2021-cv-05474 AI分析
06/10/2022
FULL SATISFACTION of Judgment regarding order 73 in the amount of $100,000 as to certain defendant 翻译
05/27/2022
FULL SATISFACTION of Judgment regarding order 73 in the amount of $100,000 as to certain defendant 翻译
05/11/2022
MAILED original ten-thousand-dollar ($10,000) surety bond posted by Advance Magazine Publishers Inc., Justin Gaudio of Greer, Burns & Crain, Ltd. 300 South Wacker Drive, Suite 2500, Chicago IL. 60606 via certified mail # 7021 1970 0001 3330 2483. 翻译
05/11/2022
MAILED trademark report with certified copy of order dated 5/9/2022 to Patent Trademark Office, Alexandria VA 翻译
05/09/2022
MINUTE entry before the Honorable John F. Kness: The ten-thousand-dollar ($10,000) surety bond posted by Advance Magazine Publishers Inc. is hereby released to Advance Magazine Publishers Inc. or its counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Advance Magazine Publishers Inc. or its counsel, Justin R. Gaudio, Greer Burns & Crain Ltd, 300 South Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail. Mailed notice 翻译
05/09/2022
ORDER signed by the Honorable John F. Kness on 5/9/2022. Enter Final Judgment Order. Civil case terminated. Mailed notice 翻译
04/18/2022
CERTIFICATE of Service by Plaintiff Advance Magazine Publishers Inc. regarding terminate deadlines and hearings, set motion and R&R deadlines/hearings, 70 翻译
附件：
1:(Exhibit A)
04/18/2022
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 67 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, 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 4/27/2022. 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. Mailed notice 翻译
04/14/2022
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[68] 翻译
附件：
1:Exhibit 1
04/14/2022
MEMORANDUM by Advance Magazine Publishers Inc. in support of motion for entry of default, motion for default judgment, [67] 翻译
附件：
1:Exhibit 1
04/14/2022
MOTION by Plaintiff Advance Magazine Publishers Inc. for entry of default as to all Defendants, MOTION by Plaintiff Advance Magazine Publishers Inc. for default judgment as to all Defendants 翻译
附件：
1:Exhibit A
04/14/2022
NOTICE of Voluntary Dismissal by Advance Magazine Publishers Inc. as to a Certain Defendant 翻译
04/11/2022
MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a notice of voluntary dismissal [64] as to Defendant Xiamyho (Defendant 68) and Defendant YELAIVP (Defendant 141). Because the notice of dismissal was filed before those two opposing parties served either an answer or a motion for summary judgment, the case is dismissed with prejudice as to Defendant Xiamyho (Defendant 68) and Defendant YELAIVP (Defendant 141), consistent with the terms of the stipulation and by operation of Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). Defendant YELAIVP's motion [42] to dismiss and to vacate the preliminary injunction order, and Plaintiff's motion [46] to stay, are dismissed as moot. The hearing set for 4/22/2022 is stricken. As for the remaining Defendants, answers were due on 1/5/2022 (Dkt. 35), but the docket reflects no responses to the complaint. Any motion by Plaintiff for entry of default must be filed on or before 4/15/2022. Mailed notice 翻译
04/08/2022
NOTICE of Voluntary Dismissal by Advance Magazine Publishers Inc. as to certain defendants 翻译
03/25/2022
MINUTE entry before the Honorable John F. Kness: To offer Defendant YELAIVP an opportunity to reply to Plaintiff's supplemental response [58], the status hearing set for 03/30/2022 is stricken and reset to 4/22/2022 at 09:40 AM. Parties shall use the same call in information [48]. Defendant may, on or before 4/8/2022, file a reply to Plaintiff's response [58]. Mailed notice 翻译
03/21/2022
TRANSCRIPT OF PROCEEDINGS held on 2/28/22 before the Honorable John F. Kness. Order Number: 42733. Court Reporter Contact Information: Nancy LaBella, nlabella.ilnd@gmail.com, 312-435-6890. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/11/2022. Redacted Transcript Deadline set for 4/21/2022. Release of Transcript Restriction set for 6/20/2022. 翻译
03/18/2022
MINUTE entry before the Honorable John F. Kness: Motion by counsel to withdraw as attorney [60] is granted. Attorney Abby Marie Neu is withdrawn as counsel of record. Mailed notice 翻译
03/17/2022
MOTION by Attorney Abby M. Neu to withdraw as attorney for Advance Magazine Publishers Inc. No party information provided 翻译
03/10/2022
ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Jake Michael Christensen 翻译
02/28/2022
MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 2/28/2022. Counsel for Plaintiff and Defendant YELAIVP appeared. For the reasons stated on the record, this case is stayed as to Defendant YELAIVP. The pending motions [42] [46] are entered and continued. Plaintiff's supplemental response on the objection to the amount of assets that have been restrained must be filed on or before 3/7/2022. A continued status hearing is set for 3/30/2022 at 10:20 AM. Call-in information to remain the same [48]. Mailed notice 翻译
02/28/2022
MINUTE entry before the Honorable John F. Kness: Motion by counsel to withdraw as attorney [54] is granted. Attorney Martin Francis Trainor is withdrawn as counsel of record. Mailed notice 翻译
02/28/2022
ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Allyson M. Martin 翻译
02/25/2022
MOTION by Attorney Martin F. Trainor to withdraw as attorney for Advance Magazine Publishers Inc. No party information provided 翻译
02/25/2022
NOTICE of Voluntary Dismissal by Advance Magazine Publishers Inc. as to certain defendant 翻译
02/14/2022
MINUTE entry before the Honorable John F. Kness: Due to a change in the Court's schedule, the motion hearing set for 2/25/2022 is stricken and reset to 2/28/2022 at 10:20 AM. Call-in information to remain the same [48]. Mailed notice 翻译
02/08/2022
ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Martin Francis Trainor 翻译
02/03/2022
NEW PARTIES: Pangximaou, WuHanYiJingHeJianKangGuanLiYouXianGongSi, MINEMIN, xiangchengshilianweiwangluokejiyouxiangongsi, guojinchao630, kakadiy, Xshaonian, zhangchuanqqi, HengYueJiaJu, xiaohua550, qinyuxilM, fanghuameironggongzuoshi, Home Dcr, Ceng Lan feng Art, SYCHJ, xbdesigins, Deli Mall, foreverhappyever, A29SVWABGGCE74, BOCAICHUANMEI, yueyangxiandinggubaihuodian, xianyouxianbangtouzhengxiuyubuyishanghang, linyingxianwuhangshangmao, FCOZM, jiuyuanshangmao11, JINGXXHONG, damaogongsi, Sea of origin, LiuHongJundianpu, Carash, ShuiHongJiaJu, HNTHBZ, SuZhouRuiZhaoJinShuZhiPinYouXianGongSi, HUSUMEI, LSdedian, High-quality canvas art, xianyouxianbaixiongmaoyi, LIUZHANQUN, Runamone Store, raoaiqiong1992, XMBEIXR, KDHASLDNF, chengdongsheng_iusojao0wwpp, zhoukoujiongmaoshangmao, Tt art shop, jingqiyouhua, xieqingying, dafanfan, IHXstore, SHANGWEI, mixinshangmao, iXiFeiLinShangMaoYouXianGongSi, Rainyakeji, YUJIEDIAN, lingshanshanghang, sheqiufuzhuanggongzuoshi, Joseph Mata, chengdusuqiansimaoyiyouxiangongsi, whjdedian, huayafengxiaoguaiguai, Xiamyho, xiaobingaozahuopu, huangweilinshanghang, haikouyanhuidan, chengdujialufengshangmaoyouxiangongsi, henglujiantoy, CHEN XUAN1, ZMUUA DECORATION, dajunjun, kaifengjingcanshangmaoyouxiangongsi, MTL US, LQD, zzssdiy, CURRY PI, JIANFYHUA, Stay Magical, zhengyanru, fueofdnsak, yanliyan, YI NI SPORTS LIMITED, yueyangmaoyiyouxianzerengongsi, guodinghuadedian, A35XASWSFDMPW4, shuangpaiyingweibaihuodian, wangzanmingdian., xuchaohuidedian, youweichaomaidehao, jinchishop, Home Decoration Poster, ZWZFDPFFF, Nian Huan, caijingjingdedian, frdssf, X87817, jinmingdian, baofengxianyangzhuangzhenzhuomeiriyongpindian, chichifangshop, wutouchuanchuanxiang, li na you hua dian, Zhigang Oil Painting Shop, lutiegongyinglian (shandong) jituanyouxiangongsi, qupowangluo, LLY Wall Art, zhangtingtingshop, shuoxuanshangmao, Room posterar twork, fghtrfx, lansuriyongbaihuo, TMTYKHCY-Art, YZTinSign, longyun00, dijingbaihuobianlidian, zhoukoushichuanhuiqudayanxiepu, hGYTYUAS, daojia1, qingdiy, liuxingdedian, SWKSS Case, tzdedian, ZCHXXAO, XinLuoQuXianJuChaZhuang, Marilyn Monroee, HaoTianShangMao, baiyangriyongbaihuodian, BangTouZhenTengFeiGongYiPinDian, jingdiy, Love decoration poster, Jocelyn shop, haihong92, River District lingpan, Maemukilabe, ZiBinMuYeaa, GUOQIANGDIAN, bingzhangdian, zhaohongcirizadian, XIAO MAN SHANG MAO, ziwanshangmaoyouxiangongsi, Darlingyu, Decoration of Promotional Posters, OuFan, YouLinLinWallYiShu, chenyededianpu, Zhou Yu ping Art, Beautiful Decoration Poster, hanxuediy, yiwenjiamaoyi, pingdingshanxingningwangluokejiyouxiangongsi, henanshengkuailaikanshangmaoyouxiangongsi, XIAXINMAOYI, QingDaoXiaoKangGuoJiMaoYiYouXianGongSi, xianyouxianlinanpuxiandiandongchepeijianpifadian, Global butik 1, meilunmeihua, jiyikang, Experto En Arte, YUHANGOLK, Dm Hai, Big Soldier Store and love pingping added to case caption. 翻译
02/01/2022
PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 2/1/2022. Mailed notice 翻译
02/01/2022
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [32] is granted as to all remaining Defendants who have not otherwise been dismissed (Defendant YELAIVP is addressed at the end of this 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 [37] 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, despite the Court having provided [36] the opportunity to do so, no Defendant objected to the motion for a preliminary injunction by the 12/31/2021 deadline set by the Court. 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 requested to unseal any previously-sealed documents. Finally, Defendant YELAIVP has moved [42] to vacate the preliminary injunction (presumably YELAIVP was referring to the extended TRO [30] [36]) and to dismiss for lack of personal jurisdiction, on the basis that YELAIVP did not sell any products destined for delivery to this District. Plaintiff disagrees and has moved [46] to conduct jurisdictional discovery relating to YELAIVP's motion to dismiss. Because YELAIVP did not object to the preliminary injunction motion by the deadline, the Court applies today's order imposing a preliminary injunction equally to YELAIVP. But the Court will adjudicate the pending motion by YELAIVP and Plaintiff in short order. To that end, any reply brief by Plaintiff in support of its motion to conduct jurisdictional discovery must be submitted on or before 2/7/2022. Briefing on YELAIVP's motion to dismiss is held in abeyance until further order. A hearing on the pending motion is set for 2/25/2022 at 10:20 AM. The parties are to use the following call-in number: 888-684-8852, access code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice 翻译
01/30/2022
RESPONSE by YELAIVPin Opposition to MOTION by Plaintiff Advance Magazine Publishers Inc. to stay regarding MOTION by Defendant YELAIVPMOTION TO VACATE THE PRELIMINARY INJUNCTION ORDER AND TO DISMISS FOR LACK OF PERSONAL JURISDICTION UNDER FRCP 12(B)(2) [42] [46] 翻译
01/27/2022
MOTION by Plaintiff Advance Magazine Publishers Inc. to stay regarding MOTION by Defendant YELAIVPMOTION TO VACATE THE PRELIMINARY INJUNCTION ORDER AND TO DISMISS FOR LACK OF PERSONAL JURISDICTION UNDER FRCP 12(B)(2) [42] 翻译
附件：
1:Exhibit 1
2:Exhibit 2
01/20/2022
MINUTE entry before the Honorable John F. Kness: The attorney appearance for Defendant YELAVIP [38] was filed with an incorrect case caption. Accordingly, Defendant's motion to strike attorney appearance [44] is granted. Mailed notice 翻译
01/19/2022
NOTICE by YELAIVP re MOTION by Defendant YELAIVPMOTION TO VACATE THE PRELIMINARY INJUNCTION ORDER AND TO DISMISS FOR LACK OF PERSONAL JURISDICTION UNDER FRCP 12(B)(2) [42] 翻译
01/19/2022
MOTION by Defendant YELAIVPMOTION TO VACATE THE PRELIMINARY INJUNCTION ORDER AND TO DISMISS FOR LACK OF PERSONAL JURISDICTION UNDER FRCP 12(B)(2) 翻译
附件：
1:Declaration operator's declaration
01/14/2022
NOTICE of Voluntary Dismissal by Advance Magazine Publishers Inc. as to certain defendants 翻译
01/14/2022
NOTICE of Voluntary Dismissal by Advance Magazine Publishers Inc. as to certain defendants 翻译
12/22/2021
CERTIFICATE of Service by Plaintiff Advance Magazine Publishers Inc. regarding order on motion for preliminary injunction, terminate deadlines and hearings, 36 翻译
附件：
1:Exhibit 1
12/22/2021
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 32 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, 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 on or before 12/31/21." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders entering and extending the TRO, as well as in Plaintiff's earlier motion 25 26 to extend the TRO, the TRO is further extended to and including the date on which 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 FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice 翻译
12/15/2021
SUMMONS Returned Executed by Advance Magazine Publishers Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 12/15/2021, answer due 1/5/2022. 翻译
附件：
1:Declaration of Marcella D. Slay
12/15/2021
NOTICE by Advance Magazine Publishers Inc. re MOTION by Plaintiff Advance Magazine Publishers Inc. for preliminary injunction 32 翻译
12/15/2021
MEMORANDUM by Advance Magazine Publishers Inc. in support of motion for preliminary injunction 32 翻译
附件：
1:Declaration of Abby M. Neu
2:Exhibit 1
12/14/2021
ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Marcella Deshonda Slay 翻译
12/07/2021
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" 翻译
12/07/2021
EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 12/7/2021. Mailed notice 翻译
12/07/2021
MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to extend the temporary restraining order 25 is granted. Enter separate order. Mailed notice 翻译
12/06/2021
NOTICE of Voluntary Dismissal by Advance Magazine Publishers Inc. as to a certain defendant 翻译
12/01/2021
SURETY BOND in the amount of $ 10,000.00 posted by Advance Magazine Publishers Inc. (Document not scanned) 翻译
12/01/2021
MEMORANDUM by Advance Magazine Publishers Inc. in support of extension of time 25 翻译
附件：
1:Declaration of Justin R. Gaudio
12/01/2021
MOTION by Plaintiff Advance Magazine Publishers Inc. for extension of time of Temporary Restraining Order 翻译
11/22/2021
SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 11/22/2021. Mailed notice. 翻译
11/22/2021
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 3, ex parte motion for a temporary restraining order and other relief 11, and motion for electronic service of process 16 are granted in part. Plaintiff's submissions (including the Declaration of Eric Gisolfi 14, paragraphs 25-30, and the Declaration of Justin R. Gaudio 13, paragraphs 5-11) 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 and 15. 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 an equitable accounting. 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 the 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 products using infringing and counterfeit versions of Plaintiff's trademarks 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 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 this Court and others 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. 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. Mailed notice 翻译
10/19/2021
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Advance Magazine Publishers Inc. 翻译
10/19/2021
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17 翻译
附件：
1:Exhibit 1
2:Exhibit 2
10/19/2021
MEMORANDUM by Advance Magazine Publishers Inc. in support of motion for miscellaneous relief 16 翻译
10/19/2021
MOTION by Plaintiff Advance Magazine Publishers Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译
10/19/2021
SEALED EXHIBIT by Plaintiff Advance Magazine Publishers Inc. Exhibit 4 - Parts 1-3 regarding declaration 14 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
10/19/2021
DECLARATION of Eric Gisolfi regarding memorandum in support of motion 12 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
10/19/2021
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
10/19/2021
MEMORANDUM by Advance Magazine Publishers Inc. in support of motion for temporary restraining order 11 翻译
10/19/2021
MOTION by Plaintiff Advance Magazine Publishers Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 翻译
10/14/2021
CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. 翻译
10/14/2021
ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by RiKaleigh C. Johnson 翻译
10/14/2021
ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Amy Crout Ziegler 翻译
10/14/2021
ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Justin R. Gaudio 翻译
10/14/2021
SEALED EXHIBIT by Plaintiff Advance Magazine Publishers Inc. Schedule A regarding complaint[1] 翻译
10/14/2021
COMPLAINT filed by Advance Magazine Publishers Inc.; Filing fee $ 402, receipt number 0752-18769699. 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
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