最近更新：2024-12-25
2024-cv-08344
| 日期 | 描述 |
|---|---|
| 11/21/2024 | FINAL DEFAULT JUDGMENT ORDER. Signed by the Honorable Sunil R. Harjani on 11/21/2024. Mailed notice |
| 11/21/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Defendant shunfa has not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion [29] 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 and copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established [33] that it provided electronic notice to defendant of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 11/27/2024 is stricken. The Clerk of the Court is directed to return the surety bond posted in the amount of one thousand dollar ($1,000) to Plaintiff or its counsel, TME Law, P.C. Enter separate Final Default Judgment Order. Civil case terminated.Mailed notice |
| 11/14/2024 | CERTIFICATE of Service by Alexander Whang on behalf of Iron Maiden Holdings Limited 附件： 1:Exhibit A |
| 11/13/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [29] for entry of default and default judgment against Defendant shunfa. Defendant shunfa has 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 objection to the motion for entry of default judgment must be filed on or before 11/20/2024. If no objection is 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 11/20/2024. 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 Defendant shunfa within one business day of its entry on the docket and must promptly file proof of that service. A tentative default judgment hearing is set for 11/27/2024 at 9:15 a.m. Telephone status hearing set for 11/21/2024 is stricken. Mailed notice |
| 11/13/2024 | DECLARATION of Martin F. Trainor regarding memorandum in support of motion[30] 附件： 1:Exhibit 1 |
| 11/13/2024 | MEMORANDUM by Iron Maiden Holdings Limited in support of motion for entry of default, motion for default judgment, [29] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 11/13/2024 | MOTION by Plaintiff Iron Maiden Holdings Limited for entry of default, MOTION by Plaintiff Iron Maiden Holdings Limited for default judgment as to shunfa 附件： 1:Exhibit A 2:Exhibit 1 |
| 10/10/2024 | NEW PARTIES: shunfa added to case caption. Terminating The Partnerships And Unincorporated Associations Identified On Schedule A |
| 10/08/2024 | PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sunil R. Harjani on 10/8/2024. Mailed notice |
| 10/08/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction [23] 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 [22, 26] 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 10/9/2024 is stricken. Summons was issued on 9/26/2024, and Defendant's response to the complaint is due by 10/23/2024. Plaintiff should file any motion for entry of default and default judgment by 11/13/2024. If default and default judgment is 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 11/21/2024 at 9:15 a.m. Mailed notice |
| 10/03/2024 | CERTIFICATE of Service by Alexander Whang on behalf of Iron Maiden Holdings Limited 附件： 1:Exhibit A |
| 10/02/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [23] 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 10/7/2024." 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 10/7/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon all remaining 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 10/9/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice |
| 10/02/2024 | MEMORANDUM by Iron Maiden Holdings Limited in support of motion for preliminary injunction[23] 附件： 1:Declaration of Martin F. Trainor 2:Exhibit 1 |
| 10/02/2024 | MOTION by Plaintiff Iron Maiden Holdings Limited for preliminary injunction 附件： 1:Exhibit A 2:Exhibit 1 |
| 10/02/2024 | SUMMONS Returned Executed by Iron Maiden Holdings Limited as to The Partnerships And Unincorporated Associations Identified On Schedule A, on 10/2/2024, answer due 10/23/2024. 附件： 1:Declaration of Alexander Whang 2:Exhibit A |
| 10/02/2024 | SURETY BOND in the amount of $ 1,000.00 posted by Iron Maiden Holdings Limited. (Document not scanned). (jn,) |
| 09/26/2024 | SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A |
| 09/25/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 9/25/2024. Mailed notice |
| 09/25/2024 | 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 [12], and motion for electronic service of process [16] 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 3:45 p.m. on 9/25/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 10/2/2024. Telephone status hearing is set for 10/9/2024 at 9:15 a.m. Mailed notice |
| 09/23/2024 | EXHIBIT by Plaintiff Iron Maiden Holdings Limited Attachment 1 regarding MOTION by Plaintiff Iron Maiden Holdings Limited for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery [12] |
| 09/23/2024 | MEMORANDUM by Iron Maiden Holdings Limited in support of motion for miscellaneous relief[16] 附件： 1:Declaration of Martin F. Trainor 2:Exhibit 1 |
| 09/23/2024 | MOTION by Plaintiff Iron Maiden Holdings Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 09/23/2024 | SEALED EXHIBIT by Plaintiff Iron Maiden Holdings Limited Exhibit 3, Part 1 regarding declaration[14] |
| 09/23/2024 | DECLARATION of Paul Varley regarding memorandum in support of motion[13] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 09/23/2024 | MEMORANDUM by Iron Maiden Holdings Limited in support of motion for miscellaneous relief[12] 附件： 1:Declaration of Martin F. Trainor 2:Exhibit 1 |
| 09/23/2024 | MOTION by Plaintiff Iron Maiden Holdings Limited for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 09/18/2024 | SEALED EXHIBIT by Plaintiff Iron Maiden Holdings Limited Schedule A regarding amended complaint, [10] |
| 09/18/2024 | AMENDED complaint by Iron Maiden Holdings Limited against The Partnerships And Unincorporated Associations Identified On Schedule A 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:Exhibit 6 |
| 09/12/2024 | 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. |
| 09/12/2024 | CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). |
| 09/12/2024 | ATTORNEY Appearance for Plaintiff Iron Maiden Holdings Limited by Sydney Paige Fenton |
| 09/12/2024 | ATTORNEY Appearance for Plaintiff Iron Maiden Holdings Limited by Alexander Whang |
| 09/12/2024 | ATTORNEY Appearance for Plaintiff Iron Maiden Holdings Limited by Martin Francis Trainor |
| 09/12/2024 | Notice of Claims Involving Trademarks by Iron Maiden Holdings Limited |
| 09/12/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Iron Maiden Holdings Limited |
| 09/12/2024 | CIVIL Cover Sheet |
| 09/12/2024 | MOTION by Plaintiff Iron Maiden Holdings Limited for Leave to File Certain Documents Under Seal |
| 09/12/2024 | SEALED EXHIBIT by Plaintiff Iron Maiden Holdings Limited Schedule A regarding complaint[1] |
| 09/12/2024 | COMPLAINT filed by Iron Maiden Holdings Limited ; Filing fee $ 405, receipt number AILNDC-22468456. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 |
