2021-cv-02241 AI分析
08/15/2022
DEFAULT JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 8/15/2022. Mailed notice 翻译
08/15/2022
MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of default and default judgment 31 is granted. Specifically, after a hearing on 9/16/2021 and having considered Plaintiff's motion and supporting materials, the Court grants Plaintiff's request for entry of default judgment as to Defaulting Defendants as follows. The Court finds that Defaulting Defendants each have failed to plead or otherwise defend this action, and thus entry of default pursuant to Fed. R. Civ. P. 55(a) is appropriate. "The basic effect of an entry of default. is that upon default, the well-pleaded allegations of a complaint relating to liability are taken as true." VLM Food Trading Int'l, Inc. v. Ill. Trading Co., 811 F.3d 247, 255 (7th Cir. 2016) (internal quotation marks omitted). The Court further finds that Defaulting Defendants' infringing conduct was willful. With respect to monetary relief, under 15 U.S.C. § 1117(c)(2), a plaintiff in a case involving the use of a counterfeit trademark may elect to seek statutory damages in the amount of: (1) not less than $1,000 or more than $200,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or (2) if the court finds that the use of the counterfeit mark was willful, not more than $2,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just. 17 U.S.C. § 1117(c). Under 17 U.S.C. § 504(c)(2), a plaintiff in a case involving infringement of a copyright may elect to seek statutory damages in the amount of: (1) not less than $750 or more than $30,000 as the court considers just; or (2) if the court finds that the infringement was willful, not more than $150,000. In determining the amounts of statutory damages to award in this case, the Court has considered the difficulty or impossibility of proving actual damages, the circumstances of the infringement, the efficacy of the damages as a deterrent to future infringement, the value of the Plaintiff's brand and its efforts to protect the brand, and the extent or profitability of the Defaulting Defendants' wrongful activities. In addition, the Court has considered the amounts of statutory damages requested and awarded in similar cases. Based on these factors, the Court awards Plaintiff $500,000 per Defaulting Defendant charged with trademark infringement under § 1117(c)(2), and $75,000 per Defaulting Defendant charged with copyright infringement under § 504(c)(2). Enter Final Judgment Order by default. As all claims as to all Defendants have now been resolved, this case will be closed. All other pending motions and hearing dates are terminated as moot. Civil case terminated. Mailed notice 翻译
11/29/2021
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 11/29/2021. Plaintiff's motion for entry of default and default judgment against the Defendants identified in First Amended Schedule A [31] is taken under advisement for ruling. No further status hearing is set. Mailed notice 翻译
11/15/2021
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 11/15/2021. The parties having filed a joint stipulation of dismissal, the claims against Defendant No. 4 Awesocrafts are dismissed with prejudice. Defendant Awesocrafts's motions at docket entries [45] and [46] are terminated as moot in light of the parties' settlement. To address the concerns raised by the Court on the record, Plaintiff shall provide an updated default judgment order (or orders) to the Court's proposed order inbox by 11/22/2021. Telephonic status hearing set for 11/29/2021 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic 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. Mailed notice 翻译
11/10/2021
STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant No. 4 Awesocrafts 翻译
11/03/2021
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 11/3/2021 and continued to 11/15/2021 at 9:00 AM. In light of the parties' continued settlement discussions, Awesocrafts' motion to dismiss under Rule 12(b)(2) [45] and Plaintiff's motion to stay Defendant's motion to dismiss and for leave to conduct jurisdictional discovery [46] are entered and continued to the next hearing. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic 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. Mailed notice 翻译
10/25/2021
MOTION by Plaintiff Polyblank Designs Limited for leave to conduct jurisdictional discovery (Omitted Relief from motion [46]) 翻译
10/25/2021
MOTION by Plaintiff Polyblank Designs Limited to stay regarding MOTION by Defendant Awesocrafts to dismiss for lack of jurisdiction [45] And For Leave To Conduct Jurisdictional Discovery 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
10/25/2021
MOTION by Defendant Awesocrafts to dismiss for lack of jurisdiction 翻译
附件：
1:Declaration of Liu Cheng
2:Errata Unreported Opinions
10/20/2021
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 10/20/2021 and continued to 11/3/2021 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic 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. Mailed notice 翻译
10/05/2021
MINUTE entry before the Honorable Andrea R. Wood: Defendant's unopposed motion for extension of time [41] is granted. Defendant Awesocrafts shall have until 10/25/2021 to answer or otherwise respond to Plaintiff's complaint. Mailed notice 翻译
10/04/2021
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 10/5/2021 is stricken and reset for 10/20/2021 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic 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. Mailed notice 翻译
09/16/2021
MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 9/16/2021. Defendant's unopposed motion for extension of time [36] is granted. Defendant Awesocrafts shall file a responsive pleading by 10/6/2021. Plaintiff's motion for entry of default and default judgment against the Defendants identified in first amended schedule A [31] is taken under advisement as unopposed. Telephonic status hearing remains set for 10/5/2021 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic 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. Mailed notice 翻译
09/15/2021
MINUTE entry before the Honorable Andrea R. Wood: The motion presentment hearing on Plaintiff's motion for entry of default and default judgment against the Defendants identified in first amended Schedule A [31] noticed for 9/16/2021 at 10:00 AM shall proceed by telephone conference. Any party wishing to oppose the motion is directed to file an appearance and contact the courtroom deputy (david_lynn@Ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic 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. Mailed notice 翻译
09/08/2021
NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment 31 before Honorable Andrea R. Wood on 9/16/2021 at 10:00 AM. 翻译
09/08/2021
MEMORANDUM by Polyblank Designs Limited in support of motion for default judgment 31 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Declaration of Keith A. Vogt
09/08/2021
MOTION by Plaintiff Polyblank Designs Limited for default judgment as to The Defendants Identified In The First Amended Schedule A 翻译
08/10/2021
NEW PARTIES: Toy Fun Wold Store, Ulika Textile Store, UNNYS Mother&Baby Store, WARM YOUR HOUSE Store, Warmsbeds Store, WellCraft Decor Store, Woman Apparel Fanatic Store, wostar Official Store, yidiya Store, YIERNINL Official Store, YiYiMiYu Store, Aigtgrr, Chuanyuexian, Cslikdd, Faone24, huyinginternational, Kmdjsiwnb, Palameila, pillowcases, shu120806 and Zijilo added to case caption. 翻译
08/10/2021
NEW PARTIES: YZBEDSET, Zhang Wen1, zhengzishen, zhou hong min zhao biao dai li you xian gong si, 520 Good Life Store, 7 the shopkeeper Store, ALxpress Store, Amy House Store, ANNIEBRITNEY Homme&Gardern Store, baigong Store, Beadssupplieswholesale Store, Beautiful Print Bag Store, BJYWDAP Store, bolang Store, CaiXuKun S 13 Store, Cozy Decoration Store, Dai Li secret Store, Daxiangqiwu Art Store, DEEPDEE Meow Store, Digital Print Garment Factory Store, Dongyang Relife Cultural Creativity Co., Ltd., DRAWtheSEA Store, Etiya Store, Factory Househeld Store, FORUDESIGNS WORKGROUP store, Freesia' Store, Ghtphy Decor Store, Global Direct Mail Makeup Boutique Store, Good management Store, GozLeung Art Store, Happiness Socks Store, HEZHUKEJI Store, Hi Textiles Store, Househeld life Store, HowsHome Store, J&M Factory, Joyloading Store, Kadische Official Store, KK77 Art Store, Laimai Pantyhose Co., Ltd. Store, Laixiaoli Official Store, Meilian Headscarf Store, MENGLINXI Official Store, MiLao Mouse Store, Misss Luna's Store, Muizai Store, My-ART Global Store, Nordic Supplies Store, OLEVO Textiles Decor Store, Partners at the table Store, Print bages Store, QinyeThree Official Store, Quality Men's Clothes Store, RANTING Store, REFJJ China made socks Store, Ring girl Store, Salimism Sock Store, Shen Store, Shop3282009 Store, Shop4355010 Store, Shop5564183 Store, Shop5571175 Store, Shop5587419 Store, Shop5721159 Store, Shop5790185 Store, Shop5838088 Store, Shop5869090 Store, Shop5879376 Store, Shop5880974 Store, Shop5882596 Store, Shop5974384 Store, Shop626939 Store, Shop900236438 Store, Shop900239365 Store, Shop900244397 Store, Shop900249375 Store, Shop900253376 Store, Shop911251238 Store, Shop911339051 Store, Shop911340151 Store, So Yeah Store, Surloog Store and Thymiland. Store added to case caption. 翻译
08/10/2021
NEW PARTIES: Lihan E-Commerce, lilizeng198, LINGCHENART, linrongzong, lirenpeixun, Looife Direct, Pattern painting co, PaxenShoesandhatsClothingStorePingshanCounty, penggeshop, Ricketts26, SAI Love, Scott654ay, SDBoutique, vdfggyujy, Wang Zeng Wei, Wangbingjun, wenfengquchengxinfangshuicailiaodian, wukuishangmao, xianyouxianlaidianchenbinwenjujingyingbu, xianzaizhidaoletaishicijiushichulailianjiande, XIAO HU QI PEI, XiXuCai58588, Yi Chaoxing and Yulinshiyuyangquzuxinlaowufuwubu added to case caption. 翻译
08/10/2021
NEW PARTIES: 60art, ADBUTTY, anhuinuanjiangnuantonggongchenyouxiangongsi, Awesocrafts, bindongshangmao999, BIWYE, BUI XUAN, CHEN YUNXING, ChenLiangNian-SHOP, DaTongShiPingChengQuXingJiaBianLiDian, dfgdyht, Drusilla_Shop, edwtgerdgyhrtdfh, ErChangBaiHuoXiaoShouDian, FANCY PUMPKIN, FeiMoART, FENG SENG, fhfghdrgtsese, fsdgaga, Funny&Designer Collection, Good luck sign shop, Good/Trading, GSWJ STORE, gtedrrfy, Guangzhou Ding, guantongGT, hcvghcgfxcdx, herunfushangmaogongsi, HEYISHU, jizexianjianshuojianzhugongchengyouxiangongsi, JLHBM, Juxin.T.C. and Kennedy Leacock added to case caption. 翻译
08/04/2021
PRELIMINARY INJUNCTION Order Signed by the Honorable Andrea R. Wood on 8/4/2021. Mailed notice 翻译
08/04/2021
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 8/4/2021. Plaintiff's motion for entry of a preliminary injunction 22 is granted with the modifications stated on the record. Plaintiff shall submit a revised preliminary injunction order to the Court's proposed order inbox and the courtroom deputy within 24 hours. The Clerk is directed to unseal: (1) Schedule A to the Complaint 2, (2) Sealed Exhibit 3 to the Declaration of David Denholm 12, (3) and the Temporary Restraining Order issued on 7/7/2021 16. Jianip LLC and Keith Vogt are directed to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website www.ilnd.courts.com/instructions. Telephonic status hearing set for 10/5/2021 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic 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. Mailed notice 翻译
07/27/2021
STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant No. 46 SDBoutique 翻译
07/27/2021
SUMMONS Returned Executed by Polyblank Designs Limited as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 7/27/2021, answer due 8/17/2021. 翻译
附件：
1:Declaration of Service
07/27/2021
NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 22 before Honorable Andrea R. Wood on 8/4/2021 at 10:15 AM. 翻译
07/27/2021
MEMORANDUM by Polyblank Designs Limited in support of motion for preliminary injunction 22 翻译
附件：
1:Declaration of Keith A. Vogt
2:Exhibit 1, Declaration of Keith Vogt
07/22/2021
MINUTE entry before the Honorable Andrea R. Wood: Defendant SDBotique's motion to withdraw oral motion for relief from temporary restraining order 20 is granted. Defendant's oral motion is voluntarily withdrawn in light of the parties' reported settlement in principle. The parties shall promptly file dismissal papers as to SDBotique. Telephonic motion hearing set for 7/22/2021 is stricken. Status hearing set for 8/4/2021 remains firm. Mailed notice 翻译
07/21/2021
MOTION by Defendant SDBoutique to withdraw ORAL MOTION FOR RELIEF FROM TEMPORARY RESTRAINING ORDER 翻译
07/16/2021
SURETY BOND in the amount of $10,000.00 posted by Polyblank Designs Limited (Document not scanned) Modified on 7/19/2021. 翻译
07/15/2021
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 7/15/2021. Vheng Gong appears on behalf of Defendant SDBotique. Vheng Gong is granted leave to file an appearance on behalf of Defendant SD Boutique and shall file a written motion for relief from the Temporary Restraining Order with supporting materials. Telephonic motion hearing on SDBotique's motion for relief from the TRO set for 7/22/2021 at 1:30 PM. Plaintiff's oral motion to extend the Temporary Restraining Order is granted. Pursuant to Fed. R. Civ. P. 65(b)(2), the Court finds good cause to extend the Temporary Restraining Order entered on 7/7/2021 16 for an additional fourteen days until 8/4/2021. Status hearing set for 8/4/2021 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic 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. Mailed notice 翻译
07/08/2021
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" 翻译
07/07/2021
TEMPORARY RESTRAINING ORDER Signed by the Honorable Andrea R. Wood on 7/7/2021. Mailed notice Modified on 8/9/2021. 翻译
07/01/2021
MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 7/1/2021. For the reasons stated on the record, Plaintiff's motions for leave to file under seal 8 and to exceed page limitation 9 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 10 is granted with the modifications stated on the record. Plaintiff shall email a copy of the proposed order, with the modifications discussed on the record, to the Court's proposed order inbox with a copy to the courtroom deputy by the close of business on 7/1/2021. Telephonic status hearing set for 7/15/2021 at 10:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic 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. Mailed notice 翻译
06/28/2021
Notice of Motion for presentment of 8 9 10 Ex Parte Motion NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file excess pages 9, motion for leave to file 8 before Honorable Andrea R. Wood on 7/1/2021 at 09:00 AM. 翻译
04/27/2021
EXHIBIT 3 to the Declaration of David Denholm in support of memorandum in support of Plaintiff's Ex Parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by e-mail and/or electronic publication by Plaintiff Polyblank Designs Limited Sealed Exhibit 3 to the Declaration of David Denholm regarding memorandum in support of motion, 11 Modified on 8/6/2021. Modified on 8/6/2021. 翻译
附件：
1:Exhibit 3, Part 1
2:Exhibit 3, Part 2
3:Exhibit 3, Part 3
4:Exhibit 3, Part 4
5:Exhibit 3, Part 5
6:Exhibit 3, Part 6
7:Exhibit 3, Part 7
8:Exhibit 3, Part 8
9:Exhibit 3, Part 9
04/27/2021
MEMORANDUM In Support of 10 Ex Parte Motion 翻译
附件：
1:Declaration of Keith A. Vogt
2:Exhibit 1-5, Declaration of Keith Vogt
3:Declaration of David Denholm
4:Exhibit 1, Declaration of David Denholm
5:Exhibit 2, Declaration of David Denholm
04/27/2021
MOTION by Plaintiff Polyblank Designs Limited for leave to file [Certain] Documents Under Seal 翻译
04/27/2021
CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. 翻译
04/27/2021
SCHEDULE A to Complaint by Plaintiff Polyblank Designs Limited Modified on 8/6/2021. Modified on 8/6/2021. 翻译
04/27/2021
COMPLAINT filed by Polyblank Designs Limited; Filing fee $ 402, receipt number 0752-18178895. 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
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