最近更新:2024-12-25
更新

2022-cv-03211

The United States Playing Card Company v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:06/23/2022

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
03/28/2024 FULL SATISFACTION of Judgment regarding order 83 as to certain defendants
02/15/2024 FULL SATISFACTION of Judgment regarding order 83 as to certain defendant
02/01/2024 FULL SATISFACTION of Judgment regarding order 83 as to certain defendants
08/31/2023 FULL SATISFACTION of Judgment regarding order 83 in the amount of $500,000 as to certain defendant
03/06/2023 NOTICE of withdrawal of bond 27 by Greer, Burns & Crain, Ltd.
02/22/2023 MAILED trademark report to Patent Trademark Office, Alexandria VA
02/22/2023 DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 2/22/2023. Mailed notice
02/22/2023 ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 63. 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 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 dollars ($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 2/22/2023. Mailed notice
12/29/2022 ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice.
12/27/2022 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A 78 is granted. Plaintiff has already filed an amended Schedule A on the docket 79. Defendants Tootye us, gentoys, Toysmall2017, and tradeonlineroyal terminated.
12/23/2022 AMENDED exhibit[2] Amended Schedule A
12/23/2022 MOTION by Plaintiff The United States Playing Card Company for Leave to Amend Schedule A to the Complaint instanter
12/13/2022 ORDER: The court has reviewed the recent docket entries (72, 73, 74, 75, 76). The motion for leave to appear pro hac vice 72 is granted. Defendants Tootye us, gentoys, toysmall2017, and tradeonlineroyal shall file their opposition or objection to Plaintiff's motion for an entry of default and default judgment 60 by 1/9/2023. Plaintiff's response is due 1/30/2023. Defendants' reply is due by 2/13/2023. Signed by the Honorable Martha M. Pacold on 12/13/2022. Mailed notice.
12/13/2022 ATTORNEY Appearance for Defendants Tootye us, gentoys, toysmall2017, tradeonlineroyal by Weisun Rao
12/13/2022 EXHIBIT by Plaintiff The United States Playing Card Company Exhibit A regarding Response 74
12/13/2022 RESPONSE by Plaintiff The United States Playing Card Company to status report 73
12/12/2022 STATUS Report REGARDING BRIEFING SCHEDULE by Tootye us, gentoys, toysmall2017, tradeonlineroyal
12/12/2022 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20130249.
09/26/2022 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for leave to amend Schedule A to the complaint instanter. 69. Plaintiff's motion 69 is granted. The amended Schedule A has already been filed on the docket. 70. Defendant TAOYATAO is hereby dismissed.
09/23/2022 AMENDED exhibit 2 Amended Schedule A
09/23/2022 MOTION by Plaintiff The United States Playing Card Company for Leave to Amend Schedule A to the Complaint instanter
09/15/2022 ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 9/15/2022. Mailed notice
09/15/2022 NEW PARTIES: Ai Poker Store, AliExpress Convenient Life Supermarket 2226 Store, Ali-Jetting Toy Store, babytoy88 Store, BoBo Chou Store, Child-Toy Store, Equipment and Amusement Store, ESTDYY Store, FUNNY- Store, Gift & Souvenir Store, Glorious for You Store, Good Life + N Store, HelloSports 3638 Store, HY Fashion, IN-VAIN Store, Kawaii-Toy Store, laowu's toy Store, liuliublue Store, LZ outdoor life Store, MAGICZOO Store, mimiya Store, mina shop, Mommy Life Store, OODDT Store, purpleu EntertainmentSports Store, Q SportCyclingFishing Accessories Store, QMeggie Store, Resurgam Store, Rhythmic movement Store, Shop 58622 Store, Shop2919053 Store, Shop2930042 Store, Shop5287016 Store, Shop910453059 Store, Shop910745182 Store, SUSAJ Official Store, Tam Pleasure Store, Tammy MI Store, TEPWJUO Store, top2007- store, Xiaolan Gimmick Store, Xing Peng Entertainment Store, YA Chlidren House Store, Yernea Fishing Tackle Co., Store, Yernea Official Store, boofaa, Bright-US, Health Kang, Julan-, KARMAS PRODUCTS, Lakesense Industry, livebest, LunBoShangMao, QTEO, TAOYATAO, Tootye us, WANLINGWANGLUO-US, zzzyyySZ, gentoys, gh4e-8, henni000-9, joylife, re889_9, toysmall2017, tradeonlineroyal and Dayszip added to case caption.
09/15/2022 CONSENT JUDGMENT as to defendants CenturyProsper, hubeibinyaoshangmaoyouxiangongsi, Springs Heart, EAST VIRTUE, New Continent, Starlight Gatherer, and YESTUNE Signed by the Honorable Martha M. Pacold on 9/15/2022:
09/15/2022 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of consent judgment as defendants CenturyProsper, hubeibinyaoshangmaoyouxiangongsi, Springs Heart, EAST VIRTUE, New Continent, Starlight Gatherer, and YESTUNE 59 is granted. Defendants CenturyProsper, hubeibinyaoshangmaoyouxiangongsi, Springs Heart, EAST VIRTUE, New Continent, Starlight Gatherer, and YESTUNE are hereby dismissed with each party to bear its own attorneys' fees and costs.
09/15/2022 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 9/15/2022:
09/15/2022 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint 57 is granted. Defendants CHoppyWAVE, HFGSJDFHG, and XIGUIKEJI are hereby dismissed. No remaining defendant has appeared or filed an objection to the motion for preliminary injunction 28. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction 28 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 Schedule A 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.
09/13/2022 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default, and default judgment [60] must enter an appearance and file a written objection by by 9/26/2022. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
09/12/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[61]
附件:
1:Exhibit 1
09/12/2022 MEMORANDUM by The United States Playing Card Company in support of motion for entry of default, motion for default judgment, [60]
附件:
1:Exhibit 1
09/12/2022 MOTION by Plaintiff The United States Playing Card Company for entry of default, MOTION by Plaintiff The United States Playing Card Company for default judgment as to all defendants with the exception of certain defendants which are subject to Plaintiff's Motion to approve consent judgment [59]
附件:
1:Exhibit A
09/12/2022 MOTION by Plaintiff The United States Playing Card Company to approve consent judgment as to Certain Defendants
附件:
1:Exhibit A
09/09/2022 AMENDED exhibit 2 Amended Schedule A
09/09/2022 MOTION by Plaintiff The United States Playing Card Company for Leave to Amend Schedule A to the Complaint instanter
09/08/2022 ORDER: THIS CAUSE being before the Court on Plaintiff The United States Playing Card Company's ("Plaintiff" or "USPC") and Defendant Karmas Far, Inc.'s ("Defendant") Joint Motion to Withdraw Motion for Entry of a Preliminary Injunction and to Sever Defendant. The Temporary Restraining Order [22] as to Defendant is vacated. Plaintiff's Motion for Entry of a Preliminary Injunction [28] as to Defendant has been withdrawn and the corresponding briefing schedule [47] is vacated as moot. Plaintiff's Motion for Entry of a Preliminary Injunction [28] remains pending as to all other Defendants. See [31]. Defendant's Motion to Dismiss [44] is withdrawn and the corresponding briefing schedule [45] vacated as moot. Defendant Karmas Far, Inc. is severed from this case pursuant to Fed. R. Civ. P. 21. The Clerk is directed to open a new case and place the Complaint [1] on the docket, but list only Defendant Karmas Far, Inc. as a named Defendant. The case will be randomly assigned. Plaintiff shall pay the filing fee for the new case. Plaintiff shall file an Amended Complaint as to Defendant in the new lawsuit within twenty-one (21) daysof the new lawsuit being opened. Signed by the Honorable Martha M. Pacold on 9/8/2022. Mailed notice
09/08/2022 MINUTE entry before the Honorable Martha M. Pacold: The status hearing set for 9/8/2022 is stricken.
09/07/2022 MOTION by Plaintiff The United States Playing Card Company withdraw motion for entry of preliminary injunction as to defendant Karmas Far, Inc. (joint), MOTION by Plaintiff The United States Playing Card Company to sever defendant Karmas Far, Inc. (joint)
09/01/2022 MINUTE entry before the Honorable Martha M. Pacold: Parties' request to reset the status hearing is granted. Status hearing set for 9/1/2022 is stricken and reset to 9/8/2022 at 9:15 a.m. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions deemed necessary by the court.
08/26/2022 MINUTE entry before the Honorable Martha M. Pacold: Telephonic status hearing held on 8/26/2022 on defendant Karmas Far's emergency motion 48. For the reasons stated on the record, the motion 48 is granted to the extent that the asset freeze with respect to Karmas Far (specifically, Defendant No. 53, KARMAS FAR PRODUCTS, and Defendant No. 55, livebest) is reduced to $5,000. In all other respects, the motion is denied. Telephonic status hearing set for 9/1/2022 at 8:30 a.m. for the parties to present any additional information and to consider whether a further reduction in the amount of the asset freeze would be appropriate. The parties should file any supplemental briefs and evidence by noon on 8/31/2022.
08/26/2022 REPLY by Defendant Karmas Far, Inc. to motion to clarify, 48 (La Porte, Michael)
08/26/2022 MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing on defendant Karmas Far, Inc.'s emergency motion to clarify 48 is set for 8/26/2022 at 11:30 a.m. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions deemed necessary by the court.
08/26/2022 RESPONSE by The United States Playing Card Company to MOTION by Defendant Karmas Far, Inc. to clarify EMERGENCY MOTION TO CLARIFY IF PRELIMINARY INJUNCTION AND PRIOR ALLOWED DISCOVERY APPLIES TO PRELIMINARY INJUNCTION OPPONENT KARMAS FAR, INC., OR IN THE ALTERNATIVE, EMERGENCY MOTION TO VACATE OR STAY 48
08/25/2022 MOTION by Defendant Karmas Far, Inc. to clarify EMERGENCY MOTION TO CLARIFY IF PRELIMINARY INJUNCTION AND PRIOR ALLOWED DISCOVERY APPLIES TO PRELIMINARY INJUNCTION OPPONENT KARMAS FAR, INC., OR IN THE ALTERNATIVE, EMERGENCY MOTION TO VACATE OR STAY PRELIMINARY INJUNCTION AND ASSET FREEZE AND STAY DISCOVERY AS TO KARMAS FAR PENDING DECISION (La Porte, Michael)
08/25/2022 MINUTE entry before the Honorable Martha M. Pacold: Any reply by plaintiff to defendant Karmas Far, Inc.'s opposition [46] to the motion for preliminary injunction [28] is due by 9/15/2022.
08/24/2022 RESPONSE by Karmas Far, Inc.in Opposition to MOTION by Plaintiff The United States Playing Card Company for preliminary injunction MOTION by Plaintiff The United States Playing Card Company for extension of time of Temporary Restraining Order[28]
附件:
1:Exhibit A
2:Exhibit B
3:Exhibit C
08/24/2022 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's response to defendant Karmas Far, Inc.'s motion to dismiss [44] is due by 9/13/2022. Any reply by Karmas Far, Inc. is due by 9/27/2022.
08/23/2022 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Karmas Far, Inc. (La Porte, Michael)
08/23/2022 MINUTE entry before the Honorable Martha M. Pacold: Isaku M. Begert's motion to withdraw as counsel of record on behalf of plaintiff [41] is granted. Attorney Isaku Begert terminated.
08/23/2022 ATTORNEY Appearance for Plaintiff The United States Playing Card Company by Rachel S Miller
08/23/2022 MOTION by Attorney Isaku M. Begert to withdraw as attorney for The United States Playing Card Company. No party information provided
08/18/2022 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint 38 is denied. The motion seeks leave to amend the Schedule A to remove defendants JIU RONG, ShellKingdom, and xs LTD. The court has already granted leave to do so. 33. Plaintiff's motion 38 is therefore unnecessary, duplicative, and seeks relief that the court has already granted.
08/16/2022 AMENDED exhibit[2] Amended Schedule A
08/16/2022 MOTION by Plaintiff The United States Playing Card Company for Leave to Amend Schedule A to the Complaint instanter
08/16/2022 MINUTE entry before the Honorable Martha M. Pacold: Defendant Karmas Far, Inc.'s motion to reset deadline to oppose preliminary injunction [36] is granted. Any response to plaintiff's motion for preliminary injunction [28] is due by 8/24/2022.
08/15/2022 MOTION by Defendant Karmas Far, Inc. for extension of time to file response/reply as to motion for preliminary injunction, extension of time, [28]
附件:
1:Declaration of Roland Tong
08/15/2022 ATTORNEY Appearance for Defendant Karmas Far, Inc. by Michael R. La Porte (La Porte, Michael)
08/15/2022 ATTORNEY Appearance for Defendant Karmas Far, Inc. by Robert P. Greenspoon
08/15/2022 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [32], which seeks to voluntarily dismiss defendants JIU RONG, ShellKingdom, and xs LTD under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants JIU RONG, ShellKingdom, xs LTD from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 8/17/2022 identifying the remaining defendants.
08/12/2022 NOTICE of Voluntary Dismissal by The United States Playing Card Company as to certain defendants
07/26/2022 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 28 under advisement and will consider the motion unopposed if no defendant appears and objects by 8/10/2022. 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.
07/25/2022 SUMMONS Returned Executed by The United States Playing Card Company as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/25/2022, answer due 8/15/2022.
附件:
1:Declaration of Kahlia R. Halpern
2:Exhibit A
07/25/2022 MEMORANDUM by The United States Playing Card Company in support of motion for preliminary injunction, extension of time, [28]
附件:
1:Declaration of Isaku M. Begert
2:Exhibit 1
07/25/2022 MOTION by Plaintiff The United States Playing Card Company for preliminary injunction, MOTION by Plaintiff The United States Playing Card Company for extension of time of Temporary Restraining Order
附件:
1:Exhibit A
07/11/2022 CIVIL BOND in the amount of $ $10,000.00 posted by The United States Playing Card Company (Document not scanned)
07/12/2022 EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 7/12/2022:
07/12/2022 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order 23 is granted. The TRO is extended until 7/28/2022.
07/11/2022 MEMORANDUM by The United States Playing Card Company in support of extension of time[23]
附件:
1:Declaration of Isaku M. Begert
07/11/2022 MOTION by Plaintiff The United States Playing Card Company for extension of time of Temporary Restraining Order
07/07/2022 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
06/30/2022 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 6/30/2022:
06/30/2022 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 electronic service of process 18, for leave to file under seal 3, 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.
06/23/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19
附件:
1:Exhibit 1
2:(Exhibit 2)
06/23/2022 MEMORANDUM by The United States Playing Card Company in support of motion for miscellaneous relief 18
06/23/2022 MOTION by Plaintiff The United States Playing Card Companyfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
06/23/2022 SEALED EXHIBIT by Plaintiff The United States Playing Card Company Exhibit 3 - Parts 1 - 4 regarding declaration 16
附件:
1:Exhibit 3-1
2:Exhibit 3-2
3:Exhibit 3-3
4:(Exhibit 3-4)
06/23/2022 DECLARATION of Tricia Bouras regarding memorandum in support of motion 14
附件:
1:Exhibit 1
2:(Exhibit 2)

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