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2024-cv-07675

BBC Studios Distribution LTD v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期:08/26/2024

法院:伊利诺伊州北区法院

品牌:Bluey 布鲁伊

律所:GBC

日期 描述
10/10/2024 NEW PARTIES: Jingdezhen Lecheng Toys Co., Ltd. added to case caption.
10/10/2024 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 43. Summons were executed on 10/1/24 and Defendants' responses to the complaint are due by 10/22/24 39. By 11/12/24, 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.
10/10/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 10/10/2024. Emailed notice.
10/10/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction 36, which the Court now considers unopposed because no Defendant filed a notice of objection by the 10/9/24 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 27 28, 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 39 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 16 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice.
10/02/2024 CERTIFICATE of Service by Plaintiff BBC Studios Distribution Ltd regarding set motion and R&R deadlines/hearings, 40
附件:
1:(Exhibit A)
10/02/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction 36 is taken under advisement. A telephonic motion hearing is set for 10/10/24, at 9:45 AM. Attorneys/parties may appear by dialing: 1-650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. The motion may be considered unopposed as to any Defendant who does not file an objection by 10/9/24 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. No appearance is necessary on 10/8/24. Emailed notice.
10/01/2024 SUMMONS Returned Executed by BBC Studios Distribution Ltd as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/1/2024, answer due 10/22/2024.
附件:
1:Declaration of Quinn B. Guillermo
2:Exhibit A
10/01/2024 NOTICE of Motion by Andrew Daniel Burnham for presentment of motion for preliminary injunction[36] before Honorable LaShonda A. Hunt on 10/8/2024 at 10:00 AM.
附件:
1:Exhibit A
10/01/2024 MEMORANDUM by BBC Studios Distribution Ltd in support of motion for preliminary injunction[36]
附件:
1:Declaration of Andrew D. Burnham
2:Exhibit 1
10/01/2024 MOTION by Plaintiff BBC Studios Distribution Ltd for preliminary injunction
附件:
1:Exhibit A
10/01/2024 ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Quinn Bradley Guillermo
09/13/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 30 is granted. The TRO is extended to 10/1/24 for the reasons stated in the order granting the initial TRO 27 28. No appearance is necessary on 9/17/24. Emailed notice.
09/12/2024 NOTICE of Motion by Andrew Daniel Burnham for presentment of extension of time[30] before Honorable LaShonda A. Hunt on 9/17/2024 at 10:00 AM.
09/12/2024 DECLARATION of Andrew D. Burnham regarding memorandum in support of motion[31]
09/12/2024 MEMORANDUM by BBC Studios Distribution Ltd in support of extension of time[30]
09/12/2024 MOTION by Plaintiff BBC Studios Distribution Ltd for extension of time of Temporary Restraining Order
09/06/2024 BOND in the amount of $1,000.00 check, Receipt number 100010508 posted by BBC Studios Distribution Ltd. (jn,) Modified on 9/6/2024.
09/06/2024 BOND in the amount of $ 1,000.00 check, Receipt number 100010508 posted by BBC Studios Distribution Ltd. (jn,)
09/04/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
09/03/2024 Registry Deposit Information Form by BBC Studios Distribution Ltd
09/03/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 9/3/2024. Emailed notice.
09/03/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery [17] and Plaintiff's Motion for Electronic Service of Process [22] are 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 $1,000 bond is sufficient to secure the injunctive relief. No appearance is necessary on 9/4/24. Enter Sealed Temporary Restraining Order. Emailed notice.
09/03/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal [3] is granted. Schedule A [2] and Exhibit 3 to the Declaration of Diane Hamer [21-1] shall remain under seal pending further order of the Court. Emailed notice.
08/29/2024 NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 22, motion for temporary restraining order 17, motion for leave to file 3 before Honorable LaShonda A. Hunt on 9/4/2024 at 10:00 AM.
08/29/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 23
附件:
1:Exhibit 1
2:(Exhibit 2)
08/29/2024 MEMORANDUM by BBC Studios Distribution Ltd in support of motion for miscellaneous relief 22
08/29/2024 MOTION by Plaintiff BBC Studios Distribution Ltd for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
08/29/2024 SEALED EXHIBIT by Plaintiff BBC Studios Distribution Ltd Exhibit 3 - Part 1 regarding declaration 20
附件:
1:(Exhibit 3-1)
08/29/2024 DECLARATION of Diane Hamer regarding memorandum in support of motion 18
附件:
1:Exhibit 1
2:(Exhibit 2)
08/29/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)
08/29/2024 MEMORANDUM by BBC Studios Distribution Ltd in support of motion for temporary restraining order 17
08/29/2024 MOTION by Plaintiff BBC Studios Distribution Ltd for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
08/29/2024 SEALED EXHIBIT by Plaintiff BBC Studios Distribution Ltd Schedule A regarding amended complaint, 15
08/29/2024 AMENDED complaint by BBC Studios Distribution Ltd 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)
08/27/2024 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.
08/27/2024 CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2).
08/26/2024 MAILED Copyright report to Registrar, Washington DC
08/26/2024 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
08/26/2024 MAILED Trademark report to Patent Trademark Office, Alexandria VA
08/26/2024 MAILED trademark report to Patent Trademark Office, Alexandria VA
08/26/2024 ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Lucas Allen Peterson
08/26/2024 ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Andrew Daniel Burnham
08/26/2024 ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Amy Crout Ziegler
08/26/2024 ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Justin R. Gaudio
08/26/2024 Notice of Claims Involving Trademarks by BBC Studios Distribution Ltd
08/26/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BBC Studios Distribution Ltd
08/26/2024 CIVIL Cover Sheet
08/26/2024 MOTION by Plaintiff BBC Studios Distribution Ltd for leave to file under seal
08/26/2024 SEALED EXHIBIT by Plaintiff BBC Studios Distribution Ltd Schedule A regarding complaint[1]
08/26/2024 COMPLAINT Receipt No. AILNDC-22403405 - Filing Fee $405.00 filed by BBC Studios Distribution Ltd;
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
5:Exhibit 5

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