最近更新:2024-12-25
更新

2022-cv-02743

Monster Energy Company v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:05/24/2022

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
08/18/2022 MAILED Trademark report to Patent Trademark Office, Alexandria VA
附件:
1:(Closing Order)
08/17/2022 ENTERED JUDGMENT Signed by the courtroom deputy on 08/17/2022. Emailed notice
08/17/2022 FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 08/17/2022. Emailed notice
08/17/2022 MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion for default judgment [34], along with the supporting exhibits (including the previously filed exhibits in support of provisional relief), the motion is granted in part. Statutory damages are awarded in the amounts of $25,000 on trademark infringement and $10,000 on copyright infringement. In light of the finding of willfulness arising out of the default, a permanent injunction is entered. The tracking status hearing of 08/26/2022 is vacated. Civil case terminated Emailed notice
08/15/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[35]
附件:
1:Exhibit 1
08/15/2022 MEMORANDUM by Monster Energy Company in support of motion for entry of default, motion for default judgment[34]
附件:
1:Exhibit 1
08/15/2022 MOTION by Plaintiff Monster Energy Company for entry of default, MOTION by Plaintiff Monster Energy Company for default judgment as to all Defendants
附件:
1:Exhibit A
07/21/2022 NEW PARTIES: zonlon added to case caption.
07/21/2022 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 07/21/2022. Emailed notice
07/21/2022 MINUTE entry before the Honorable Edmond E. Chang: In light of the facts that justified the entry of the TRO, the preliminary injunction motion 29 is granted. Given the 08/08/2022 answer deadline, R. 31, the parties shall file the joint initial status report on 08/15/2022. If the Defendants do not answer by 08/08/2022, then they are deemed in default and the Plaintiff shall instead file a motion for default judgment on 08/15/2022. The tracking status hearing of 07/22/2022 is reset to 08/26/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice
07/18/2022 SUMMONS Returned Executed by Monster Energy Company as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/18/2022, answer due 8/8/2022.
附件:
1:Declaration of Thomas J. Juettner
2:(Exhibit A)
07/18/2022 MEMORANDUM by Monster Energy Company in support of motion for preliminary injunction 29
附件:
1:Declaration of Allyson M. Martin
2:(Exhibit 1)
07/18/2022 MOTION by Plaintiff Monster Energy Company for preliminary injunction
附件:
1:(Exhibit A)
07/05/2022 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the initial TRO, the Plaintiff'' extension motion on the TRO 26 is granted through 07/25/2022. The tracking status hearing of 07/08/2022 is reset to 07/22/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file the preliminary injunction motion (if appropriate) by 07/18/2022. Emailed notice
07/01/2022 MEMORANDUM by Monster Energy Company in support of extension of time 26
附件:
1:(Declaration of Allyson M. Martin)
07/01/2022 MOTION by Plaintiff Monster Energy Company for extension of time of Temporary Restraining Order
06/27/2022 (PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 06/27/2022. Emailed notice
06/27/2022 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
06/27/2022 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Edmond E. Chang on 6/27/2022.
06/27/2022 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) (as well as the copyright-statute analogue), 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 07/05/2022, the Plaintiff shall email to the courtroom deputy (Michael_Wing@ilnd.uscourts.gov) 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 07/08/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 07/01/2022. Mailed notice
06/01/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 21
附件:
1:Exhibit 1
2:(Exhibit 2)
06/01/2022 MEMORANDUM by Monster Energy Company in support of motion for miscellaneous relief 20
06/01/2022 MOTION by Plaintiff Monster Energy Companyfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
06/01/2022 SEALED EXHIBIT by Plaintiff Monster Energy Company Exhibit 3 regarding declaration 18
06/01/2022 DECLARATION of Bruce Kingsland regarding memorandum in support of motion 16
附件:
1:Exhibit 1
2:(Exhibit 2)
06/01/2022 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)
06/01/2022 MEMORANDUM by Monster Energy Company in support of motion for temporary restraining order 15
06/01/2022 MOTION by Plaintiff Monster Energy Company for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
05/31/2022 SEALED EXHIBIT by Plaintiff Monster Energy Company Schedule A regarding amended complaint, [13]
05/31/2022 AMENDED complaint by Monster Energy Company against The Partnerships and Unincorporated Associations Identified on Schedule A
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
5:Exhibit 5
05/25/2022 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
05/25/2022 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
05/24/2022 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.
05/24/2022 ATTORNEY Appearance for Plaintiff Monster Energy Company by Thomas Joseph Juettner
05/24/2022 ATTORNEY Appearance for Plaintiff Monster Energy Company by Allyson M. Martin
05/24/2022 ATTORNEY Appearance for Plaintiff Monster Energy Company by Amy Crout Ziegler
05/24/2022 ATTORNEY Appearance for Plaintiff Monster Energy Company by Justin R. Gaudio
05/24/2022 Notice of Claims Involving Trademarks by Monster Energy Company
05/24/2022 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Monster Energy Company
05/24/2022 CIVIL Cover Sheet
05/24/2022 MOTION by Plaintiff Monster Energy Company for leave to file under seal
05/24/2022 SEALED EXHIBIT by Plaintiff Monster Energy Company Schedule A regarding complaint[1]
05/24/2022 COMPLAINT filed by Monster Energy Company; Filing fee $ 402, receipt number AILNDC-19497485.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
5:Exhibit 5

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