2024-cv-03476
日期 | 描述 |
---|---|
10/07/2024 | FULL SATISFACTION of Judgment |
09/10/2024 | MAILED original $10,000 surety bond posted by Yanzhe Lu to the Law Offices of Konrad Sherinian, LLC via certified mail # 7019 2280 0000 0962 9481. |
09/05/2024 | FULL SATISFACTION of Judgment |
09/04/2024 | DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 9/4/2024: Mailed notice |
09/04/2024 | ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment, 40. 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 amount stated in the attached order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its design patents 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, The Law Offices of Konrad Sherinian, LLC, 1755 Park Street, Suite 200, Naperville, IL 60563, via certified mail. Enter Default Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 9/4/2024: Mailed notice |
08/16/2024 | NEW PARTIES: XIOANGSNDBB, Guangzhou youqihui co., ltd, Jiujiang Henghechang E-commerce Co.Ltd, IFREE STORE, thinsont, Wliqien, xiaolong888, Familyhome Life Hall, Zhongchengweishi Ltd, Chengbin electronic Co., Ltd., Miangastore, Accompai, XIOANGSNDBB, WATONASH, Chengduqiuhainian Co.,Ltd, YIDUMKC01, GoodTend, Wavewave, Songchenman Trading Co., Ltd. and Qiu yue Xuan Wen Co., Ltd. added to case caption. |
08/16/2024 | NEW PARTIES: VISIONS GLOBAL, SIX Sigma, Best M, yunxiaoxianjinghanbaihuodian, Daskanian, zhuoqixinxi, FUELEGO(90% Off Deals), hailisen, lllook, wuyoushop, ZERDOM, DIYANA CART, Implex, ZhuYiUSiUS, ETI T llc, teafirst, KOCOME, ZCHAINBRAND STORE, KZhanmy and UM-digtal added to case caption. |
08/16/2024 | NEW PARTIES: MinnHuii, GVIOOEI, Quixella, Ledarray International, Monkeyjunjun, BEST CUSTOMER SERVICE, yunluner, Fxqlove, YeCuo, Zsaw-US, ZhengZhouShiQiuBanJuShangMaoYouXianGongSi, Yuehuam2019, hailisen, CHENGZHI Commercial, nulishangbanooo, SHOWERRING, Iced oranges, XiuRong, Qiysangi, SFJ STORE, quhazn and lihaifeng123 added to case caption. |
08/16/2024 | MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment, 40, must enter an appearance and file a written objection by 8/23/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
08/16/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to amend Schedule A to the complaint, 38, by dropping defendants No. 1 MinnHuii, No. 2 GVIOOEI, No. 13 hailisen, No. 30 hailisen, No. 62 Qiu yue Xuan Wen Co., Ltd., No. 47 thinsont, No. 60 Wavewave, No. 51 Zhongchengweishi Ltd, is granted. Defendants No. 1 MinnHuii, No. 2 GVIOOEI, No. 13 hailisen, No. 30 hailisen, No. 62 Qiu yue Xuan Wen Co., Ltd., No. 47 thinsont, No. 60 Wavewave, No. 51 Zhongchengweishi Ltd are dismissed with prejudice. Plaintiff has already filed the amended Schedule A on the docket, 39. |
08/15/2024 | ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on August 15, 2024. Mailed notice |
08/15/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 8/15/2024: |
08/15/2024 | MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction, 26. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiffs' motion for preliminary injunction, 26 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. |
08/14/2024 | DECLARATION of Konrad Sherinian regarding motion for default judgment 40 |
08/14/2024 | MEMORANDUM by Yanzhe Lu in support of motion for default judgment 40 附件: 1:(Exhibit List of Defaulting Defendants) |
08/14/2024 | MOTION by Plaintiff Yanzhe Lu for default judgment as to certain defendants |
08/14/2024 | AMENDED Third Amended Schedule A |
08/14/2024 | MOTION by Plaintiff Yanzhe Lu to amend/correct Schedule A to the Third Amended Schedule A |
08/12/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to amend Schedule A to the complaint, 34, is stricken. Plaintiff's motion to amend Schedule A to the complaint, 36, by dropping defendants No. 25 Best M, No. 27 Daskanian, No. 35 Implex, No. 5 Monkeyjunjun, No. 15 nulishangbanooo, No. 19 Qiysangi, No. 3 Quixella, No. 16 SHOWERRING, No. 7 yunluner, and No. 39 KOCOME, is granted. Defendants No. 25 Best M, No. 27 Daskanian, No. 35 Implex, No. 5 Monkeyjunjun, No. 15 nulishangbanooo, No. 19 Qiysangi, No. 3 Quixella, No. 16 SHOWERRING, No. 7 yunluner, and No. 39 KOCOME are dismissed. Plaintiff has already filed the amended Schedule A on the docket. 35. |
08/08/2024 | MOTION by Plaintiff Yanzhe Lu to amend/correct Schedule A as the Second Amended Schedule A |
08/07/2024 | Second Amended Schedule A by Yanzhe Lu |
08/07/2024 | MOTION by Plaintiff Yanzhe Lu to amend/correct Schedule A to the Second Amended Schedule A |
08/07/2024 | MINUTE entry before the Honorable Martha M. Pacold: By 8/9/2024, plaintiff should file a proposed preliminary injunction order and send a track changes version to the court's proposed order inbox. The proposed order should only include the defendants remaining in this action. |
08/05/2024 | First Amended Schedule A by Yanzhe Lu |
08/05/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend the complaint instanter by dropping defendants No. 59 GoodTend, No. 50 Familyhome Life Hall, NO. 43 XIOANGSNDBB, No. 55 XIOANGSNDBB, No. 53 Miangastore, No. 54 Accompai, No. 57 Chengduqiuhainian Co.,Ltd, No. 42 UM-digtal, No. 40 ZCHAINBRAND STORE, No. 14 CHENGZHI Commercial, No. 37 ETI T llc, No. 38 teafirst, and No 21 quhazn, 30 is granted. Defendants No. 59 GoodTend, No. 50 Familyhome Life Hall, NO. 43 XIOANGSNDBB, No. 55 XIOANGSNDBB, No. 53 Miangastore, No. 54 Accompai, No. 57 Chengduqiuhainian Co.,Ltd, No. 42 UM-digtal, No. 40 ZCHAINBRAND STORE, No. 14 CHENGZHI Commercial, No. 37 ETI T llc, No. 38 teafirst, and No 21 quhazn are dismissed with prejudice. For docket clarity, by 8/7/2024, plaintiff should file the Amended Schedule A, [30-1], separately on the docket. |
08/01/2024 | MOTION by Plaintiff Yanzhe Lu to amend/correct the previously filed Schedule A to the Complaint 附件: 1:(Exhibit First Amended Schedule A) |
07/24/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction, 26, under advisement and will consider the motion unopposed if no defendant appears and objects by 8/2/2024. 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, 23, 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. |
07/22/2024 | DECLARATION of Konrad Sherinian regarding motion for preliminary injunction 26 附件: 1:(Exhibit Binder of Unreported Decisions) |
07/22/2024 | MEMORANDUM by Yanzhe Lu in support of motion for preliminary injunction 26 |
07/22/2024 | MOTION by Plaintiff Yanzhe Lu for preliminary injunction |
07/19/2024 | SUMMONS Returned Executed by Yanzhe Lu as to Yanzhe Lu on 7/19/2024, answer due 8/9/2024. 附件: 1:(Declaration Declaration of service) |
07/19/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
07/11/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO, 23 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, 21, entered on 7/2/24 is extended until 7/30/24. |
07/09/2024 | MOTION by Plaintiff Yanzhe Lu for extension of time |
07/08/2024 | SURETY BOND in the amount of $ 10,000 posted by Yanzhe Lu. (Document not scanned) |
07/02/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 7/2/2024: |
07/02/2024 | MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions (6, 11) filed by plaintiff, the supporting memoranda (7) and the temporary restraining order, plaintiff's motions to seal, 11, motion for leave to file excess pages, 12, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email or electronic publication, 6, 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. |
06/28/2024 | MINUTE entry before the Honorable Martha M. Pacold: By 7/1/24, plaintiff shall comply with the procedures listed on the court's website and submit to the court's Proposed Order Inbox (Proposed_Order_Pacold@ilnd.uscourts.gov) a proposed TRO order and a track changes version showing any differences between plaintiff's proposed order and the court's template order. |
05/31/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's response, 16, 17, to the court's 5/1/24 minute entry, 15, which directed plaintiff to show cause why this case should not be dismissed for failure to comply with the joinder restrictions in 35 U.S.C. § 299. For purposes of the show-cause order, 15, the court finds that plaintiff has discharged its obligation to show that the joinder requirements of 28 U.S.C. § 299 and Rule 20 have been met. See Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", No. 21-cv-536 (N.D. Ill. Mar. 6, 2021) (Docket No. 14). |
05/08/2024 | DECLARATION of Konrad Sherinian regarding memorandum 16 附件: 1:Exhibit Exh 1 - Amazon Heavy Recruitment of Chinese Sellers 2:Exhibit Exh 2 - Intellectual Property Rights Seizure Statistics 3:Exhibit Exh 3 - Combating Trafficking in Counterfeit Goods 4:(Exhibit Exh. 4 - Binder of Unreported Cases) |
05/08/2024 | MEMORANDUM text entry 15 by Yanzhe Lu in response to Dkt. No. 15 order to show cause |
05/01/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is ordered to show cause by 5/15/24 why this case should not be dismissed for failure to comply with the joinder restrictions in 35 U.S.C. § 299. |
05/01/2024 | NOTIFICATION OF CLAIMS INVOLVING PATENTS by Yanzhe Lu |
05/01/2024 | MAILED Patent report to Patent Trademark Office, Alexandria VA |
05/01/2024 | MOTION by Plaintiff Yanzhe Lu for leave to file excess pages |
05/01/2024 | MOTION by Plaintiff Yanzhe Lu to seal Schedule A to Complaint and Exhibit 2 to Declaration of Yanzhe Lu |
05/01/2024 | SEALED DOCUMENT by Plaintiff Yanzhe Lu Exh 2 to Dec Yanzhe Lu 附件: 1:Exhibit Exh. 2 - Stores 14-28 2:Exhibit Exh. 2 - Stores 29-42 3:Exhibit Exh. 2 - Stores 43-52 4:(Exhibit Exh. 2 - Stores 53-62) |
05/01/2024 | DECLARATION of Yanzhe Lu regarding motion for temporary restraining order 6 附件: 1:(Exhibit Exh. 1 - US Pat D968,842) |
05/01/2024 | DECLARATION of Konrad Sherinian regarding motion for temporary restraining order 6 附件: 1:Exhibit Exh. 1 - Intellectual Property Rights Seizure Statistics 2:Exhibit Exh. 2 - Hague Convention 3:Exhibit Exh. 3 - Civil Procedure Law of the People's Republic of China 4:(Exhibit Exh. 4 - Binder of Unreported Cases) |
05/01/2024 | MEMORANDUM by Yanzhe Lu in support of motion for temporary restraining order 6 |
05/01/2024 | MOTION by Plaintiff Yanzhe Lu for temporary restraining order |
04/30/2024 | 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. |
04/30/2024 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 1). |
04/30/2024 | ATTORNEY Appearance for Plaintiff Yanzhe Lu by Depeng Bi |
04/30/2024 | ATTORNEY Appearance for Plaintiff Yanzhe Lu by Konrad Val Sherinian |
04/30/2024 | CIVIL Cover Sheet |
04/30/2024 | SEALED DOCUMENT by Plaintiff Yanzhe Lu Schedule A to Complaint |
04/30/2024 | COMPLAINT filed by Yanzhe Lu; Filing fee $ 405, receipt number AILNDC-21912805. 附件: 1:Exhibit Exh. 1 - An Infringing Product Listing 2:Exhibit Exh. 2 - U.S. Pat. No. D968,842 3:Exhibit Exh. 3 - Intellectual Property Rights Seizure Statistics 4:Exhibit Exh. 4 - Alibaba, Amazon, and Counterfeiting in the Age of the Internet 5:(Exhibit Exh. 5 - Combating Trafficking in Counterfeit and Pirated Goods) |