最近更新:2025-01-17
更新

2024-cv-12445

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

日期:12/04/2024

法院:伊利诺伊州北区法院

品牌:Barbie芭比

律所:GBC

日期 描述
01/06/2025 NEW PARTIES: Linghang Wig added to case caption.
01/06/2025 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 01/06/2025. Emailed notice (mw,)
01/06/2025 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction [37] is granted. Given the answer deadline of 01/23/2025, R. 41, the tracking status hearing of 01/10/2025 is reset to 02/07/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report, R. 11-1, by 01/29/2025. If the Defendants do not answer on time, then they are deemed to be in default, and the Plaintiff instead shall file a motion for default judgment by 01/29/2025. Emailed notice
01/02/2025 SUMMONS Returned Executed by Mattel, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/2/2025, answer due 1/23/2025.
附件:
1:Exhibit A
2:Declaration of Hannah A. Abes
01/02/2025 NOTICE of Motion by Rachel S Miller for presentment of motion for preliminary injunction[37] before Honorable Edmond E. Chang on 1/7/2025 at 08:30 AM.
附件:
1:Exhibit A
01/02/2025 DECLARATION of Rachel S. Miller regarding memorandum in support of motion[38]
01/02/2025 MEMORANDUM by Mattel, Inc. in support of motion for preliminary injunction[37]
01/02/2025 MOTION by Plaintiff Mattel, Inc. for preliminary injunction
附件:
1:Exhibit A
01/02/2025 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
12/20/2024 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 12/20/2024: Mailed notice.
12/19/2024 Registry Deposit Information Form by Mattel, Inc.
12/19/2024 STATUS Report pursuant to [11] by Mattel, Inc.
12/19/2024 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the extension motion [29] is granted through 01/07/2025. The tracking status hearing of 12/202/204 is reset to 01/10/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file the preliminary injunction motion, if appropriate, by 01/03/2025. Emailed notice
12/17/2024 NOTICE of Motion by Rachel S Miller for presentment of extension of time[29] before Honorable Edmond E. Chang on 12/20/2024 at 08:30 AM.
12/17/2024 DECLARATION of Rachel S. Miller regarding memorandum in support of motion[30]
12/17/2024 MEMORANDUM by Mattel, Inc. in support of extension of time[29]
12/17/2024 MOTION by Plaintiff Mattel, Inc. for extension of time of Temporary Restraining Order
12/10/2024 (Public Version) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 12/10/2024. Emailed notice
12/10/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 12/10/2024. Emailed notice
12/10/2024 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [17] for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion [3] for leave to file under seal is granted in light of the asset-restraint goal. By 12/17/2024, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the name of Defendant and omitting Amended Schedule A). The motion [22] for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), the status hearing set for 12/27/2024 is reset to 12/20/2024 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 12/17/2024. Emailed notice
12/06/2024 NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file[3], motion for temporary restraining order[17], motion for miscellaneous relief[22] before Honorable Edmond E. Chang on 12/11/2024 at 08:30 AM.
12/06/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[23]
12/06/2024 MEMORANDUM by Mattel, Inc. in support of motion for miscellaneous relief[22]
12/06/2024 MOTION by Plaintiff Mattel, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
12/06/2024 SEALED EXHIBIT by Plaintiff Mattel, Inc. Exhibit 3 regarding declaration[20]
12/06/2024 DECLARATION of Adam Sapper regarding memorandum in support of motion[18]
附件:
1:Exhibit 1
2:Exhibit 2
12/06/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18]
12/06/2024 MEMORANDUM by Mattel, Inc. in support of motion for temporary restraining order[17]
12/06/2024 MOTION by Plaintiff Mattel, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
12/06/2024 SEALED EXHIBIT by Plaintiff Mattel, Inc. Amended Schedule A regarding amended complaint[15]
12/06/2024 AMENDED complaint by Mattel, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A
附件:
1:Exhibit 2
2:Exhibit 1
12/05/2024 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
12/05/2024 MAILED trademark report to Patent Trademark Office, Alexandria VA
12/05/2024 MAILED copyright report to Registrar, Washington DC
12/05/2024 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 12/27/2024 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 12/19/2024. Plaintiff must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice
12/04/2024 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.
12/04/2024 CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2).
12/04/2024 ATTORNEY Appearance for Plaintiff Mattel, Inc. by Hannah Alexa Abes
12/04/2024 ATTORNEY Appearance for Plaintiff Mattel, Inc. by Rachel S Miller
12/04/2024 ATTORNEY Appearance for Plaintiff Mattel, Inc. by Amy Crout Ziegler
12/04/2024 ATTORNEY Appearance for Plaintiff Mattel, Inc. by Justin R. Gaudio
12/04/2024 Notice of Claims Involving Trademarks by Mattel, Inc.
12/04/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mattel, Inc.
12/04/2024 CIVIL Cover Sheet
12/04/2024 MOTION by Plaintiff Mattel, Inc. for leave to file under seal
12/04/2024 SEALED EXHIBIT by Plaintiff Mattel, Inc. Schedule A regarding complaint[1]
12/04/2024 COMPLAINT filed by Mattel, Inc.; Filing fee $ 405, receipt number AILNDC-22798207.
附件:
1:Exhibit 1
2:Exhibit 2

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