最近更新：2025-01-18
2024-cv-11042
| 日期 | 描述 |
|---|---|
| 01/06/2025 | MINUTE entry before the Honorable John Robert Blakey: Based upon the Court's trial schedule, the 1/8/25 Notice of Motion date is stricken, and the hearing on Plaintiff's motion for default and default judgment 39 is hereby reset to 1/29/25 at 11:00 a.m. in Courtroom 1203. Mailed notice. |
| 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. |
| 12/31/2024 | NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment 39 before Honorable John Robert Blakey on 1/8/2025 at 11:00 AM. |
| 12/31/2024 | MEMORANDUM by Heather Picquelle in support of motion for default judgment 39 附件： 1:(Declaration of Keith A. Vogt) 2:Exhibit 2 3:Exhibit 1 |
| 12/31/2024 | MOTION by Plaintiff Heather Picquelle for default judgment as to the Defendants Identified in Schedule A to the [Amended] Complaint |
| 12/15/2024 | NEW PARTIES: zhijiangshizhuohuliaoshangmaoshanghang, zhaoyongnjksnvawrwgrwagrww, gaoweisd, LiShuaiShuai01 and Tongling Shengsheng E-commerce Center Sole Proprietorship added to case caption. |
| 12/13/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 12/13/2024. Mailed notice |
| 12/13/2024 | MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 12/13/2024. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. No defendant has filed an appearance in this matter or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction 32. Accordingly, and based upon the same findings made in this Court's TRO 30, this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction 32. Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Plaintiff shall file a status report by 1/31/25. Mailed notice |
| 12/10/2024 | MINUTE entry before the Honorable John Robert Blakey: Based upon the Court's trial schedule, the 12/11/24 motion hearing date is stricken and reset for 12/13/24 at 11:00 a.m. in Courtroom 1203. Mailed notice |
| 12/03/2024 | SUMMONS Returned Executed by Heather Picquelle as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/3/2024, answer due 12/24/2024. 附件： 1:(Declaration of Service) |
| 12/03/2024 | NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 32 before Honorable John Robert Blakey on 12/11/2024 at 11:00 AM. |
| 12/03/2024 | MEMORANDUM by Heather Picquelle in support of motion for preliminary injunction 32 附件： 1:(Exhibit 1, of Keith A. Vogt's declaration) 2:Declaration of Keith A. Vogt |
| 12/03/2024 | MOTION by Plaintiff Heather Picquelle for preliminary injunction |
| 12/02/2024 | INJUNCTION BOND in the amount of $ $10,000 posted by Heather Picquelle (Document not scanned). |
| 11/26/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 11/25/2024 | SEALED ORDER Signed by the Honorable John Robert Blakey on 11/25/2024. Mailed notice |
| 11/25/2024 | MINUTE entry before the Honorable John Robert Blakey: Plaintiff has filed an amended complaint, seeking to sue five Defendants for infringement of a single copyright 20, 21. As previously explained, joinder of multiple defendants in a single trademark infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). On this score, Plaintiff alleges that, the "Defendant Internet Stores share unique identifiers, such as design elements and similarities of the unauthorized products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences. For example, all Defendants offered to sell and sold the same infringing goods featuring the identically modified (cropped) version of the [protected work]." 20 7. Plaintiff's allegations remain supported by screenshot evidence submitted along with the pleadings. See id.; [26-1]. Accordingly, the Court finds that Plaintiff may proceed on its complaint joining the identified Defendants. Additionally, based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal 22 and motion for leave to file excess pages 23. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order 24. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 12/9/24. The 11/27/24 and 12/4/24 Notice of Motion dates are stricken as to all motions. Mailed notice |
| 11/25/2024 | Re-Notice of Motion for Presentment of 24 Renewed Exparte motion NOTICE of Motion by Keith A. Vogt for presentment of before Honorable John Robert Blakey on 12/4/2024 at 11:00 AM. |
| 11/25/2024 | Renewed Exparte Motion 24 NOTICE of Motion by Keith A. Vogt for presentment of before Honorable John Robert Blakey on 11/27/2024 at 11:00 AM. |
| 11/25/2024 | SEALED EXHIBIT by Plaintiff Heather Picquelle Sealed Exhibit 2, Declaration of Heather Picquelle regarding memorandum in support of motion, 25 附件： 1:(Exhibit 2-1) |
| 11/25/2024 | MEMORANDUM in support of 24 Renewed Exparte motion 附件： 1:(Exhibit 1, of Heather Picquelle's declaration) 2:Declaration of Heather Picquelle 3:Exhibit 1-2, of of Keith A. Vogt's declaration 4:Declaration of Keith A. Vogt |
| 11/25/2024 | MOTION by Plaintiff Heather Picquelle for leave to file excess pages |
| 11/25/2024 | MOTION by Plaintiff Heather Picquelle for leave to file under seal |
| 11/25/2024 | SEALED DOCUMENT by Plaintiff Heather Picquelle Schedule A to Amended Complaint 20 |
| 11/25/2024 | AMENDED complaint by Heather Picquelle against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:(Exhibit 1) |
| 11/04/2024 | MINUTE entry before the Honorable John Robert Blakey: In this lawsuit, Plaintiff seeks to sue 18 separate defendants for infringement of 23 copyrights. See 1, 12. Joinder of multiple defendants in a single copyright infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). On this score, Plaintiff alleges that Defendants "share unique identifiers, such as design elements and similarities of the unauthorized products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." 1 7, 10. Plaintiff further alleges that "the Infringing Products for sale in the Defendant Internet Stores bear similarities and indicia of being related to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that, upon information and belief, Defendants are interrelated." Id. 31. But these allegations are undermined by the screenshot evidence submitted along with Plaintiff's pleadings. That evidence shows that, although some of the defendant internet stores do use similar photos, they use different layouts, descriptions, and language, and for the most part offer different products. Additionally, Plaintiff offers nothing to suggest a relationship between defendants allegedly infringing one copyright and defendants allegedly infringing other copyrights. As a result, the Court dismisses without prejudice Plaintiff's complaint 1 and denies as moot Plaintiff's motions for leave to seal 13 and file excess pages 14 and motion for TRO 15. The 11/6/24 Notice of Motion date is stricken as to all motions. If Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support the joinder of the identified defendants in this single action, it may do so by 11/26/24. If Plaintiff fails to comply, the Court will dismiss this case. If Plaintiff elects to amend its complaint, it should also bolster its allegations relating to personal jurisdiction. Plaintiff alleges that this Court "has personal jurisdiction over each Defendant, because each Defendant conducts significant business in Illinois and in this judicial district. Furthermore, the acts and events giving rise to this lawsuit were undertaken in Illinois and in this judicial district. In addition, each defendant has offered to sell and ship infringing products into this judicial district." 1 15. But the former is a legal conclusion (unsupported by the submitted screenshot evidence), and the latter remains insufficient to confer personal jurisdiction. See, e.g., Am. Bridal & Prom Indus. Ass'n, Inc. v. The Partnerships & Unincorporated Associations Identified on Schedule A, 192 F. Supp. 3d 924, 93435 (N.D. Ill. 2016) (simply alleging the existence of purported counterfeiting via an interactive website is not enough, by itself, to confer personal jurisdiction); Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014) ("Having an interactive website. should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."); Rubik's Brand, Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 20-CV-5338, 2021 WL 825668, at *3 (N.D. Ill. Mar. 4, 2021) (screenshot evidence showing that an order could be placed by an Illinoisan, "amounts to nothing more than maintaining an interactive website that is accessible in Illinois," and "that alone cannot confer personal jurisdiction."). Mailed notice |
| 10/31/2024 | MOTION by Plaintiff Heather Picquelle for leave to file excess pages |
| 10/31/2024 | MOTION by Plaintiff Heather Picquelle for leave to file under seal |
| 10/28/2024 | ATTORNEY Appearance for Plaintiff Heather Picquelle by Yi Bu |
| 10/28/2024 | ATTORNEY Appearance for Plaintiff Heather Picquelle by Yanling Jiang |
| 10/28/2024 | 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. |
| 10/28/2024 | CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 3). |
| 10/28/2024 | ATTORNEY Appearance for Plaintiff Heather Picquelle by Monica Rita Martin |
| 10/28/2024 | ATTORNEY Appearance for Plaintiff Heather Picquelle by Christopher Romero |
| 10/28/2024 | ATTORNEY Appearance for Plaintiff Heather Picquelle by Cameron Eugene Mcintyre |
| 10/28/2024 | ATTORNEY Appearance for Plaintiff Heather Picquelle by Adam Grodman |
| 10/28/2024 | ATTORNEY Appearance for Plaintiff Heather Picquelle by Keith A. Vogt |
| 10/28/2024 | CIVIL Cover Sheet |
| 10/28/2024 | SEALED DOCUMENT by Plaintiff Heather Picquelle Schedule A to Complaint 1 |
| 10/28/2024 | COMPLAINT filed by Heather Picquelle; Filing fee $ 405, receipt number AILNDC-22657636. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
