2021-cv-01072 AI分析
07/08/2021
MAILED Trademark report to Patent Trademark Office, Alexandria VA. 翻译
附件：
1:(Closing Minute Entry dated 7/7/2021)
07/07/2021
FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 07/07/2021. Emailed notice 翻译
07/07/2021
MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for entry of default judgment order 24 is granted in part. As explained in the order, the total damages award is $30,000 per Defendant. A permanent injunction will be entered as well. A separate AO-450 judgment shall be entered. The tracking status hearing of 07/09/2021 is vacated. Civil case terminated. Emailed notice 翻译
06/23/2021
MEMORANDUM by XYZ Corporation in support of motion for default judgment, motion for entry of default, motion for permanent injunction, 24 翻译
附件：
1:Declaration in Support of Motion
06/23/2021
MOTION by Plaintiff XYZ Corporation for default judgment as to all Defendants, MOTION by Plaintiff XYZ Corporation for entry of default as to all Defendants, MOTION by Plaintiff XYZ Corporation for permanent injunction as to all Defendants 翻译
附件：
1:Exhibit 1 - Schedule A
06/03/2021
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 06/03/2021. Emailed notice 翻译
06/03/2021
MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for preliminary injunction 18 is granted, in light of the circumstances that justified the entry of the TRO. With the answer deadline of 06/22/2021, the tracking status hearing of 06/04/2021 is reset to 07/09/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a joint initial status report by 06/26/2021. Any Defendant that does not answer on time is deemed to be in default after the answer deadline. The Plaintiff shall file a motion for default judgment, if appropriate, by 06/26/2021 against any defaulting defendants. The Clerk shall unseal all the filings, including the amended complaint, R. 5, and the Amended Schedule A, R. 7. The Clerk shall substitute Gearbox Software, LLC in the case short title as the Plaintiff. Emailed notice 翻译
06/01/2021
SUMMONS Returned Executed by XYZ Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/1/2021, answer due 6/22/2021. 翻译
附件：
1:Declaration of Service
06/01/2021
MEMORANDUM by XYZ Corporation in support of motion for preliminary injunction 18 翻译
附件：
1:Declaration in Support of Motion
05/21/2021
SURETY BOND in the amount of $ 10,000.00 posted by XYZ Corporation. (Document not imaged) 翻译
05/07/2021
REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/07/2021. Emailed notice 翻译
05/14/2021
MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion on the TRO 14 is granted, given the continued applicability of the circumstances that justified entry of the initial TRO. The TRO is extended through 06/04/2021. The tracking status hearing of 05/21/2021 is reset to 06/04/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a preliminary injunction motion, if warranted, by 06/01/2021, or otherwise file a status report by the same deadline. Emailed notice 翻译
05/14/2021
SEALED MOTION by Plaintiff XYZ Corporation to Extend the Temporary Restraining Order 翻译
附件：
1:Supplement Memorandum in Support
2:Declaration of Ann Marie Sullivan
05/11/2021
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A 翻译
05/07/2021
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/07/2021. Emailed notice 翻译
05/07/2021
MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 8 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. Also, joinder of the Defendants in Amended Schedule A appears to be proper: the narrowed set of Defendants sell the same item, with the same design, and present the same unique advertising text (including the number and content of specific Overview notes). The Plaintiff's motion 4 for leave to file under seal is granted in light of the asset-restraint goal. By 05/14/2021, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion 10 for electronic service of process is granted. Bond is set at $10,000. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 05/21/2021 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 05/14/2021. Emailed notice 翻译
02/25/2021
MEMORANDUM motion for miscellaneous relief 10 by XYZ Corporation 翻译
附件：
1:Declaration of Ann Marie Sullivan and Exhibits)(Sullivan, Ann Marie
02/25/2021
MOTION by Plaintiff XYZ Corporation For Service of Process by E-mail and/or Electronic Publication (Sullivan, Ann Marie) 翻译
02/25/2021
SEALED DOCUMENT by Plaintiff XYZ Corporation Memorandum in Support of Motion for Temporary Restraining Order 翻译
附件：
1:Declaration of Paul Varley
2:Exhibit 1
3:Exhibit 2
4:Exhibit 3)(Sullivan, Ann Marie
02/25/2021
SEALED MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order (Sullivan, Ann Marie) 翻译
02/25/2021
SEALED EXHIBIT by Plaintiff XYZ Corporation Exhibit 3 - Amended Schedule A regarding sealed document 5 翻译
02/25/2021
ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) 翻译
02/24/2021
CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. 翻译
02/24/2021
SEALED DOCUMENT by Plaintiff XYZ Corporation Amended Complaint 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3 - Schedule A
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