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2022-cv-01457
| 日期 | 描述 |
|---|---|
| 06/06/2024 | SATISFACTION of Judgment |
| 07/21/2023 | SATISFACTION of Judgment |
| 07/19/2023 | SATISFACTION of Judgment |
| 06/13/2023 | SATISFACTION of Judgment |
| 05/23/2023 | SATISFACTION of Judgment |
| 05/09/2023 | SATISFACTION of Judgment |
| 03/02/2023 | SATISFACTION of Judgment |
| 12/09/2022 | MAILED trademark report and certified copy of minute order dated 12/8/2022 96 to Patent Trademark Office, Alexandria VA. |
| 12/08/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff has filed a status report stating that it has resolved all claims against the remaining defendants. The Clerk is directed to close this case. Any pending motions are terminated as moot; any upcoming hearings are vacated. Civil case terminated. Mailed notice. |
| 12/06/2022 | SATISFACTION of Judgment |
| 12/06/2022 | STATUS Report by KTM AG |
| 11/14/2022 | SATISFACTION of Judgment |
| 11/13/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's claims against the following defendants are voluntarily dismissed without prejudice: NewNew MT Store, Shop3106033 Store, AR Fairings & Customized Store, and Estelle motorcycle Store. The deadline for filing any motion for default judgment as to any defendant(s) remaining in the case is 12/8/2022. |
| 11/12/2022 | NOTICE of Voluntary Dismissal by KTM AG PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL |
| 11/11/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: The telephonic hearing date of 11/14/2022 is vacated. The Court grants the motion 62 by three defendants Estelle Motorcycle Store, NewNewMT Store and shop3106038 to dissolve the preliminary injunction that the Court entered against them in this case on 4/18/2022. The Court is not persuaded that plaintiff KTM AG has shown a reasonable likelihood of success on the merits of its claim of trademark infringement against these defendants. The claim, reduced to its essentials, turns on KTM's contention that defendants' usage of the term "KTM" in their online marketing of products they are selling for use on or with KTM motorcycles creates a reasonable likelihood of confusion regarding the source of the products. In other words, KTM contends that consumers are likely to believe that the products sold online by the defendants were made (or, perhaps, licensed) by KTM. The Court does not find the limited evidence presented by KTM on that point to be persuasive. The screenshots offered by KTM show that the defendants identify the products as "for KTM," but there is nothing about the products themselves or the way they are pitched on the defendants' websites (at least based on the limited evidence offered by KTM) that suggests that they are made by KTM. Rather, they are pitched as KTM-compatible. That's a descriptive use of the term, and likely a fair use, not an indication of source, sponsorship, or endorsement. KTM may be able to make a better case at a trial on the merits or on summary judgment, but on the present record it has not shown the reasonable likelihood of success needed to sustain the preliminary injunction that it obtained before the defendants appeared in the case through counsel. The defendants' response to the complaint is to be filed by 11/28/2022. The case is set for a telephonic status hearing on 12/13/2022 at 8:55 AM, using call-in number 888-684-8852, access code 746-1053. A joint status report by plaintiff and all remaining defendants is to be filed on 12/6/2022. |
| 11/04/2022 | SATISFACTION of Judgment |
| 10/28/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 10/28/2022. Plaintiff's response to the motion to dismiss 86 is due 11/18/2022; defendant's reply is due 11/30/2022. A telephonic status hearing is set for 11/14/2022 at 9:05 a.m. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053. 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, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
| 10/28/2022 | ATTORNEY Appearance for Defendants Estelle motorcycle Store, NewNew MT Store, Shop3106033 Store by Douglas B. Harper and LOCAL COUNSEL DESIGNATION in compliance with LR83.15 |
| 10/26/2022 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant AR Fairings & Customized Store 附件： 1:(Exhibit A - Plaintiff's evidence against Defendant AR Fairings) |
| 10/26/2022 | ATTORNEY Appearance for Defendants Estelle motorcycle Store, NewNew MT Store, Shop3106033 Store by Jiyuan Zhang |
| 10/26/2022 | REPLY by Estelle motorcycle Store, NewNew MT Store, Shop3106033 Store to Response, 80 附件： 1:Declaration of Zhang 2:Exhibit A. Transcript 3:Exhibit B. NewNew MT Store Products 4:Exhibit C. Estelle motorcycle Store Products 5:(Exhibit D. Shop3106033 Store Products) |
| 10/22/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: The motion to dismiss 59 filed by defendants CSPART Official Store, DLSMoto Store is hereby withdrawn. |
| 10/21/2022 | notice of withdrawal of motion by CSPART Official Store, DLSMoto Store |
| 10/20/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file executed declaration 79 is granted. |
| 10/19/2022 | RESPONSE by Plaintiff KTM AG Plaintiff's Response to Defendants' Motion to Dissolve Preliminary Injunction [Dkt. No. 62] 附件： 1:Exhibit A 2:Exhibit B 3:Exhibit C 4:Exhibit D 5:Exhibit E 6:Exhibit F 7:Exhibit G 8:Exhibit H |
| 10/19/2022 | MOTION by Plaintiff KTM AG for leave to file Plaintiff's Motion for Leave to File Executed Declaration 附件： 1:Exhibit A |
| 10/15/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for extension of time 77 is granted. Due date for response to motion to vacate preliminary injunction is extended to 10/19/2022; due date for reply to response is extended to 10/26/2022. |
| 10/14/2022 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Response to Defendants' Motion to Vacate Preliminary Injunction [Dkt. No. 62] |
| 10/13/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Certain defendants' motion for a one-week extension of time to file their reply brief in support of their motion to dismiss is granted [75]; the due date is extended to 10/21/2022. |
| 10/12/2022 | MOTION by Defendants CSPART Official Store, DLSMoto Store for extension of time to file response/reply |
| 10/08/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file excess pages 72 is granted. |
| 10/07/2022 | RESPONSE by Plaintiff KTM AG Plaintiff's Response to Defendant's Motion to Dismiss or Modify the Preliminary Injunction Order 附件： 1:Exhibit A 2:Exhibit B 3:Exhibit C 4:Exhibit D 5:Exhibit E 6:Exhibit F 7:Exhibit G 8:Exhibit H 9:Exhibit I 10:Exhibit J |
| 10/07/2022 | MOTION by Plaintiff KTM AG for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 10/07/2022 | FINAL JUDGMENT ORDER as to certain defendants signed by the Honorable Matthew F. Kennelly on 10/7/2022: Motion for default judgment [66] is granted as to the defendants named in the motion except for defendant AR Fairings & Customized Store. The Court has eliminated that defendant from the default judgment order. Defendant AR Fairings & Customized Store's motion for extension of time [70] is granted; response to complaint is to be filed by 10/26/2022. |
| 10/05/2022 | MOTION by Defendant AR Fairings & Customized Store for extension of time to file answer regarding complaint 1 |
| 10/05/2022 | ATTORNEY Appearance for Defendant AR Fairings & Customized Store by Erin Kathryn Russell |
| 10/05/2022 | DECLARATION of Michael A. Hierl regarding motion for default judgment 66 附件： 1:(Exhibit Hierl Exhibit 1) |
| 10/05/2022 | MEMORANDUM by KTM AG in support of motion for default judgment 66 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 10/05/2022 | MOTION by Plaintiff KTM AG for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A |
| 10/05/2022 | DECLARATION of Robert P. McMurray Declaration of Service |
| 10/03/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 10/3/2022. Plaintiff's motion for extension of time 63 is granted. The deadline for the plaintiff's response to the motion to dismiss 59 is extended to 10/7/2022. The deadline for the defendant's reply is extended to 10/14/2022. The plaintiff's response to defendants' motion to vacate preliminary injunction 62 is set for 10/14/2022; defendants' reply is due 10/21/2022. A telephonic status hearing is set for 10/28/2022 at 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
| 09/30/2022 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Response to Defendants' Motion to Dismiss |
| 09/28/2022 | MOTION by Defendants Estelle motorcycle Store, NewNew MT Store, Shop3106033 Store to vacate preliminary injunction, order 31 附件： 1:Declaration of Wu 2:(Declaration of Zhuang) |
| 09/26/2022 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 176 |
| 09/17/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Response to certain defendants' motion to dismiss 59 is to be filed by 9/30/2022; reply to response is to be filed by 10/7/2022. The Court may discuss the motion at the telephonic status hearing set for 10/3/2022 at 8:50 AM. |
| 09/16/2022 | MOTION by Defendants CSPART Official Store, DLSMoto Store to dismiss the Complaint under Rule 12(b)(2), 12(b)(5) and 12(b)(6) 附件： 1:Brief in support of the motion 2:Declaration of Zhenqiang Li 3:Declaration of Kevin K. Tung 4:Exhibit A to Tung Decl. 5:Exhibit B to Tung Decl. 6:Exhibit C to Tung Decl. 7:Exhibit D to Tung Decl. 8:(Exhibit E to Tung Decl.) |
| 09/16/2022 | ATTORNEY Appearance for Defendants CSPART Official Store, DLSMoto Store by Kevin K. Tung |
| 09/08/2022 | ATTORNEY Appearance for Defendant NewNew MT Store by Jiyuan Zhang |
| 09/06/2022 | ATTORNEY Appearance for Defendants CSPART Official Store, DLSMoto Store by Erin Kathryn Russell (local counsel appearance) |
| 09/06/2022 | ATTORNEY Appearance for Defendants Shop1934904 Store, SportsStars Store by Erin Kathryn Russell |
| 08/28/2022 | ATTORNEY Appearance for Defendants Estelle motorcycle Store, Shop3106033 Store by Jiyuan Zhang |
| 08/27/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion for extension of time 52 is granted; due date for response to complaint by defendants CSPART Official Store and DLSMoto Store is extended to 9/16/2022. Counsel for defendants is advised that if counsel is not a member of the bar of the Northern District of Illinois, a properly-supported motion to appear pro hac vice must be filed within 5 days of entry of this order. |
| 08/26/2022 | MOTION by Defendants CSPART Official Store, DLSMoto Store for extension of time to file answer |
| 08/26/2022 | ATTORNEY Appearance for Defendants CSPART Official Store, DLSMoto Store by Jiajie Cao |
| 08/24/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to compel [44] is withdrawn. |
| 08/23/2022 | MOTION by Plaintiff KTM AG to withdraw Plaintiff's Motion to Withdraw its Motion to Compel [Dkt. No.44] |
| 08/19/2022 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 99 |
| 08/03/2022 | CERTIFICATE of Service by Plaintiff KTM AG |
| 08/03/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/3/2022. The motion to compel Alipay 44 is taken under advisement. Plaintiff is given until 8/24/2022 to file a memorandum of support. Alipay is given until 9/14/2022 to file a response. If Alipay does not file a response, the Court will rule on the motion without the benefit of alley pay's views. Any reply is due on 9/23/2022. Plaintiff's counsel is directed to promptly provide Alipay a copy of this order and is to confirm on the record that they had sent it. A telephonic status hearing is set for 10/3/2022 at 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852, conference code 746-1053. 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, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
| 07/28/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 8/29/2022 is vacated and advanced to 8/3/2022 at 9:25 a.m., using call-in number 888-684-8852, access code 746-1053. The purpose of the hearing will be to address plaintiff's recently filed motion to compel regarding Alipay. 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, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. |
