最近更新：2024-12-25
2023-cv-14925
| 日期 | 描述 |
|---|---|
| 02/06/2024 | MAILED trademark report with certified copy of minute order dated 1/12/2024 to Patent Trademark Office, Alexandria VA. |
| 02/06/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 02/06/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA. |
| 01/28/2024 | MINUTE entry before the Honorable John F. Kness: The motion 91 of Defendant Liberty Brands, US for sanctions is denied, for two reasons: first, Defendant has failed to comply with this Court's motions policy, which requires that each motion state whether it is agreed or opposed; and second, because Defendant's one-sentence motion provides no analysis in support of its motion. See Rock Hemp Corp. v. Dunn, 51 F.4th 693, 704 (7th Cir. 2022) ("Seventh Circuit precedent is clear that perfunctory and undeveloped arguments, as well as arguments that are unsupported by pertinent authority, are waived." (cleaned up)). Mailed notice |
| 01/22/2024 | MOTION by Defendant liberty brands for sanctions, fees, and bond |
| 01/12/2024 | MINUTE entry before the Honorable John F. Kness: The unopposed motion 87 of Defendant Joyin Direct to withdraw its answer 85 is granted (and although counsel's apology "for the imposition on the Court's time" is both professional and worthy of respect, no apology is needed). Plaintiff has filed a "Notice of Voluntary Dismissal" 89 as to all remaining Defendants. Because the Notice of Voluntary Dismissal was filed before the opposing parties served either an answer or a motion for summary judgment, the case is dismissed without prejudice consistent with the terms of the Notice and by operation of Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). Each remaining party is to bear its own fees and costs. All pending motions are dismissed as moot. Civil case terminated. Mailed notice. |
| 01/11/2024 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal Without Prejudice of All Remaining Defendants |
| 01/11/2024 | letter by good win requesting hearing |
| 01/10/2024 | MOTION by Defendant Joyin Direct to withdraw answer to complaint[85] |
| 01/10/2024 | MOTION by Defendant Ria Christie Collections for extension of time to file answer regarding complaint[1] or otherwise respond (Opposed) 附件： 1:Exhibit A Extension Request Emails |
| 01/10/2024 | ANSWER to Complaint with Jury Demand by Joyin Direct |
| 01/09/2024 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Defendant No. 12 |
| 01/09/2024 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 01/09/2024 | ATTORNEY Appearance for Defendant Costume King by David Randolph Bennett |
| 01/09/2024 | ATTORNEY Appearance for Defendant Costume King by Steven G Kalberg |
| 01/05/2024 | MINUTE entry before the Honorable John F. Kness: Motion by counsel for leave to appear pro hac vice [76] is granted. Mailed notice. |
| 01/03/2024 | RESPONSE by Moru Studio in Opposition to Motion for Entry of a Preliminary Injunction [60] |
| 01/02/2024 | RESPONSE by Gem Waresin Opposition to MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction [60] (Lawson, Ibituroko-Emi Lawson) |
| 01/02/2024 | ATTORNEY Appearance for Unknown Gem Wares by Ibituroko-Emi Lawson Lawson (Lawson, Ibituroko-Emi Lawson) |
| 01/02/2024 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21480682. (Lawson, Ibituroko-Emi Lawson) |
| 01/02/2024 | RESPONSE by good winin Opposition to MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction [60] 附件： 1:Declaration in support |
| 01/02/2024 | RESPONSE by Rosa Leein Opposition to MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction [60]. |
| 12/29/2023 | RESPONSE by Laxmi Groverin Opposition to MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction [60]. (Exhibits) |
| 01/02/2024 | CERTIFICATE of Service Proof of Service by William Benjamin Kalbac on behalf of Emoji Company GmbH |
| 01/02/2024 | ATTORNEY Appearance for Defendant good win by Cory Jay Rosenbaum |
| 01/02/2024 | ATTORNEY Appearance for Defendant good win by Leslie Rafalli Gillis |
| 12/28/2023 | RESPONSE by Ria Christie Collectionsin Opposition to MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction [60] 附件： 1:Exhibit List 2:Exhibit A Email from Fruggo Marketplace to Ria Christie Collections December 6, 3:Exhibit B Email from Ria Christie Collections to Luis Figueroa December 6, 2023 4:Exhibit C Email from Ria Christie Collections to Luis Figueroa December 7, 2023 5:Exhibit D Email from Ria Christie Collections to Luis Figueroa December 8, 2023 6:Exhibit E Email and Invoices from Ria Christie Collections to Luis Figueroa Dece 7:Exhibit F Correspondence from Ria Christie Collections' Counsel to Plaintif |
| 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. |
| 12/27/2023 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [60] for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all remaining 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 on or before 1/2/2024." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders entering and extending the temporary restraining order ("TRO"), the TRO is further extended to and including the date on 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 FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice |
| 12/21/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 160 |
| 12/21/2023 | ATTORNEY Appearance for Defendant Ria Christie Collections by Steven G Kalberg |
| 12/21/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 186 |
| 12/21/2023 | SUMMONS Returned Executed by Emoji Company GmbH as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 12/20/2023, answer due 1/10/2024. |
| 12/20/2023 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[60] |
| 12/20/2023 | MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction[60] |
| 12/20/2023 | MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 12/20/2023 | Amended Schedule A by Emoji Company GmbH |
| 12/20/2023 | SUMMONS Issued as to Argofield and all other Defendants identified in the Complaint |
| 12/20/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Certain Defendants ( |
| 12/19/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Certain Defendants |
| 12/18/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Certain Defendants |
| 12/18/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No.73 |
| 12/18/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 130, 188 |
| 12/15/2023 | ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 12/15/2023. Mailed notice. |
| 12/15/2023 | MINUTE entry before the Honorable John F. Kness: For the reasons that follow, as well as those provided in the accompanying order addressing Plaintiff's motion [31] to extend the existing TRO, the motion is granted in part except as to Defendant Nos. Nos. 40 "Amanda Creation", 99 "JoyinDirect", 107 "Kitchenatics", 114 "Liberty Brands US", 163 "SMJ Designs", and 198 "What America Buys". The motion [45] of Defendant No. 198 ("What America Buys") to dissolve the TRO is dismissed as moot in view of that Defendant's having been voluntarily dismissed by Plaintiff. The motion [47] of Defendant No. 40 ("Amanda Creation") to dissolve the asset restraint is granted for the reasons provided in Def. No. 40's motion and brief. In addition, the TRO is dissolved as to Defendant No. 40 ("Amanda Creation"). That action is without prejudice to Plaintiff's seeking a preliminary injunction as to Defendant No. 40 ("Amanda Creation"). Enter separate order extending TRO. Mailed notice. |
| 12/15/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 163 |
| 12/15/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 83 |
| 12/14/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Certain Defendants |
| 12/14/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 107 |
| 12/13/2023 | MOTION by Defendant Amanda Creation, LLCTermination of Assets Restraint 附件： 1:Exhibit Amazon communiction showing descriptor. 2:Exhibit USPTO Reg 5406332 |
| 12/13/2023 | ATTORNEY Appearance for Defendant Amanda Creation, LLC by Steven Weigler |
| 12/13/2023 | MOTION by Defendant what america buysto dissolve tro 附件： 1:Declaration in support |
| 12/13/2023 | ATTORNEY Appearance for Defendant what america buys by Cory Jay Rosenbaum |
| 12/13/2023 | ATTORNEY Appearance for Defendant what america buys by Leslie Rafalli Gillis |
| 12/12/2023 | ATTORNEY Appearance for Defendant Joyin Direct by David Randolph Bennett |
| 12/12/2023 | MINUTE entry before the Honorable John F. Kness: The hearing [37] set for 12/13/23 remains an in-person hearing, but attorney David Silver was permitted to appear telephonically [40]. The following dial-in information is to be used: call-in number 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice. |
| 12/11/2023 | MINUTE entry before the Honorable John F. Kness: Attorney David Silver's motion [39] for leave to appear telephonically at the hearing scheduled [37] for 12/13/2023 is granted, reluctantly and for the 12/13/2023 hearing only. At that hearing, counsel should be prepared to explain why he filed an appearance form [30] that bears a local business address, when, in fact, counsel is physically located in Nevada but practices under a California law license. More generally, counsel is reminded that remote appearances do not occur by right. To the extent counsel may assert that it would be unfair to require him to appear in person at future hearings in this Court, counsel is reminded that he elected to file an appearance in a case pending in the Northern District of Illinois. Mailed notice |
| 12/11/2023 | MOTION by Defendant Veskaoty for leave to appear as TELEPHONICALLY AT HEARING REGARDING PLAINTIFF'S EX PARTE MOTION TO EXTEND THE TEMPORARY RESTRAINING ORDER |
| 12/11/2023 | ATTORNEY Appearance for Defendant Joyin Direct by Timothy Tiewei Wang |
| 12/08/2023 | MINUTE entry before the Honorable John F. Kness: An in-person Motion Hearing on plaintiff's motion for extension of time [31] is set for 12/13/2023 at 09:30 a.m. in Courtroom 2125. Mailed notice. |
| 12/08/2023 | letter requesting a hearing by liberty brands |
| 12/07/2023 | RESPONSE by liberty brandsin Opposition to MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order [31] 附件： 1:Declaration in support |
| 12/06/2023 | Letter regarding Ex Parte TRO Extension by Veskaoty and Requesting a Briefing Schedule or Hearing |
| 12/06/2023 | Letter regarding TRO extension requested by Plaintiff by liberty brands |
| 12/06/2023 | SURETY BOND in the amount of $ 10,000 posted by Emoji Company GmbH. (Document not imaged) |
| 12/06/2023 | MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order |
| 12/05/2023 | ATTORNEY Appearance for Defendant Veskaoty by David Silver |
| 12/05/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 154 |
| 12/04/2023 | ATTORNEY Appearance for Defendant liberty brands by Leslie Rafalli Gillis |
| 12/04/2023 | ATTORNEY Appearance for Defendant liberty brands by Cory Jay Rosenbaum |
| 12/01/2023 | NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 143 |
| 11/27/2023 | SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 11/27/2023. |
| 11/27/2023 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 6, motion for leave to file excess pages 9, and ex parte motion for a temporary restraining order and other relief 10 are granted. Plaintiff's submissions (e.g., Dkt. 11) 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 for now file under seal the documents identified in the motion to seal and appearing at docket entries 7 and 12 through 22. 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 (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 and infringing 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. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will 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. The disabling of internet stores is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice |
| 10/17/2023 | Notice of Claims Involving Trademarks by Emoji Company GmbH |
| 10/17/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 11 of Reiter Declaration |
| 10/17/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 10 of Reiter Declaration |
| 10/17/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 9 of Reiter Declaration |
| 10/17/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 8 of Reiter Declaration |
| 10/17/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 7 of Reiter Declaration |
| 10/17/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 6 of Reiter Declaration |
| 10/17/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 5 of Reiter Declaration |
| 10/17/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 4 of Reiter Declaration |
| 10/17/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 3 of Reiter Declaration |
| 10/17/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 2 of Reiter Declaration |
| 10/17/2023 | SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 1 of Reiter Declaration |
