最近更新:2024-12-25
更新

2022-cv-04607

Blue Sphere, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

日期:08/30/2022

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
05/09/2023 RETURN of U.S. Post Office Receipt, article no. 7001 2510 0005 7681 6603.
04/17/2023 MAILED original ten-thousand-dollar ($10,000) surety bond posted by Blue Sphere, Inc., Robert A Kloetzy to plaintiff's counsel, Michael A. Hierl, Hughes Socol Piers Resnick & Dym, Ltd., Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602 via certified mail # 7001 2510 0005 7681 6603.
04/14/2023 MAILED trademark report with certified copy of 49 to Patent Trademark Office, Alexandria VA
04/13/2023 ***Civil Case Terminated.
04/13/2023 DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 4/13/2023. Mailed notice.
04/13/2023 ORDER: In the court's 2/16/23 minute entry 46, it gave all defendants until 3/2/23 to object to plaintiff's motion for entry of default and default judgment 43. The court grants plaintiff's motion 43 for entry of default and default judgment against all defendants identified on Schedule A attached to the court's order. 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 as set forth in the Final Judgment Order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its mark causes it irreparable harm in the form of consumer confusion, loss of customers' goodwill, and reputational harm; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) bond posted by plaintiff, including any interest, minus the registry fee, is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $10,000 bond previously deposited with the Clerk of the Court to plaintiff's counsel, Michael A. Hierl, Hughes Socol Piers Resnick & Dym, Ltd., Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602, via certified mail. Signed by the Honorable Martha M. Pacold on 4/13/2023. Mailed notice.
02/17/2023 CERTIFICATE of Service by Plaintiff Blue Sphere, Inc.
02/16/2023 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default judgment 43 must enter an appearance and file a written objection by 3/2/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
02/13/2023 DECLARATION of Michael A. Hierl regarding motion for default judgment 43
附件:
1:(Exhibit Hierl Exhibit 1)
02/13/2023 MEMORANDUM by Blue Sphere, Inc. in support of motion for default judgment 43
附件:
1:Exhibit 1
2:(Exhibit 2)
02/13/2023 MOTION by Plaintiff Blue Sphere, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
02/13/2023 DECLARATION of Robert P. McMurray Declaration of Service
02/03/2023 NOTICE by Blue Sphere, Inc. Notice of Filing
附件:
1:(Amended Schedule A)
01/27/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 39 is granted. Defendants No. 78 binxinshangshen, No. 97 fusong21, and No. 205 more dear Official Store are dismissed with prejudice and each party shall bear its own attorney's fees and costs. Plaintiff is directed to file an amended Schedule A on the docket by 2/3/2023.
01/26/2023 MOTION by Plaintiff Blue Sphere, Inc. for leave to file Plaintiff's Motion for Leave to File an Amended Schedule A
12/29/2022 ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice.
12/13/2022 NEW PARTIES: akincsrmhtmt, BartonDenisezCpTo, Camp Bow Wow Houston, Canbin Fashion Online, caozhen51346, chengranran24217, chenmengmeng4583, CuiDongBou, daiyingxi514958, DangSuangDan, Donafgfgjhd168, DongYanZhi, FelixAthenamMfGbB, FengYaZhou, fsdfhk, FuQingTai, gaoqiang54729, guayrn, heathcotestefan, HeatherKimberleyhIcX, HeNaFang, Herbert Roach, heyao01847, jihonghu29551, jinxiao35879, jsiskjdijd, lailei81, LiangBingQi, LiHuiZhang, liliangxiu15818, lishuangle54643, lixiaole2143, liyanzhen1156, LiYongLang, lushiju5268, mai.com1, Michelle King, MuoWeiiGi, ningxiax, pangzhaoou1, paradise 3, PETER MOVIC, PoorindicationofShaopuvQ, PoshunsongqK, qiulin2959, rhondagraham305, Robert Schuster - EUROALARM, scheetzjames, ShiXiaoLao, sunzhlinm, tangzhengjie12345, Tiffany Boone, uzuio9, wangcuoyang188, weiyunping7890, wjlqwaszxcv, yangzem1219, yangzhou321, YimoumuzKe, yuanxiaoxia938402, zhangmingzhao23080, zhangting6637, zhangxiuzhen5567, zhangxue1122, zhaohe4824, Zzdeldv and Angus Whittaker added to case caption.
12/13/2022 NEW PARTIES: SHI JUN8695, sievertaidan, sjxjsu, sllmnzxbciwe, stores keila, TWANCON, ukjh, W2W1W2, wangfangzhai14354, wanghuimin19961120, wangjin7984, Wangmin12345, wangpeilin, wangquanhongl, wangxianghui39773, wangzixu1630, WangZiXun, weishujing6688, wenguishuiqiu, wfh40, wufush, XhsjatTivsk, xiaoyuchun fashion, XINPAI Car-sticker, xjehrjh shopping, xuhongzhe27933, xushengfei1073, xuzihan35963489, yangaiqin3638, yangdingming23844, yangfan321, yanglijing01560, yangping shopping, YanShiWen, yuzishun36583, zaturday, zhanghuijuan00249, zhangjian3698, zhangjunyuan4469, zhangmengge73353, zhangshuaige22791, zhangshuting74974, zhangzerui, zhuangzhouxiaofandian, zhupei fashion, 5goods Store, Catiger Official Store, green stickers Store, more dear Official Store, niuka WK Store, ONEJXS Store, QYPF Official Store, Shop110000071 Store, Shop1102080463 Store, Shop1970901 Store, Shop911548124 Store, ST004 Store, STBZCXH Official Store, t-shirt019 Store, Quanzhou Diyuan Trading Co., Ltd. and Yunnan Beiyang Import And Export Trade Co., Ltd added to case caption.
12/13/2022 NEW PARTIES: AnHengBin, Antonio Copeland, asdasd125454, bartonvenetta, Bethcruz, biddlenathan, Bienjiesiys coats, binxinshangshen, brian thielei, caimingxuan123, Catholic Charismatic Center, chenchuanliang4628, chengqin63092, Chenlili789, chenwei582, chenxieyang, chulinzhen223, ctwcarstyle, Denise Haines, dingshang, DousoupinggJ, ducanpaiteng, Erin Coylei, f5r5rr, fanxiaoyunl, fusong21, gaoqian1840, Garece, GKMSAAD, Grace Cross, haiwei store, Hanyue426, Harris Hernandez, HBN2WQ34, heathcoteklara0, HeQianLin, huajian fashion, Hyacinth Macaw, Iyqiqina, Jeanette Garner, jiafeng, jianghuajiang2584, jiaohao0640, Kristin Davis, kuangzhenhua2927, Las trinitarias ve, leirt, liangynqaz, Lil Amazing G, liqingzhi1, liqinsong0625, liubaihang65800, liuhanxinshop, liushansha22790, LiuSiqi1115, liuyangcheng32850, liuzuopeng18013, lubinbin25065, LuiaWek5, luoxinxin fashion, Maizai Underclothes, majiangshan4508, MALING998, maliyhs878965, Mangota, Mansgeren anmoyi, maxian fashion, morebuyshop, MultiCommerce Julito, muzhaobin5236, Nicole Kennedy, Nikki Skaggs, ningjingzhiyuanshi, oruejpzent, Philipp Cuny, qianqian0061, QIanXuan art store, ricefrankie856, Rick Carter66, RONALD17, ScalePink, schuhcody and shenqijun5866 added to case caption.
12/13/2022 NEW PARTIES: akincsrmhtmt, BartonDenisezCpTo, Camp Bow Wow Houston, Canbin Fashion Online, caozhen51346, chengranran24217, chenmengmeng4583, CuiDongBou, daiyingxi514958, DangSuangDan, Donafgfgjhd168, DongYanZhi, FelixAthenamMfGbB, FengYaZhou, fsdfhk, FuQingTai, gaoqiang54729, guayrn, heathcotestefan, HeatherKimberleyhIcX, HeNaFang, Herbert Roach, heyao01847, jihonghu29551, jinxiao35879, jsiskjdijd, lailei81, LiangBingQi, LiHuiZhang, liliangxiu15818, lishuangle54643, lixiaole2143, liyanzhen1156, LiYongLang, lushiju5268, mai.com1, Michelle King, MuoWeiiGi, ningxiax, pangzhaoou1, paradise 3, PETER MOVIC, PoorindicationofShaopuvQ, PoshunsongqK, qiulin2959, rhondagraham305, Robert Schuster - EUROALARM, scheetzjames, ShiXiaoLao, sunzhlinm, tangzhengjie12345, Tiffany Boone, uzuio9, wangcuoyang188, weiyunping7890, wjlqwaszxcv, yangzem1219, yangzhou321, YimoumuzKe, yuanxiaoxia938402, zhangmingzhao23080, zhangting6637, zhangxiuzhen5567, zhangxue1122, zhaohe4824, Zzdeldv and Angus Whittaker added to case caption.
12/09/2022 ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on December 9, 2022. Mailed notice
12/09/2022 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 12/9/2022:
12/09/2022 MINUTE entry before the Honorable Martha M. Pacold: For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction 26 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 the amended Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.
12/01/2022 MINUTE entry before the Honorable Martha M. Pacold: With respect to Plaintiff's motion for a preliminary injunction, 26, if Plaintiff continues to seek this relief, Plaintiff is instructed to submit, by 12/8/2022, a new proposed preliminary injunction order in light of the amended schedule A.
11/30/2022 NOTICE by Blue Sphere, Inc., Robert A Kloetzy Notice of Filing
附件:
1:(Amended Schedule A)
11/18/2022 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for leave to amend Schedule A to the complaint instanter. 31. The court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form on the docket by 11/30/2022. Defendants GUXINSHU, Meis foot patch, yangzidongbeiqu, ChengDong Store, mimagogo2016, YINGZHONG SHOP, Trendy Outfit Store, Trendy Outfit Store, Gold Valley Industrial Limited, Guangzhou Lancai Industrial Co., Ltd. are dismissed with prejudice, and each party shall bear its own attorney's fees and costs.
11/17/2022 MOTION by Plaintiffs Blue Sphere, Inc., Robert A Kloetzy for leave to file Motion for Leave to File an Amended Schedule A
09/29/2022 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 26 under advisement and will consider the motion unopposed if no defendant appears and objects by 10/11/2022. Plaintiff shall serve defendants with this notice.
09/27/2022 SUMMONS Returned Executed by Blue Sphere, Inc., Robert A Kloetzy as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 9/26/2022, answer due 10/17/2022.
09/26/2022 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (jk2,)
09/26/2022 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 26
09/26/2022 MEMORANDUM by Blue Sphere, Inc., Robert A Kloetzy in support of motion for preliminary injunction 26
09/26/2022 MOTION by Plaintiffs Blue Sphere, Inc., Robert A Kloetzy for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
09/26/2022 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (jk2,)
09/12/2022 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 24 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO 22 entered on 9/1/2022 is extended until 9/29/2022.
09/09/2022 MOTION by Plaintiff Blue Sphere, Inc. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order
09/07/2022 SURETY BOND in the amount of $10,000.00 posted by Blue Sphere, Inc., Robert A Kloetzy. (Document Not Scanned)
09/01/2022 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 9/1/2022:
09/01/2022 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file excess pages 9 and for leave to file under seal 6 are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, electronic service of process, and expedited discovery 10 is 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 timely 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.
08/31/2022 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
08/31/2022 MAILED Trademark report to Patent Trademark Office, Alexandria VA
08/30/2022 Notice of Claims Involving Trademarks by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy
08/30/2022 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 6 of Kloetzy Declaration
08/30/2022 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 5 of Kloetzy Declaration
08/30/2022 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 4 of Kloetzy Declaration
08/30/2022 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 3 of Kloetzy Declaration
08/30/2022 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 2 of Kloetzy Declaration
08/30/2022 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 1 of Kloetzy Declaration
08/30/2022 MEMORANDUM by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy in support of motion for temporary restraining order, 10
附件:
1:Declaration Kloetzy Declaration
2:Exhibit 1
3:Declaration Hierl Declaration
4:Exhibit Hierl Exhibit 1
5:Exhibit Hierl Exhibit 2
6:(Exhibit Hierl Exhibit 3)
08/30/2022 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
08/30/2022 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
08/30/2022 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.
08/30/2022 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment.
08/30/2022 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy
08/30/2022 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Sealed Schedule A
08/30/2022 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy to seal document Plaintiff's Motion for Leave to File Under Seal
08/30/2022 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy by Robert Payton Mcmurray
08/30/2022 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy by William Benjamin Kalbac
08/30/2022 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy by Michael A. Hierl
08/30/2022 CIVIL Cover Sheet
08/30/2022 COMPLAINT filed by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy; Jury Demand. Filing fee $ 402, receipt number AILNDC-19789247.
附件:
1:(Exhibit 1)

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