最近更新：2025-01-14
2024-cv-09726
日期：10/08/2024
法院：伊利诺伊州北区法院
品牌：《 Borderlands 无主之地》、《Brothers in Arms 兄弟连》、《Duke Nukem 毁灭公爵》等游戏
律所：AGDG
| 日期 | 描述 |
|---|---|
| 12/30/2024 | FULL SATISFACTION of Judgment in the amount of $100,000 against Certain Defendants (Quezada Hastings, Sofia) |
| 12/23/2024 | ENTERED DEFAULT JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 12/23/2024. Mailed notice. |
| 12/23/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 32 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks and copyrights irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants (Plaintiff has failed to seek an accounting of profits), the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $100,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice. |
| 12/16/2024 | DECLARATION of Sofia Quezada Hastings regarding order on motion for entry of default, order on motion for default judgment, text entry, 34 (Quezada Hastings, Sofia) |
| 12/13/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 32 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 December 20, 2024. If no objections are filed by that date, the court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by December 18, 2024. A hearing may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice. |
| 12/13/2024 | MEMORANDUM by Gearbox Enterprises, LLC in support of motion for entry of default, motion for default judgment, 32 附件： 1:(Declaration of Sofia Quezada Hastings)(Quezada Hastings, Sofia) |
| 12/13/2024 | MOTION by Plaintiff Gearbox Enterprises, LLC for entry of default, MOTION by Plaintiff Gearbox Enterprises, LLC for default judgment as to all Remaining Defendants 附件： 1:(Exhibit Schedule A of Defaulted Defendants)(Quezada Hastings, Sofia) |
| 12/13/2024 | NOTICE of Voluntary Dismissal by Gearbox Enterprises, LLC of Certain Defendants (Quezada Hastings, Sofia) |
| 12/12/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: No status report was filed by December 9, 2024. [See 27.] Plaintiff shall file a status report regarding next steps in this case by December 13, 2024. If Plaintiff intends to file a motion for default judgment, it should be filed by that date, and if Plaintiff moves for default judgment as to all Defendants, no status report need be filed. Mailed notice. |
| 12/11/2024 | NOTICE of Voluntary Dismissal by Gearbox Enterprises, LLC of Certain Defendants (Quezada Hastings, Sofia) |
| 12/03/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: By December 9, 2024, Plaintiff shall file a status report regarding next steps in this case. If Plaintiff intends to file a motion for default judgment, it should be filed by that date, and if Plaintiff moves for default judgment as to all Defendants, no status report need be filed. Mailed notice. |
| 12/02/2024 | NOTICE of Voluntary Dismissal by Gearbox Enterprises, LLC of Certain Defendants (Quezada Hastings, Sofia) |
| 11/15/2024 | NEW PARTIES: VILLAGOM, wanghengxi, wanglihou, WC Poster Shop, XIAO HUANG YA POSTER, yongjipeixingwangluojishuyouxiangongsi, ZWT Poster Shop, 9ninecloth, animedwarf, AnimeStar3, ATRENDSZ, casepole, Hugateeco, SateArt, WackyTee, WikiEngineer, Ian Myers, Foam oil painting shop, Funny T Shirts, JK Fashion Art, TADSRR, DIEU KHANG LTD, Lux Outlet Store, MAYTINH LTD, shenzhensinuokanghuashengwukejiyouxiangongsi, xiangtanouyou, clinch a deal co.Ltd, daoxu, Fubis, tuochuang, Chief T-Shirt, heavenshirt, hersmiles, Hhshirt, Marcazo, Potoshirt.com, Rainbowt-shirt, ReverLavie, Tee Hand US Store, Vsgclothing, HUANGJINHUIYAOe, Old old fish, AMNS E STORE, Dia eStores, formonix, HAND MADE CROCHET, JJ WADIA E STORE, NISR STORE, Samrad, WAQ ONLINE SHOP, naveenstores, inxiz.com, Nemoshirt, posedionclothing, teeaug, Teedelta, Wavetshirt, Guangzhou Fubis electronic Co., LTD, HL Games, huankerongshangmao, huanyangmaoshangmao, OLEVOS Store, Punishment, qingtaoshangmao, SEYUQI, shanghairenningdianzikeji, Star-U, Wu Bin Stationery store and yutao added to case caption. (Quezada Hastings, Sofia) |
| 11/15/2024 | NEW PARTIES: After seeing the game, Baolilil, DGJJZJY, fumitoy, guluzhuan, guozaihong, Hangkan, HaosHanMao, HuangWeiQin, Hukangkangkang, kangfangyuanxinbaihuodian, KnightAbout, Li Dong Li, qiifei, sanmenxiaxiangzhangshangmao, sdbfcscvskj, senshann, shixingguo, tintinyi, TUNNUTI, WangHua0410, wuhanshimengqinzhishangmaoyouxiangongsi, xiayaoli, yanban, zhuhezheng, Agencyfrog, angeltoheaven, beeteeshop, Chief T-Shirt, Costumeslive, Fandomaniax, MAZESHIRT, Monday Cool Vibes, MythicWall, StormMerch, Teehub, Tshirts Low Price, Cassic Mira Decoration, Hi Sen Inspiration, HL Art, Northern light, QIANGSQ, Speaker, YT auto supplies, aowenpunijiajukeji, D&D Everything, gzhoushenzhanshangmaoyouxi, haerbinaiweishangmao, JiayiUin, sanhe store, chenjianfengxiefu, Chenxiaodon, CHIN MULTI STORE, ShiJinHai99, Whitetellyou, Xuhongyuan, Chinmay Yoga, RugHere, usbestchoosing, BLACK MENS T SHIRT, Fashion Oil Painting Life, jieshengwangluo, mnjdfregt, ShiBao toys store, Cuoyinchan, fulinyi, guangzhoujufudianzishangwuyouxiangong, Isaveart, menxiazhangxiangbaihuodian and taotao us post added to case caption. (Quezada Hastings, Sofia) |
| 11/12/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 11/12/2024. Mailed notice. |
| 11/12/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 20 is granted. Plaintiff's filings establish that it 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 24 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 no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Aronberg Goldgehn Davis & Garmisa, is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. |
| 11/06/2024 | DECLARATION of Sofia Quezada Hastings regarding order on motion for preliminary injunction, text entry, 23 (Quezada Hastings, Sofia) |
| 11/06/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 20 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining 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 by November 8, 2024." 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 one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until 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. |
| 11/05/2024 | SUMMONS Returned Executed by Gearbox Enterprises, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/5/2024, answer due 11/26/2024. (Quezada Hastings, Sofia) |
| 11/05/2024 | MEMORANDUM by Gearbox Enterprises, LLC in support of motion for preliminary injunction[20] 附件： 1:Declaration of Sofia Quezada Hastings |
| 11/05/2024 | MOTION by Plaintiff Gearbox Enterprises, LLC for preliminary injunction |
| 10/23/2024 | CHECK BOND in the amount of $ 10,000.00 Rcpt. No: 100012326 posted by Gearbox Enterprises, LLC |
| 10/23/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for an extension of the TRO 17 is granted. The TRO is extended to November 8, 2024. Mailed notice. |
| 10/22/2024 | MEMORANDUM by Gearbox Enterprises, LLC in support of extension of time 17 for Temporary Restraining Order 附件： 1:(Declaration of Sofia Quezada Hastings)(Quezada Hastings, Sofia) |
| 10/22/2024 | MOTION by Plaintiff Gearbox Enterprises, LLC for extension of time for Temporary Restraining Order (Quezada Hastings, Sofia) |
| 10/16/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 10/11/2024 | SEALED TEMPORARY Restraining Order signed by the Honorable Lindsay C. Jenkins on 10/11/2024. Emailed notice |
| 10/11/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for leave to file under seal 5, ex parte motion for a temporary restraining order 9, and motion for electronic service of process 12 are granted. Plaintiff's submissions 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, 11]. 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. 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 accounting. In addition, the evidence submitted by Plaintiff shows 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 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 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 revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Emailed notice |
| 10/11/2024 | Schedule A Table by Gearbox Enterprises, LLC (Quezada Hastings, Sofia) |
| 10/11/2024 | MEMORANDUM by Gearbox Enterprises, LLC in support of motion for miscellaneous relief 12 for Electronic Service of Process 附件： 1:(Declaration of Sofia Quezada Hastings)(Quezada Hastings, Sofia) |
| 10/11/2024 | MOTION by Plaintiff Gearbox Enterprises, LLC for Electronic Service of Process (Quezada Hastings, Sofia) |
| 10/11/2024 | SEALED EXHIBIT by Plaintiff Gearbox Enterprises, LLC Evidence Exhibits regarding memorandum in support of motion 10 附件： 1:Exhibit 89-106 2:Exhibit 71-88 3:Exhibit 44-70 4:Exhibit 28-43 5:Exhibit 1-27 6:Exhibit 107-125 7:(Exhibit 126-139)(Quezada Hastings, Sofia) |
| 10/11/2024 | MEMORANDUM by Gearbox Enterprises, LLC in support of motion for temporary restraining order 9 附件： 1:(Declaration of Stewart Miller)(Quezada Hastings, Sofia) |
| 10/11/2024 | MOTION by Plaintiff Gearbox Enterprises, LLC for temporary restraining order (Quezada Hastings, Sofia) |
| 10/10/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff should review the Court's standing order on "Schedule A" Cases, available at https://www.ilnd.uscourts.gov/judge-info.aspx?IuUaWzNcEoPr4PHl9tvcGaMUezk8AnJ1 under the "Case Procedures" tab. Please note that the table's requirements were recently revised. As explained there, Plaintiff must complete and file the template linked on that page before the Court will consider granting any motion for preliminary injunctive relief. The submission must also provide a listing of all prior Schedule A cases filed in any court in the United States in which Plaintiff was a plaintiff, and a listing of any of the defendants included in the Schedule A in this case that Plaintiff has previously named as a defendant in any prior complaint or Schedule A case. Finally, by filing the template, Plaintiff certifies that Plaintiff has not used any of the screenshot evidence supplied in support of a motion for a TRO in this case in any prior proceeding. If the template is not completed by October 24, 2024, the Court may dismiss this matter for failure to prosecute. Mailed notice. |
| 10/10/2024 | 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. |
| 10/10/2024 | CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). |
| 10/08/2024 | Notice of Claims Involving Trademark by Gearbox Enterprises, LLC (Quezada Hastings, Sofia) |
| 10/08/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Gearbox Enterprises, LLC (Quezada Hastings, Sofia) |
| 10/08/2024 | MOTION by Plaintiff Gearbox Enterprises, LLC for leave to file Certain Documents Under Seal (Quezada Hastings, Sofia) |
| 10/08/2024 | ATTORNEY Appearance for Plaintiff Gearbox Enterprises, LLC by Sofia Quezada Hastings (Quezada Hastings, Sofia) |
| 10/08/2024 | CIVIL Cover Sheet (Quezada Hastings, Sofia) |
| 10/08/2024 | SEALED EXHIBIT by Plaintiff Gearbox Enterprises, LLC Schedule A to Complaint regarding complaint 1 (Quezada Hastings, Sofia) |
| 10/08/2024 | COMPLAINT filed by Gearbox Enterprises, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-22577210. 附件： 1:Exhibit A 2:(Exhibit B)(Quezada Hastings, Sofia) |
