最近更新:2025-01-18
更新

2024-cv-11322

Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:11/01/2024

法院:伊利诺伊州北区法院

品牌:OAKLEY 欧克利眼镜

律所:GBC

日期 描述
01/17/2025 STATUS Report Pursuant to [44] by Oakley, Inc.
附件:
1:Exhibit A
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 48 is hereby reset to 1/29/25 at 11:00 a.m. in Courtroom 1203. Mailed notice.
12/30/2024 NOTICE of Motion by Berel Yonathan Lakovitsky for presentment of motion for entry of default, motion for default judgment 48 before Honorable John Robert Blakey on 1/8/2025 at 11:00 AM.
附件:
1:(Exhibit A)
12/30/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 49
附件:
1:(Exhibit 1)
12/30/2024 MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment 48
附件:
1:(Exhibit 1)
12/30/2024 MOTION by Plaintiff Oakley, Inc. for entry of default, MOTION by Plaintiff Oakley, Inc. for default judgment as to all Defendants
附件:
1:(Exhibit A)
12/27/2024 MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal [46], this case is dismissed without prejudice as to Defendants KastKing USA (No. 13) and Milsfna (No. 18). Absent reinstatement by 2/28/25, this dismissal shall automatically convert to a dismissal with prejudice. Mailed notice.
12/27/2024 NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants
12/06/2024 NEW PARTIES: Guangxi Baiyang Technology Co., Ltd., Guangzhou endless sports goods Co., LTD, Guangzhou Panchi Trading Co., Ltd., Henan Aimei Outdoor Products Co., Ltd., Taizhou Baopo Moulding Technology Co., Ltd., Wenzhou Cango Trading Co., Ltd., Wuhan One And One Glasses Co.,ltd, Xiamen Senchenshi Trading Co., Ltd., Yiwu City Offray Glasses Co.,Ltd, Yiwu Erji Crafts Co., Ltd., Yiwu Xixi Crafts Co., Ltd., Zunyi Sanmi Trading Co., Ltd., KastKing USA, KoKo Sports, Lucky--lily, luoheshixunrongshangmaoyouxiangongsi, luyixianlongyanbaihuoshangdian, Milsfna, MQK Store, Mustardhope, wenwen chan and OAK Sunglasses added to case caption.
12/06/2024 PRELIMINARY INJUNCTION ORDER AS TO DEFENDANTS 13-22 Signed by the Honorable John Robert Blakey on 12/6/2024. Mailed notice
12/06/2024 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 12/6/2024. 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 36. Accordingly, and based upon the same findings made in this Court's TRO 28, this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction 36 as to Defendants 13 through 22. Enter Preliminary Injunction Order as to Defendants 13 through 22. 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 1/17/25. Mailed notice
12/05/2024 SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/5/2024, answer due 12/26/2024.
附件:
1:Declaration of Thomas J. Juettner
2:Exhibit A
12/04/2024 MINUTE entry before the Honorable John Robert Blakey: Based upon the Court's trial schedule, the 12/4/24 hearing on Plaintiff's motion for preliminary injunction [36] is stricken and reset for 12/6/24 at 11:00 a.m. in Courtroom 1203. Mailed notice
12/03/2024 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Andrew Daniel Burnham
11/26/2024 SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/26/2024, answer due 12/17/2024.
附件:
1:Declaration of Thomas J. Juettner
2:(Exhibit A)
11/26/2024 NOTICE of Motion by Berel Yonathan Lakovitsky for presentment of motion for preliminary injunction 36 before Honorable John Robert Blakey on 12/4/2024 at 11:00 AM.
附件:
1:(Exhibit A)
11/26/2024 DECLARATION of Berel Y. Lakovitsky regarding memorandum in support of motion 37
11/26/2024 MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction 36
11/26/2024 MOTION by Plaintiff Oakley, Inc. for preliminary injunction as to certain Defendants
附件:
1:(Exhibit A)
11/18/2024 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 30 to extend the temporary restraining order entered 11/6/24 28. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 12/4/24. The 11/20/24 Notice of Motion date is stricken. Mailed notice
11/14/2024 SURETY BOND in the amount of $ 22,000.00 posted by Oakley, Inc.
11/15/2024 NOTICE of Motion by Berel Yonathan Lakovitsky for presentment of extension of time 30 before Honorable John Robert Blakey on 11/20/2024 at 11:00 AM.
11/15/2024 DECLARATION of Berel Y. Lakovitsky regarding memorandum in support of motion 31
11/15/2024 MEMORANDUM by Oakley, Inc. in support of extension of time 30
11/15/2024 MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order
11/08/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
11/07/2024 Registry Deposit Information Form by Oakley, Inc.
11/06/2024 SEALED ORDER Signed by the Honorable John Robert Blakey on 11/6/2024. Mailed notice
11/06/2024 MINUTE entry before the Honorable John Robert Blakey: Plaintiff seeks to sue 22 separate defendants for infringement for its design patent. See [13], [14]. Under 35 U.S.C. § 299, "parties that are accused infringers may be joined in one action as defendants. only if-- (1) any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and (2) questions of fact common to all defendants or counterclaim defendants will arise in the action. Id. § 299(a). The statute specifically provides that "accused infringers may not be joined in one action as defendants. based solely on allegations that they each have infringed the patent or patents in suit." Id. § 299(b). In this regard, Plaintiff alleges that, even though Defendants "operate under multiple fictitious aliases, the e-commerce stores operating under the Seller Aliases often share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use. E-commerce stores operating under the Seller Aliases include other notable common features, such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images. Additionally, Infringing Products offered for sale by the Seller Aliases bear similar irregularities and indicia of being unauthorized to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that Defendants are interrelated. [1] 18. The screenshot evidence offered by Plaintiff supports these allegations. See [15]. See also [24]. As a result, the Court finds that Plaintiff may proceed on its complaint as to the 22 identified Defendants. Additionally, based upon Plaintiff's submissions, the Court grants Plaintiff's motion for electronic service of process [21] and grants Plaintiff's motion for temporary restraining order [16]. Enter Sealed Temporary Restraining Order. Absent further order, this TRO will expire 11/20/24. The 11/12/24 Notice of Motion date is stricken as to all motions. Mailed notice
11/05/2024 NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[16], motion for miscellaneous relief[21] before Honorable John Robert Blakey on 11/12/2024 at 11:00 AM.
11/05/2024 DECLARATION of Justin R. Gaudio regarding memorandum[24]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
11/05/2024 MEMORANDUM by Oakley, Inc. Establishing that Joinder is Proper
11/05/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[22]
附件:
1:Exhibit 1
2:Exhibit 2
11/05/2024 MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[21]
11/05/2024 MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
11/05/2024 SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 regarding declaration[19]
11/05/2024 DECLARATION of Jason Groppe regarding memorandum in support of motion[17]
附件:
1:Exhibit 1
11/05/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17]
附件:
1:Exhibit 1
2:Exhibit 2
11/05/2024 MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[16]
11/05/2024 MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
11/05/2024 SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding amended complaint[13]
11/05/2024 SEALED EXHIBIT by Plaintiff Oakley, Inc. Amended Schedule A regarding amended complaint[13]
11/05/2024 AMENDED complaint by Oakley, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A
附件:
1:Exhibit 5
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
11/05/2024 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion for leave to file under seal [4] but reminds counsel that all motions must be noticed for presentment. Mailed notice
11/01/2024 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.
11/01/2024 CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 1).
11/01/2024 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner
11/01/2024 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Berel Yonathan Lakovitsky
11/01/2024 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler
11/01/2024 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio
11/01/2024 Notice of Claims involving Patents by Oakley, Inc.
11/01/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc.
11/01/2024 CIVIL Cover Sheet
11/01/2024 MOTION by Plaintiff Oakley, Inc. for leave to file under seal
11/01/2024 SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding complaint 1
11/01/2024 SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint 1
11/01/2024 COMPLAINT filed by Oakley, Inc.; Filing fee $ 405, receipt number AILNDC-22682666.
附件:
1:Exhibit 4
2:(Exhibit 5)
3:Exhibit 2
4:Exhibit 3

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