2023-cv-16340 AI分析
08/07/2024
MAILED copyright report with certified copy of minute order dated 5/13/2024 to Registrar, Washington DC. 翻译
附件：
1:(exhibits) (jn,)
2:exhibits
05/13/2024
FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 5/13/2024. Mailed notice. 翻译
05/13/2024
ORDER: Plaintiff's motion seeking a default judgment 29 is granted. Enter Final Judgment Order. Plaintiff's motion 31 for entry of a consent judgment is granted. Enter separate consent judgment. Civil case terminated. Signed by the Honorable John F. Kness on 5/13/2024. Mailed notice. 翻译
04/10/2024
NEW PARTIES: hejinshijingshunmaoyiyouxiangongsi, Diamntrum, shenzhenshiyichenhulianwangyouxiangongsi, Kenaier US Store, zhouhaituntunshangwushop, Alloyseed, Eazkoo, feilong wadaxi, LONTA, BIllowSMEIMIN, XSMEI-ALOHA, HUANGJINDADANGUS, YX GIRL sotre, Qihuo, Jerry Tan, LCKUS, CONSTITUTIONxy, YukawaHao, zhu shuanghua, quanzhoushihaikuwangluokejiyouxiangongsi, zhuzhoushilingwenshangmaoyouxiangongsi123, anqingtaozhishangmaoyouxiangongsi, yizhongshudaleid, KunMingZhaoFeiDianZiShangWuYouXianGongSi, Jaxis Store and linjinyonghaibao added to case caption. 翻译
04/10/2024
CERTIFICATE of Service by Plaintiff Heather Picquelle regarding order on motion for preliminary injunction, order on motion for default judgment, text entry, 32 翻译
04/10/2024
PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 4/10/2024. Mailed notice. 翻译
04/10/2024
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 20 is granted. Enter separate preliminary injunction order. Plaintiff's filings establish that Plaintiff 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 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 Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the docket within five business days. The Clerk is directed to unseal any and all previously-sealed documents. Also before the Court is Plaintiff's motion 29 for entry of default and default judgment against all Defendants. All remaining Defendants, with the exception of Defendants "WENY Store" and "newhero," have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Except as to Defendants "WENY Store" and "newhero," any objections to the motion for entry of default judgment must be filed on or before 4/15/2024. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within two business days of its entry on the docket and must file proof of service within three business of service being effected. Plaintiff's motion for default judgment is otherwise entered and continued pending resolution of the claims against Defendants "WENY Store" and "newhero." See Fed. R. Civ. P. 54(b). Mailed notice. 翻译
04/04/2024
MEMORANDUM by Heather Picquelle in support of motion for default judgment 29 翻译
附件：
1:(Declaration of Keith A. Vogt)
2:Exhibit 2
3:Exhibit 1
04/04/2024
MOTION by Plaintiff Heather Picquelle for default judgment as to The Defendants Identified In First Amended Schedule A 翻译
04/02/2024
MINUTE entry before the Honorable John F. Kness: Defendant newhero's Unopposed motion for extension of time 26 is granted. Defendant newhero must answer or otherwise plead to Plaintiff's complaint on or before 4/29/2024. Mailed notice. 翻译
04/02/2024
MINUTE entry before the Honorable John F. Kness: Defendant WENY Store's Unopposed motion for extension of time to respond to the complaint 24 is granted. Defendant WENY Store must answer or otherwise plead to Plaintiff's complaint on or before 4/19/2024. Mailed notice. 翻译
03/29/2024
MOTION by Defendant newhero for extension of time to file answer regarding complaint 1 翻译
03/29/2024
MOTION by Defendant WENY Store for extension of time to file answer regarding complaint 1 Unopposed Motion for Extension of Time to Answer Complaint 翻译
03/08/2024
SUMMONS Returned Executed by Heather Picquelle as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/8/2024, answer due 3/29/2024. 翻译
附件：
1:(Declaration of Service, Keith A. Vogt)
03/08/2024
MEMORANDUM by Heather Picquelle in support of motion for preliminary injunction 20 翻译
附件：
1:(Exhibit 1, Declaration of Keith Vogt)
2:Declaration of Keith A. Vogt
03/07/2024
SURETY BOND in the amount of $ 10,000 posted by Heather Picquelle (Document not scanned.) 翻译
03/05/2024
SUMMONS Issued as to hejinshijingshunmaoyiyouxiangongsi and all other Defendants identified in the Complaint (jcc,) 翻译
03/04/2024
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 10, motion for leave to file excess pages 11, and ex parte motion for a temporary restraining order and other relief 12 are granted in part. Plaintiff's submissions (e.g., Dkt. 13) 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 documents identified in the motion to seal and appearing at docket entries 2, 12, and 14. 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 she 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 infringing versions of Plaintiff's copyrighted works 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 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. 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. 翻译
12/28/2023
ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. 翻译
12/01/2023
SEALED EXHIBIT by Plaintiff Heather Picquelle Sealed Exhibit 2, Declaration of Heather Picquelle regarding memorandum in support of motion, 13 翻译
附件：
1:(Exhibit 2-2)
2:Exhibit 2-1
12/01/2023
MEMORANDUM in support of 12 Exparte motion 翻译
附件：
1:(Exhibit 1, of Heather Picquelle's declaration)
2:Declaration of Heather Picquelle
3:Exhibit 1-4, of Keith A. Vogt's declaration
4:Declaration of Keith A. Vogt
11/29/2023
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. 翻译
11/29/2023
CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 3). 翻译
11/29/2023
COMPLAINT filed by Heather Picquelle; Filing fee $ 402, receipt number AILNDC-21372334. 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)
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