIUMI Official Store, Kacool Toy Store, Guest Store, DOLL TALK Official Store, DOLL TALK Dolls House Store, DeiXiong Dolls Store, Wild Hope Good Products, ZWSISU, ZITA ELEMENT, Zhao-shop, wqdBD, WenRong, ruijishengtemaoyi, RFGFG78, LuckDoll, HeroProviders, heiseyou, GreatGiftList, baotoushigeerjidianshebeiyouxiangongsi, AugFrog Doll Accessories, Aobiny, AGO BABY, zhangchunyan123, yiwushigaowendianzidianshang, toyato8866, MEFCreationsBoutique, konglonghuashi, Het-sodifed, guozhiping, dong shan da shao, conquer, yourtoystore, vacosreborndolls, takeandjoy009, super-seller01, silentmusic16, shanneth-0, mrshoko, ming209209, goodchangeeight, dongxl2018, dawijes_9316, bigmoundwebshop, best-products-1000, Yangzhou Dadong International Business Co., Ltd., Shantou DWK Toys Co., Ltd., zengzhixiang and aa_6297 added to case caption. |
| 08/20/2024 | SUMMONS Returned Executed by ZAPF Creation AG as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 8/19/2024, answer due 9/9/2024. |
| 08/19/2024 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 52 |
| 08/19/2024 | MEMORANDUM by ZAPF Creation AG in support of motion for preliminary injunction 52 |
| 08/19/2024 | MOTION by Plaintiff ZAPF Creation AG for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 65-84 |
| 08/19/2024 | by ZAPF Creation AG Amended Schedule A |
| 08/16/2024 | ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 8/16/2024. Mailed notice |
| 08/16/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 8/16/2024: |
| 08/16/2024 | MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction, 25. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction, 25, 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. By 8/20/2024, plaintiff is directed to file a status report updating the court on the status of the case, including proposed next steps. |
| 08/15/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an Amended Schedule A, 46, that drops defendants No. 2 meijingshop88, No. 3 shibel-shop, No. 7 alpinetopline, No. 14 fullhousemart66, No. 19 mini-miracle, No. 40 Angelastore, No. 41 Angelbaby Doll, No. 45 Cmrtew, No. 47 GiDiProtea, No. 50 helutrading, No. 52 INPDW, No. 55 ROSHUAN Store, No. 59 WWOOHH, and No. 64 Ali Toy Store, is granted. Defendants No. 2 meijingshop88, No. 3 shibel-shop, No. 7 alpinetopline, No. 14 fullhousemart66, No. 19 mini-miracle, No. 40 Angelastore, No. 41 Angelbaby Doll, No. 45 Cmrtew, No. 47 GiDiProtea, No. 50 helutrading, No. 52 INPDW, No. 55 ROSHUAN Store, No. 59 WWOOHH, and No. 64 Ali Toy Store are dismissed. Plaintiff is directed to file the amended complaint by 8/19/24. |
| 08/13/2024 | MOTION by Plaintiff ZAPF Creation AG Motion for Leave to File Amended Schedule A |
| 08/12/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has received eBay's notice of withdrawal of its opposition to the motion for preliminary injunction, 44. By 8/14/2024, plaintiff should submit a proposed preliminary injunction order and a redline of the order to the proposed order inbox. The proposed order should only include the defendants remaining in this case. |
| 08/08/2024 | Notice of Withdrawal of Opposition to Motion for Preliminary Injunction by eBay, Inc. |
| 08/07/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for an extension of time to file a reply in support of its motion for entry of a preliminary injunction, 41, is granted. Plaintiff's reply in support of the motion for preliminary injunction, 25, is due by 8/13/2024. |
| 08/06/2024 | Amended Schedule A by ZAPF Creation AG |
| 08/05/2024 | MOTION by Plaintiff ZAPF Creation AG for extension of time Plaintiff's Unopposed Motion for a Second Extension of Time to File a Reply in Support of its Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-45 and 47-63 [Dkt. No. 25] |
| 08/05/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jn,) |
| 08/05/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA. (jn,) |
| 07/31/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend the Schedule A by dismissing defendants No. 9 best4choose, No. 13 doroio, No. 16 hamsa_store, No. 17 littletwilight, No. 25 technology-onsale, No. 26 tgsbuys, No. 27 th-trade, 36 is granted. Defendants No. 9 best4choose, No. 13 doroio, No. 16 hamsa_store, No. 17 littletwilight, No. 25 technology-onsale, No. 26 tgsbuys, No. 27 th-trade are dismissed without prejudice. By 8/6/2024, plaintiff should file the amended Schedule A on the docket. |
| 07/31/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for an extension of time to file a reply in support of its motion for entry of a preliminary injunction as to certain defendants, 35 is granted. Plaintiff's reply is due by 8/5/2024. |
| 07/30/2024 | MOTION by Plaintiff ZAPF Creation AG for leave to file Motion for Leave to File Amended Schedule A |
| 07/29/2024 | MOTION by Plaintiff ZAPF Creation AG for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Reply in Support of its Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-45 and 47-63 [Dkt. No. 25] |
| 07/15/2024 | MEMORANDUM by eBay, Inc. in Opposition to motion for preliminary injunction 25 附件： 1:Exhibit N. Lindsley Declaration 2:(Exhibit Screenshots) |
| 07/11/2024 | MINUTE entry before the Honorable Martha M. Pacold: Non-party eBay's unopposed motion for extension of time to respond to plaintiff's motion for preliminary injunction, 32 is granted. eBay's objection to the motion for preliminary injunction, 25, is due by 7/15/2024. Plaintiff's reply will be due by 7/29/2024. |
| 07/08/2024 | MOTION by Third Party Defendant eBay, Inc. for extension of time to file response/reply as to motion for preliminary injunction 25 |
| 07/08/2024 | ATTORNEY Appearance for Third Party Defendant eBay, Inc. by William Foster Farley |
| 06/28/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction against defendants No. 1-45 and 47-63, 25, under advisement and will consider the motion unopposed if no defendant appears and objects by 7/8/2024. Plaintiff shall serve defendants with this notice. |
| 06/28/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to extend the TRO, 24, is denied. Federal Rule of Civil Procedure 65(b)(2) permits the court to grant a TRO that "expires at the time after entry-not to exceed 14 days-that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension." The TRO in this case was entered on 5/21/24 and extended on 6/3/24. The extension expired on 6/18/24. The court will not grant additional extensions. |
| 06/24/2024 | SUMMONS Returned Executed by ZAPF Creation AG as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 6/13/2024, answer due 7/4/2024. |
| 06/13/2024 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 25 |
| 06/13/2024 | MEMORANDUM by ZAPF Creation AG in support of motion for preliminary injunction 25 |
| 06/13/2024 | MOTION by Plaintiff ZAPF Creation AG for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-45 and 47-63 |
| 06/13/2024 | MOTION by Plaintiff ZAPF Creation AG for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order as to Defendant Nos. 1-172 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 06/13/2024 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 06/04/2024 | SURETY BOND in the amount of $10,000 posted by ZAPF Creation AG. (Document not scanned) |
| 06/03/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff;s ex parte motion to extend the TRO, 21, is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO, 20, entered on 5/21/24 is extended until 6/18/24. |
| 05/31/2024 | MOTION by Plaintiff ZAPF Creation AG for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
| 05/21/2024 | SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Martha M. Pacold on 5/21/2024. |
| 05/21/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file excess pages, 10, is granted. For the reasons set forth in the motions (7, 11) filed by plaintiff, the supporting memoranda, 12, and the temporary restraining order, plaintiff's motion for leave to file under seal, 7, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, and electronic service of process, 11 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. Mailed notice. |
| 05/17/2024 | Notice of Claims Involving Trademarks by ZAPF Creation AG |
| 05/17/2024 | SEALED DOCUMENT by Plaintiff ZAPF Creation AG Exhibit 2 Part 5 of Eichhorn-Jansen Declaration |
| 05/17/2024 | SEALED DOCUMENT by Plaintiff ZAPF Creation AG Exhibit 2 Part 4 of Eichhorn-Jansen Declaration |
| 05/17/2024 | SEALED DOCUMENT by Plaintiff ZAPF Creation AG Exhibit 2 Part 3 of Eichhorn-Jansen Declaration |
| 05/17/2024 | SEALED DOCUMENT by Plaintiff ZAPF Creation AG Exhibit 2 Part 2 of Eichhorn-Jansen Declaration |
| 05/17/2024 | SEALED DOCUMENT by Plaintiff ZAPF Creation AG Exhibit 2 Part 1 of Eichhorn-Jansen Declaration |
| 05/17/2024 | MEMORANDUM by ZAPF Creation AG in support of motion for temporary restraining order, 11 附件： 1:Declaration Eichhorn-Jansen Declaration 2:Exhibit 1 3:Declaration Hierl Declaration 4:Exhibit Hierl Exhibit 1 5:Exhibit Hierl Exhibit 2 6:Exhibit Hierl Exhibit 3 7:(Exhibit Hierl Exhibit 4) |
| 05/17/2024 | MOTION by Plaintiff ZAPF Creation AG for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication |
| 05/17/2024 | MOTION by Plaintiff ZAPF Creation AG for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 05/16/2024 | 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. |
| 05/16/2024 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). |
| 05/16/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ZAPF Creation AG |
| 05/16/2024 | SEALED DOCUMENT by Plaintiff ZAPF Creation AG Sealed Schedule A |
| 05/16/2024 | MOTION by Plaintiff ZAPF Creation AG to seal document Plaintiff's Motion for Leave to File Under Seal |
| 05/16/2024 | ATTORNEY Appearance for Plaintiff ZAPF Creation AG by John Wilson |
| 05/16/2024 | ATTORNEY Appearance for Plaintiff ZAPF Creation AG by Robert Payton Mcmurray |
| 05/16/2024 | ATTORNEY Appearance for Plaintiff ZAPF Creation AG by William Benjamin Kalbac |
| 05/16/2024 | ATTORNEY Appearance for Plaintiff ZAPF Creation AG by Michael A. Hierl |
| 05/16/2024 | CIVIL Cover Sheet |
| 05/16/2024 | COMPLAINT filed by ZAPF Creation AG; Jury Demand. Filing fee $ 405, receipt number AILNDC-21972648. 附件： 1:(Exhibit 1) |
