最近更新:2024-12-25
更新

2024-cv-00642

Converse Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:01/29/2024

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
10/24/2024 FULL SATISFACTION of Judgment regarding order 91 in the amount of $500,000 as to certain defendants
09/12/2024 FULL SATISFACTION of Judgment regarding order 91 in the amount of $500,000 as to certain defendant
06/20/2024 FULL SATISFACTION of Judgment regarding order 91 in the amount of $500,000 as to certain defendant
06/13/2024 DEFAULT JUDGMENT Order: Signed by the Honorable Martha M. Pacold on 6/13/2024: Mailed notice.
06/13/2024 ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment, [77]. 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 $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 6/13/2024: Mailed notice.
05/31/2024 MINUTE entry before the Honorable Martha M. Pacold: By 6/4/24, plaintiff should file an updated proposed default order to the proposed order inbox.
05/31/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter, 86, by dropping defendants No. 104 CY Co.Ltd. and No. 105 YUFAN, is granted. Defendants No. 104 CY Co.Ltd. and No. 105 YUFAN are dismissed. Plaintiff has already filed the amended Schedule A on the docket. See 87.
05/30/2024 AMENDED exhibit[2] Amended Schedule A
05/30/2024 MOTION by Plaintiff Converse Inc. for Leave to Amend Schedule A to the Complaint Instanter
05/21/2024 PRELIMINARY INJUNCTION ORDER signed by the Honorable Martha M. Pacold on 5/21/2024. Mailed notice.
05/21/2024 MINUTE entry before the Honorable Martha M. Pacold: No remaining defendant covered by plaintiff's second motion for preliminary injunction as to certain defendants, 51, has appeared or filed an objection to the motion. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction as to certain defendants, 51, which relates to defendants 129, is granted. Enter Preliminary Injunction. Mailed notice.
05/17/2024 STATUS Report per [81] by Converse Inc.
05/15/2024 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment, [77], must enter an appearance and file a written objection by 5/28/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
05/15/2024 MINUTE entry before the Honorable Martha M. Pacold: By 5/17/2024, plaintiff should file a status report indicating whether any defendants who have appeared in the case remain. Plaintiff should also file an updated preliminary injunction order to the proposed order inbox.
05/15/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend schedule A to the complaint instanter, [75] is granted. Defendants No. 26 Yangzhou Haixing Slipper Co., Ltd., and No. 85 zhuyanxin are terminated. Plaintiff has already filed the amended Schedule A on the docket. See [76].
05/14/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[78]
附件:
1:Exhibit 1
05/14/2024 MEMORANDUM by Converse Inc. in support of motion for entry of default, motion for default judgment[77]
附件:
1:Exhibit 1
05/14/2024 MOTION by Plaintiff Converse Inc. for entry of default as to all Defendants, MOTION by Plaintiff Converse Inc. for default judgment as to all Defendants
附件:
1:Exhibit A
05/14/2024 AMENDED exhibit[2] Amended Schedule A
05/14/2024 MOTION by Plaintiff Converse Inc. for Leave to Amend Schedule A to the Complaint Instanter
05/10/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter, [72] is granted. Defendant No. 9 Huaian Sunriseshoes Co., Ltd. is terminated. Plaintiff has already filed the amended Schedule A on the docket. See [73].
05/09/2024 NEW PARTIES: Adit Shoes Manufacture Co., Ltd., Foshan Chancheng Benbao Garment Factory, Fuzhou Ai Pu Trading Co., Ltd., Guangzhou Kohinoor Shoes Co., Ltd., Guangzhou Xingyuan Import And Export Trade Co., Ltd., Hebei Floating Cloud Trading Co., Ltd., Henan Haoyuhang Economic& Trade Co., Ltd., Henan Songzhi Import And Export Co., Ltd., Huaian Sunriseshoes Co., Ltd., Jiangxi Kuangben Trading Co., Ltd., Luoyang Lihuang Shoes Co., Ltd., Nanping Yanping District Lufa Trading Co., Ltd., Ningbo High-Tech Zone Qinfei Trading Firm, Quanzhou Flya Shoes And Garments Co., Ltd., Quanzhou Minyou Import And Export Co., Ltd., Quanzhou Oumeiya Import And Export Co.,Ltd, Quanzhou Xuchi Trading Co., Ltd., Quanzhou Youzhi Media Co., Ltd., Shandong Baili Clothing Co.,Ltd., Shanghai Xunyu Industrial Co., Ltd., Shenzhen Babystorm Import & Export Co., Ltd., Shenzhen Fanmaiou Technology Co., Ltd., Shenzhen Shifang Trade Co., Ltd., Welink International Co., Ltd., Wenzhou Chengyun Trading Co., Ltd., Yangzhou Haixing Slipper Co.,ltd., Yiwu Renyi Luggage Co., Ltd., Zaoqiang County Daying Town Yizhe Fur Factory, Zhongshan Manstar Sporting Goods Co., Ltd., A1FZHBGYI1GTFY, A1PHULZ4ZYLDQO, A2GYREJHWIVBRO, A2JRNSB49NFSRD, A2MNI0JLR3UKXO, A2PO6X1497E7O5, A2Q5B6K7RMRYYH, A9I8G7PF6KX40, An inconspicuous store, ChengHangZ, CNT shop, Coulomb store, Cubufly, Delivered to your home in 7-13 days, denglinxiang123, Drop-Dead Gorgeous, GAOCOI, Haixiang Shop, HUILAIMAOYI, Jack's Cabin, JERRY HOURSE, Kussiny, LALKS, LangTon, LingLiao, LiSiYue, LUXIAWANG, madongdong112, ManQian, maowu, MeiXiangShi, Newmorron, NICHOLAS WHITE, ruijingbaihuodian, Santa claus boss, senfazhuanqianqian, Starry Sky chen, Sunny&Town, TongZhenHuadedian, Tony.x, wuhaiyunamz, XiaoJingXi, yangzhouyipinshuzhuoshangmaozhongxin, zengduqudongyetaobaihuodian, ZhangJiMiFen Store, zhengzhoucentaoshangmaoyouxiangongsi, zhuyanxin, zn5917789zn, dhno01, dhshopse, guccis_shoes, mytreasure001, audio-we, cosdollbabydolls, dreamstation888482, ertxd244u, infantbabydolls, jianghaoliang, ktshg35md, vysjeiaz40mk, wyscsw11, Fashion trend, OP KIDS SHOES, ZMM SHOES, CY Co.Ltd. and YUFAN added to case caption.
05/09/2024 AMENDED exhibit[2] Amended Schedule A
05/09/2024 MOTION by Plaintiff Converse Inc. for Leave to Amend Schedule A to the Complaint Instanter
05/07/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 5/7/2024:
05/07/2024 MINUTE entry before the Honorable Martha M. Pacold: No remaining defendant covered by plaintiff's first motion for preliminary injunction as to certain defendants, [34], has appeared or filed an objection to the motion. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction as to certain defendants, [34], which relates to defendants 30-105, 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 complaint [2] to the court's docket within five business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Plaintiff's second motion for preliminary injunction as to certain defendants, [51], which relates to defendants 1-29, remains pending. The TRO previously entered by the court, [22], therefore remains in effect against defendants 1-29. See [39]; [58].
04/30/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 67 is granted. Defendant No. 101 Join Us is dismissed. Plaintiff has already filed an amended Schedule A on the docket 68. By 5/1/2024, plaintiff should submit to the court's proposed order inbox, proposed_order_pacold@ilnd.uscourts.gov, a revised proposed order on plaintiff's motion for a preliminary injunction, 34.
04/25/2024 AMENDED exhibit[2] Amended Schedule A
04/25/2024 MOTION by Plaintiff Converse Inc. for Leave to Amend Schedule A to the Complaint Instanter
04/22/2024 MINUTE entry before the Honorable Martha M. Pacold: Defendant's unopposed motion to extend deadline to answer or otherwise respond [64] is granted. Defendant Yangzhou Haixing Slipper Co., Ltd., may file an answer or otherwise responsive pleading to the complaint by 5/9/2024.
04/22/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A [61] is granted. Defendant No. 49 FZZZZZZ, No. 73 SMS2020, and No. 75 Stroll Around are terminated. Plaintiff has already filed an amended Schedule A on the docket [62].
04/18/2024 MOTION by Defendant Yangzhou Haixing Slipper Co.,ltd. for extension of time to file answer regarding complaint[1]
04/18/2024 ATTORNEY Appearance for Defendant Yangzhou Haixing Slipper Co.,ltd. by Timothy Tiewei Wang
04/18/2024 AMENDED exhibit[2] Amended Schedule A
04/18/2024 MOTION by Plaintiff Converse Inc.for Leave to Amend Schedule A to the Complaint Instanter
04/12/2024 STATUS Report pursuant to 59 (Joint) by Converse Inc.
04/02/2024 MINUTE entry before the Honorable Martha M. Pacold: By 4/12/2024, plaintiff and defendant No. 101 Join Us are directed to confer and file a joint status report addressing how they seek to proceed with this case.
04/02/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for reconsideration 57 is granted. The court's previous minute entry 56 is stricken to the extent that it denied plaintiff's first motion for a preliminary injunction 34 as moot. Plaintiff's motion for a preliminary injunction as to defendants 30-105 34 is reinstated. The temporary restraining order previously entered by the court 22 remains in effect pending the resolution of both of plaintiff's motions for preliminary injunction 34, 51. See 39. As stated in the court's previous minute entry 56, the court will consider plaintiff's second motion for a preliminary injunction 51 unopposed if no defendant appears and objects by 4/10/23.
04/01/2024 MOTION by Plaintiff Converse Inc. for reconsideration regarding order on motion for preliminary injunction, set motion and R&R deadlines/hearings, [56]
附件:
1:Exhibit A
03/29/2024 MINUTE entry before the Honorable Martha M. Pacold: In light of plaintiff's new motion for preliminary injunction 51, plaintiff's previous motion for preliminary injunction 34 is denied as moot. Plaintiff's new motion for preliminary injunction 51 is taken under advisement and the court will consider the motion unopposed if no defendant appears and objects by 4/10/2024.
03/29/2024 MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 101 Join Us's motion for an extension of time to file defendant's answer of otherwise respond to plaintiff's complaint 50 is granted. Defendant may answer or otherwise respond to plaintiffs complaint by 4/26/2024.
03/29/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 47 is granted. Defendant No. 38 AIRAINY, No. 48 FanBaiSh, No. 52 HTESYQJLshangmao, and No. 67 NAIBEN Direct are dismissed. Plaintiff has already filed an amended Schedule A 49 on the docket.
03/28/2024 SUMMONS Returned Executed by Converse Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/28/2024, answer due 4/18/2024.
附件:
1:Declaration of Berel Y. Lakovitsky
2:Exhibit A
03/28/2024 MEMORANDUM by Converse Inc. in support of motion for preliminary injunction[51]
附件:
1:Declaration of Marcella D. Slay
2:Exhibit 1
03/28/2024 MOTION by Plaintiff Converse Inc. for preliminary injunction as to Certain Defendants
附件:
1:Exhibit A
03/28/2024 MOTION by Defendant Join Us for extension of time to file answer or otherwise respond to Plaintiff's Complaint
附件:
1:Declaration
2:Exhibit Exhibit A to the Declaration
3:Exhibit Exhibit B to the Declaration
4:R3.2 Disclosure
03/28/2024 AMENDED exhibit[2] Amended Schedule A [CORRECTED]
03/28/2024 AMENDED exhibit[2] Amended Schedule A
03/28/2024 MOTION by Plaintiff Converse Inc.for Leave to Amend Schedule A to the Complaint Instanter
03/25/2024 ATTORNEY Appearance for Defendant Join Us by Mary Catherine Merz
03/25/2024 ATTORNEY Appearance for Defendant Join Us by Yan Zong
03/21/2024 ORDER: Joint motion to sever defendant Cubufly 43 is granted. The court severs plaintiff's claims against defendant Cubufly. The court requests that the Clerk of Court open a single separate lawsuit for plaintiff against Cubufly, assign a new case number to that case, and assign that case to this judge as related to this case (24-cv-00642). Once Cubufly is severed into a separate case, plaintiff will pay the filing fee, file an amended complaint in the new case (only involving Cubufly), and then Cubufly will have an opportunity to answer or otherwise plead to the complaint. Within 14 days of the opening of the new case, plaintiff and Cubufly should file a joint status report in that case regarding how the parties seek to proceed in that case and whether the parties request a status hearing and / or a referral to the assigned magistrate judge for discovery and / or settlement (the parties' consent is not required for such a referral, but having the parties' views on that topic would nonetheless assist the court). Docket entries 1, 2, 7, 8, 9, 10, 28 will be added to the docket of the new case. Plaintiff also requests that 3 6, 11 - 28, 34 36, and 39 on this docket be placed on the docket of the severed case. That request is denied, but plaintiff and Cubufly may file any documents or motions on the docket of the severed case. Per the parties' joint request, see 43, Cubufly's motion to sever 29 is denied as moot and the briefing schedule set in 37 is stricken. Last, plaintiff should send an updated proposed preliminary injunction order that reflects this order to the proposed order inbox by 3/22/24. Signed by the Honorable Martha M. Pacold on 3/21/2024: Mailed notice
03/15/2024 MOTION by Plaintiff Converse Inc. to sever Defendant Cubufly (Joint)
附件:
1:(Exhibit 1)
03/04/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 40 is granted. Plaintiff has already filed an amended Schedule A on the docket 41. Defendant No. 59 LiChuanShiMiaoGeYueDiWangLuoKeJiYouXianGongSi is dismissed.
02/29/2024 AMENDED exhibit 2 Amended Schedule A
02/29/2024 MOTION by Plaintiff Converse Inc.for Leave to Amend Schedule A to the Complaint Instanter
02/23/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 34 under advisement and will consider the motion unopposed if no defendant appears and objects by 3/11/2024. Plaintiff shall serve defendants with this notice. The TRO is 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).
02/23/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A 32 is granted. Defendant No. 40 annengvas is terminated. Plaintiff has already filed an amended Schedule A on the docket 33.
02/23/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff and defendant No. 44 Cubufly's agreed proposed briefing schedule 31 is adopted. Plaintiff's response to defendant Cubufly's motion to sever for misjoinder 29 is due by 3/15/2024. Defendant Cubufly's reply is due by 3/29/2024.
02/22/2024 SUMMONS Returned Executed by Converse Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/22/2024, answer due 3/14/2024.
附件:
1:Declaration of Berel Y. Lakovitsky
2:Exhibit A
02/22/2024 MEMORANDUM by Converse Inc. in support of motion for preliminary injunction[34]
附件:
1:Declaration of Marcella D. Slay
2:Exhibit 1
02/22/2024 MOTION by Plaintiff Converse Inc. for preliminary injunction as to Certain Defendants
附件:
1:Exhibit A
02/22/2024 SEALED EXHIBIT by Plaintiff Converse Inc. Amended Schedule A regarding exhibit[2]
02/22/2024 MOTION by Plaintiff Converse Inc. for Leave to Amend Schedule A to the Complaint Instanter
02/22/2024 Agreed Proposed Briefing Schedule by Converse Inc.
02/21/2024 MINUTE entry before the Honorable Martha M. Pacold: The parties should file by 2/23/24 an agreed briefing schedule on defendant Cubufly's motion to sever for misjoinder under FRCP 20(a)(2), [29].
02/16/2024 MOTION by Defendant CUBUFLY to sever under FRCP 20(a)(2)
02/13/2024 ATTORNEY Appearance for Defendant CUBUFLY by Pete Scott Wolfgram
02/12/2024 ORDER EXTENDING TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 2/12/2024:
02/12/2024 MINUTE entry before the Honorable Martha M. Pacold: For the reasons in the attached order, plaintiff's ex parte motion for extension of time of temporary restraining order [24] is granted. The court's TRO [22] entered on 1/30/24 is extended until 2/27/24. Enter order extending TRO.
02/09/2024 MEMORANDUM by Converse Inc. in support of extension of time 24
附件:
1:(Declaration of Marcella D. Slay)
02/09/2024 MOTION by Plaintiff Converse Inc. for extension of time of Temporary Restraining Order
02/05/2024 SURETY BOND in the amount of $ 10,000 posted by Converse Inc. (Document not Imaged)
01/31/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
01/30/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 1/30/2024:
01/30/2024 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions ([3], [13], and [18]) filed by plaintiff Converse Inc., the supporting memorandum, [14], and the temporary restraining order, plaintiff's motions for leave to file under seal, [3], for electronic service of process [18], 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.
01/29/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]
附件:
1:Exhibit 1
2:Exhibit 2
01/29/2024 MEMORANDUM by Converse Inc. in support of motion for miscellaneous relief[18]

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