2021-cv-01352 AI分析
12/27/2022
CITATION to Discover Assets issued as to EBAY Inc. and ContextLogic, Inc. (All Third Party) (No Notices Filed). 翻译
06/15/2021
ORDER. Signed by the Honorable Manish S. Shah on 6/15/2021: Pursuant to the joint stipulation of dismissal [50], all defendants are resolved. Civil case terminated. The bond posted by Plaintiff in the amount of $10,000.00 is hereby ordered released by the Clerk to Plaintiff or Plaintiff's counsel. Notices mailed. 翻译
05/27/2021
STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant No. [14] beautylife20 翻译
05/27/2021
STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant No. [56] oripack 翻译
04/30/2021
DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 4/30/2021. Notices mailed. 翻译
04/30/2021
MINUTE entry before the Honorable Manish S. Shah: No defendant subject to plaintiff's motion for entry of default judgment has filed an appearance or objected to the motion. The motion [27] is granted. Based on the evidence submitted in support of the temporary restraining order 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 irreparably harms plaintiff and confuses the public. The infringement was willful and statutory damages are awarded. After considering the nature of the infringement (word marks that often are only indirectly infringed), the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants, the value of the 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. Enter Default Judgment Order. The court's preliminary injunction remains in place as to defendants who have entered appearances, and the court will not release the bond securing the injunction until the case is resolved. Plaintiff shall file a status report with respect to the remaining defendants by 5/27/21. Notices mailed. 翻译
04/28/2021
MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time [38] is granted. Defendant oripack has until 5/27/21 to respond to the complaint. Notices mailed. 翻译
04/27/2021
OBJECTIONS by oripack to MOTION by Plaintiff CamelBak Products, LLC for default judgment as to The Defendants Identified In The First Amended Schedule A[27] 翻译
04/26/2021
MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time [32] is granted. Defendants qpseller88, bellamout03, kidsdayss-06, surpriseonline022, goodyeah2017, yesfor2013, 1haodian2013, superpioneer-01, sunnyshop06, simitter02, xdeal2013, 4seasonstores, 15oceaneshop, kingtop2017, maxaworld-10, eomdkql, and Onecity&Onelove have until 5/11/21 to respond to the complaint. Notices mailed. 翻译
04/25/2021
MOTION by Defendants 15oceaneshop, 1haodian2013, 4seasonstores, Onecity&Onelove, bellamout03, eomdkql, goodyeah2017, kidsdayss-06, kingtop2017, maxaworld-10, qpseller88, simitter02, sunnyshop06, superpioneer-01, surpriseonline022, xdeal2013, yesfor2013 for extension of time Unopposed 翻译
04/20/2021
ATTORNEY Appearance for Defendants 15oceaneshop, 1haodian2013, 4seasonstores, Onecity&Onelove, bellamout03, eomdkql, goodyeah2017, kidsdayss-06, kingtop2017, maxaworld-10, qpseller88, simitter02, sunnyshop06, superpioneer-01, surpriseonline022, xdeal2013, yesfor2013, yujy by Adam Edward Urbanczyk 翻译
04/20/2021
MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for entry of default judgment must be properly filed by 4/27/21. If no objections are filed, the motion will be considered unopposed. Notices mailed. 翻译
04/19/2021
MEMORANDUM by CamelBak Products, LLC in support of motion for default judgment 27 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Declaration of Keith A. Vogt
04/19/2021
MOTION by Plaintiff CamelBak Products, LLC for default judgment as to The Defendants Identified In The First Amended Schedule A 翻译
04/13/2021
BOND on Injunction in the amount of $ 10,000.00 posted by CamelBak Products, LLC. (Document not imaged) 翻译
04/05/2021
NEW PARTIES: sunnyshop06, super_deals_terminal, superpioneer-01, surpriseonline022, theperfectdeal715, tom2_25, toptobetter, trendydailyworld521, vintage1893, xdeal2013, xiaomiming2014-1, yesfor2013, yj410ap, youlian-store2018, BinBing Fashion, Bosster2018, eomdkql, FreeHZstyle, Funnier Fashion, Haochengcheng66033, Huangmengxin1998, kristen Lee, liaobo, Mr.Tom, naslosdffaid, Onecity&Onelove, polte667, ShangShuFang, weimingzhao, wuzhongxiu, YoudenglianglangdKe, youlehui, yujy, Zoie fashion store on line, airmax20188, Atoast0806, bluehill, buydhgateshoping, Bwmb2020, chiyobai, cn_adidas, dfwuhkf, Faone24, fbahelper, Global_bags, Goodnice201920, Haohan2020, Highqualityok1, Hn8866, Hnhaomaijia, Hnk9, Jhsm006yxgs, Ldl447692276, Luxurybag2042, Lvbag55, Obor2018, Perfect222, qiananclothings, Qiananrain, qiananshopping, qingfeng921, sh0es012, tang20188, tang2021, tangtang68, vvuitton_02, walon123, Xiejerry, Xingsu1688, xingyunxing2019, Yafacai188, Yayayayaya158, yeliy and Yiyimubiao added to case caption. 翻译
04/01/2021
NEW PARTIES: cniunmti, Guangzhou Sabadu Tourism Products Co., Ltd., Hefei TJ Imp & Exp Co., Ltd., Xiamen Sunions Industry Co., Ltd., Zhengzhou OuTuo Intelligent Technology Co., Ltd., 15oceaneshop, 1haodian2013, 4seasonstores, adelo_express, aiyamore, amitrade.il, aoc888, asrp6855, beautylife20, bellamout03, bestlife2020, blue_sky456, chinpin, clinkz-yorn, crazy.monkey.sale, dasha118, diybead, ebuytrade2, eliveyard, factorykiss-oz, fair_market, foreverhighquality, fxpf3896, gary21mtb, goodyeah2017, happypick2010, homelovely01, hotxciting, hualiisland, isincer_us, itocafrwbo, jiadi-14, jiadi20, jiadi-79, jundeddy_0, kidsdayss-06, kingtop2017, kurma90, lalang-love-diy, leejdi29, lhjia_64, martat17miles, maxaworld-10, mido-5554, ming.99, monsterfade, more-online, mosphiatanbul, niubi11, nusaka09, oripack, pandacars2012, pricekiller_2k, qpseller88, roykap9-9, samsungsolar, sexyboutique2010, simitter02, srishop1, star_2822 and stars-lord added to case caption. 翻译
03/31/2021
PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 3/31/2021. Notices mailed. 翻译
03/31/2021
MINUTE entry before the Honorable Manish S. Shah: One defendant appeared by telephone to oppose plaintiff's motion for a preliminary injunction; the motion is otherwise unopposed. Although the appearing defendant asserted that it did not infringe and the amount of security was insufficient, the court concludes that the evidence submitted in support of the TRO nevertheless demonstrates a likelihood of success. For the same reasons the TRO was granted, a preliminary injunction is appropriate. The motion 17 is granted. Enter Preliminary Injunction. Based on plaintiff's counsel's representations about how the TRO is implemented, the court concludes that the damages caused by a wrongful injunction do not at this time exceed $10,000. Any defendant may appear and seek to dissolve the preliminary injunction as to it or seek to increase the amount of the bond. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Notices mailed. 翻译
03/31/2021
MINUTE entry before the Honorable Manish S. Shah: Telephone hearing held on plaintiff's motion for preliminary injunction. The court will issue a ruling on the motion via cm/ecf. Notices mailed. 翻译
03/29/2021
MINUTE entry before the Honorable Manish S. Shah: Telephone hearing is set for 3/31/2021 at 10:00 a.m. Members of the public and media may listen to these proceedings by dialing 1-888-204-5984 and using access code 9146677. Counsel of record and other essential case participants will receive an email prior to the start of the telephone hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notices mailed. 翻译
03/25/2021
SUMMONS Returned Executed by CamelBak Products, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 3/25/2021, answer due 4/15/2021. 翻译
附件：
1:Declaration of Service
03/25/2021
MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction must be properly filed by 3/30/21. If no objections are filed, the motion will be considered unopposed. Plaintiff must serve a copy of this order on defendants by the electronic means previously authorized. 翻译
03/25/2021
MEMORANDUM by CamelBak Products, LLC in support of motion for preliminary injunction 17 翻译
附件：
1:Declaration of Keith A. Vogt
2:Exhibit 1 to Declaration of KVogt
03/16/2021
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" 翻译
03/16/2021
SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 3/16/2021. Notices mailed. 翻译
03/16/2021
MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal 8, motion for excess pages 9, and motion for a temporary restraining order, expedited discovery, and electronic service of process 10 are granted. The 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. In addition, the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement of plaintiff's intellectual property and sales into Illinois), the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. The court notes, however, that use of the term "Camel Back" is not as directly infringing and may be a less compelling case for consumer confusion than the use of the registered term "Camelbak." Nevertheless, there is a risk of confusion given the nature of the products and origin of the brand. 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, perhaps the most effective, way to communicate with defendants. The court has doubts about the propriety of joinder and whether plaintiff genuinely intends to pursue an accounting (justifying an asset freeze), but at this preliminary stage the court is persuaded that plaintiff has sufficient indicia of coordinated activity and prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze and joinder. The court will also take a fresh look at personal jurisdiction should any defendant appear. See Rubik's Brand, Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 20-CV-5338, 2021 WL 825668, at *4 (N.D. Ill. Mar. 4, 2021). A $10,000 bond is sufficient to secure the injunctive relief, for now. The court is considering increasing the amount of security in these cases. The bond must be enough to pay the costs of any party found to have been wrongfully enjoined. Fed. R. Civ. P. 65(c). Any single defendant wrongfully enjoined may be damaged between $1,000 to $10,000 by having its assets frozen and webstores shut down for a few weeks. That would suggest that the bond in these cases should be closer to $100,000 when plaintiffs name 100 or more defendants. Plaintiff should be prepared to post additional security if it moves for a preliminary injunction. Enter Sealed TRO. Notices mailed. 翻译
03/11/2021
SEALED EXHIBIT by Plaintiff CamelBak Products, LLC Sealed Exhibit 2 to the Declaration of Daniel Kelly regarding memorandum in support of motion 11 翻译
附件：
1:Exhibit 2, Part 1
2:Exhibit 2, Part 2
3:Exhibit 2, Part 3
4:Exhibit 2, Part 4
5:Exhibit 2, Part 5
6:Exhibit 2, Part 6
7:Exhibit 2, Part 7
8:Exhibit 2, Part 8
03/11/2021
MEMORANDUM IN SUPPORT OF 10 EX PARTE MOTION 翻译
附件：
1:Declaration of Keith A. Vogt
2:Exhibit 1-5 to Declaration of KVogt
3:Declaration of Daniel Kelly
4:Exhibit 1 to the Declaration of Daniel Kelly
03/11/2021
MOTION by Plaintiff CamelBak Products, LLC for leave to file [Certain] Documents Under Seal 翻译
03/11/2021
CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. 翻译
03/11/2021
COMPLAINT filed by CamelBak Products, LLC; Filing fee $ 402, receipt number 0752-18011094. 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
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