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2024-cv-04785
日期 | 描述 |
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11/01/2024 | FULL SATISFACTION of Judgment regarding order 41 in the amount of $50,000.00 as to Def. Nos. 69 JJYPet and 200 ZZR ONLY |
10/17/2024 | TRANSCRIPT OF PROCEEDINGS held on 10-15-24 before the Honorable John F. Kness. Court Reporter Contact Information: Sandra M. Tennis, Sandra_Tennis@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/7/2024. Redacted Transcript Deadline set for 11/18/2024. Release of Transcript Restriction set for 1/15/2025. |
10/16/2024 | FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 10/16/2024. Mailed notice. |
10/16/2024 | ORDER: Plaintiff's motion for default judgment [35] is granted. Any other pending motions are dismissed as moot. Civil case terminated. Signed by the Honorable John F. Kness on 10/16/2024. Mailed notice. |
10/15/2024 | MINUTE entry before the Honorable John F. Kness: In-person motion hearing held 10/15/2024 on Plaintiff's motion for default judgment 35. Counsel for Plaintiff informed the Court that a stipulation of dismissal 38 was filed shortly before the hearing as to the only remaining Defendant who has appeared. Plaintiff's motion for default judgment will thus be addressed by separate order. Mailed notice. |
10/15/2024 | NOTICE of Voluntary Dismissal by The Pencil Grip, Inc. WITHOUT PREJUDICE pursuant to settlement as to Def. No. 27 Colovis ONLY |
10/08/2024 | MINUTE entry before the Honorable John F. Kness: An in-person motion hearing is set for 10/15/2024 at 9:30 A.M. in Courtroom 2125. Lead counsel is directed to be present at the hearing. Mailed notice. |
09/24/2024 | MEMORANDUM by The Pencil Grip, Inc. in support of motion for default judgment, 35 附件: 1:Exhibit 1, Defaulting Defendant List 2:Declaration by Rishi Nair 3:Exhibit 1 to Nair Declaration (Unpublished Caselaw) 4:(Certificate of Service) |
09/24/2024 | MOTION by Plaintiff The Pencil Grip, Inc. for default judgment as to all defendants that did not appear and answer, as listed in Plaintiff's Memorandum in Support of Its Motion for Entry of Default and Default Judgment |
09/12/2024 | NOTICE of Voluntary Dismissal by The Pencil Grip, Inc. WITH PREJUDICE as to DEF. NOs. 22 BONYCUST; 30 Coolzu; AND, 139 YAMMI Direct ONLY |
09/10/2024 | INITIAL ANSWER to Complaint by Colovis |
08/23/2024 | NOTICE of Voluntary Dismissal by The Pencil Grip, Inc. WITH PREJUDICE as to DEF. NOs. 16 BeiLan; 17 Bestgle; 38 Eyech; 57 HAIYIDA; 135 Wolfride Online; 172 chen Stationery world; and, 188 Ming Mings Shop ONLY |
08/20/2024 | MINUTE entry before the Honorable John F. Kness: Defendants bestgle, eyech, wolfride online's Motion for Extension of Time to File Answer Regarding Complaint 29 is granted. Defendants must answer or otherwise plead to Plaintiff's complaint on or before 8/29/2024. Mailed notice. |
08/16/2024 | NOTICE of Voluntary Dismissal by The Pencil Grip, Inc. WITH PREJUDICE as to DEF. NOs.: 7 Antilogoo; 10 ASMANNA; 20 Bluecurry-Trade; 35 DYNWAVE US; 44 FREKNOW-US; 51 Gifleeyss; 58 HAWOWZ; 114 Shenghongamz; 117 Swovo Shop; 125 vicereine; 126 VINGVO; 127 VNDEFULbag; 145 Yunyue; 146 Yutinyus; 154 zjchao123; 193 Pontous; AND, 197 UNCOBOR ONLY |
08/08/2024 | MOTION by Defendants bestgle, eyech, wolfride online for extension of time to file answer regarding complaint, 1 (UNKNOWN IF OPPOSED) |
08/08/2024 | ATTORNEY Appearance for Defendants eyech, wolfride online, bestgle by Christopher Paul Keleher |
08/06/2024 | NOTICE of Voluntary Dismissal by The Pencil Grip, Inc. with prejudice as to DEF. NOs. 1 Accompany JY; 6 Anniruder; 9 ARESTECH; 11 ATriss; 12 AUTEMOJO; 13 B Breathtaking; 14 babyHUIH; 15 Baiko; 18 BESTOYARD; 19 betty li; 23 Ceiather; 24 Chad Bi; 26 Colored Flag; 32 Dalidasy; 37 Edermurs; 41 Feperig; 43 Fortune Luck; 45 Full of stars.min; 47 Galayestar; 48 Gallegils; 49 Gan Gardner; 52 Giorgruth; 59 Herlloy; 60 Hoirt; 62 HUGUWEDING; 63 ICHOICE; 66 Jagogh Yson; 70 Kelly Mei; 72 Kuiian; 74 lanema; 76 Likuiy; 77 Limicounts; 79 LIuquei; 81 Long Pavilion; 85 Mamapur; 86 Miltonre; 87 Misright; 89 Mumuoo; 91 Nelson Xia; 94 OpenMax; 95 OUNONA Direct; 96 Panyuan001; 101 Pusner lucewin; 103 Radarga; 105 Rianley; 107 Sarah Zou; 111 Sen M; 113 Shannon Wenha; 116 SIETIOJI; 122 TopHomerUS; 123 USA YOUNG; 128 WChiho Q; 132 wesley Hu; 133 Wiisdatek Direct; 136 Wyn White; 138 XISAOK; 144 yunluner; 147 YuZhouShiKuoYeMaoYiYouXianGongSi; 149 yyreach; 152 ZHIZHOU; AND, 156 ZUI-R ONLY |
08/03/2024 | ANSWER to Complaint by Antilogoo, Contnary-US, Gifleeyss, Giyujiaeu-US, VINGVO, Yutinyus, pengheva-US, zjchao123 |
07/30/2024 | MEMORANDUM by Colovis in Opposition to motion for preliminary injunction 18 |
07/30/2024 | ATTORNEY Appearance for Defendant Colovis by Huicheng Zhou |
07/30/2024 | NOTICE of Voluntary Dismissal by The Pencil Grip, Inc. with prejudice as to DEF. Nos. 71 Keppel INC; 131 wellie-store; 171 ABCshop; 174 Cute Staionery; 175 Home Furnishing bag; 176 Hubaok; 178 ii buy; 179 JIFENG; 180 Joy Life Forever; 182 KINGBIRDS; 184 Learning Joy ; 185 LIJINGJING; 186 LIWEI shop; 187 madmad shop ; 189 Miyaa Mall; 190 MORELIKE SHOP ; 191 Mr Xiaoqi; 192 only su; 196 THE stationery shop; AND, 198 Under the cherry blossom tree ONLY |
07/26/2024 | ATTORNEY Appearance for Defendants Antilogoo, Contnary-US, Gifleeyss, Giyujiaeu-US, pengheva-US, VINGVO, Yutinyus, zjchao123 by Jianyin Liu 附件: 1:(Exhibit A-Lis of 8 Defs.) |
07/25/2024 | CERTIFICATE of Service by Rishi Nair on behalf of The Pencil Grip, Inc. regarding text entry, 20 附件: 1:(Exhibit 1, Notice Email) |
07/24/2024 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 18 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith 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 on or before 7/30/2024." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders 11 16 entering and extending the temporary restraining order ("TRO"), the TRO is further 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). Because 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. Mailed notice. |
07/19/2024 | MEMORANDUM by The Pencil Grip, Inc. in support of motion for preliminary injunction 18 附件: 1:Declaration by Rishi Nair 2:Exhibit 1 to Nair Declaration (Unpublished Caselaw) 3:Exhibit 2 to Nair Declaration (Enjoined Defendant List) 4:(Certificate of Service) |
07/19/2024 | MOTION by Plaintiff The Pencil Grip, Inc. for preliminary injunction |
07/18/2024 | SUMMONS Returned Executed by The Pencil Grip, Inc. as to The Partnerships and Unincorporated Associations identified in Schedule A on 7/18/2024, answer due 8/8/2024. |
07/17/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations identified in Schedule A |
07/15/2024 | EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 7/15/2024. Mailed notice. |
07/15/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to extend the temporary restraining order 13 is granted. Enter separate order. Mailed notice. |
07/10/2024 | SURETY BOND in the amount of $ 10,000.00 posted by The Pencil Grip, Inc. (Document not imaged) (Received at the Intake Counter on 7/10/2024) |
07/11/2024 | MOTION by Plaintiff The Pencil Grip, Inc. for temporary restraining order extension |
07/03/2024 | SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 7/3/2024. |
07/03/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 5, motion to exceed page limitation 6, and ex parte motion for a temporary restraining order 7, which includes a request for electronic service of process, are granted in part. Plaintiff's submissions (e.g., Dkt. 9-1 916) 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 for now file under seal the document identified in the motion to seal and appearing at docket entry 2. 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 (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 and infringing goods, 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. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. The disabling of domain names is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. Mailed notice. |
06/11/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
06/11/2024 | MEMORANDUM by The Pencil Grip, Inc. in support of motion for temporary restraining order 7 ex parte as well as asset freeze order, expedited discovery, and other relief pursuant to FRCP 4(f)(3) 附件: 1:Declaration by Asher Provda 2:Exhibit 1 to Provda Declaration (TMs and Official Store Page) 3:Exhibit 2 to Provda Declaration (Infringement Evidence Screenshots Part 1 of 3) 4:Supplement Screenshot Evidence Part 2 of 3 5:Supplement Screenshot Evidence Part 3 of 3 6:Declaration by Rishi Nair 7:(Exhibit 1 to Nair Declaration (Unpublished Caselaw)) |
06/11/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA. |
06/11/2024 | MOTION by Plaintiff The Pencil Grip, Inc. for temporary restraining order ex parte as well as asset freeze order, expedited discovery, and other relief pursuant to FRCP 4(f)(3) |
06/11/2024 | MOTION by Plaintiff The Pencil Grip, Inc. for leave to file excess pages for its Memorandum in support of Plaintiff's Motion for Entry of Ex Parte Temporary Restraining Order and other relief |
06/11/2024 | MOTION by Plaintiff The Pencil Grip, Inc. to seal Exhibit 2 to Plaintiff's Complaint, "Schedule A" Defendant List |
06/10/2024 | 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. |
06/10/2024 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). |
06/10/2024 | ATTORNEY Appearance for Plaintiff The Pencil Grip, Inc. by Rishi Nair |
06/10/2024 | CIVIL Cover Sheet |
06/10/2024 | SEALED DOCUMENT by Plaintiff The Pencil Grip, Inc. Exhibit 2 to Plaintiff's Complaint, Defendant List (Schedule A) |
06/10/2024 | COMPLAINT filed by The Pencil Grip, Inc.; Filing fee $ 405, receipt number AILNDC-22123970. 附件: 1:Exhibit 1, Plaintiff's Trademark Registration 2:Exhibit 2, Schedule A Defendant List (to be filed under seal) 3:Exhibit 3, Common Infringement Evidence (to be filed under seal) 4:(Exhibit 4, Machine Translation of Exhibit 3 (to be filed under seal)) |