2023-cv-02814 AI分析
10/13/2023
SATISFACTION of Judgment as to defendant no. 74 Isave and defendant no. 112 Pricebreak-Deals 翻译
10/08/2023
SATISFACTION of Judgment as to defenfdant no. 55 Forward-Sell and defendant no. 160 Vovov4250 翻译
07/21/2023
MAILED Original Ten-Thousand-Dollar ($10,000) Surety Bond posted by plaintiff's counsel, Keith Vogt, Ltd. 33 West Jackson Boulevard, #2W Chicago, IL 60606, via certified mail #7019 2280 0000 0962 5612. 翻译
07/17/2023
DEFAULT FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 7/17/2023:Mailed notice 翻译
07/17/2023
ORDER: In the court's 6/26/2023 minute entry 36, it gave all defendants until 7/10/2023 to object to plaintiff's motion for entry of default and default judgment 34. No defendant has objected. The court therefore grants plaintiff's motion for entry of default and default judgment 34. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount specified in the order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors a permanent injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel, Keith Vogt, Ltd. 33 West Jackson Boulevard, #2W Chicago, IL 60606, via certified mail. Enter Default Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 7/17/2023. Mailed notice 翻译
07/13/2023
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 44, which seeks to voluntarily dismiss certain defendants under Rule 41(a)(1). Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants No. 108 Powerad_63; No. 117 Recovpro-45; No. 145 Toolspower; No. 121 Ruilong Direct; and No. 53 Findbig from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff has already filed an amended Schedule A 45. 翻译
07/10/2023
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal, 41, which seeks to voluntarily dismiss a number of defendants under Rule 41(a)(1). Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notices of voluntary dismissal as requests for leave to amend the pleadings under Rule 15(a)(2) by removing defendants No. 80 Justintimegifts; No. 63 Happyworkak; No. 101 Optimisticplan7; No. 149 Topmotorcycle16; No. 17 3C-Dealcity; No. 19 Alles_Top168; No. 20 Allfine2018; No. 21 Allthebest2021; No. 22 Allwellfrom2020; No. 32 Bossup2020; No. 33 Bulewind2018; No. 35 Changsheng2018; No. 37 Comix_0813; No. 38 Crazybattery1215; No. 39 Crown_Battery202; No. 46 Easyxun_All; No. 49 Everyyi_Good; No. 52 Fantai_8866; No. 59 Goodebuying; No. 60 Goodjob_2020; No. 67 Hiphpower2020; No. 69 Honesty2022; No. 72 Huifeng_Forever; No. 82 Leaderwolf06; No. 84 Lt -Daydayup; No. 87 Moonboat017; No. 89 Mryangfan888; No. 91 Niepan_Hot; No. 97 Onfine0183; No. 98 Onfine2016; No. 105 Pejoy1239; No. 107 Power_Storm; No. 113 Professionalsale; No. 116 Rainbow0310; No. 119 Rhighpower; No. 130 Storm_2018; No. 131 Superstar8966; No. 132 Swanstore2016; No. 133 Swanstore2017; No. 134 Tengda9511; No. 136 Thiss_Star; No. 137 Thiss0260; No. 138 Thiss169; No. 139 Thiss17815; No. 146 Top_Professional1997; No. 150 Topsaleforever; No. 151 Topsaleshop888; No. 152 Tornado_2018; No. 153 Tuoffuy2075; No. 154 Upsongdaren2021; No. 155 Upxingxing2021; No. 156 Vanyum_2018; No. 157 Vanyum; No. 158 Vanyum_Star2021; No. 162 Wishwishful2021; No. 164 Xinglong2018; No. 165 Xingyun_Lucky; No. 166 Yumseller; No. 167 Yun169; No. 168 Yunfm2020; No. 169 Yuntuo6415; No. 170 Zzauya9635 from the Schedule A form, see Taylor, 787 F.3d at 85758, and the court grants plaintiff leave to amend the pleadings. Plaintiff has already filed an amended Schedule A 42. Mailed notice 翻译
06/30/2023
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal, 38, which seeks to voluntarily dismiss a number of defendants under Rule 41(a)(1). Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notices of voluntary dismissal as requests for leave to amend the pleadings under Rule 15(a)(2) by dropping these defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 7/7/2023 identifying the remaining defendants. No. 24 Battery_Shop_Uk; No. 43 Dsanker_Powerbest; No. 106 Power_Mart_Sydney; No. 1 Lumsingdirect; No. 2 Mingchuanghui; No. 8 Dasnite Direct; No. 10 Tuoxin Direct; No. 114 Pwellerstore; No. 9 Tai Jing Tech; No. 189 5ef64b6f29e7864480251851; No. 15 2019Nana; No. 23 Antrobutus; No. 25 Batteryengineer; No. 26 Batteryexpert2016; No. 27 Batterymall2018; No. 28 Battery specialist; No. 41 Dooobest; No. 42 Doscott; No. 45 Eagglewtek; No. 47 Eeptop; No. 48 Enegitechus; No. 50 Expertpow; No. 51 Eztrade2World; No. 65 Hffytek; No. 88 Mopow8; No. 90 Mudatech; No. 110 Powerstation1; No. 147 Topbatt_2016 terminated. 翻译
06/26/2023
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 32, which seeks to voluntarily dismiss defendants No. 100 Oolongly; No. 135 Thesiliconvalley; and No. 161 Whizzohead under Rule 41(a)(1). Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants No. 100 Oolongly; No. 135 Thesiliconvalley; and No. 161 Whizzohead from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 6/29/2023 identifying the remaining defendants. Oolongly5, Thesiliconvalley, and Whizzohead terminated. 翻译
06/26/2023
MINUTE entry before the Honorable Martha M. Pacold: The court takes plaintif''s motion for entry of default and default judgment 34 under advisement. Any defendant objecting to plaintiff's motion for entry of default and for default judgment 34 must enter an appearance and file a written objection by 7/10/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. 翻译
06/23/2023
MEMORANDUM by Stanley Black & Decker, Inc., The Black & Decker Corporation in support of motion for default judgment 34 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:(Declaration of Keith A. Vogt)
06/23/2023
MOTION by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation for default judgment as to The Defendants Identified In The First Amended Schedule A 翻译
06/23/2023
First Amended Schedule A by Stanley Black & Decker, Inc., The Black & Decker Corporation 翻译
06/21/2023
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notices of dismissal, [29]; [30], which seeks to voluntarily dismiss a number of defendants under Rule 41(a)(1). Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notices of voluntary dismissal as requests for leave to amend the pleadings under Rule 15(a)(2) by dropping these defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 6/23/2023 identifying the remaining defendants. Defendants No. 95 Octoder; No. 4 Jialitt; No. 126 Singrysingry; No. 78 Joinly; No. 79 Jonyly; No. 163 Womeaq; No. 11 Xruokeji; No. 96 Oepartsmaster9; No. 12 Miady; No. 40 Crunchypineapple; No. 18 828Discounts; No. 62 Happydeal-Mall; No. 3 Heriskeer; No. 14 Dosctt-Us; No. 16 3600Memory; No. 29 Batteryworldmall666; No. 30 Batteryworldmall888; No. 75 Itistool; No. 83 Lixiangshenghuo522; No. 86 Memory1900World; No. 122 Shopfactoryauthorizedbattery; and No. 144 Toolsma-80 terminated. 翻译
06/11/2023
NEW PARTIES: Lumsingdirect, Mingchuanghui, Heriskeer, Jialitt, Glk-Shop, Gatcepot, Jyakli, Dasnite Direct, Tai Jing Tech, Tuoxin Direct, Xruokeji, Miady, Wakitt Direct, Dosctt-Us, 2019Nana, 3600Memory, 3C-Dealcity, 828Discounts, Alles_Top168, Allfine2018, Allthebest2021, Allwellfrom2020, Antrobutus, Battery_Shop_Uk, Batteryengineer, Batteryexpert2016, Batterymall2018, Batteryspecialist, Batteryworldmall666, Batteryworldmall888, Berrn3, Bossup2020, Bulewind2018, Cell-Plaza, Changsheng2018, Cheapreeferparts, Comix_0813, Crazybattery1215, Crown_Battery202, Crunchypineapple, Dooobest, Dosctt, Dsanker_Powerbest, Dwavau_51, Eagglewtek, Easyxun_All, Eeptop, Enegitechus, Everyyi_Good and Expertpow added to case caption. 翻译
06/12/2023
NEW PARTIES: 5D60D32A560Eca124063B3F7, 5De76F555D35F90400Bec331, 5E5F55503473451A00Db5E55, 5E5F64Bf4755Cc020625Cf28, 5E718D12Aa163A07C06E36Bb, 5E718E0Bce928C1B419C11Ff, 5E8E83F2052E6E087Cd1D961, 5Ee99D83Dc75330B8084192B, 5Ef64B6F29E7864480251851, 5F59Bf2C2E7F3D01599192A4, 5Fc207091D017826D4570D04, 6045D0272F032F603Fa33766, 607Ccec84Ca008A940D16298, 6177B1Ba83Ac8Cfe6Ff25027 and Batteryer added to case caption. 翻译
06/12/2023
NEW PARTIES: Praise-59, Pricebreak-Deals, Professionalsale, Pwellerstore, Quick-Port, Rainbow0310, Recovpro-45, Resiboqihu, Rhighpower, Rpell35, Ruilong_Direct, Shopfactoryauthorizedbattery, Shueysupplies, Shun4530, Shunan8888, Singrysingry, Sittthana-0, Smexea21, Soineed, Storm_2018, Superstar8966, Swanstore2016, Swanstore2017, Tengda9511, Thesiliconvalley, Thiss_Star, Thiss0260, Thiss169, Thiss17815, Tonybattery, Toolbarn, Toolbattery, Toolmall-Us, Toolsma-80, Toolspower, Top_Professional1997, Topbatt_2016, Topbatteryzone, Topmotorcycle16, Topsaleforever, Topsaleshop888, Tornado_2018, Tuoffuy2075, Upsongdaren2021, Upxingxing2021, Vanyum_2018, Vanyum, Vanyum_Star2021, Vitsat-75, Vovov4250, Whizzohead, Wishwishful2021, Womeaq, Xinglong2018, Xingyun_Lucky, Yumseller, Yun169, Yunfm2020, Yuntuo6415, Zzauya9635, 53Ae1F5Fd911396A51A1656A, 5809B6951556B06D868D2A54, 5938F261E81E8A3E0683Dfb9, 5A7B020B9Bda4E392D5E7Bba, 5Bac93Acb38B9F60A24D1432, 5Bbf0097B0D3F96Ac7449Aff, 5D044Fa4B82D8E314D8621D0, 5D3Ed892E13A7E16Fef3Bf7E, 5D53A67D40Defd7641466Be1 and 5D60A6C533F0B47B9F656Cc1 added to case caption. 翻译
06/12/2023
NEW PARTIES: Eztrade2World, Fantai_8866, Findbig, First-Battery, Forward-Sell, Fotf9649, Gardenlife1, Genuineprotection, Goodebuying, Goodjob_2020, Grenstonly, Happydeal-Mall, Happyworkak, Heat_Electrical, Hffytek, Hinorthocean5, Hiphpower2020, Homelink20, Honesty2022, Huatangzhu, Huatangzi, Huifeng_Forever, Iler-4517, Isave, Itistool, Jeremiagorciu_0, Jiraphiboont_0, Joinly, Jonyly, Justintimegifts, King-Dysontec, Leaderwolf06, Lixiangshenghuo522, Lt-Daydayup, Mad_Akku, Memory1900World, Moonboat017, Mopow8, Mryangfan888, Mudatech, Niepan_Hot, Hasas_83, New2021Shop, Nstraders, Octoder, Oepartsmaster9, Onfine0183, Onfine2016, Only1-Power, Oolongly5, Optimisticplan7, Out_Of_World, Ownfordyson, Paweboon_0, Pejoy1239, Power_Mart_Sydney, Power_Storm, Powerad_63, Powerbatterydeal and Powerstation1 added to case caption. 翻译
06/11/2023
NEW PARTIES: Lumsingdirect, Mingchuanghui, Heriskeer, Jialitt, Glk-Shop, Gatcepot, Jyakli, Dasnite Direct, Tai Jing Tech, Tuoxin Direct, Xruokeji, Miady, Wakitt Direct, Dosctt-Us, 2019Nana, 3600Memory, 3C-Dealcity, 828Discounts, Alles_Top168, Allfine2018, Allthebest2021, Allwellfrom2020, Antrobutus, Battery_Shop_Uk, Batteryengineer, Batteryexpert2016, Batterymall2018, Batteryspecialist, Batteryworldmall666, Batteryworldmall888, Berrn3, Bossup2020, Bulewind2018, Cell-Plaza, Changsheng2018, Cheapreeferparts, Comix_0813, Crazybattery1215, Crown_Battery202, Crunchypineapple, Dooobest, Dosctt, Dsanker_Powerbest, Dwavau_51, Eagglewtek, Easyxun_All, Eeptop, Enegitechus, Everyyi_Good and Expertpow added to case caption. 翻译
06/08/2023
ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 6/8/2023. Mailed notice. 翻译
06/08/2023
MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction 22. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction 22 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. 翻译
05/24/2023
MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 22 under advisement and will consider the motion unopposed if no defendant appears and objects by 6/7/2023. Plaintiff shall serve defendants with this notice. 翻译
05/23/2023
SUMMONS Returned Executed by Stanley Black & Decker, Inc., The Black & Decker Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/23/2023, answer due 6/13/2023. 翻译
附件：
1:(Declaration of Service)
05/23/2023
MEMORANDUM by Stanley Black & Decker, Inc., The Black & Decker Corporation in support of motion for preliminary injunction 22 翻译
附件：
1:Declaration of Keith A. Vogt
2:(Exhibit 1, of Keith A. Vogt's declaration)
05/23/2023
MOTION by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation for preliminary injunction Plaintiffs' Motion for Entry of a Preliminary Injunction 翻译
05/22/2023
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 20 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO 17 entered on 5/9/2023 is extended until 6/6/2023. 翻译
05/19/2023
MOTION by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation for extension of time of the Temporary Restraining Order 翻译
05/11/2023
SURETY BOND in the amount of $10,000 posted by Stanley Black & Decker, Inc., The Black & Decker Corporation (Document Not Scanned.) 翻译
05/10/2023
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A 翻译
05/09/2023
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 5/9/2023 翻译
05/09/2023
MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal 11, for electronic service of process, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 13 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to 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 revisit the asset freeze and joinder. Plaintiff's motion for leave to file excess pages 12 is also granted. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. Mailed notice 翻译
05/08/2023
SEALED EXHIBIT by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation Sealed Exhibit 2, Declaration of Adan Ayala regarding memorandum in support of motion, 14 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
8:Exhibit 2-8
9:Exhibit 2-9
10:(Exhibit 2-10)
05/08/2023
MEMORANDUM in support of 13 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 Adan Ayala
4:(Exhibit 1, of Adan Ayala's declaration)
05/08/2023
MOTION by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation for leave to file excess pages 翻译
05/08/2023
MOTION by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation for leave to file under seal 翻译
05/04/2023
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
05/04/2023
CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. 翻译
05/04/2023
ATTORNEY Appearance for Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation by Cameron Eugene Mcintyre 翻译
05/04/2023
ATTORNEY Appearance for Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation by Adam Grodman 翻译
05/04/2023
ATTORNEY Appearance for Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation by Yi Bu 翻译
05/04/2023
ATTORNEY Appearance for Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation by Yanling Jiang 翻译
05/04/2023
ATTORNEY Appearance for Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation by Keith A. Vogt 翻译
05/04/2023
SEALED DOCUMENT by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation Schedule A to Complaint (1) 翻译
05/04/2023
COMPLAINT filed by Stanley Black & Decker, Inc., The Black & Decker Corporation; Filing fee $ 402, receipt number AILNDC-20606798. 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)
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