2023-cv-07873 AI分析
01/23/2024
DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 1/23/2024. Emailed notice. 翻译
01/23/2024
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 47 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 $25,000 is an appropriate award of statutory damages against each remaining defendant. Enter Default Final Judgment Order. Civil case terminated. Emailed notice. 翻译
01/05/2024
CERTIFICATE of Service Proof of Service by William Benjamin Kalbac on behalf of Roblox Corporation 翻译
01/05/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment 47 against the remaining defendants identified in Amended Schedule A 26. 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 1/19/24. 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 1/9/24. Mailed notice 翻译
01/04/2024
NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 47 before Honorable LaShonda A. Hunt on 1/9/2024 at 10:00 AM. 翻译
01/04/2024
DECLARATION of Michael A. Hierl regarding motion for default judgment, 47 翻译
附件：
1:(Exhibit Hierl Exhibit 1)
01/04/2024
MEMORANDUM by Roblox Corporation in support of motion for default judgment, 47 翻译
附件：
1:Exhibit 1
2:(Exhibit 2)
01/04/2024
MOTION by Plaintiff Roblox Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A 翻译
附件：
1:(Exhibit Amended Schedule A)
12/28/2023
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 Executive Committee on 12/28/2023: Mailed notice. 翻译
12/14/2023
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 [43]. Summons were executed and responses to the complaint are due by 12/20/23 [39]. By 1/10/24, 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. 翻译
12/14/2023
PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 12/14/2023. Emailed notice. 翻译
12/14/2023
MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction [36], which the Court now considers unopposed because no Defendant filed a notice of objection by the 12/13/23 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 [31], 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 [41] 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 defendants listed on Amended Schedule A [26] are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. 翻译
12/01/2023
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for preliminary injunction 36 is taken under advisement. A telephonic motion hearing is set for 12/14/23, at 10:00 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 12/13/23, and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO 31 and the order extending the TRO 34, 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. Emailed notice. 翻译
11/30/2023
SUMMONS Returned Executed by Roblox Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 11/29/2023, answer due 12/20/2023. 翻译
11/29/2023
SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 翻译
11/29/2023
MOTION by Plaintiff Roblox Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction 翻译
11/29/2023
SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 翻译
11/16/2023
SURETY BOND in the amount of $ 10,000.00 posted by Roblox Corporation (Document not scanned). 翻译
11/16/2023
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order 33 is granted. The TRO is extended to 12/4/23, for the reasons stated in the order granting the initial TRO 31. Mailed notice 翻译
11/15/2023
MOTION by Plaintiff Roblox Corporation for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order 翻译
11/06/2023
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 11/6/23. Emailed notice to Plaintiff's Counsel. 翻译
11/06/2023
MINUTE entry before the Honorable LaShonda A. Hunt: 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. 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. Emailed notice. 翻译
11/01/2023
AMENDED complaint by Roblox Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 翻译
附件：
1:(Exhibit 1)
10/19/2023
MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the Complaint 1, the Court questions whether joinder of 244 defendants is appropriate in this case. Plaintiff alleges that it "is in the business of developing, marketing, selling, distributing, and licensing ROBLOX branded products." (Dkt. 1 at 3). Plaintiff filed this trademark infringement suit against 244 online retailers who are allegedly selling unauthorized products based on a variety of its registered trademarks. (Id. at 4-6). The Complaint alleges that Defendants have created numerous internet stores that "share unique identifiers, such as design elements and similarities of the counterfeit products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences. " (Id. at 2). In addition, the Complaint alleges, among other things, that Defendants are part of an interworking operation, "Defendants' Internet Stores bear similarities and indicia of being related to one another, suggesting that the counterfeit products were manufactured by a common source and that Defendants are interrelated[,]" and, on information and belief, that "Defendants are in constant communication with each other[.]" (Id. at 6-10). The Complaint and attachments total only 20 pages, and those are the only allegations offered to establish a connection between all the defendants. Such conclusory and speculative statements, however, do not satisfy the principles described in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). Accordingly, Plaintiff is ordered to file a supplemental memorandum addressing the propriety of joinder by 11/1/23. Alternatively, by the same date, Plaintiff is granted leave to file an amended complaint with a smaller subset of defendants that includes specific allegations supporting joinder. 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 taken under advisement until the joinder issue is resolved. Emailed notice. 翻译
10/19/2023
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Exceed Page Limitation 9 is granted. Plaintiff is granted leave to file its 28-page ex parte motion for entry of a temporary restraining order 10 11 instanter. Emailed notice. 翻译
10/19/2023
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Under Seal 6 is granted. Schedule A to the Complaint 7 and Exhibit 2 to the Declaration of Christian Bayley 12 13 14 15 16 17 18 19 20 shall remain under seal. Emailed notice. 翻译
09/11/2023
SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 9 of Bayley Declaration 翻译
09/11/2023
SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 8 of Bayley Declaration 翻译
09/11/2023
SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 7 of Bayley Declaration 翻译
09/11/2023
SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 6 of Bayley Declaration 翻译
09/11/2023
SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 5 of Bayley Declaration 翻译
09/11/2023
SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 4 of Bayley Declaration 翻译
09/11/2023
SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 3 of Bayley Declaration 翻译
09/11/2023
SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 2 of Bayley Declaration 翻译
09/11/2023
SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 1 of Bayley Declaration 翻译
09/11/2023
MEMORANDUM by Roblox Corporation in support of motion for temporary restraining order, 10 翻译
附件：
1:Declaration Bayley Declaration
2:Exhibit 1
3:Declaration Hierl Declaration
4:Exhibit Hierl Exhibit 1
5:Exhibit Hierl Exhibit 2
6:(Exhibit Hierl Exhibit 3)
09/11/2023
MOTION by Plaintiff Roblox Corporation for temporary restraining order 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 翻译
09/11/2023
MOTION by Plaintiff Roblox Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation 翻译
09/08/2023
MOTION by Plaintiff Roblox Corporation to seal document Plaintiff's Motion for Leave to File Under Seal 翻译
09/08/2023
COMPLAINT filed by Roblox Corporation; Jury Demand. Filing fee $ 402, receipt number AILNDC-21023763. 翻译
附件：
1:Exhibit 1
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