2024-cv-09946 AI分析
04/28/2025
PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 4/28/2025. Mailed notice. 翻译
04/28/2025
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 23 is granted. Enter separate preliminary injunction order as to those Defendants who have not otherwise been dismissed from this action. 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 or infringing goods. Plaintiff has also certified and established 25 27 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 26 the opportunity to do so, no remaining Defendant has objected to the motion for a preliminary injunction. 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 directed to unseal any and all previously-sealed documents. The motion to dismiss 40 of Defendants constituient.com and sea-of-pineapples.com is dismissed as moot, those Defendants having been voluntarily dismissed 47 by Plaintiff. Mailed notice. 翻译
04/25/2025
NOTICE of Voluntary Dismissal by Selah Signs, LLC with prejudice as to certain Defendants 翻译
04/18/2025
NOTICE of Voluntary Dismissal by Selah Signs, LLC with prejudice as to certain Defendants 翻译
04/11/2025
NOTICE of Voluntary Dismissal by Selah Signs, LLC with prejudice as to certain Defendants 翻译
04/04/2025
NOTICE of Voluntary Dismissal by Selah Signs, LLC with prejudice as to certain Defendants 翻译
03/24/2025
NOTICE of Voluntary Dismissal by Selah Signs, LLC with prejudice as to certain Defendants 翻译
03/17/2025
MINUTE entry before the Honorable John F. Kness: The Court sets the following briefing schedule on Defendants' motion to dismiss 40 : Plaintiff's response is due on or before 4/9/2025 and Defendants' reply, if any, is due on or before 4/23/2025. Mailed notice. 翻译
03/14/2025
NOTICE of Voluntary Dismissal by Selah Signs, LLC with prejudice as to certain Defendants 翻译
03/12/2025
RESPONSE by constituient.com, sea-of-pineapples.comin Opposition to MOTION by Plaintiff Selah Signs, LLC for preliminary injunction 23 翻译
03/12/2025
MOTION by Defendants constituient.com, sea-of-pineapples.com to dismiss Amended Complaint pursuant to FRCP 12(b)(5) and 12(b)(2) 翻译
附件：
1:Declaration Huan Zheng
2:Exhibit Exhibit A to Huan Zheng Decl
3:Exhibit Exhibit B to Huan Zheng Dec
4:Declaration Jinmei Liao
5:Exhibit Exhibit A to Jinmei Liao Decl
6:(Exhibit Exhibit B to Jinmei Liao Decl)
03/10/2025
NOTICE of Voluntary Dismissal by Selah Signs, LLC with prejudice as to certain Defendants 翻译
03/03/2025
MINUTE entry before the Honorable John F. Kness: Defendants' motions for extension of time 34, 33 are granted. Defendants' motion for extension of time 31 is dismissed as moot. Mailed notice. 翻译
02/28/2025
NOTICE of Voluntary Dismissal by Selah Signs, LLC with prejudice as to certain Defendants 翻译
02/21/2025
NOTICE of Voluntary Dismissal by Selah Signs, LLC with prejudice as to certain Defendants 翻译
02/21/2025
NOTICE of Voluntary Dismissal by Selah Signs, LLC with prejudice as to certain Defendants 翻译
02/20/2025
AMENDED [AMENDED ONLY AS TO NON-OPPOSITION] MOTION by Defendants Fengxing, Fongbon, Kewoda, Kinbax, Lisaac, Mozhitti, Tanataa for extension of time to respond to the Amended Complaint [UNOPPOSED] by Fengxing, Fongbon, Kewoda, Kinbax, Lisaac, Mozhitti, Tanataa 翻译
02/19/2025
MOTION by Defendants constituient.com, sea-of-pineapples.com for extension of time to Respond to Plaintiff's Amended Complaint and to file Opposition to Plaintiff's motion for Preliminary Injunction to March 12, 2025 翻译
02/19/2025
ATTORNEY Appearance for Defendants constituient.com, sea-of-pineapples.com by Anthony H. Son 翻译
02/19/2025
MOTION by Defendants Fengxing, Fongbon, Kewoda, Kinbax, Lisaac, Mozhitti, Tanataa for extension of time to respond to the Amended Complaint [OPPOSED] 翻译
02/19/2025
ATTORNEY Appearance for Defendants Fengxing, Fongbon, Kewoda, Kinbax, Lisaac, Mozhitti, Tanataa by Sandra Cristina Perez-blackmar 翻译
02/04/2025
CERTIFICATE of Service by Alison K Carter on behalf of Selah Signs, LLC regarding text entry, 26 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:(Exhibit 3)
02/02/2025
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 23 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith 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 2/7/2025." Plaintiff must file proof of service of the Court's statement within two business days. For the reasons stated in the Court's orders entering and extending the temporary restraining order ("TRO") 18, as well as in Plaintiff's motion 19 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
01/29/2025
SUMMONS Returned Executed by Selah Signs, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/29/2025, answer due 2/19/2025. 翻译
附件：
1:Declaration of Service
2:Exhibit 1
3:Exhibit 2
4:Exhibit 3
5:(Exhibit 4)
01/29/2025
MEMORANDUM by Selah Signs, LLC in support of motion for preliminary injunction 23 翻译
附件：
1:(Declaration of Ann Marie Sullivan)
01/24/2025
EXTENSION OF THE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 1/24/2025. Mailed notice. 翻译
01/24/2025
MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to Extend the Temporary Restraining Order 19 is granted. Enter separate order. Mailed notice. 翻译
01/16/2025
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A 翻译
01/16/2025
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A 翻译
01/15/2025
MOTION by Plaintiff Selah Signs, LLC for extension of time of Temporary Restraining Order 18 翻译
附件：
1:(Declaration of Alison Carter)
01/06/2025
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 7, ex parte motion for a temporary restraining order 9, and motion for electronic service of process 14 are granted in part. Plaintiff's submissions (e.g., Dkt. 12) 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 13. 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, the Court holds, dubitante, that Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). (This holding is subject to reconsideration in future "Schedule A" cases.) 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 the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. 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 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 copyrighted works 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 and infringing 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 several judges have previously noted, there may be reason to question both the propriety of joining 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
12/27/2024
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 12/27/2024: Mailed notice. 翻译
10/16/2024
MEMORANDUM by Selah Signs, LLC in support of motion for miscellaneous relief 14 for Electronic Service of Process 翻译
附件：
1:Declaration in Support of Memorandum
2:(Exhibit 1-2)(Sullivan, Ann Marie)
10/16/2024
MOTION by Plaintiff Selah Signs, LLC for Electronic Service of Process (Sullivan, Ann Marie) 翻译
10/16/2024
SEALED DOCUMENT by Plaintiff Selah Signs, LLC 12 - Exhibit Part 1 翻译
附件：
1:Exhibit Part 2
2:Exhibit Part 3
3:Exhibit Part 4
4:Exhibit Part 5
5:Exhibit Part 6
6:Exhibit Part 7
7:(Exhibit Part 8)(Sullivan, Ann Marie)
10/16/2024
DECLARATION of Dana Jones regarding motion for temporary restraining order 9 翻译
附件：
1:(Exhibit 1)
10/15/2024
AMENDED complaint by Selah Signs, LLC against The Partnerships and Unincorporated Associations Identified on Schedule A 翻译
附件：
1:Exhibit 1
10/13/2024
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
10/13/2024
CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category Three). 翻译
10/11/2024
ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) 翻译
10/11/2024
SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint 翻译
附件：
1:Exhibit 1
2:(Exhibit 2 - Schedule A)
10/11/2024
COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-22593333. 翻译
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