2023-cv-15781 AI分析
05/03/2024
DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Jeffrey I Cummings on 5/3/2024. Mailed notice 翻译
05/03/2024
MINUTE entry before the Honorable Jeffrey I Cummings: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, plaintiff's 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 marks irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $100,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice 翻译
04/11/2024
CERTIFICATE of Service by Plaintiff Toho Co., Ltd. regarding set motion and R&R deadlines/hearings, 38 翻译
04/11/2024
MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion 36 for entry of default and default judgment against defendant. The defendant has failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 4/22/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon defendant within one business day of its entry on the docket and must promptly file proof of that service.Mailed notice 翻译
04/09/2024
MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment[36] 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Declaration of Keith A. Vogt
04/09/2024
MOTION by Plaintiff Toho Co., Ltd. for default judgment as to The Defendants Identified In Amended Schedule A 翻译
03/27/2024
NEW PARTIES: A Ron Hall, Aaron Strayhand, Aleksandr Kuznetsov, Aleksandr Maksimov, Argo, BraThompson, Brian Whelan, Bruno Maia, cando - hermano Mata, ClairThompson, Clara Shih, Cracklez, Cristian Martinez, Cristobal Ojeda Newfren, DaviPhillips, Doom Doom, Emma Huang, Eric Gordon, F23, Gaurav Misra, Gaurav Sinha, George Abraham, Gonalo Oliveira, Guilherme Gonalves, Iain Scott, Igor Sales, Imrul Kayes, Imtiyaz Ahmed, Irwan Sutrisno, Ivan Coccia, Ivan Ramirez, Jeremy Smith, Katarzyna Zapart, Katya Dorokhina, Marcos Cordero, Mike Karolos, molekapi, Okechukwu Umerah, Slava Kornilov, spoon tar, Stefano K, STUDIO SAWORL, Tring Tee, Victoria Kuznetsova, Vishnu M Nair and Xuan Le added to case caption. 翻译
03/26/2024
PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeffrey I Cummings on 3/26/2024. Mailed notice 翻译
03/26/2024
MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction 29 is granted. Plaintiff's filings establish that it 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 goods. Plaintiff has also certified and established that it provided electronic notice to defendants of the pendency of this action and the motion, 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 Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. The 4/15/24 tracking status hearing is stricken and re-set to 5/20/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice 翻译
03/06/2024
MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction 29. In connection with that motion, plaintiff must 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 by or before March 12, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon 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 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. Mailed notice 翻译
03/05/2024
SUMMONS Returned Executed by Toho Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/5/2024, answer due 3/26/2024. 翻译
附件：
1:Declaration of Service
03/05/2024
MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction[29] 翻译
附件：
1:Declaration of Keith A. Vogt
2:Exhibit 1, of Keith A. Vogt's declaration
02/23/2024
MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to extend the TRO 27 is granted. The TRO entered on 2/13/24 24 is extended to 3/12/24. The 3/18/24 tracking status hearing is stricken and re-set to 4/15/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice 翻译
02/22/2024
MOTION by Plaintiff Toho Co., Ltd. for extension of time for Temporary Restraining Order [24] 翻译
02/14/2024
SUMMONS Issued as to Defendant "A Ron Hall and all otherDefendants identified in the Complaint" (jcc,) 翻译
02/13/2024
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Jeffrey I Cummings on 2/13/2024 翻译
02/13/2024
MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file under seal [10], ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process [12] are granted solely as to the defendants listed on plaintiff's Amended Schedule A [20]. Plaintiff's submissions 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 file under seal the documents identified in the motion to seal. 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, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows 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 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing is set for 3/18/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice 翻译
02/13/2024
MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. On or before 4/15/24, the parties shall file a joint initial status report in accordance with the template available on the Court's website under the case management procedure titled "Initial Status Report for Newly Filed Cases." The parties shall also review all of the case management procedures and standing orders available on the Court's website. Initial tracking status hearing set for 4/26/24 at 9:00 a.m. to track the case only (no appearance is required and the case will not be called). Instead, the Court will review the parties' joint initial status report and enter further orders as appropriate. Mailed notice 翻译
02/05/2024
SEALED EXHIBIT by Plaintiff Toho Co., Ltd. [Amended] Sealed Exhibit 2, Declaration of Koji Ueda regarding memorandum in support of motion, 13, sealed document 20, exhibit, 14 翻译
附件：
1:Exhibit 2-1
2:Exhibit 2-2
3:(Exhibit 2-3)
02/05/2024
SEALED DOCUMENT by Plaintiff Toho Co., Ltd. [Amended] Schedule A to Complaint 1 and Schedule A 2 翻译
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
11/29/2023
MEMORANDUM Establishing that Joinder is Proper 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Declaration of Offer Shlomi
5:Exhibit 1, of Offer Shlomi's declaration
6:(Declaration of Todd Richards)
11/16/2023
MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file excess pages 11 is granted. Plaintiff's motion for leave to file under seal 10 and plaintiff's motion for temporary restraining order 12 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 200 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 11/29/23, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Mailed notice 翻译
11/09/2023
SEALED EXHIBIT by Plaintiff Toho Co., Ltd. Sealed Exhibit 2, Declaration of Koji Ueda regarding memorandum in support of motion, 13 翻译
附件：
1:Exhibit 2-1
2:Exhibit 2-2
3:Exhibit 2-3
4:Exhibit 2-4
5:Exhibit 2-5
6:Exhibit 2-6
7:(Exhibit 2-7)
11/09/2023
MEMORANDUM in support of 12 Exparte motion 翻译
附件：
1:Declaration of Keith A. Vogt
2:Exhibit 1-4, of Keith A. Vogt's declaration
3:Declaration of Koji Ueda
4:(Exhibit 1, of Koji Ueda's declaration)
11/09/2023
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
11/08/2023
CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). 翻译
11/08/2023
COMPLAINT filed by Toho Co., Ltd.; Filing fee $ 402, receipt number AILNDC-21311222. 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
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