最近更新:2024-12-25
更新

2024-cv-02329

Viacom International Inc. et al v. The Partnerships And Unincorporated Associations Identified On Schedule A,

日期:03/25/2024

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
08/27/2024 MAILED trademark report to Patent Trademark Office, Alexandria VA.
08/23/2024 DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 8/23/2024. Mailed notice.
08/23/2024 MINUTE entry before the Honorable Martha M. Pacold: No defendant has responded to plaintiffs' motion for entry of default and default judgment, [56]. The motion, [56], is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiffs have established that the infringement was willful, that damages should be awarded in the amount of up to $600,000 per defendant ($100,000 for plaintiffs' claims of copyright infringement, and $500,000 for plaintiffs' claims of trademark infringement, as set out in Schedule A), and that a permanent injunction should be entered. Plaintiffs have shown that the infringement of their copyrights and trademarks causes them irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiffs' reputations, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise. Thus, the court also finds that the balance of the hardships favors an injunction. The ten-thousand-dollar ($10,000) surety bond posted by plaintiffs is hereby released to plaintiffs' counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiffs' counsel, TME Law, P.C., 10 S. Riverside Plaza, Suite 875, Chicago, IL 60606. Enter Default Final Judgment Order. Terminate civil case. Mailed notice.
08/23/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motions for leave to amend Schedule A to the complaint Instanter, [50]; [52]; [54], are granted. Defendants No. 9 rinzlershop, No. 25 KawaiiMerch, and No. 34 Maxspeed Group Co., Ltd. are dismissed. Plaintiffs have already filed the amended Schedule A on the docket. [55]. Mailed notice.
06/24/2024 DECLARATION of Martin F. Trainor regarding memorandum in support of motion[57]
附件:
1:Exhibit 1
06/24/2024 MEMORANDUM by Paws, Inc., Viacom International Inc. in support of motion for entry of default, motion for default judgment, [56]
附件:
1:Exhibit 1
2:Exhibit 2
06/24/2024 MOTION by Plaintiffs Paws, Inc., Viacom International Inc. for entry of default, MOTION by Plaintiffs Paws, Inc., Viacom International Inc. for default judgment as to all Defendants
附件:
1:Exhibit A
06/24/2024 EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Amended Schedule A regarding complaint[1]
06/24/2024 MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to amend/correct Schedule A to the Complaint Instanter
06/14/2024 EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Amended Schedule A regarding complaint[1]
06/14/2024 MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to amend/correct Schedule A to the Complaint Instanter
06/07/2024 EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Amended Schedule A regarding complaint[1]
06/07/2024 MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to amend/correct Schedule A to the Complaint Instanter
06/03/2024 STATUS Report by Paws, Inc., Viacom International Inc.
附件:
1:Exhibit A
05/29/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motions for leave to amend Schedule A to the complaint instanter, [44]; [46], are granted. Defendants No. 32 Unifinz, No. 2 Guangzhou Blue Sky Trading Co., Ltd., and No. 24 Dollmascot are dismissed. Plaintiffs have already filed an amended Schedule A form on the docket, [47]. By 6/3/24, plaintiff should file a status report with an update on the status of this case.
05/24/2024 EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Amended Schedule A regarding complaint[1]
05/24/2024 MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to amend/correct Schedule A to the Complaint Instanter
05/17/2024 EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Amended Schedule A regarding complaint[1]
05/17/2024 MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to amend/correct Schedule A to the Complaint Instanter
05/15/2024 ORDER Signed by the Honorable Martha M. Pacold on 5/15/2024: Plaintiffs' motion to withdraw the appearance of Richard Poskozim [42] is granted. Richard Poskozim is terminated. Mailed notice.
05/14/2024 MOTION by Attorney Richard Poskozim to withdraw as attorney for Paws, Inc., Viacom International Inc. No party information provided
05/13/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for leave to amend Schedule A to the complaint instanter, [39], is granted. Defendant No. 29 Salelolita is dismissed. Plaintiffs have already filed the amended Schedule A on the docket, [40].
05/10/2024 EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Amended Schedule A regarding complaint[1]
05/10/2024 MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to amend/correct Schedule A to the Complaint Instanter
05/07/2024 NEW PARTIES: Shenzhen Huaao Sports Technology Co., Ltd., Guangzhou Blue Sky Trading Co., Ltd., Beautiful World Toy Store, Er Mao Store, KuiLu Toy Store, beautifulworld888, AmelieHP, MascotandBag, rinzlershop, CaenumDea, Caold, KicksandGigglesDecor, RoseandThistleUK, SnoutfaceStudio, Undisputedprintshop, Ellis Daniel, Ivory Prints, Miller Clark, Murphy Dennis, SpotSound, Shenzhen Hongxinmei Technology Development, FurryMascot, Costume Party World, Dollmascot, KawaiiMerch, puertoricoshirt, ShopPajama, Cosplay&Ware Anime, Salelolita, Everything-Hollywood, pixooffset, Unifinz, vstormshop, Maxspeed Group Co., Ltd, Shenzhen Happy Walk Co., Ltd., Sinooceantrade Co., Ltd., Wenzhou 360 Inflatable Co., Ltd., Yantai Waha Inflatable Co., Ltd., DavDavies, Greg Stephens, LyDa, MohameKhalil, Abderrah89, amressam96, Antonio009, DesignerRoha, Funkii2, Helenkepler, JaysonDS, LuisPortoRico, ShopBK6, Steelcrows, TayArtD, Mascots REDBROKOLY / BIGGYMONKEY / SPOTSOUND, CHASITY OXENDINE, Fallbrook Church, jiangjiajun8974, McDonald all, mcphineerf, ondrickaedythe7, piprintondemand, Sgchvhcjvhbgnhbjvbvv, stiedemannjose, cuiyaoa, FashionLYHB, hutianhuijl and kengdez added to case caption. Terminating The Partnerships And Unincorporated Associations Identified On Schedule A
05/06/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for leave to amend Schedule A to the complaint instanter, [36], is granted. Defendant No. 10 Dextrapede is dismissed. Plaintiffs have already filed the amended Schedule A on the docket, [37].
05/03/2024 EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Amended Schedule A regarding complaint[1]
05/03/2024 MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to amend/correct Schedule A to the Complaint Instanter
05/02/2024 ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 5/2/2024. Mailed notice.
05/02/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 5/2/2024:
05/02/2024 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction, [28]. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction [28] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 2 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.
04/24/2024 CERTIFICATE of Service by Alexander Whang on behalf of Paws, Inc., Viacom International Inc.
附件:
1:Exhibit A
04/23/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiffs' motion for entry of a preliminary injunction [28]. The court has taken the motion for preliminary injunction, [28], under advisement and will consider the motion unopposed if no defendant appears and objects by 4/30/2024. Plaintiffs shall serve defendants with this notice. For the reasons stated in the court's order entering the TRO, the TRO is extended to and including the date on 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). To the extent this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844.
04/23/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for leave to amend Schedule A to the complaint instanter [25] is granted. Defendants No. 13 RoseandThistleUK, No. 16 Ellis Daniel, No. 17 Ivory Prints, No. 18 Miller Clark, No. 19 Murphy Dennis, and No. 27 ShopPajama are dismissed. Plaintiffs have already filed the amended Schedule A on the docket [26].
04/19/2024 MEMORANDUM by Paws, Inc., Viacom International Inc. in support of motion for preliminary injunction[28]
附件:
1:Declaration of Martin F. Trainor
2:Exhibit 1
04/19/2024 MOTION by Plaintiffs Paws, Inc., Viacom International Inc. for preliminary injunction
附件:
1:Exhibit A
04/19/2024 SUMMONS Returned Executed by Viacom International Inc., Paws, Inc. as to The Partnerships And Unincorporated Associations Identified On Schedule A, on 4/19/2024, answer due 5/10/2024.
附件:
1:Declaration of Alexander Whang
2:Exhibit A
04/19/2024 SEALED EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Amended Schedule A regarding complaint[1]
04/19/2024 MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to amend/correct Schedule A to the Complaint Instanter
04/08/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO [22] is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO [20] entered on 3/27/24 is extended until 4/24/24.
04/05/2024 MEMORANDUM by Paws, Inc., Viacom International Inc. in support of motion for miscellaneous relief[22]
附件:
1:Declaration of Martin F. Trainor
04/05/2024 MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to Extend the Temporary Restraining Order
04/02/2024 SURETY BOND in the amount of $ 10,000 posted by Viacom International Inc. (Document not scanned)
03/28/2024 SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A
03/27/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/27/2024:
03/27/2024 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions [3], [13], [17] filed by plaintiffs Viacom International, Inc. and Paws, Inc., the supporting memoranda [14], [18], and the temporary restraining order, plaintiffs' motions for leave to file certain documents under seal [3], for electronic service of process [17], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [13], are granted. Plaintiffs' filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiffs' interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiffs shows a substantial likelihood of success on the merits (including evidence of active infringement and the offering of products for sale into Illinois), the harm to plaintiffs is irreparable, and an injunction is in the public interest. 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. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiffs genuinely intend to pursue an accounting, but at this preliminary stage, plaintiffs have provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiffs shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.
03/25/2024 MEMORANDUM by Paws, Inc., Viacom International Inc. in support of motion for miscellaneous relief[17]
附件:
1:Declaration of Martin F. Trainor
2:Exhibit 1
03/25/2024 MOTION by Plaintiffs Paws, Inc., Viacom International Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

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