2020-cv-06303 AI分析
10/14/2021
MINUTE entry before the Honorable John F. Kness: Defendant's Motion to withdraw its motion to dismiss [110] is granted. Accordingly, Defendant's Motion to dismiss [106] is voluntarily withdrawn. Mailed notice 翻译
09/24/2021
MINUTE entry before the Honorable John F. Kness: The Court sets the following briefing schedule on Defendants' motion to dismiss [106]: Plaintiff must respond on or before 10/8/2021 and Defendants must reply on or before 10/15/2021. Within one week of filing, each side must provide two paper courtesy copies of their respective briefs to chambers via U.S. Mail or reliable commercial delivery service. Mailed notice 翻译
04/01/2021
MAILED Trademark report to Patent Trademark Office, Alexandria VA. 翻译
附件：
1:Closing Order dated 3/31/2021
03/31/2021
FINAL JUDGMENT ORDER: It is hereby ordered that judgment is entered in favor of Plaintiff EMOJI COMPANY GmbH and against all defendants identified in the attached First Amended Schedule A who have not otherwise been dismissed from this action. The ten thousand-dollar ($10,000) surety bond posted by Plaintiff, including any interest minus the registry fee, is hereby released to Plaintiff or its counsel, Hughes Socol Piers Resnick & Dym, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Plaintiff or its counsel. Signed by the Honorable John F. Kness on 3/31/2021. Mailed notice. 翻译
03/31/2021
ORDER: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 81 is granted. Because Defendants directly target their business activities toward consumers in the United States, including Illinois, this Court has personal jurisdiction over the Defendants. Am. Bridal & Prom Indus. Ass'n v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 192 F. Supp. 3d 924, 934 (N.D. Ill. 2016). Plaintiff has presented screenshot evidence that each Defendant Internet Store is reaching out to do business with Illinois residents by operating one or more commercial, interactive Internet Stores through which Illinois residents can and do purchase products using counterfeit versions of Plaintiff's Trademark. See, e.g., Dkt. 10-14. In addition, 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 is warranted. The infringement of Plaintiff's marks 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 not sought 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 $100,000 is an appropriate award of statutory damages. Enter Final Judgment Order. All pending motions are dismissed as moot. Civil case terminated. Signed by the Honorable John F. Kness on 3/31/2021. Mailed notice. 翻译
03/25/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
03/25/2021
MINUTE entry before the Honorable John F. Kness: Counsel for Plaintiff has sent an email to the courtroom deputy concerning the status of Plaintiff's pending motions for a preliminary injunction as well as for entry of a default judgment. Plaintiff is directed to file, on or before 3/30/2021, a status report explaining whether any defendants who have appeared in this action remain defendants (many defendants have been dismissed), as well as whether the preliminary injunction motion is still live given the pending motion for default judgment. If any non-defaulted defendants remain in the case, Plaintiff must explain why, under FRCP 54(b), there is no just reason to delay entry of final judgment as to one or more, but fewer than all, claims or parties. Mailed notice 翻译
03/24/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
03/23/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
03/19/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
03/18/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
03/17/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
03/15/2021
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 81 for entry of default and default judgment against all Defendants. All remaining defendants 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. Any objections to the motion for entry of default judgment must be filed on or before 3/22/2021. 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 forthwith. Mailed notice 翻译
03/12/2021
DECLARATION of Michael A. Hierl regarding motion for default judgment 81 翻译
附件：
1:Exhibit Hierl Exhibit 1
03/12/2021
MEMORANDUM by Emoji Company GmbH in support of motion for default judgment 81 翻译
附件：
1:Exhibit 2
2:Exhibit 1
03/12/2021
MOTION by Plaintiff Emoji Company GmbH for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A 翻译
03/12/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
03/10/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
03/05/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
03/04/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
02/25/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
02/24/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
02/23/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
02/23/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
02/19/2021
RESPONSE by DPBEST, ONELUCAin Opposition to MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction 24 翻译
02/16/2021
MINUTE entry before the Honorable John F. Kness: Plaintiff has voluntarily dismissed 65 Defendant Boshuo with prejudice. Accordingly, the motion to dismiss 36 of Defendant Boshuo is dismissed as moot. Also before the Court is Plaintiff's motion 24 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining 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 2/19/2021. Mailed notice 翻译
02/15/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
02/12/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
02/09/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
02/05/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
02/02/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
01/27/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
01/26/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
01/26/2021
MINUTE entry before the Honorable John F. Kness: Defendants' motion to withdraw its motion to enforce 57 is granted. Defendants' motion to enforce 54 is stricken as moot. Mailed notice 翻译
01/26/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
01/25/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
01/22/2021
MOTION by Defendants DECORA, DERAYEE, DIYASY to withdraw motion to enforce 54 Settlement Between Plaintiff and Defendants 翻译
01/22/2021
ATTORNEY Appearance for Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto by Shengmao Mu 翻译
01/22/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
01/22/2021
MOTION by Defendants DECORA, DERAYEE, DIYASY to enforce the agreed settlement between Plaintiff and Defendants 翻译
附件：
1:Exhibit 1
01/21/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
01/20/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
01/20/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
01/13/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
01/12/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
01/11/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
01/07/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
01/06/2021
NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal 翻译
12/29/2020
SURETY BOND in the amount of $ 10,000.00 posted by Emoji Company GmbH (Document not scanned). 翻译
01/05/2021
MINUTE entry before the Honorable John F. Kness: By agreement of the parties, Plaintiff has until January 27, 2021, to file its opposition to Defendant's motion to dismiss, (R. 36). Defendant then has until February 10, 2021, to file its reply thereto. Mailed notice (ma,) 翻译
01/03/2021
MINUTE entry before the Honorable John F. Kness: In light of the Notice of Withdrawal of Defendants Derayee, Diyasy and Decora's opposition to Plaintiff's motion for entry of a preliminary injunction, (R. 38), docket entry No. 35 is hereby stricken. Mailed notice (ma,) 翻译
01/02/2021
MINUTE entry before the Honorable John F. Kness: Defendant Boshuo's motion to dismiss is entered and continued. Defendant has not, as required by the Court's motions policy (available on the Court's webpage), stated whether the motion is opposed. Assuming that it is opposed, the Court's motions policy requires the parties to confer on a briefing schedule. On or before 1/8/2021, Defendant must confer with Plaintiff and then inform the Court whether the motion is opposed and, if so, propose a briefing schedule on the motion. Mailed notice (ma,) 翻译
12/22/2020
MOTION by Defendants DECORA, DERAYEE, DIYASY to withdraw response in opposition to motion 35 for entry of a preliminary injunction 翻译
12/22/2020
MEMORANDUM by Boshuo in support of motion to dismiss/lack of jurisdiction 36 and improper service and opposition to Plaintiff's motion for entry of a preliminary injunction 翻译
12/21/2020
RESPONSE by Boshuo, DECORA, DERAYEE, DIYASY in Opposition to MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction 24 翻译
12/18/2020
ATTORNEY Appearance for Defendants Boshuo, DECORA, DERAYEE, DIYASY by Andrew Jonathan Palmer Palmer, Andrew 翻译
12/15/2020
SUMMONS Returned Executed by Emoji Company GmbH as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 12/15/2020, answer due 1/5/2021. 翻译
12/14/2020
SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto 翻译
12/09/2020
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 24 for entry of a preliminary injunction. Although the memorandum of law 25 Plaintiff has submitted in support of its current motion refers to the electronic service of process the Court authorized previously 18 19, neither the memorandum nor the Declaration submitted by Plaintiff 26 establish that the authorized actions relating to service have in fact been taken. More pertinently, Plaintiff has not filed the proof of service required under Rule 4(l) of the Federal Rules of Civil Procedure. Without certification that Plaintiff has provided electronic notice to defendants of the pendency either of this action or the motion for a preliminary injunction, the Court is unwilling to grant further preliminary injunctive relief. Accordingly, the motion for entry of a preliminary injunction is entered and continued. If and when Plaintiff provides proof of service, as is commonly done in similar "Schedule A" counterfeiting cases before the filing of a motion seeking a preliminary injunction, the Court will act promptly on Plaintiff's pending motion. Mailed notice 翻译
12/04/2020
MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction 翻译
11/23/2020
EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 11/23/2020. Mailed notice 翻译
11/23/2020
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for an extension of the existing temporary restraining order 20 is granted. Enter order. Mailed notice 翻译
11/20/2020
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 20 for an extension of the existing temporary restraining order. Counsel for Plaintiff is again requested to submit (Cf. 20-cv-05306, Dkt. 24) a proposed order for the Court's consideration at proposed_order_kness@ilnd.uscourts.gov. Any proposed order should heed the requirement of FRCP 65(b)(2) that the reasons for any extension of a TRO be entered in the record. Mailed notice 翻译
11/18/2020
MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 翻译
11/10/2020
SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 11/10/2020. Mailed notice 翻译
11/10/2020
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 5, motion for leave to exceed the page limitation on briefs 7, and ex parte motion for a temporary restraining order, electronic service of process, and other relief 8 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 for now file under seal the documents identified in the motion to seal and appearing at docket entries 6 and 10 through 14. In addition, for the purpose of these motions, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. 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 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 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 other judges in this District have noted, there may be reason to question both the propriety of the joinder of 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. A domain name transfer 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 revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice 翻译
10/23/2020
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John F. Kness for all further proceedings pursuant to IOP 13(f). Honorable Mary M. Rowland no longer assigned to the case. Signed by Executive Committee on 10/23/2020. 翻译
10/23/2020
SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 5 of Reiter Declaration 翻译
10/23/2020
SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 4 of Reiter Declaration 翻译
10/23/2020
SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 3 of Reiter Declaration 翻译
10/23/2020
SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 2 of Reiter Declaration 翻译
10/23/2020
SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 1 of Reiter Declaration 翻译
10/23/2020
MEMORANDUM by Emoji Company GmbH in support of motion for temporary restraining order, 8 翻译
附件：
1:Declaration Santiago Declaration
2:Exhibit 1
3:Declaration Reiter Declaration
4:Declaration Hierl Declaration
5:Exhibit Hierl Exhibit 1
6:Exhibit Hierl Exhibit 2
7:Exhibit Hierl Exhibit 3
10/23/2020
MOTION by Plaintiff Emoji Company GmbH for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication 翻译
10/23/2020
MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation 翻译
10/23/2020
CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. 翻译
10/23/2020
MOTION by Plaintiff Emoji Company GmbH to seal document Plaintiff's Motion for Leave to File Under Seal 翻译
10/23/2020
COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 400, receipt number 0752-17573344. 翻译
附件：
1:Exhibit 1
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