最近更新:2024-12-25
更新

2020-cv-06303

Emoji Company GmbH v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

日期:12/04/2020

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
03/20/2023 SATISFACTION of Judgment
02/22/2022 ATTORNEY Appearance for Defendant asvgdghner by Shengmao Mu
01/21/2022 SATISFACTION of Judgment
01/13/2022 SATISFACTION of Judgment
12/22/2021 SATISFACTION of Judgment
12/16/2021 SATISFACTION of Judgment
10/14/2021 MINUTE entry before the Honorable John F. Kness: Defendant's Motion to withdraw its motion to dismiss [110] is granted. Accordingly, Defendant's Motion to dismiss [106] is voluntarily withdrawn. Mailed notice
10/08/2021 MOTION by Defendant Beauty-OR to withdraw
10/07/2021 SATISFACTION of Judgment
10/04/2021 SATISFACTION of Judgment
09/24/2021 MINUTE entry before the Honorable John F. Kness: The Court sets the following briefing schedule on Defendants' motion to dismiss [106]: Plaintiff must respond on or before 10/8/2021 and Defendants must reply on or before 10/15/2021. Within one week of filing, each side must provide two paper courtesy copies of their respective briefs to chambers via U.S. Mail or reliable commercial delivery service. Mailed notice
09/17/2021 MOTION by Plaintiffs Beauty-OR, YCYG-USAT to dismiss
09/17/2021 ATTORNEY Appearance for Plaintiffs Beauty-OR, YCYG-USAT by Lingzhi Zhao
08/03/2021 SATISFACTION of Judgment
07/20/2021 SATISFACTION of Judgment
06/04/2021 SATISFACTION of Judgment
05/12/2021 SATISFACTION of Judgment
04/30/2021 SATISFACTION of Judgment
04/27/2021 SATISFACTION of Judgment
04/19/2021 SATISFACTION of Judgment
04/07/2021 SATISFACTION of Judgment
04/06/2021 SATISFACTION of Judgment
04/01/2021 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
附件:
1:Closing Order dated 3/31/2021
03/31/2021 FINAL JUDGMENT ORDER: It is hereby ordered that judgment is entered in favor of Plaintiff EMOJI COMPANY GmbH and against all defendants identified in the attached First Amended Schedule A who have not otherwise been dismissed from this action. The ten thousand-dollar ($10,000) surety bond posted by Plaintiff, including any interest minus the registry fee, is hereby released to Plaintiff or its counsel, Hughes Socol Piers Resnick & Dym, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Plaintiff or its counsel. Signed by the Honorable John F. Kness on 3/31/2021. Mailed notice.
03/31/2021 ORDER: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 81 is granted. Because Defendants directly target their business activities toward consumers in the United States, including Illinois, this Court has personal jurisdiction over the Defendants. Am. Bridal & Prom Indus. Ass'n v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 192 F. Supp. 3d 924, 934 (N.D. Ill. 2016). Plaintiff has presented screenshot evidence that each Defendant Internet Store is reaching out to do business with Illinois residents by operating one or more commercial, interactive Internet Stores through which Illinois residents can and do purchase products using counterfeit versions of Plaintiff's Trademark. See, e.g., Dkt. 10-14. In addition, 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 is warranted. 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 not sought 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. All pending motions are dismissed as moot. Civil case terminated. Signed by the Honorable John F. Kness on 3/31/2021. Mailed notice.
03/30/2021 STATUS Report by Emoji Company GmbH
03/25/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
03/25/2021 MINUTE entry before the Honorable John F. Kness: Counsel for Plaintiff has sent an email to the courtroom deputy concerning the status of Plaintiff's pending motions for a preliminary injunction as well as for entry of a default judgment. Plaintiff is directed to file, on or before 3/30/2021, a status report explaining whether any defendants who have appeared in this action remain defendants (many defendants have been dismissed), as well as whether the preliminary injunction motion is still live given the pending motion for default judgment. If any non-defaulted defendants remain in the case, Plaintiff must explain why, under FRCP 54(b), there is no just reason to delay entry of final judgment as to one or more, but fewer than all, claims or parties. Mailed notice
03/24/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
03/23/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
03/19/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
03/18/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
03/17/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
03/15/2021 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 81 for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, 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 3/22/2021. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants forthwith. Mailed notice
03/12/2021 DECLARATION of Michael A. Hierl regarding motion for default judgment 81
附件:
1:Exhibit Hierl Exhibit 1
03/12/2021 MEMORANDUM by Emoji Company GmbH in support of motion for default judgment 81
附件:
1:Exhibit 1
2:Exhibit 2
03/12/2021 MOTION by Plaintiff Emoji Company GmbH for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A
03/12/2021 DECLARATION of William B. Kalbac Declaration of Service
03/12/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
03/10/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
03/05/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
03/04/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
02/25/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
02/24/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
02/23/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
02/23/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
02/19/2021 RESPONSE by DPBEST, ONELUCAin Opposition to MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction 24
02/16/2021 MINUTE entry before the Honorable John F. Kness: Plaintiff has voluntarily dismissed 65 Defendant Boshuo with prejudice. Accordingly, the motion to dismiss 36 of Defendant Boshuo is dismissed as moot. Also before the Court is Plaintiff's motion 24 for entry of a preliminary injunction. In connection with that motion, Plaintiff must 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 by 2/19/2021. Mailed notice
02/15/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
02/12/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
02/09/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
02/05/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
02/02/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
02/01/2021 ATTORNEY Appearance for Defendants DPBEST, ONELUCA by Tianyu Ju
02/01/2021 ATTORNEY Appearance for Defendants ONELUCA, DPBEST by Tao Liu
01/27/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
01/26/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
01/26/2021 MINUTE entry before the Honorable John F. Kness: Defendants' motion to withdraw its motion to enforce 57 is granted. Defendants' motion to enforce 54 is stricken as moot. Mailed notice
01/26/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
01/25/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
01/22/2021 MOTION by Defendants DECORA, DERAYEE, DIYASY to withdraw motion to enforce 54 Settlement Between Plaintiff and Defendants
01/22/2021 ATTORNEY Appearance for Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto by Shengmao Mu
01/22/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
01/22/2021 MOTION by Defendants DECORA, DERAYEE, DIYASY to enforce the agreed settlement between Plaintiff and Defendants
附件:
1:Exhibit 1
01/21/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
01/20/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
01/20/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
01/13/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
01/12/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
01/11/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
01/07/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
01/06/2021 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal
12/29/2020 SURETY BOND in the amount of $ 10,000.00 posted by Emoji Company GmbH (Document not scanned).
01/05/2021 ANSWER to Complaint with Jury Demand by All Life Long
附件:
1:Exhibit 1
01/05/2021 MINUTE entry before the Honorable John F. Kness: By agreement of the parties, Plaintiff has until January 27, 2021, to file its opposition to Defendant's motion to dismiss, (R. 36). Defendant then has until February 10, 2021, to file its reply thereto. Mailed notice (ma,)
01/03/2021 MINUTE entry before the Honorable John F. Kness: In light of the Notice of Withdrawal of Defendants Derayee, Diyasy and Decora's opposition to Plaintiff's motion for entry of a preliminary injunction, (R. 38), docket entry No. 35 is hereby stricken. Mailed notice (ma,)
01/02/2021 MINUTE entry before the Honorable John F. Kness: Defendant Boshuo's motion to dismiss is entered and continued. Defendant has not, as required by the Court's motions policy (available on the Court's webpage), stated whether the motion is opposed. Assuming that it is opposed, the Court's motions policy requires the parties to confer on a briefing schedule. On or before 1/8/2021, Defendant must confer with Plaintiff and then inform the Court whether the motion is opposed and, if so, propose a briefing schedule on the motion. Mailed notice (ma,)
12/24/2020 ATTORNEY Appearance for Defendant All Life Long by Tianyu Ju
12/24/2020 ATTORNEY Appearance for Defendant All Life Long by Tao Liu Liu, Tao
12/22/2020 MOTION by Defendants DECORA, DERAYEE, DIYASY to withdraw response in opposition to motion 35 for entry of a preliminary injunction
12/22/2020 MEMORANDUM by Boshuo in support of motion to dismiss/lack of jurisdiction 36 and improper service and opposition to Plaintiff's motion for entry of a preliminary injunction
12/21/2020 MOTION by Defendant Boshuo to dismiss for lack of jurisdiction and improper service
12/21/2020 RESPONSE by Boshuo, DECORA, DERAYEE, DIYASY in Opposition to MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction 24
12/18/2020 ATTORNEY Appearance for Defendants Boshuo, DECORA, DERAYEE, DIYASY by Andrew Jonathan Palmer Palmer, Andrew
12/18/2020 ATTORNEY Appearance for Defendants DECORA, DERAYEE, DIYASY by Tianyu Ju
12/17/2020 ATTORNEY Appearance for Defendants DERAYEE, DIYASY, DECORA by Tao Liu Liu, Tao
12/16/2020 ATTORNEY Appearance for Defendant Boshuo by Tianyu Ju
12/15/2020 ATTORNEY Appearance for Defendant Boshuo by He Cheng
12/15/2020 ATTORNEY Appearance for Defendant Boshuo by Tao Liu Liu, Tao
12/15/2020 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 12/15/2020, answer due 1/5/2021.
12/14/2020 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
12/09/2020 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 24 for entry of a preliminary injunction. Although the memorandum of law 25 Plaintiff has submitted in support of its current motion refers to the electronic service of process the Court authorized previously 18 19, neither the memorandum nor the Declaration submitted by Plaintiff 26 establish that the authorized actions relating to service have in fact been taken. More pertinently, Plaintiff has not filed the proof of service required under Rule 4(l) of the Federal Rules of Civil Procedure. Without certification that Plaintiff has provided electronic notice to defendants of the pendency either of this action or the motion for a preliminary injunction, the Court is unwilling to grant further preliminary injunctive relief. Accordingly, the motion for entry of a preliminary injunction is entered and continued. If and when Plaintiff provides proof of service, as is commonly done in similar "Schedule A" counterfeiting cases before the filing of a motion seeking a preliminary injunction, the Court will act promptly on Plaintiff's pending motion. Mailed notice
12/04/2020 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 24
12/04/2020 MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction 24

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