最近更新:2025-01-17
更新

2024-cv-12472

Spin Master Ltd. et al 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:Rubik's Cube魔方

律所:GBC

日期 描述
01/14/2025 ATTORNEY Appearance for Defendant Nadinraom by Adam Edward Urbanczyk
01/13/2025 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [35] for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 1/21/2025. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 1/21/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. 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. Telephone status hearing set for 1/28/2025 at 9:15 a.m. is converted to a tentative default judgment hearing. Mailed notice
01/10/2025 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[36]
附件:
1:Exhibit 1
01/10/2025 MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for entry of default, motion for default judgment, [35]
附件:
1:Exhibit 1
01/10/2025 MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for default judgment as to all Defendants
附件:
1:Exhibit 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.
12/23/2024 NEW PARTIES: Nadinraom added to case caption.
12/23/2024 PRELIMINARY INJUNCTION ORDER signed by the Honorable Sunil R. Harjani on 12/23/2024. Emailed notice
12/23/2024 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 26 is granted. 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 31 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. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 12/24/2024 is stricken. Summons was issued on 12/10/2024, and Defendants' responses to the complaint are due by 1/7/2025. Plaintiff should file any motion for entry of default and default judgment by 1/21/2025. If default and default judgment are not being sought, Plaintiff is ordered to file a status report stating whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 1/28/2025 at 9:15 a.m. Emailed notice
12/17/2024 CERTIFICATE of Service by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited regarding terminate hearings, set/reset hearings, [30]
附件:
1:Exhibit A
12/17/2024 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [26] for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all 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 12/20/2024." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 12/20/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon all defendants within one business day of its entry on the docket and must promptly file proof of that service. The telephone status hearing set for 12/24/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice
12/17/2024 SUMMONS Returned Executed by Spin Master Ltd., Spin Master Toys UK Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/17/2024, answer due 1/7/2025.
附件:
1:Declaration of Y. Jeffrey Tsai
2:Exhibit A
12/17/2024 DECLARATION of Trevor C. Talhami regarding memorandum in support of motion[27]
12/17/2024 MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for preliminary injunction[26]
12/17/2024 MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for preliminary injunction
附件:
1:Exhibit A
12/10/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
12/10/2024 Registry Deposit Information Form by Spin Master Ltd., Spin Master Toys UK Limited
12/10/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 12/10/2024. Mailed notice
12/10/2024 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [15], and motion for electronic service of process [20] 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 being entered along with this minute order 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 products, 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. Enter Sealed Temporary Restraining Order at 9:45 a.m. on 12/10/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 12/17/2024. Telephone status hearing is set for 12/24/2024 at 9:15 a.m. Mailed notice
12/06/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 21
12/06/2024 MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for miscellaneous relief[20]
12/06/2024 MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
12/06/2024 SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Exhibit 2 - Part 1 regarding declaration[18]
12/06/2024 DECLARATION of Susanne Teixeira regarding memorandum in support of motion[16]
附件:
1:Exhibit 1
12/06/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 16
12/06/2024 MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for temporary restraining order 15
12/06/2024 MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
12/06/2024 SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Amended Schedule A regarding amended complaint 13
12/06/2024 AMENDED complaint by Spin Master Ltd., Spin Master Toys UK Limited against The Partnerships and Unincorporated Associations Identified on Schedule A
附件:
1:(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
12/04/2024 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 Sunil R. Harjani. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2).
12/04/2024 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Yu Hin Jeffrey Tsai (Tsai, Yu Hin)
12/04/2024 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Trevor Christian Talhami
12/04/2024 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Amy Crout Ziegler
12/04/2024 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Justin R. Gaudio
12/04/2024 Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master Toys UK Limited
12/04/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master Toys UK Limited
12/04/2024 CIVIL Cover Sheet
12/04/2024 MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for leave to file under seal
12/04/2024 SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Schedule A regarding complaint[1]
12/04/2024 COMPLAINT filed by Spin Master Ltd., Spin Master Toys UK Limited; Filing fee $ 405, receipt number AILNDC-22800225.
附件:
1:Exhibit 1

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