最近更新:2025-01-17
更新

2024-cv-12503

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

日期:12/05/2024

法院:伊利诺伊州北区法院

品牌:Fox Head 体育用品

律所:GBC

日期 描述
01/14/2025 MAILED Trademark report with certified copy of minute order dated 1/13/25 to Patent Trademark Office, Alexandria VA
01/13/2025 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff has filed a notice of voluntary dismissal [8] as to the remaining defendant, which is self-effectuating under Rule 41(a)(1)(A)(i). Accordingly, plaintiff's motion for preliminary injunction [25] is denied as moot. All pending deadlines and hearings are stricken. Civil case terminated. Mailed notice
01/09/2025 NOTICE of Voluntary Dismissal by Fox Head, Inc. as to certain defendant
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 CERTIFICATE of Service by Plaintiff Fox Head, Inc. regarding text entry, 29
附件:
1:(Exhibit A)(Tsai, Yu Hin)
12/23/2024 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction 25. In connection with that motion, plaintiff must serve defendant 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 or before January 3, 2025." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon defendant within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon which 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. Mailed notice
12/23/2024 SUMMONS Returned Executed by Fox Head, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/23/2024, answer due 1/13/2025.
附件:
1:(Exhibit A)(Tsai, Yu Hin)
2:Declaration of Y. Jeffrey Tsai
12/23/2024 DECLARATION of Trevor C. Talhami regarding memorandum in support of motion 26
12/23/2024 MEMORANDUM by Fox Head, Inc. in support of motion for preliminary injunction 25
12/23/2024 MOTION by Plaintiff Fox Head, Inc. for preliminary injunction
附件:
1:(Exhibit A)
12/23/2024 ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Yu Hin Jeffrey Tsai (Tsai, Yu Hin)
12/13/2024 Registry Deposit Information Form by Fox Head, Inc.
12/13/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
12/13/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Jeffrey I Cummings on 12/13/2024. Mailed notice.
12/13/2024 MINUTE entry before the Honorable Jeffrey I Cummings: 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 13, and motion for electronic service of process 18 are granted as to Amended Schedule A. Plaintiff's submissions establish that, were defendant to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendant 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 defendant 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 defendant, stopping defendant's 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 goods, and there is no countervailing harm to defendant 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 defendant. Expedited discovery is warranted to identify defendant and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing is set for 1/31/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice.
12/06/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19
12/06/2024 MEMORANDUM by Fox Head, Inc. in support of motion for miscellaneous relief 18
12/06/2024 MOTION by Plaintiff Fox Head, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
12/06/2024 SEALED EXHIBIT by Plaintiff Fox Head, Inc. Exhibit 2 - Part 1 regarding declaration 16
附件:
1:(Exhibit 2-1)
12/06/2024 DECLARATION of Paul Mills regarding memorandum in support of motion 14
附件:
1:(Exhibit 1)
12/06/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14
12/06/2024 MEMORANDUM by Fox Head, Inc. in support of motion for temporary restraining order 13
12/06/2024 MOTION by Plaintiff Fox Head, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
12/06/2024 SEALED EXHIBIT by Plaintiff Fox Head, Inc. Amended Schedule A regarding amended complaint 11
12/06/2024 AMENDED complaint by Fox Head, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A
附件:
1:(Exhibit 1)
12/05/2024 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. (dec,)
12/05/2024 CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2). (dec,)
12/05/2024 ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Luana Faria De Souza (Faria De Souza, Luana)
12/05/2024 ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Trevor Christian Talhami
12/05/2024 ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Amy Crout Ziegler
12/05/2024 ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Justin R. Gaudio
12/05/2024 Notice of Claims Involving Trademarks by Fox Head, Inc.
12/05/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fox Head, Inc.
12/05/2024 CIVIL Cover Sheet
12/05/2024 MOTION by Plaintiff Fox Head, Inc. for leave to file under seal
12/05/2024 SEALED EXHIBIT by Plaintiff Fox Head, Inc. Schedule A regarding complaint[1]
12/05/2024 COMPLAINT filed by Fox Head, Inc.; Filing fee $ 405, receipt number AILNDC-22804630.
附件:
1:Exhibit 1

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