2024-cv-12341 AI分析
03/31/2025
DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 3/31/2025. Mailed notice (gel,) 翻译
03/31/2025
MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 36 is granted. 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 should be entered. The infringement of Plaintiff's intellectual property harms Plaintiff and confuses the public. Considering the value of Plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $12,313.60 is an appropriate award of damages against the remaining defendant. However, treble damages are not warranted because Plaintiff has not met its burden of establishing the requisite level of willfulness to warrant that additional relief. See Kenall Mfg. Co. v. Cooper Lighting, LLC, 723 F. Supp. 3d 640, 656 (N.D. Ill. 2024) ("[T]o establish willfulness, a patentee must show that the accused infringer had a specific intent to infringe at the time of the challenged conduct."). Enter Final Judgment Order. Civil case terminated. Mailed notice (gel,) 翻译
03/05/2025
CERTIFICATE of Service by Allen Justin Poplin on behalf of DPG USA Inc. regarding terminate deadlines, [41] (Poplin, Allen Justin) 翻译
03/05/2025
MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment [36] against the remaining defendant Art Nail. Defendant has failed either to plead or to otherwise appear to defend against this action. Accordingly, default against Art Nail is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendant must be filed on or before 3/12/25. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon remaining affected Defendant within one business day of its entry on the docket and promptly file proof of that service. Motion hearing set for 3/20/25 is stricken. Mailed notice (gel,) 翻译
03/04/2025
CERTIFICATE of Service by Allen Justin Poplin on behalf of DPG USA Inc. regarding notice of motion[39] (Poplin, Allen Justin) 翻译
03/04/2025
NOTICE of Motion by Allen Justin Poplin for presentment of motion for default judgment[36] before Honorable LaShonda A. Hunt on 3/20/2025 at 10:00 AM. (Poplin, Allen Justin) 翻译
03/04/2025
CERTIFICATE of Service by Allen Justin Poplin on behalf of DPG USA Inc. regarding MOTION by Plaintiff DPG USA Inc. for default judgment as to defendant Art Nail [36], memorandum in support of motion[37] (Poplin, Allen Justin) 翻译
03/04/2025
MEMORANDUM by DPG USA Inc. in support of motion for default judgment[36] 翻译
附件：
1:Exhibit 2
2:Exhibit 1
3:Exhibit A
03/04/2025
MOTION by Plaintiff DPG USA Inc. for default judgment as to defendant Art Nail (Poplin, Allen Justin) 翻译
01/30/2025
PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 1/30/2025. Mailed notice (gel,) 翻译
01/30/2025
MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. For the reasons stated on the record, Plaintiff's unopposed motion for preliminary injunction [30] is granted. Enter Preliminary Injunction order. Plaintiff's counsel is directed to ensure that Defendant No. 24 is added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. By 3/4/25, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Mailed notice (gel,) 翻译
01/22/2025
CERTIFICATE of Service by Allen Justin Poplin on behalf of DPG USA Inc. regarding terminate deadlines, set motion and R&R deadlines/hearings, 32 (Poplin, Allen Justin) 翻译
01/22/2025
MINUTE entry before the Honorable LaShonda A. Hunt: Hearing on Plaintiff's motion for preliminary injunction 30 is reset from in-person on 1/29/25 to telephonic on 1/30/25, at 9:45AM. Attorneys/parties may appear by dialing: 1-650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. The motion may be considered unopposed as to any Defendant who does not file an objection by 1/29/25, and/or appear at the motion hearing. For the reasons stated in the Court's initial order entering the TRO, the TRO is extended to and including the date the Court adjudicates the motion for preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. Mailed notice (gel,) 翻译
01/21/2025
NOTICE of Motion by Allen Justin Poplin for presentment of motion for preliminary injunction 30 before Honorable LaShonda A. Hunt on 1/29/2025 at 10:00 AM. (Poplin, Allen Justin) 翻译
01/21/2025
SUMMONS Returned Executed by DPG USA Inc. as to The Partnerships And Unicorporated Associations Identified On Schedule A on 1/21/2025, answer due 2/11/2025. (Poplin, Allen Justin) 翻译
01/10/2025
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion to extend the temporary restraining order 25 is granted. The TRO is extended to 1/30/25 for the reasons stated in the order granting the initial TRO 23. No appearance is necessary on 1/16/25. Mailed notice (gel,) 翻译
01/08/2025
NOTICE of Motion by Allen Justin Poplin for presentment of motion for temporary restraining order 25 before Honorable LaShonda A. Hunt on 1/16/2025 at 10:00 AM. (Poplin, Allen Justin) 翻译
01/08/2025
MEMORANDUM by DPG USA Inc. in support of motion for temporary restraining order 25 翻译
附件：
1:(Exhibit A)(Poplin, Allen Justin)
01/08/2025
MOTION by Plaintiff DPG USA Inc. for temporary restraining order extension (Poplin, Allen Justin) 翻译
01/02/2025
SEALED Temporary Restraining Order. Signed by the Honorable LaShonda A. Hunt on 1/2/2025. Mailed notice. 翻译
01/02/2025
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motions for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 17 and entry of a temporary restraining order 18 are granted. Plaintiff's written submissions establish that if Defendant 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. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to Plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify Defendant and implement the asset freeze. If Defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $5,000.00 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 1/16/25. Mailed notice. 翻译
12/20/2024
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 Honorable Virginia M. Kendall on 12/20/2024: Mailed notice. 翻译
12/31/2024
NOTICE of Motion by Allen Justin Poplin for presentment of motion for temporary restraining order 18, motion for miscellaneous relief 17 before Honorable LaShonda A. Hunt on 1/16/2025 at 10:00 AM. (Poplin, Allen Justin) 翻译
12/31/2024
MEMORANDUM by DPG USA Inc. in support of motion for temporary restraining order 18 (Poplin, Allen Justin) 翻译
12/31/2024
MOTION by Plaintiff DPG USA Inc. for temporary restraining order (Poplin, Allen Justin) 翻译
12/13/2024
MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order 12 questioning whether Plaintiff had met its burden of establishing that permissive joinder of Defendant Nos. 1-37 in this case was proper under 35 U.S.C. § 299. Plaintiff was granted leave to file either a supplemental memorandum or an amended Schedule A consistent with that ruling. In response, Plaintiff filed a Notice of Dismissal Under Rule 41(a)(1) 13 voluntarily dismissing Defendant Nos. 1-23, a Supplemental Memorandum Regarding Joinder 14 15, and an Amended Schedule A including Defendant Nos. 24-37 only. Plaintiff essentially argues that joinder is proper because Defendant Nos. 24-37 all sell the identical products on Temu and use identical advertising images and such similarities support its conclusory allegation that Defendants jointly and severally infringed Plaintiff's patent, but the Court remains unconvinced. See Tang v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 23 C 4587, 2024 WL 68332, at *2 (N.D. Ill. Jan. 4, 2024) (finding that plaintiff's allegations that all of the defendants' online storefronts share numerous similarities, are located in China, and have a similar number of employees were insufficient to establish joinder under 35 U.S.C. § 299). Furthermore, Plaintiff's argument that all Defendants' use of the "same" rather than "similar" images is not persuasive. See id. ("Even if the webpages were identical, it would not necessarily suggest the defendants are connected. To the contrary, it would hardly be surprising that multiple, independent sellers of similar products would parrot each other's webpages or match each other's prices."). Because Plaintiff has failed to cure the misjoinder here, the Court exercises its discretion to do so. Therefore, the Court dismisses Defendant Nos. 25-37 without prejudice for improper joinder. This action will proceed as to Defendant No. 24 only. Plaintiff's motions for electronic service 4 and a TRO 5 as to all Defendants are terminated as moot. By 12/31/24, Plaintiff may file renewed electronic service and TRO motions as to Defendant No. 24, whose identity shall remain under seal until that date. If Plaintiff does not request further relief as to Defendant No. 24, all previously sealed documents will be unsealed, and this case may be dismissed for want of prosecution. Emailed notice. 翻译
12/12/2024
SEALED RESPONSE by DPG USA Inc. to memorandum, 14, order on motion for miscellaneous relief, order on motion for temporary restraining order, order on motion to seal, set deadlines, terminate motions, 12 翻译
附件：
1:(Appendix Schedule A)(Poplin, Allen Justin)
12/12/2024
MEMORANDUM order on motion for miscellaneous relief, order on motion for temporary restraining order, order on motion to seal, set deadlines, terminate motions, 12 by DPG USA Inc. 翻译
附件：
1:(Appendix Redacted Schedule A)(Poplin, Allen Justin)
12/12/2024
NOTICE of Voluntary Dismissal by DPG USA Inc. of defendants 1-23 (Poplin, Allen Justin) 翻译
12/05/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff names 37 Defendants in this single case and seeks ex parte relief against each of them 4 5. However, after reviewing the redacted and sealed versions of the complaint 1 2 and other filings, the Court questions whether Plaintiff has established sufficient grounds for joinder of all Defendants. See 35 U.S.C. § 299; Tang v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 23 C 4587, 2024 WL 68332, at *1 (N.D. Ill. Jan. 4, 2024) ("accused infringers may not be joined in one action as defendants. based solely on allegations that they each have infringed the patent or patents in suit."). Examples of a few of the 37 Defendants using the same or similar images are not enough. By 12/19/24, Plaintiff must either (a) file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A Defendant to demonstrate that joinder is proper; or (b) file under seal an amended Schedule A with a subset of Defendants, along with an amended declaration that explains how each of these Defendants is properly joined with each other and includes labeled exhibits that contain screenshots or other information specific to Defendants listed on amended Schedule A only. The motions for electronic service 4 and a TRO 5 are taken under advisement until the joinder issue is resolved. Plaintiff's motion to seal 7 is granted. The unredacted version of the complaint and schedules 1 shall remain under seal until further order of the Court. Finally, the Court notes that none of these motions were timely noticed for presentment. As a one-time courtesy and because there is a preliminary joinder issue that needs to be resolved, Plaintiff's non-compliance with the Court's notice of presentment requirement will be disregarded. For future reference, non-compliant motions will be stricken. Emailed notice. 翻译
12/04/2024
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by DPG USA Inc. (Poplin, Allen Justin) 翻译
12/04/2024
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
12/04/2024
CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1). 翻译
12/04/2024
ATTORNEY Appearance for Plaintiff DPG USA Inc. by Allen Justin Poplin (Poplin, Allen Justin) 翻译
12/04/2024
MEMORANDUM by DPG USA Inc. in support of motion for temporary restraining order 5 (Poplin, Allen Justin) 翻译
12/04/2024
MOTION by Plaintiff DPG USA Inc. for temporary restraining order (Poplin, Allen Justin) 翻译
12/04/2024
SEALED DOCUMENT by Plaintiff DPG USA Inc. UNREDACTED Complaint 翻译
附件：
1:(Exhibit 1)(Poplin, Allen Justin)
2:Appendix Schedule A-2
3:Appendix Schedule A-1
4:Appendix Schedule A
12/04/2024
COMPLAINT filed by DPG USA Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22798566. 翻译
附件：
1:Appendix Schedule A
2:Appendix Schedule A-1
3:Appendix Schedule A-2
4:(Exhibit 1)(Poplin, Allen Justin)
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