最近更新:2024-12-25
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2022-cv-01075

Nike, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"

日期:03/01/2022

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
05/11/2022 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
附件:
1:(Closing Minute Entry dated 5/6/2022)
05/06/2022 ENTERED JUDGMENT Signed by the courtroom deputy 05/06/2022. Emailed notice
05/06/2022 FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 05/06/2022. Emailed notice
05/06/2022 MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the Plaintiff's motion for default judgment 33 is granted, though the statutory damages award shall be $30,000. Given the willfulness established by the default, a permanent injunction shall issue. A separate AO-450 judgment shall be entered. The tracking status hearing of 05/13/2022 is vacated. Civil case terminated. Emailed notice
05/02/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[34]
附件:
1:Exhibit 1
05/02/2022 MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment[33]
附件:
1:Exhibit 1
05/02/2022 MOTION by Plaintiff Nike, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Nike, Inc. for default judgment as to all Defendants
附件:
1:Exhibit A
04/06/2022 SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 4/6/2022, answer due 4/27/2022.
附件:
1:Declaration of Rachel S. Miller
2:(Exhibit A) (Docket Text Modified by Clerk's Office on 4/7/2022)
04/04/2022 NEW PARTIES: Antiquarium Antique Maps added to case caption.
04/04/2022 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 04/04/2022. Emailed notice
04/04/2022 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for a preliminary injunction [28] is granted based on the continued applicability of the facts that justified the TRO. The tracking status hearing of 04/08/2022 is reset to 05/13/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 05/05/2022. If the Defendants are in default after the answer deadline, however, then the Defendants are deemed in default and the Plaintiff shall file a default-judgment motion by 05/05/2022. Emailed notice
04/01/2022 MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction, extension of time[28]
附件:
1:Declaration of Jake M. Christensen
2:Exhibit 1
04/01/2022 MOTION by Plaintiff Nike, Inc. for preliminary injunction, MOTION by Plaintiff Nike, Inc. for extension of time of Temporary Restraining Order
附件:
1:Exhibit A
04/01/2022 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A"
03/22/2022 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion on the TRO 25 is granted through 04/08/2022, given the continued applicability of the circumstances that warranted the issuance of the initial TRO. The tracking status hearing of 03/25/2022 is reset to 04/08/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 04/01/2022, or if no Defendant has appeared in the case, then the Plaintiff shall file the status report on its own and also a preliminary injunction motion if appropriate. Emailed notice
03/18/2022 MEMORANDUM by Nike, Inc. in support of extension of time[25]
附件:
1:Declaration of Jake M. Christensen
03/18/2022 MOTION by Plaintiff Nike, Inc. for extension of time of Temporary Restraining Order
03/16/2022 BOND in the amount of $ $1000.00 check, Receipt No. 4624269374, posted by Nike, Inc.
03/11/2022 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 03/11/2022. Emailed notice (mw,)
03/11/2022 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 15 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 3 for leave to file under seal is granted in light of the asset-restraint goal. By 03/18/2022, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion 20 for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 03/25/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 03/18/2022. Emailed notice
03/09/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[21]
附件:
1:Exhibit 1
2:Exhibit 2
03/09/2022 MEMORANDUM by Nike, Inc. in support of motion for miscellaneous relief[20]
03/09/2022 MOTION by Plaintiff Nike, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
03/09/2022 SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 regarding declaration[18]
03/09/2022 DECLARATION of Joe Pallett regarding memorandum in support of motion[16]
附件:
1:Exhibit 1
2:Exhibit 2
03/09/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
03/09/2022 MEMORANDUM by Nike, Inc. in support of motion for temporary restraining order[15]
03/09/2022 MOTION by Plaintiff Nike, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
03/04/2022 SEALED EXHIBIT by Plaintiff Nike, Inc. Schedule A regarding amended complaint[13]
03/04/2022 AMENDED complaint by Nike, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule "A"
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
03/02/2022 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
03/02/2022 MAILED trademark report to Patent Trademark Office, Alexandria VA.
03/01/2022 ATTORNEY Appearance for Plaintiff Nike, Inc. by Rachel Susan Miller
03/01/2022 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.
03/01/2022 ATTORNEY Appearance for Plaintiff Nike, Inc. by Jake Michael Christensen
03/01/2022 ATTORNEY Appearance for Plaintiff Nike, Inc. by Amy Crout Ziegler
03/01/2022 ATTORNEY Appearance for Plaintiff Nike, Inc. by Justin R. Gaudio
03/01/2022 Notice of Claims Involving Trademarks by Nike, Inc.
03/01/2022 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nike, Inc.
03/01/2022 CIVIL Cover Sheet
03/01/2022 MOTION by Plaintiff Nike, Inc. for leave to file under seal
03/01/2022 SEALED EXHIBIT by Plaintiff Nike, Inc. Schedule A regarding complaint[1]
03/01/2022 COMPLAINT filed by Nike, Inc.; Filing fee $ 402, receipt number 0752-19203578.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

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