最近更新：2024-12-25
2024-cv-01566
| 日期 | 描述 |
|---|---|
| 10/01/2024 | DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 10/1/2024. Emailed notice. |
| 10/01/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 33 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. Because this infringement was willful and considering the value of Plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $10,000 is an appropriate award of statutory damages against each remaining defendant. Enter Final Judgment Order. Civil case terminated. Emailed notice. |
| 09/05/2024 | CERTIFICATE of Service by Plaintiff Viking Arm AS regarding order on motion for default judgment, set motion and R&R deadlines/hearings, terminate hearings, 36 |
| 09/05/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment 33 against the remaining defendants identified in Amended Schedule A [19-3]. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Amended Schedule A is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendants must be filed on or 9/19/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining affected Defendants within one business day of its entry on the docket and must promptly file proof of that service. No appearance is necessary on 9/11/24. Emailed notice. |
| 09/04/2024 | NOTICE of Motion by David Lee Gulbransen, Jr for presentment of motion for default judgment 33 before Honorable LaShonda A. Hunt on 9/11/2024 at 10:00 AM. |
| 09/04/2024 | MEMORANDUM by Viking Arm AS in support of motion for default judgment 33 附件： 1:Declaration Declaration of David Gulbransen 2:(Exhibit Exhibit 1) |
| 09/04/2024 | MOTION by Plaintiff Viking Arm AS for default judgment as to all remaining defendants |
| 08/08/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case 31. Summons were executed on 7/25/24 and Defendants' responses to the complaint are due by 8/15/24 24. By 9/12/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice. |
| 08/08/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 8/8/2024. Emailed notice. |
| 08/08/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction 26, which the Court now considers unopposed because no Defendant filed a notice of objection by the 8/7/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO 21 22, 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 25 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, 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 Amended Schedule A [19-3] are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. |
| 07/26/2024 | CERTIFICATE of Service by Plaintiff Viking Arm AS regarding set motion and R&R deadlines/hearings, 28 |
| 07/26/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction 26 is taken under advisement. A telephonic motion hearing is set for 8/8/24 at 9:45AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 8/7/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date 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. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. Emailed notice. |
| 07/25/2024 | MEMORANDUM by Viking Arm AS in support of motion for preliminary injunction 26 附件： 1:Declaration Declaration of David Gulbransen 2:(Exhibit Exhibit to Declaration of David Gulbransen) |
| 07/25/2024 | MOTION by Plaintiff Viking Arm AS for preliminary injunction |
| 07/25/2024 | CERTIFICATE of Service by Plaintiff Viking Arm AS |
| 07/25/2024 | SUMMONS Returned Executed by Viking Arm AS as to Partnerships and Unincorporated Associations Identified on Schedule A on 7/25/2024, answer due 8/15/2024. |
| 07/25/2024 | SUMMONS Issued as to Defendant Partnerships and Unincorporated Associations Identified on Schedule A |
| 06/24/2024 | SURETY BOND in the amount of $ 2,000.00 posted by Viking Arm AS. (Document not imaged) (Received at the Intake Counter on 6/24/2024.) |
| 06/11/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 6/11/2024. Emailed copy to plaintiff's counsel. |
| 06/11/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order 18 finding that Plaintiff had failed to meet its burden of establishing that permissive joinder of 181 defendants in this case was proper under Fed. R. Civ. P. 20(a)(2). In response, Plaintiff filed an amended complaint 19 and an amended Schedule A [19-3], which remedy the misjoinder. While the Court granted Plaintiff leave to file the amended Schedule A under seal 18, Plaintiff also filed the amended complaint 19 and the exhibits to the complaint [19-1] [19-2] under seal. Plaintiff has not established any basis for sealing these documents. See Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000). Accordingly, the Clerk's Office is directed, forthwith, to unseal the following filings: 19, [19-1], and [19-2]. The amended Schedule A [19-3] and Plaintiff's Supplemental Response to Motion for Temporary Restraining Order 20 shall remain under seal pending further order of the Court. Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Asset Restraining Order, and Expedited Discovery Order and Service of Process by Email 10 is granted. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $2,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Mailed notice. |
| 06/10/2024 | SEALED DOCUMENT by Plaintiff Viking Arm AS Supplemental Response for TRO Motion |
| 06/10/2024 | SEALED DOCUMENT by Plaintiff Viking Arm AS 附件： 1:Exhibit Exhibit 1 2:Exhibit Exhibit 2 3:(Appendix Schedule A) |
| 06/06/2024 | ORDER: For the reasons stated in this Order, the Court finds that joinder of these defendants is improper under Fed. R. Civ. P. 20(a)(2). Plaintiff is granted leave to file an amended complaint consistent with this ruling along with an amended Schedule A (which may be filed under seal) by 6/20/24. Plaintiff's Motion for Temporary Restraining Order 10 remains under advisement. However, Plaintiff must also file a supplement to the TRO that specifically identifies the relevant pages where evidence pertaining to each amended Schedule A defendant can be found in the prior voluminous submissions or simply reattach the relevant pages for ease of court review. Otherwise, this Court will exercise its discretion to sever and/or dismiss parties without prejudice to cure the misjoinder. See UWM Student Ass'n v. Lovell, 888 F.3d 854, 864 (7th Cir. 2018). Signed by the Honorable LaShonda A. Hunt on 6/6/2024. Mailed notice. |
| 03/15/2024 | SEALED DOCUMENT by Plaintiff Viking Arm AS Supplemental Memo in Support of Joinder 附件： 1:Declaration Supplemental Declaration of Plaintiff 2:Exhibit Exhibit 1 3:Exhibit Exhibit 2 4:Exhibit Exhibit 4 5:(Exhibit Exhibit 4) |
| 03/01/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff names 181 defendants in this single case and seeks ex parte TRO relief against each of them 10. However, after reviewing the unsealed complaint 1 and previously sealed complaint 2, the Court questions whether plaintiff has established sufficient grounds for joinder of all defendants under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps. Ltd. Liab. Cos., P'ships and Unincorporated Ass'ns Identified on Schedule "A," 21-cv-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). By 3/15/24, Plaintiff is ordered to file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A defendant to demonstrate that joinder is proper. Alternatively, by the same deadline, plaintiff may file under seal an amended schedule A with a subset of the defendants and an amended declaration that explains how each of these defendants is properly joined with each other. Any amended declaration must attach labeled exhibits that contain screenshots or other information specific only to the defendants listed on amended Schedule A. Plaintiff's motion for leave to file excess pages 12 is granted. The motion for a TRO 10 will remain under advisement until the joinder issue is resolved. No appearance is necessary on 3/5/24. Emailed notice. |
| 03/01/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Ex Parte Motion for Leave to Temporarily Seal Documents and Temporarily Proceed Pseudonymously 7 and Plaintiff's Ex Parte Motion for Leave to Temporarily Seal Documents 13 are granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of a temporary restraining order, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Conversely, there are no exceptional circumstances that would justify allowing Plaintiff to conceal its own identity: Plaintiff has filed an ex parte TRO motion, and the identity of the defendant entities will be placed under seal during the pendency of the ex parte proceedings. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the Court to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Thus, only Schedule A [2-3] and Exhibit 1 to the Declaration of David Gulbransen [11-3] [11-4] [11-5] [11-6] [11-7] [11-8] [11-9] [11-10] shall remain sealed until further court order. The Clerk's Office is directed, forthwith, to (1) update the docket to reflect that the Plaintiff's name is Viking Arm AS; and (2) unseal the following filingsthe Complaint 2, Exhibit 1 to the Complaint [2-1], Exhibit 2 to the Complaint [2-2], USPTO Cover Sheet 4, Affiliate Disclosures 5, the Memorandum in Support of Plaintiff's Ex Parte Motion for Entry of Temporary Restraining Order 11, the Declaration of 'ivind Resch [11-1], the Declaration of David Gulbransen [11-2], and Exhibit 2 to the Declaration of David Gulbransen [11-11]. Emailed notice. |
| 02/28/2024 | NOTICE of Motion by David Lee Gulbransen, Jr for presentment of motion to seal document 7, motion for temporary restraining order 10, motion for leave to file excess pages 12, motion to seal document 13 before Honorable LaShonda A. Hunt on 3/5/2024 at 10:00 AM. |
| 02/28/2024 | MOTION by Plaintiff VAN to seal document sealed document, 11, sealed document 2, sealed document 4, sealed document 5 |
| 02/28/2024 | MOTION by Plaintiff VAN for leave to file excess pages |
| 02/28/2024 | MEMORANDUM in Support of Plaintiff's Ex Parte Motion for Entry of Temporary Restraining Order by Plaintiff VAN Modified on 3/1/2024. 附件： 1:Declaration Declaration of Plaintiff 2:Declaration Declaration of David Gulbransen 3:Exhibit Exhibit 1 to Declaration of David Gulbransen (1 of 8) 4:Exhibit Exhibit 1 to Declaration of David Gulbransen (2 of 8) 5:Exhibit Exhibit 1 to Declaration of David Gulbransen (3 of 8) 6:Exhibit Exhibit 1 to Declaration of David Gulbransen (4 of 8) 7:Exhibit Exhibit 1 to Declaration of David Gulbransen (5 of 8) 8:Exhibit Exhibit 1 to Declaration of David Gulbransen (6 of 8) 9:Exhibit Exhibit 1 to Declaration of David Gulbransen (7 of 8) 10:Exhibit Exhibit 1 to Declaration of David Gulbransen (8 of 8) 11:(Exhibit Exhibit 2 to Declaration of David Gulbransen) |
| 02/28/2024 | MOTION by Plaintiff VAN for temporary restraining order |
| 02/27/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 02/27/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 02/27/2024 | 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. |
| 02/27/2024 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). |
| 02/26/2024 | MOTION by Plaintiff VAN to seal document sealed document 2, sealed document 4, sealed document 5 |
| 02/26/2024 | ATTORNEY Appearance for Plaintiff VAN by David Lee Gulbransen, Jr |
| 02/26/2024 | AFFILIATE Disclosure Statement by Plaintiff VAN Affiliate Disclosure Modified on 3/1/2024. |
| 02/26/2024 | USPTO Cover Sheet by Plaintiff VAN USPTO Cover Sheet Modified on 3/1/2024. |
| 02/26/2024 | CIVIL Cover Sheet |
| 02/26/2024 | COMPLAINT by Plaintiff VAN Complaint, Ex. 1, Ex. 2 and Schedule A Modified on 3/1/2024. 附件： 1:Exhibit Exhibit 1 2:Exhibit Exhibit 2 3:(Appendix Schedule A) |
| 02/26/2024 | COMPLAINT filed by VAN; Filing fee $ 405, receipt number AILNDC-21675131. |
