最近更新:2024-12-25
更新

2022-cv-06221

Motley Crue, Inc. v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期:11/08/2022

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
03/01/2023 ENTERED JUDGMENT Signed by the courtroom deputy on 03/01/2023. Emailed notice
03/01/2023 DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 03/01/2023. Emailed notice
03/01/2023 MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the Plaintiff's motion for default judgment is granted in the amount of thirty-five thousand dollars ($35,000). The Court notes that the emailed version of the proposed order stated that the damages amount would be $500,000 instead of the brief's requested amount of $35,000. A permanent injunction will be entered given the finding of willfulness. A separate AO-450 judgment shall be entered. The tracking status hearing of 03/03/2023 is vacated. Civil case terminated. Emailed notice
02/27/2023 MEMORANDUM by Motley Crue, Inc. in support of motion for default judgment[29]
附件:
1:Exhibit 1
2:Exhibit 2
3:Declaration of Keith A. Vogt
02/27/2023 MOTION by Plaintiff Motley Crue, Inc. for default judgment as to The Defendant Identified In Amended Schedule A
02/13/2023 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 02/13/2023. Emailed notice
02/13/2023 MINUTE entry before the Honorable Edmond E. Chang: In light of the same circumstances that justified entry of the TRO, the motion for preliminary injunction 24 is granted. Given the answer deadline of 02/24/2023, R. 26, the tracking status hearing of 02/17/2023 is reset to 03/03/2023 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 02/27/2023, or the Plaintiff shall file a motion for default judgment if appropriate. Emailed notice
02/03/2023 SUMMONS Returned Executed by Motley Crue, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/3/2023, answer due 2/24/2023.
附件:
1:(Declaration of Service)
02/03/2023 MEMORANDUM by Motley Crue, Inc. in support of motion for preliminary injunction 24
附件:
1:Declaration of Keith A. Vogt
2:(Exhibit 1, of Keith A. Vogt's declaration)
02/03/2023 MOTION by Plaintiff Motley Crue, Inc. for preliminary injunction
02/02/2023 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the motion to extend the TRO [22] is granted. The TRO is extended through 02/20/23. The tracking status hearing of 02/03/2023 is reset to 02/17/2023 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 02/10/2023, or the Plaintiff shall file a motion for preliminary injunction if appropriate. Emailed notice
01/31/2023 MOTION by Plaintiff Motley Crue, Inc. for extension of time for Temporary Restraining Order
01/24/2023 SURETY BOND in the amount of $ 10,000.00 posted by Motley Crue, Inc. (Document not scanned).
01/23/2023 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
01/23/2023 (Public Version) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 01/23/2023. Emailed notice
01/23/2023 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 01/23/2023. Emailed notice
01/23/2023 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 12 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 10 for leave to file under seal is granted in light of the asset-restraint goal. The public version of the TRO will be entered contemporaneously. The Plaintiff's request for electronic service of process is granted. The extra-pages motion 11 is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 02/03/2023 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 01/30/2023. Emailed notice
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.
11/09/2022 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
11/09/2022 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
11/08/2022 SEALED EXHIBIT by Plaintiff Motley Crue, Inc. Sealed Exhibit 2, Declaration of Thomas Schlegel regarding memorandum in support of motion, [13]
11/08/2022 MEMORANDUM in support of [12] Exparte motion
附件:
1:Declaration of Keith A. Vogt
2:Exhibit 1-4, of Keith A. Vogt's declaration
3:Declaration of Thomas Schlegel
4:Exhibit 1, of Thomas Schlegel's declaration
11/08/2022 MOTION by Plaintiff Motley Crue, Inc. for leave to file excess pages
11/08/2022 MOTION by Plaintiff Motley Crue, Inc. for leave to file under seal
11/08/2022 SEALED DOCUMENT by Plaintiff Motley Crue, Inc. [Amended] Schedule A to Complaint (1) and Schedule A to Complaint(2)
11/08/2022 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.
11/08/2022 CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment.
11/08/2022 ATTORNEY Appearance for Plaintiff Motley Crue, Inc. by Yanling Jiang
11/08/2022 ATTORNEY Appearance for Plaintiff Motley Crue, Inc. by Adam Grodman
11/08/2022 ATTORNEY Appearance for Plaintiff Motley Crue, Inc. by Yi Bu
11/08/2022 ATTORNEY Appearance for Plaintiff Motley Crue, Inc. by Keith A. Vogt
11/08/2022 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Motley Crue, Inc.
11/08/2022 CIVIL Cover Sheet
11/08/2022 SEALED DOCUMENT by Plaintiff Motley Crue, Inc. Schedule A to Complaint [1]
11/08/2022 COMPLAINT filed by Motley Crue, Inc.; Filing fee $ 402, receipt number AILNDC-20027080.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)

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