2021-cv-05492 AI分析
01/25/2023
MINUTE entry before the Honorable Manish S. Shah: Pursuant to the notice of voluntary dismissal, the case between Plaintiff and Defendant dealzEpic is dismissed with prejudice, with the parties to bear their own fees and costs. All pending motions are terminated as moot. Terminate civil case. 翻译
12/29/2022
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 12/29/2022: Mailed notice. 翻译
11/15/2022
REPLY by The Hebrew University of Jerusalem to response in opposition to motion 75 to Dismiss Counterclaim 翻译
附件：
1:(Exhibit 1)(Sullivan, Ann Marie)
11/01/2022
RESPONSE by dealzEpicin Opposition to MOTION by Plaintiff The Hebrew University of Jerusalem to dismiss for lack of jurisdiction and failure to state a claim 72 翻译
10/12/2022
MINUTE entry before the Honorable Manish S. Shah: Defendant shall respond to the motion to dismiss by 11/1/22 and plaintiff shall reply by 11/15/22. Discovery is not stayed, although the court may stay discovery after reviewing the parties' briefs. Notices mailed. 翻译
10/10/2022
MOTION by Plaintiff The Hebrew University of Jerusalem to dismiss for lack of jurisdiction and failure to state a claim 翻译
附件：
1:(Exhibit A-D)
08/09/2022
DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 8/9/2022. Notices mailed. 翻译
08/09/2022
MINUTE entry before the Honorable Manish S. Shah: No defendants at issue in the motion have appeared to object to the motion for entry of default judgment. The motion [47] is granted. Based on the evidence submitted in support of the temporary restraining order and the admission of liability by virtue of the default, plaintiffs have established that a permanent injunction should be entered. The infringement of plaintiff's intellectual property irreparably harms plaintiff and confuses the public. The infringement was willful and statutory damages are awarded. But 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, the value of the plaintiff's brands, the need to deter infringement that is easily committed and difficult to stop, and the permissible fair non-trademarked uses of the name Albert Einstein, the court concludes that $10,000 (total, for both theories) is an appropriate award of statutory damages. Enter Default Judgment Order. Notices mailed. 翻译
08/01/2022
MEMORANDUM Opinion and Order. Signed by the Honorable Manish S. Shah on 8/1/2022: DealzEpic's motion to dismiss, 34, is granted. Plaintiff's claims against dealzEpic are dismissed with prejudice. By August 15, 2022, the parties shall file a joint status report addressing whether dealzEpic intends to continue to pursue its counterclaims and if so, proposing a discovery schedule. The court will set deadlines for any petition for fees after entry of judgment. [For further detail see attached order.] Notices mailed. 翻译
04/18/2022
MOTION by Attorney Sofia Quezada to withdraw as attorney for The Hebrew University of Jerusalem. No party information provided 翻译
03/22/2022
REPLY by Defendant dealzEpic to Motion to Dismiss for Failure to State a Claim 34 翻译
附件：
1:Exhibit A
2:(Exhibit B)
03/14/2022
NOTICE of Voluntary Dismissal by The Hebrew University of Jerusalem with leave to reinstate as to certain Defendants 翻译
03/14/2022
NOTICE of Voluntary Dismissal by The Hebrew University of Jerusalem as to certain Defendants 翻译
03/08/2022
RESPONSE by The Hebrew University of Jerusalemin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant dealzEpic (opposed motion) 34 (Sullivan, Ann Marie) 翻译
03/03/2022
RESPONSE by dealzEpicin Support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant dealzEpic (opposed motion) 34 翻译
03/03/2022
MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for an extension of time 55 is granted. The court agrees that the harm from plaintiff's counsel's approach to moving to strike a motion to dismiss without responding to the merits should not fall onto the client under the circumstances; and defendant suffers no prejudice from a short delay in the merits briefing. Plaintiff's response to the motion to dismiss is due 3/8/22 and defendant's reply is due 3/22/22. Notices mailed. 翻译
03/02/2022
MOTION by Counter Defendant The Hebrew University of Jerusalem, Plaintiff The Hebrew University of Jerusalem for extension of time to file response/reply 翻译
03/02/2022
MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion to strike 52 is denied. Although defendant dealzEpic filed its motion to dismiss a few days after the apparent deadline to respond to the complaint, the delay was harmless to plaintiff. Plaintiff did not seek an order of default against dealzEpic, see 47, even though plaintiff well knew the timing of dealzEpic's appearance. Plaintiff has waited months to raise the timeliness issue and has not responded to the merits of dealzEpic's motion to dismiss. The delays in addressing the merits of plaintiff's claim (which is the point of a deadline to answer or respond to a complaint) fall on plaintiff, not dealzEpic. Motions to strike are disfavored, and without a showing of any prejudice to plaintiff from the few days that passed between 12/6/21 and 12/10/21, the court declines to strike defendant's motion. The preference is to resolve cases on the merits, not on technical defaults. The court also declines to strike dealzEpic's counterclaim. To the extent the counterclaim is redundant, that causes no prejudice to plaintiff. Plaintiff has decided not to file a timely response to the motion to dismiss, forfeiting any arguments in opposition. Defendant's reply remains due 3/15/22 (although there are no arguments to reply to), and the court will rule on the motion by cm/ecf. Notices mailed. 翻译
03/01/2022
MEMORANDUM by The Hebrew University of Jerusalem in support of motion to strike 52 defendant dealzEpic's Motion to Dismiss 34 and Counterclaim 39 翻译
附件：
1:Declaration of Alison K. Carter
2:Exhibit 1
3:(Exhibit 2)
03/01/2022
MOTION by Plaintiff The Hebrew University of Jerusalem to strike MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant dealzEpic (opposed motion) 34, counterclaim 39 翻译
02/07/2022
MINUTE entry before the Honorable Manish S. Shah: Plaintiff's response to dealzEpic's motion to dismiss is now due 3/1/2022, and defendant's reply is due 3/15/2022. This schedule gives the parties enough time to exhaust settlement efforts before briefing. 翻译
01/20/2022
MINUTE entry before the Honorable Manish S. Shah: The motion for default judgment is entered and continued. If plaintiff and remaining defendant dealzEpic are unable to settle and if the parties brief dealzEpic's pending motion to dismiss, the court's resolution of that motion may affect its assessment of statutory damages against defaulting defendants. The court will resolve the motion for default judgment after dealzEpic's motion is resolved (either by settlement or a ruling on the merits). Notices mailed. 翻译
01/19/2022
MEMORANDUM by The Hebrew University of Jerusalem in support of motion for entry of default, motion for default judgment, 47 翻译
附件：
1:Declaration of Ann Marie Sullivan
01/19/2022
MOTION by Plaintiff The Hebrew University of Jerusalem for entry of default as to all Defendants with the exception of dealzEpic, MOTION by Plaintiff The Hebrew University of Jerusalem for default judgment as to all Defendants with the exception of dealzEpic 翻译
附件：
1:Exhibit 1 - Amended Schedule A
01/17/2022
NOTICE of Voluntary Dismissal by The Hebrew University of Jerusalem with prejudice as to certain Defendants 翻译
01/17/2022
NOTICE of Voluntary Dismissal by The Hebrew University of Jerusalem as to a certain Defendant 翻译
01/05/2022
MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time to file response/reply 43 is granted. Briefing the motion to dismiss 34 is stayed pending settlement discussions. The parties shall file a status report on 2/7/22, and if they have not resolved the case, they should expect the court to set short deadlines to complete briefing on the motion. Notices mailed. 翻译
01/04/2022
MOTION by Plaintiff The Hebrew University of Jerusalem for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim 34, counterclaim 39 翻译
12/30/2021
MINUTE entry before the Honorable Manish S. Shah: Plaintiff having voluntarily dismissed defendant Panther Print, the motion for more definite statement 31 is terminated as moot. 翻译
12/29/2021
NOTICE of Voluntary Dismissal by The Hebrew University of Jerusalem without prejudice as to certain Defendants 翻译
12/29/2021
NOTICE of Voluntary Dismissal by The Hebrew University of Jerusalem as to certain Defendants including Panther Print 翻译
12/15/2021
MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time to file 36 is granted. Plaintiff's response to the motion for a more definite statement is now due 12/28/21, and the court will terminate the motion as moot if the parties file a notice of dismissal before 12/28/21. Notices mailed. 翻译
12/15/2021
NOTICE of Voluntary Dismissal by The Hebrew University of Jerusalem as to certain Defendants 翻译
12/14/2021
MOTION by Plaintiff The Hebrew University of Jerusalem for extension of time to file response/reply 翻译
12/13/2021
MINUTE entry before the Honorable Manish S. Shah: Plaintiff's response to Defendant dealzEpic's motion to dismiss 34 is due 1/7/22 and defendant's reply is due 1/21/22. The court will rule by cm/ecf. Discovery between the parties is stayed (including of any expedited discovery requests related to dealzEpic). Notices mailed. 翻译
12/08/2021
NOTICE of Voluntary Dismissal by The Hebrew University of Jerusalem of Certain Defendants 翻译
12/07/2021
MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time to answer 30 is granted. Defendant PricklyCactusCollage's response to the complaint is now due 12/27/21. Plaintiff's response to defendant Panther Print's motion for more definite statement 31 is due 12/14/21. No reply is permitted unless requested by the court. Notices mailed. 翻译
12/06/2021
MOTION by Defendant PricklyCactusCollage for extension of time to file answer regarding complaint 1, sealed document 7 翻译
11/23/2021
NEW PARTIES: Derya Store, Dreaming Town Art Store Store, Enjoys Daily Life Store, Joke04 Store, KERR Store, lm553094 store, otoi Store, shop6598152 Store, Shop910334293 Store, Shop911739148 Store, WTQ Store, WY123 Store, WZTX11 Store, YYDIS ART Store, BAN ANN, Bryant 95, Credence Collections, DazzlingShine, fukungongyipindian, iKNOW CANVS, LooShow Clothing, Makrku Store, MIN TAEIL, Mundus Souvenirs, NOFICHE, Panther Print, Picture This Prints USA, Retreez USA, Sutera SardoStore, Suwenxia, Them40, Trendiclaps, Tribal T-Shirts UK, wangziqiangdage, weijia art, wondertrading, yuchao painting art, yuebao art, helly_777, dongzhiguangzhineng Store, Fashiondecor Store, Luo09 Store, alex528ru, cnc-punk, everythingfast, fungusamungus, indiancraftsvilla, into_vintage, labobtees, merkv, nguyeanhtua_7, sign.market, topitems4you, trthi_27, vanhtua-7, AenaonArtWork, AlexmosDesign, ArtCoStore, Audiba, BiWorkshop, blushpublishing, BoutiqueLumiere, BroMGoods, ClockworkUniverse, CroFactory, CUTITOUTWallGraphics, decalsst, designmolloydigital, DictionaryArtPageT, DreamsStudioDecals, ElysianWorkshop, FairiesPrintsShop, FamilyPoster, NotMuchToSay, Halfadonkey, HandicraftsBG, Jam, DivineDigitalPrints, LostPlotsShop, MadcapMugs, CoralKiwiSVG, MogPrint, JRDecal, nellyscustomart, NewLifeStudioUK, NewMediaGifts, pengcreation, PricklyCactusCollage, Quotype, ShearPrints, StudioSock, TeeTeeUK, ThalassaStudios, TheBookwormPrints, TheChemistTree, ThePotBank, ThisIsAmbassador, THORCHA, Tribaltshirts, WallArtAust, Wishkaril, WonderwallPosters, 1976store, barashhxjssyt, bielvegfdt, Bonjour, caoyan74112, celebslover, CLEANTIK, Dawn Coleman, DEKSNK, depejfjqte, drtuy, Eldragonfly Barcelona, fdxd, fhueyuhwn, fsaa, hongrongxin, huibuhuinine, Jinyi Shanshan Lins, juicypaqnkxsi, KSOWD, LianyongliangjumSa, liliang1234, Lloyd Long, Lofun Zaitou Komping, LotusApparel, oagnio, RZ Business Inc., schmafrnckwiet, SellEverythings, siatochpa, Steve Anderson, wangli1583, wlgus0601, wuqiuzengqian, xiangmeng5642, Yanery Pants and yaoyanfang8888 added to case caption. 翻译
11/22/2021
PRELIMINARY INJUNCTION. Signed by the Honorable Manish S. Shah on 11/22/2021 Notices mailed. 翻译
11/22/2021
MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction 21 is granted. No defendant has appeared or objected to the motion. The evidence submitted in support of the TRO also supports the entry of a preliminary injunction. 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. Notices mailed. 翻译
11/16/2021
MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction must be properly filed by 11/18/21. Plaintiff must serve this docket entry on defendants. If no objections are filed, the motion will be considered unopposed. Notices mailed. 翻译
11/15/2021
SUMMONS Returned Executed by The Hebrew University of Jerusalem as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/15/2021, answer due 12/6/2021. 翻译
附件：
1:Declaration of Service
11/15/2021
MEMORANDUM by The Hebrew University of Jerusalem in support of motion for preliminary injunction 21 翻译
附件：
1:Declaration in Support of Memorandum
11/03/2021
MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 19 is granted. The TRO is extended to 11/19/21. The court expects plaintiff to serve defendants and give notice of any motion for a preliminary injunction by 11/15/21. Notices mailed. 翻译
11/02/2021
MOTION by Plaintiff The Hebrew University of Jerusalem for extension of time of Temporary Restraining Order 翻译
附件：
1:Supplement Memorandum in Support
2:Declaration of Ann Marie Sullivan
10/26/2021
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A. 翻译
10/22/2021
BOND in the amount of $ $50,000.00 cashier check, posted by The Hebrew University of Jerusalem 翻译
10/22/2021
SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 10/22/2021. Notices mailed. 翻译
10/22/2021
MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions for a temporary restraining order, asset restraint, and expedited discovery 11, and electronic service of process 14 are granted. The 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. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable, and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property and causes consumer confusion. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. The court declines to enter an order shutting down domain names because plaintiff does not identify any domain name operated by a defendant to sell infringing goods, and shutting down an entire website (likely used to sell goods that are not infringing of plaintiff's works) is too harmful to a defendant. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. Because plaintiff seeks to enjoin over 100 defendants, the court concludes that $50,000 is a sufficient amount to secure the injunction. The $50,000 security must be posted with the court within 7 days. Enter Sealed TRO. Notices mailed. 翻译
10/18/2021
MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion to file documents under seal and proceed under a pseudonym 5 is granted in part, denied in part. This court is not persuaded that plaintiff should hide its identity. This plaintiff has filed many cases in this district, so it is no secret that it files suits to protect its intellectual property. There is good reason to keep the list of defendants under seal so that those specific defendants don't evade plaintiff's efforts, but the public interest in knowing who is using the courts outweighs plaintiff's concern about counterfeiters generally, especially in this case where the plaintiff is a well-known litigant to the network of alleged counterfeiters. See [6-2] at 35-36, 58-59, 66-67. Many other plaintiffs file this type of case without concealing their identity before a TRO can issue, and those plaintiffs do not request anonymity. The clerk shall unseal the complaint 7 and exhibits [7-1] and [7-2]. But [7-3], Schedule A, must remain under seal until the court rules on the anticipated motion for a TRO. The clerk shall correct the caption to read The Hebrew University of Jerusalem as the plaintiff in this case. Notices mailed. 翻译
10/18/2021
ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) 翻译
10/15/2021
CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. 翻译
10/15/2021
SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3 - Schedule A
10/15/2021
MEMORANDUM by XYZ Corporation in support of motion for leave to file, motion for miscellaneous relief 5 翻译
附件：
1:Declaration in Support of Motion
2:Exhibit 1-7
10/15/2021
MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal, MOTION by Plaintiff XYZ Corporation to Temporarily Proceed Under a Pseudonym 翻译
10/15/2021
COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 402, receipt number 0752-18772956. 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3 - Schedule A
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