最近更新:2025-01-14
更新

2024-cv-10471

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

日期:10/16/2024

法院:伊利诺伊州北区法院

品牌:Nike

律所:GBC

日期 描述
12/11/2024 DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 12/11/2024. Emailed notice.
12/11/2024 MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 39 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 irreparably harms Plaintiff and confuses the public. Because this infringement was willful and considering the value of Plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $10,000 is an appropriate award of statutory damages against each remaining defendant. Enter Final Judgment Order. Civil case terminated. Emailed notice.
12/03/2024 CERTIFICATE of Service by Plaintiff Nike, Inc. regarding order on motion for entry of default, order on motion for default judgment, set deadlines, 43
附件:
1:(Exhibit A)
12/02/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment [39] against the remaining defendants identified in Amended Schedule A [15]. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Amended Schedule A is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendants must be filed on or before 12/9/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining affected Defendants within one business day of its entry on the docket and must promptly file proof of that service. No appearance is necessary on 12/10/24. Emailed notice.
11/25/2024 NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for entry of default, motion for default judgment 39 before Honorable LaShonda A. Hunt on 12/10/2024 at 10:00 AM.
附件:
1:(Exhibit A)
11/25/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 40
附件:
1:(Exhibit 1)
11/25/2024 MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment 39
附件:
1:(Exhibit 1)
11/25/2024 MOTION by Plaintiff Nike, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Nike, Inc. for default judgment as to all Defendants
附件:
1:(Exhibit A)
11/19/2024 NEW PARTIES: chenwei626 and The Individuals and Entities Operating chenwei626 added to case caption.
11/19/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case [37]. Summons were executed on 10/31/24, and Defendants' responses to the complaint were due by 11/21/24 [32]. By 12/16/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice.
11/19/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 11/19/2024. Emailed notice.
11/19/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction [28], which the Court now considers unopposed because no Defendant filed a notice of objection by the 11/18/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO [25] [26], 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 [32] 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. Plaintiff's counsel is directed to ensure that all defendants listed on Amended Schedule A [15] are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice.
11/01/2024 CERTIFICATE of Service by Plaintiff Nike, Inc. regarding text entry, 34
附件:
1:(Exhibit A)
11/01/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for preliminary injunction 28 is taken under advisement. A telephonic motion hearing is set for 11/19/24, at 9:45AM. Attorneys/parties may appear by dialing: 1-650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. The motion may be considered unopposed as to any Defendant who does not file an objection by 11/18/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date 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. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 11/5/24. Emailed notice.
11/01/2024 DOUCMENT removed and re-entered. See 34. Modified on 11/1/2024.
11/01/2024 Order on Motion for Preliminary Injunction
10/31/2024 SUMMONS Returned Executed by Nike, Inc. as to The Individuals and Entities Operating [REDACTED] on 10/31/2024, answer due 11/21/2024; [REDACTED] on 10/31/2024, answer due 11/21/2024.
附件:
1:Declaration of Berel Y. Lakovitsky
2:Exhibit A
10/31/2024 NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for preliminary injunction[28] before Honorable LaShonda A. Hunt on 11/5/2024 at 10:00 AM.
附件:
1:Exhibit A
10/31/2024 DECLARATION of Marcella D. Slay regarding memorandum in support of motion[29]
附件:
1:Exhibit 1
10/31/2024 MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction[28]
10/31/2024 MOTION by Plaintiff Nike, Inc. for preliminary injunction
附件:
1:Exhibit A
10/29/2024 BOND in the amount of $ $1,000 cashier's check, Receipt No. 100012537 posted by Nike, Inc.
10/28/2024 SUMMONS Issued as to Defendant The Individuals and Entities Operating [REDACTED] (qrtr,)
10/23/2024 Registry Deposit Information Form by Nike, Inc.
10/22/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 10/22/2024. Emailed notice.
10/22/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [16] and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [21] are granted. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $1,000.00 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Emailed notice.
10/18/2024 NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[16], motion for miscellaneous relief[21] before Honorable LaShonda A. Hunt on 10/29/2024 at 10:00 AM.
10/18/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[22]
附件:
1:Exhibit 1
2:Exhibit 2
10/18/2024 MEMORANDUM by Nike, Inc. in support of motion for miscellaneous relief[21]
10/18/2024 MOTION by Plaintiff Nike, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
10/18/2024 SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 regarding declaration[19]
10/18/2024 DECLARATION of Joe Pallett regarding memorandum in support of motion[17]
附件:
1:Exhibit 1
2:Exhibit 2
10/18/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
10/18/2024 MEMORANDUM by Nike, Inc. in support of motion for temporary restraining order[16]
10/18/2024 MOTION by Plaintiff Nike, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
10/18/2024 SEALED EXHIBIT by Plaintiff Nike, Inc. Amended Schedule A regarding amended complaint[14]
10/18/2024 Redacted AMENDED complaint by Nike, Inc. against [REDACTED], The Individuals and Entities Operating [REDACTED]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
10/18/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion or leave to file under seal [3], which the Court construes as a motion to seal any filings identifying Defendants, is granted. Schedule A [2], the Amended Complaint [11], and Amended Schedule A [12] shall remain under seal and the forthcoming Exhibit 3 to the Declaration of Joe Pallett may be filed under seal pending further order of the Court. Plaintiff shall file an unsealed version of the Amended Complaint redacting or omitting the identity of Defendants by 5:00PM on 10/18/24. Emailed notice.
10/17/2024 EXHIBIT by Plaintiff Nike, Inc. Amended Schedule A regarding amended complaint, [11]
10/17/2024 AMENDED complaint by Nike, Inc. against chenwei626, The Individuals and Entities Operating chenwei626 and terminating The Partnerships and Unincorporated Associations Identified on Schedule A
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
10/16/2024 CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2).
10/16/2024 ATTORNEY Appearance for Plaintiff Nike, Inc. by Berel Yonathan Lakovitsky
10/16/2024 ATTORNEY Appearance for Plaintiff Nike, Inc. by Marcella Deshonda Slay
10/16/2024 ATTORNEY Appearance for Plaintiff Nike, Inc. by Amy Crout Ziegler
10/16/2024 ATTORNEY Appearance for Plaintiff Nike, Inc. by Justin R. Gaudio
10/16/2024 Notice of Claims Involving Trademarks by Nike, Inc.
10/16/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nike, Inc.
10/16/2024 CIVIL Cover Sheet
10/16/2024 MOTION by Plaintiff Nike, Inc. for leave to file under seal
10/16/2024 SEALED EXHIBIT by Plaintiff Nike, Inc. Schedule A regarding complaint[1]
10/16/2024 COMPLAINT filed by Nike, Inc.; Filing fee $ 405, receipt number AILNDC-22609940.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

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