最近更新:2025-01-14
2024-cv-09576
日期 | 描述 |
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01/13/2025 | NEW PARTIES: LMLYSoH, KMLL.cot, Shunnanmei trading co., ltd, HOTIGER, Ponitrack store, Wanpo, XZLUFNY and TengZhouShiDingYangDianZiShangWuYouXianGongSi added to case caption. |
01/13/2025 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Jeffrey I Cummings on 1/13/2025. Mailed notice |
01/13/2025 | MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction 21 is granted as to the remaining defendants. 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 that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Any motion for default judgment shall be filed on or before 2/14/25. The 1/31/25 tracking status hearing is stricken and re-set to 3/3/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice |
01/10/2025 | NOTICE of Voluntary Dismissal by Dolls Kill, Inc. as to Certain Defendants only |
12/27/2024 | 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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. |
12/30/2024 | NOTICE of Voluntary Dismissal by Dolls Kill, Inc. as to Defendant #9 only |
12/23/2024 | NOTICE of Voluntary Dismissal by Dolls Kill, Inc. as to Defendant #7 only |
12/19/2024 | CERTIFICATE of Service by Plaintiff Dolls Kill, Inc. regarding order on motion for exparte, text entry, 25 |
12/19/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to extend the TRO to January 1, 2025 as to defendant no. 9 24 only is granted. As to the remaining defendants, before the Court is plaintiff's motion for entry of a preliminary injunction 21. In connection with that motion, plaintiff must serve the 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 or before January 3, 2025." 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 order entering the TRO, the TRO is extended as to these defendants to and including the date upon 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 Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice |
12/17/2024 | DECLARATION of Trevor W. Barrett regarding motion for preliminary injunction 21 |
12/17/2024 | MEMORANDUM by Dolls Kill, Inc. in support of motion for preliminary injunction 21 |
12/17/2024 | MOTION by Plaintiff Dolls Kill, Inc. for preliminary injunction as to Defendants Identified in Schedule A Except Doe #9 |
12/17/2024 | Notice of Errata re Dkt 19 by Dolls Kill, Inc. 附件: 1:(Summons Returned Executed) |
12/17/2024 | SUMMONS Returned Executed by Dolls Kill, Inc. as to The Partnerships and Unincorporated Associations Identified in Schedule A on 12/17/2024, answer due 1/7/2025. |
12/13/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified in Schedule A |
12/11/2024 | SURETY BOND in the amount of $ 10,000.00 posted by Dolls Kill, Inc. |
12/04/2024 | SEALED ORDER. Signed by the Honorable Jeffrey I Cummings on 12/4/2024. Mailed notice. |
11/26/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed plaintiff's supplemental memorandum regarding joinder and finds that joinder is proper with respect to the defendants listed on amended schedule A 13. Accordingly, plaintiff's motions for leave to file under seal 8 14, and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and for electronic service of process 9 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 file under seal the documents identified in the motion to seal. The Temporary Restraining Order that will ultimately be entered shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Plaintiff shall promptly submit an amended proposed TRO to the Court's proposed order inbox to reflect only the defendants listed on amended Schedule A. Status hearing is set for 1/31/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice |
11/20/2024 | SEALED DOCUMENT by Plaintiff Dolls Kill, Inc. -- Supplemental Memorandum Establishing Joinder is Proper |
11/20/2024 | SEALED DOCUMENT by Plaintiff Dolls Kill, Inc. -- (Unredacted) Schedule A to First Amended Complaint |
11/20/2024 | SEALED DOCUMENT by Plaintiff Dolls Kill, Inc. -- (Unredacted) First Amended Complaint 附件: 1:(Exhibit D to First Amended Complaint) 2:Exhibit C to First Amended Complaint 3:Exhibit B to First Amended Complaint 4:Exhibit A to First Amended Complaint |
11/20/2024 | First AMENDED complaint by Dolls Kill, Inc. against The Partnerships and Unincorporated Associations Identified in Schedule A 附件: 1:(Schedule A to First Amended Complaint) 2:Exhibit D to First Amended Complaint 3:Exhibit C to First Amended Complaint 4:Exhibit B to First Amended Complaint 5:Exhibit A to First Amended Complaint |
10/30/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file under seal 8, plaintiff's motion for temporary restraining order 9 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of 75 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 11/20/24, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Mailed notice |
10/14/2024 | SEALED MOTION by Plaintiff Dolls Kill, Inc. for Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process By E-Mail and/or Electronic Publication 附件: 1:(Exhibit 1 to Declaration of Trevor W. Barrett) 2:Declaration of Trevor W. Barrett 3:Declaration of Olfa B'Chir 4:Memorandum in Support of Motion |
10/07/2024 | 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. |
10/07/2024 | MAILED copyright report to Registrar, Washington DC |
10/07/2024 | 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. |
10/04/2024 | CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 3). (jn,) |
10/04/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dolls Kill, Inc. |
10/04/2024 | ATTORNEY Appearance for Plaintiff Dolls Kill, Inc. by Trevor William Barrett |
10/04/2024 | CIVIL Cover Sheet |
10/04/2024 | SEALED DOCUMENT by Plaintiff Dolls Kill, Inc. -- Schedule A to Complaint |
10/04/2024 | SEALED DOCUMENT by Plaintiff Dolls Kill, Inc. -- (Unredacted) Complaint 附件: 1:Exhibit A to Complaint 2:Exhibit B to Complaint (Part 1) 3:Exhibit B to Complaint (Part 2) 4:Exhibit C to Complaint 5:Exhibit D to Complaint 6:(Exhibit E to Complaint) |
10/04/2024 | CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 3). (jn,) |
10/04/2024 | COMPLAINT filed by Dolls Kill, Inc.; Filing fee $ 405, receipt number AILNDC-22565388. 附件: 1:Exhibit A to Complaint 2:Exhibit B to Complaint 3:Exhibit C to Complaint 4:Exhibit D to Complaint 5:Exhibit E to Complaint 6:(Schedule A to Complaint) |