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2024-cv-07657
| 日期 | 描述 |
|---|---|
| 10/07/2024 | MAILED copyright closing report with certified copy of orders dated 10/04/24 to Registrar, Washington DC. |
| 10/04/2024 | FINAL DEFAULT JUDGMENT ORDER signed by the Honorable Sunil R. Harjani on 10/4/2024. Mailed notice |
| 10/04/2024 | MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 28 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 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 32 that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 10/10/2024 is stricken. The Clerk of the Court is directed to return the surety bond posted in the amount of thirty-six thousand dollar ($36,000) to Plaintiff or Plaintiff's counsel, Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois 60604. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice |
| 09/25/2024 | CERTIFICATE of Service by Plaintiff Mark Gemmell regarding terminate hearings, set/reset hearings, 31 |
| 09/25/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 28 for entry of default and default judgment against all remaining defendants. All remaining defendants have 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 objections to the motion for entry of default judgment must be filed on or before 10/2/2024. 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 10/2/2024. 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 all remaining defendants 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 10/10/2024 at 9:15 a.m. Telephone status hearing set for 10/27/2024 is stricken. Mailed notice |
| 09/25/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] Defendants |
| 09/25/2024 | MEMORANDUM by Mark Gemmell in support of motion for default judgment 28 附件： 1:Exhibit 1 2:Exhibit 2 3:(Declaration of Keith A. Vogt) |
| 09/25/2024 | MOTION by Plaintiff Mark Gemmell for default judgment as to Against the Defendants Identified in First Amended Schedule A |
| 09/11/2024 | NEW PARTIES: MASALA, KunMingTaoFuWangLuoKeJiYouXianGongSi, wuhushiourefushi, LongZongPool frock, WuHanShiXuTuShenShangMaoYouXianGongSi, WU HU, LuLin, YouHao Co.Ltd, TunChangWeiBangXianShangMaoYouXianGongSi, WEI XU, laiyuwen, Lee menswear store, zhouhang and Defendant 28 added to case caption. |
| 09/11/2024 | NEW PARTIES: CuiYihui, BIENMINIA, ZhangYake, Harlee-US, YINGJIANGMY, jinsen2196, xiangyangshixiangchezhuyuanshangmaoyouxiangongsi, dahai1212, Zdxftc-Taylor fans, Gonqtoz Art, foshanshinanhaiqukaiyizhishangmao, ZDQstore, Dmaimy, Erodmakr, WEMILING, liyun1, 319zhizhenshangmao, XieJunJing, DongDongWireless, Wang sea Toys and GUPBOO added to case caption. |
| 09/10/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Telephonic status hearing set for 10/27/2024 is stricken and reset to 10/29/2024 at 9:15 a.m. Dial-in information remains the same. Mailed notice |
| 09/09/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 9/9/2024. Mailed notice |
| 09/09/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 19 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 [21, 23] 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 9/10/2024 is stricken. Summons was issued on 8/29/2024, and Defendants' responses to the complaint are due by 9/24/2024. Plaintiff should file any motion for entry of default and default judgment by 10/15/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 10/27/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 09/03/2024 | MOTION by Plaintiff Mark Gemmell for preliminary injunction |
| 08/29/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 08/27/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 8/27/2024. Mailed notice |
| 08/27/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal 11, motion to exceed page limitation 12, and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 13 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 defendants' unauthorized use of plaintiff's copyrighted works, 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 4:15 p.m. on 8/27/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 9/3/2024. Telephone status hearing is set for 9/10/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 08/27/2024 | MAILED copyright report to Registrar, Washington DC. |
| 08/26/2024 | SEALED EXHIBIT by Plaintiff Mark Gemmell Sealed Exhibit 2, Declaration of Mark Gemmell regarding memorandum in support of motion, 14 附件： 1:(Exhibit 2-1) |
| 08/26/2024 | MEMORANDUM in support of 13 Exparte motion 附件： 1:Declaration of Keith A. Vogt 2:Exhibit 1-4, of of Keith A. Vogt's declaration 3:Declaration of Mark Gemmell 4:(Exhibit 1, of Mark Gemmell's declaration) |
| 08/26/2024 | MOTION by Plaintiff Mark Gemmell for leave to file excess pages |
| 08/26/2024 | MOTION by Plaintiff Mark Gemmell for leave to file under seal |
| 08/26/2024 | 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. |
| 08/26/2024 | CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 3). |
| 08/26/2024 | ATTORNEY Appearance for Plaintiff Mark Gemmell by Yanling Jiang |
| 08/26/2024 | ATTORNEY Appearance for Plaintiff Mark Gemmell by Christopher Romero |
| 08/26/2024 | ATTORNEY Appearance for Plaintiff Mark Gemmell by Monica Rita Martin |
| 08/26/2024 | ATTORNEY Appearance for Plaintiff Mark Gemmell by Cameron Eugene Mcintyre |
| 08/26/2024 | ATTORNEY Appearance for Plaintiff Mark Gemmell by Adam Grodman |
| 08/26/2024 | ATTORNEY Appearance for Plaintiff Mark Gemmell by Yi Bu |
| 08/26/2024 | ATTORNEY Appearance for Plaintiff Mark Gemmell by Keith A. Vogt |
| 08/26/2024 | CIVIL Cover Sheet |
| 08/26/2024 | SEALED DOCUMENT by Plaintiff Mark Gemmell Schedule A to Complaint 1 |
| 08/26/2024 | COMPLAINT filed by Mark Gemmell ; Filing fee $ 405, receipt number AILNDC-22401355. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
