2024-cv-00566 AI分析
09/20/2024
ORDER Signed by the Honorable LaShonda A. Hunt on 9/20/2024. Emailed notice.
09/19/2024
MOTION by Plaintiff Guangzhou Ganghun Trade LTD. to Release Bond
09/16/2024
DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 9/16/2024. Emailed notice.
09/16/2024
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 46 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 marks irreparably harms Plaintiff and confuses the public. Because this infringement was willful and 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 a total of $20,621 (which represents about 20% of the combined remaining defendants' revenue from sales of infringing products) is an appropriate award of statutory damages against the remaining defendants. Enter Final Judgment Order. Civil case terminated. Emailed notice.
08/27/2024
CERTIFICATE of Service by Plaintiff Guangzhou Ganghun Trade LTD. regarding text entry, 49
附件：
1:(Exhibit 1)
08/27/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment 46 against the remaining defendants identified in Amended Schedule A 15. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Amended Schedule A 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 Defendants must be filed on or before 9/10/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining affected Defendants within one business day of its entry on the docket and must promptly file proof of that service. No appearance is necessary on 8/29/24. Emailed notice.
08/27/2024
Document removed and re-entered due computer error. See 49. Modified on 8/27/2024.
08/26/2024
NOTICE of Motion by Nicholas Edward Najera for presentment of motion for default judgment 46 before Honorable LaShonda A. Hunt on 8/29/2024 at 10:00 AM.
08/26/2024
MOTION by Plaintiff Guangzhou Ganghun Trade LTD. for default judgment as to Defendants DIDA-US and Maoge Trade Co. Ltd.
附件：
1:Memorandum
2:(Declaration with Exhibits A-B)
08/26/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the Notice of Voluntary Dismissal 44, this action is dismissed without prejudice as to Defendant Fantastory only. Emailed notice.
08/23/2024
NOTICE of Voluntary Dismissal by Guangzhou Ganghun Trade LTD. as to Defendant Fantastory
08/20/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the Notices of Voluntary Dismissal 19 20 21, Defendants CCBeauty, Blue Squid Limited, and Jremreo Official Store aka Bentste are dismissed without prejudice. Emailed notice.
08/20/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's status report 41 requests additional time to file a motion for default and default judgment against the remaining defendants, which is granted. Any such motion is due by 8/30/24. Emailed notice.
08/19/2024
STATUS Report RE Default Judgment by Guangzhou Ganghun Trade LTD.
08/15/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff filed a request for default 39 instead of a motion for default as required under Judge Hunt's case management procedures. The request 39 is stricken and Plaintiff is ordered to comply with this Court's order 32 and case procedures. Emailed notice.
08/14/2024
REQUEST For Default against Defendants Fantastory, DIDA-US, and Maoge Trade Co. Ltd.
08/13/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the Plaintiff's Notice of Voluntary Dismissal 37, Defendants POZILAN and LATIBELL are being dismissed without prejudice. Emailed notice.
08/12/2024
NOTICE of Voluntary Dismissal by Guangzhou Ganghun Trade LTD. as to Defendants Pozilan and Latibell
07/30/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the Notice of Voluntary Dismissal 35, this action is being dismissed without prejudice as to Defendant Toyones only. Emailed notice.
07/29/2024
NOTICE of Voluntary Dismissal by Guangzhou Ganghun Trade LTD. as to Defendant Toyones
07/22/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the Notice of Voluntary Dismissal 33, this action is being dismissed without prejudice as to Defendant Veronni only. Defendant Veronni only is terminated. Emailed notice.
07/19/2024
NOTICE of Voluntary Dismissal by Guangzhou Ganghun Trade LTD. as to Defendant Veronni
07/16/2024
NEW PARTIES: Blue Squid, CCbeauty, DIDA-US, fantastory, Jremreo Official Store, Maoge Trade Co., LTD, TOYONES and VERONNI added to case caption.
07/10/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case 31. Summons were executed on 6/18/24 and Defendants' responses to the complaint are due by 7/9/24 and 7/18/24. By 8/19/24, 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. Emailed notice.
07/10/2024
PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 7/10/2024. Emailed notice.
07/10/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction 22, which the Court now considers unopposed because no Defendant filed a notice of objection by the 7/9/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO 16 17, 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 25 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 no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter Preliminary Injunction order. Plaintiff's counsel is directed to ensure that all remaining defendants listed on Amended Schedule A 15 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice.
07/10/2024
SUMMONS Returned Executed by Guangzhou Ganghun Trade LTD. as to LATIBELL on 6/18/2024, answer due 7/9/2024; POZILAN on 6/18/2024, answer due 7/9/2024; The Partnerships and Unincorporated Associations identified in Schedule A on 6/18/2024, answer due 7/9/2024.
附件：
1:(Exhibit 1)
07/08/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Defendants POZILAN and LATIBELL's Unopposed Motion for Extension of Time 27 was not accompanied by the required notice of presentment. As a one-time courtesy and because the relief sought is not opposed, the Court will consider and grant the motion 27. However, for future reference, counsel is reminded that non-compliant motions may be stricken. Defendants POZILAN and LATIBELL's responses to the complaint are due by 8/8/24. In reviewing the docket, the Court notes that Plaintiff requested that summons issue on 6/18/24, but has not filed any proof of service. The Court therefore cannot determine when answers to the complaint are actually due. Plaintiff is ordered to file the proper proof of service on the docket by 7/11/24. Emailed notice.
07/03/2024
MOTION by Defendants LATIBELL, POZILAN for extension of time to file answer
07/03/2024
ATTORNEY Appearance for Defendants POZILAN, LATIBELL by Kevin K. Tung
07/02/2024
CERTIFICATE of Service by Nicholas Edward Najera on behalf of Guangzhou Ganghun Trade LTD. regarding order on motion for preliminary injunction, set deadlines/hearings, set motion and R&R deadlines/hearings, terminate deadlines and hearings, [24]
附件：
1:Exhibit 1
06/28/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction 22 is taken under advisement. A telephonic motion hearing is set for 7/10/24, at 9:30 AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 7/9/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date 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 Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. 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. No appearance is necessary on 7/3/24. Mailed notice.
06/27/2024
NOTICE of Motion by Nicholas Edward Najera for presentment of motion for preliminary injunction 22 before Honorable LaShonda A. Hunt on 7/3/2024 at 10:00 AM.
06/27/2024
MOTION by Plaintiff Guangzhou Ganghun Trade LTD. for preliminary injunction
附件：
1:Memorandum in Support
2:Declaration Huang
3:(Declaration Moore)
06/24/2024
NOTICE of Voluntary Dismissal by Guangzhou Ganghun Trade LTD. as to Defendant Jremreo Official Store aka Bentste
06/19/2024
NOTICE of Voluntary Dismissal by Guangzhou Ganghun Trade LTD. as to Defendant Blue Squid Limited
06/18/2024
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations identified in Schedule A
06/13/2024
NOTICE of Voluntary Dismissal by Guangzhou Ganghun Trade LTD. of Defendant CCbeauty
06/10/2024
REGISTRY Deposit Information Form by Guangzhou Ganghun Trade LTD. (Received by Clerk's Office Mail Room on 6/10/24).
06/10/2024
Civil Bond BOND in the amount of $ 10,000 money order, receipt no. 100007150 posted by Guangzhou Ganghun Trade LTD.
06/04/2024
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 6/4/2024.Mailed notice
06/04/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of Plaintiff's Amended Schedule A 15 reducing the number of defendants from 24 to 10, the Court finds that joinder of these defendants is proper under 35 U.S.C. § 299 and Fed. R. Civ. P. 20, and the case may proceed. Plaintiff's Ex Parte Motion for Entry of a Sealed Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery and for Alternative Service 6 is granted. 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. 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 defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Mailed notice
06/03/2024
SEALED DOCUMENT by Plaintiff Guangzhou Ganghun Trade LTD. Amended Schedule A
05/16/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff Guangzhou Ganghun Trade LTD. filed this patent infringement suit against 24 defendants, alleging infringement of its design patent for twenty compartments within a palette box for face and body paint 1 [5-4]. After the Court questioned whether joinder of all defendants was appropriate 11,Plaintiff filed a memorandum 13 asserting that the standard set forth in 35 U.S.C. § 299 is satisfied because defendants are a related group of counterfeiters in China selling the same product under different brand names and packaging. Specifically, Plaintiff asserts that "each Infringing Product places black and white on the ends and the remaining eighteen identical colors placed in the same relative paint compartments," which suggests the products are "sourced from the same manufacturer." (Dkt. 13 at 3, 4). Plaintiff also points to the "identical branding" of many of the accused products, and similar descriptions and product images. Id. at 4-5. Having reviewed the screenshot evidence attached to the joinder memo as Exhibit A., the Court disagrees that Plaintiff has shown such a logical relationship between all these defendants. At most, Plaintiff points to copycat color placement and similar webpage descriptions but those facts, standing alone, are not enough to suggest relatedness. See Tang v. Schedule A Partnerships, No. 23 C 4587, 2024 WL 68332, at 2 (N.D. Ill. Jan. 4, 2024). The products are sold at varying price points, and some include a combination of different accessories such as brushes and stencils and stickers. In sum, this appears to the type of action against every potential infringer which is forbidden under Section 299. The Court thus finds that Plaintiff has not shown that joinder of all 24 defendants is proper. By 5/24/24, Plaintiff may file an amended Schedule A that satisfies the applicable standard. Otherwise, the Court will exercise its discretion to sever and dismiss parties without prejudice to cure the misjoinder here. See UWM Student Ass'n v. Lovell, 888 F.3d 854, 864 (7th Cir. 2018). Mailed notice
02/20/2024
MEMORANDUM order on motion to seal, order on motion for temporary restraining order, order on motion to seal document, terminate motions, terminate hearings, 11 by Guangzhou Ganghun Trade LTD. RE: Joinder
附件：
1:(Exhibit A)
02/20/2024
ATTORNEY Appearance for Plaintiff Guangzhou Ganghun Trade LTD. by Nicholas Edward Najera
02/06/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Ex Parte Motions for Leave to File Under Seal 4 8 are granted in part and denied in part. Schedule A 5, Exhibit 1 to the Complaint [5-1], [5-2] [5-3], and Exhibit A-1 to the Declaration of Linpeng Huang [7-2], [7-3], [7-4] shall remain sealed until further court order. However, Plaintiff has not established any basis for sealing its patent information [5-4], the memorandum in support of TRO 7, or the Declaration of Linpeng Huang [7-1]. See Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000) ("Many a litigant would prefer that the subject matter of a case. be kept from the curious (including its business rivals and customers), but the tradition that litigation is open to the public is of very long standing."). The Clerk's Office is directed, forthwith, to unseal Exhibit 2 to the Complaint [5-4], the memorandum in support of the TRO 7, and the Declaration of Linpeng Huang [7-1]. Plaintiff names 24 defendants in this single case and seeks ex parte TRO relief against each of them 6. However, after reviewing the complaint 1, the Court questions whether plaintiff has established sufficient grounds for joinder of all defendants under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps. Ltd. Liab. Cos., P'ships and Unincorporated Ass'ns Identified on Schedule "A," 21-cv-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). By 2/20/24, Plaintiff is ordered to 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. Alternatively, by the same deadline, Plaintiff may file under seal an amended schedule A with a subset of the defendants and an amended declaration that explains how each of these defendants is properly joined with each other. Any amended declaration must attach labeled exhibits that contain screenshots or other information specific only to the defendants listed on amended Schedule A. The motion for a TRO 6 will remain under advisement until the joinder issue is resolved. No appearance is necessary on 2/13/24. Emailed notice.
02/05/2024
NOTICE of Motion by Stevenson Moore for presentment of motion to seal[4], motion to seal document, [8], motion for temporary restraining order[6] before Honorable LaShonda A. Hunt on 2/13/2024 at 10:00 AM.
02/05/2024
ATTORNEY Appearance for Plaintiff Guangzhou Ganghun Trade LTD. by Stevenson Moore
02/03/2024
MOTION by Plaintiff Guangzhou Ganghun Trade LTD. to seal document sealed document 7, MOTION by Plaintiff Guangzhou Ganghun Trade LTD. for temporary restraining order, INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, EXPEDITED DISCOVERY, AND FOR ALTERNATIVE SERVICE - Ex Parte 6
02/03/2024
SEALED DOCUMENT by Plaintiff Guangzhou Ganghun Trade LTD. Memo in Support of Motion
附件：
1:Declaration of Huang
2:Exhibit A-1
3:Exhibit A-2
4:(Exhibit A-3)
02/03/2024
MOTION by Plaintiff Guangzhou Ganghun Trade LTD. for temporary restraining order, INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, EXPEDITED DISCOVERY, AND FOR ALTERNATIVE SERVICE - Ex Parte
02/03/2024
SEALED DOCUMENT by Plaintiff Guangzhou Ganghun Trade LTD.
附件：
1:Exhibit 1-1
2:Exhibit 1-2
3:Exhibit 1-3
4:(Exhibit 2)
02/03/2024
MOTION by Plaintiff Guangzhou Ganghun Trade LTD. to seal Schedule A to Complaint, Exhibit 1, and Exhibit 2
02/02/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff filed this complaint and exhibits 1 on 1/22/24 but failed to identify specific defendants. Plaintiff indicated only that it would seek to file a "Schedule A" list of defendants under seal [1-2]. To date, that has not occurred. By 2/9/24, Plaintiff must file an appropriate Schedule A and any motion for leave to file under seal. Emailed notice.
01/29/2024
CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 1).
01/23/2024
MAILED Patent Request Letter to Plaintiff's counsel Hao Ni.
01/22/2024
COMPLAINT filed by Guangzhou Ganghun Trade LTD.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21554248.
附件：
1:Exhibit Schedule A
2:Exhibit 1
3:Exhibit 2
4:(Civil Cover Sheet)
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