最近更新:2024-12-25
更新

2022-cv-02955

Volkswagen Group of America, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:06/06/2022

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
03/02/2023 FULL SATISFACTION of Judgment regarding order 46 in the amount of $100,000 as to certain defendants
01/05/2023 FULL SATISFACTION of Judgment regarding order 46 in the amount of $100,000 as to certain defendant
12/07/2022 RETURN of Service of USPS Certified Mail Return Receipt # 7019 2280 0000 0962 7623 returned Executed as to Justin R. Gaudio.
10/31/2022 MAILED original ten-thousand-dollar ($10,000) surety bond posted by by Volkswagen Group of America, Inc. to Justin R. Gaudio of Greer Burns & Crain Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail # 7019 2280 0000 0962 7623.
10/31/2022 FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 10/31/2022.Mailed notice
10/31/2022 ORDER signed by the Honorable John F. Kness on 10/31/2022. The ten-thousand-dollar ($10,000) surety bond posted by Volkswagen Group of America, Inc. is hereby released to Board of Regents of Volkswagen Group of America, Inc.or its counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Justin R. Gaudio of Greer Burns & Crain Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail. Enter final judgment order. Civil case terminated. Mailed notice
09/23/2022 NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendant
09/16/2022 NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendants
09/01/2022 MINUTE entry before the Honorable John F. Kness: Defendant's Motion for extension of time to answer 41 is granted. Defendants dtangorsong, glory1016, greathy_store, and luckydream88 must answer or otherwise plead to Plaintiff's complaint on or before 9/28/2022. Mailed notice
08/29/2022 MOTION by Defendants dtangorsong, glory1016, greathy_store, luckydream88 for extension of time to file answer regarding complaint 1
08/29/2022 ATTORNEY Appearance for Defendants dtangorsong, glory1016, greathy_store, luckydream88 by Erin Kathryn Russell
08/22/2022 CERTIFICATE of Service by Plaintiff Volkswagen Group of America, Inc. pursuant to 38
附件:
1:(Exhibit A)
08/22/2022 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 35 for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 8/29/2022. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within two business days of its entry on the docket and must file proof of service within three business of service being effected. Mailed notice
08/18/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 36
附件:
1:(Exhibit 1)
08/18/2022 MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for entry of default, motion for default judgment 35
附件:
1:(Exhibit 1)
08/18/2022 MOTION by Plaintiff Volkswagen Group of America, Inc. for entry of default, MOTION by Plaintiff Volkswagen Group of America, Inc. for default judgment as to all Defendants
附件:
1:(Exhibit A)
08/18/2022 NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendants
08/12/2022 NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendants
08/10/2022 NEW PARTIES: 2011love4u, ablewipeus, alilbetter, allthings-mobile, amazing-aus, angron_part, aonomo, auto88-8, autoarea, autodecor-7, automotive.led, autopart688, auto-parts-2020, autoyoyo, baifuxinxijishuyouxiangongsi, bebestseller, beespower, beijing2022-bingdwendwen, bggh8344, boodlied, car_led_light_2018, care_for_your_car, chenji6853, cool-led-lights-2019, dengme_88, dengyo69, dengyun156, dingxinsh79, dtangorsong, ebgogo.cm, elegantno14, ezu-seller, fashion-sports, fastdeal-store, freelyparts, freeparts_ym, freespace-888, funshopping, glory1016, goxmgoautomotive_club, greathy_store, guo187, haifparts, hmling0103_4, hsy1378-58, huhansan91, jialejia529, jinyi168-5, jinyi168-6, likesunshine2022, lili88999, lingvido-1, linkkong, luckydream88, mari-241371, miaoshishangmao88, mmstar726, modified_parts_us, myqd78, novelnet24, phoebe.do, prj-82, qiqiz-92, qjdan-74, richszping, ronggui-80, rrbu6265, rzf245, shnwae616, s-lifeauto, s-lifeautohome, smartool_plus, super-market-auto, tangda2022, tjiurvosmw, toplevelautopart, tzau-50, tzaut-4, wish27_9, wusj18, wuxxwu, xrks7205, xuepingshangdian, xunzausa, yijiuqipei666, yiwangqin54, yudan1989, yunxi-01, yunze20176, zengy2015, zhangya-7733, zhoutech2019, zimin-6, zoutech and zsb-12 added to case caption.
08/08/2022 PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 8/8/2022. Mailed notice
08/08/2022 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [24] is granted. Plaintiff's filings establish that Plaintiff has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [28] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but, despite the Court having provided [27] the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice
08/05/2022 NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendant
07/29/2022 NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendants
07/22/2022 CERTIFICATE of Service by Plaintiff Volkswagen Group of America, Inc. regarding order on motion for preliminary injunction, order on motion for extension of time, terminate deadlines and hearings, set motion and R&R deadlines/hearings, 27
附件:
1:(Exhibit A)
07/22/2022 MINUTE entry before the Honorable John F. Kness:Before the Court is Plaintiff's motion 24 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 7/28/2022." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's order 21 entering the temporary restraining order ("TRO"), 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). 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. Mailed notice
07/14/2022 SUMMONS Returned Executed by Volkswagen Group of America, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/14/2022, answer due 8/4/2022.
附件:
1:Declaration of Thomas J. Juettner
2:(Exhibit A)
07/14/2022 MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for preliminary injunction, extension of time, 24
附件:
1:Declaration of Allyson M. Martin
2:(Exhibit 1)
07/14/2022 MOTION by Plaintiff Volkswagen Group of America, Inc. for preliminary injunction, MOTION by Plaintiff Volkswagen Group of America, Inc. for extension of time of Temporary Restraining Order
附件:
1:(Exhibit A)
07/11/2022 SURETY BOND in the amount of $10,000.00 posted by Volkswagen Group of America, Inc. (Document not scanned)
07/07/2022 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
07/05/2022 SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 7/5/2022.
07/05/2022 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order and other relief [13], and motion for electronic service of process [18] are granted in part. Plaintiff's submissions (including the Declarations of Dana A. Cizmadia (Dkt. [16]) and Justin R. Gaudio (Dkt. [15])) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries [2] and [17]. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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 this Court and others have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that 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 reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice
06/09/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19
附件:
1:Exhibit 1
2:(Exhibit 2)
06/09/2022 MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for miscellaneous relief 18
06/09/2022 MOTION by Plaintiff Volkswagen Group of America, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
06/09/2022 SEALED EXHIBIT by Plaintiff Volkswagen Group of America, Inc. Exhibit 3 - Parts 1-5 regarding declaration 16
附件:
1:Exhibit 3-1
2:Exhibit 3-2
3:Exhibit 3-3
4:Exhibit 3-4
5:(Exhibit 3-5)
06/09/2022 DECLARATION of Dana A. Cizmadia regarding memorandum in support of motion 14
附件:
1:Exhibit 1
2:(Exhibit 2)
06/09/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)
06/09/2022 MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for temporary restraining order 13
06/09/2022 MOTION by Plaintiff Volkswagen Group of America, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
06/07/2022 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
06/07/2022 MAILED Trademark report to Patent Trademark Office, Alexandria VA
06/06/2022 CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment.
06/06/2022 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Thomas Joseph Juettner
06/06/2022 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Allyson M. Martin
06/06/2022 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Amy Crout Ziegler
06/06/2022 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Justin R. Gaudio
06/06/2022 Notice of Claims Involving Trademarks by Volkswagen Group of America, Inc.
06/06/2022 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Volkswagen Group of America, Inc.
06/06/2022 CIVIL Cover Sheet
06/06/2022 MOTION by Plaintiff Volkswagen Group of America, Inc. for leave to file under seal
06/06/2022 SEALED EXHIBIT by Plaintiff Volkswagen Group of America, Inc. Schedule A regarding complaint[1]
06/06/2022 COMPLAINT filed by Volkswagen Group of America, Inc.; Filing fee $ 402, receipt number AILNDC-19536668.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

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