最近更新:2024-12-25
更新

2020-cv-07174

Grumpy Cat Limited 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
08/13/2021 SATISFACTION of Judgment
07/15/2021 ENTERED JUDGMENT Signed by the courtroom deputy on 07/15/2021. Emailed notice (mw,)
07/15/2021 FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 07/15/2021. Emailed notice
07/15/2021 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for default judgment 43 is granted, given the absence of any timely answers to the amended complaint. The Court grants statutory damages in the amount of $25,000 against each Defendant, as explained in the judgment order. Permanent injunction is entered in light of the default finding of willfulness. A separate AO-450 judgment will be entered. The tracking status hearing of 07/16/2021 is vacated. Civil case terminated. Emailed notice
07/08/2021 STATUS Report by Grumpy Cat Limited
07/08/2021 DECLARATION of Michael A. Hierl regarding motion for default judgment 43
附件:
1:Exhibit Hierl Exhibit 1
07/08/2021 MEMORANDUM by Grumpy Cat Limited in support of motion for default judgment 43
附件:
1:Exhibit 1
2:Exhibit 2
07/08/2021 MOTION by Plaintiff Grumpy Cat Limited for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
07/08/2021 DECLARATION of William B. Kalbac Declaration of Service
06/10/2021 SURETY BOND in the amount of $ 10,000 posted by Grumpy Cat Limited.
06/10/2021 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 06/10/2021. Emailed notice
06/10/2021 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for preliminary injunction 35 is granted in light of the continued applicability of the circumstances that justified entry of the TRO. With the answer deadline of 06/28/2021, the tracking status hearing of 06/11/2021 is reset to 07/16/2021 at 8:30 a.m., but to track the case only (the case will not be called, no appearance is required). Instead, the parties shall file a joint initial status report by 07/08/2021. For any defaulted Defendants who do not answer by 06/28/2021, they shall be deemed in default, and the Plaintiff shall file a motion for default judgment by 07/08/2021. Emailed notice
06/08/2021 SUMMONS Returned Executed by Grumpy Cat Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 6/7/2021, answer due 6/28/2021.
06/07/2021 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
06/07/2021 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 35
06/07/2021 MEMORANDUM by Grumpy Cat Limited in support of motion for preliminary injunction 35
06/07/2021 MOTION by Plaintiff Grumpy Cat Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
05/27/2021 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion on the TRO 33 s granted, in light of the continued applicability of the facts that justified entry of the initial TRO. The extension runs through 06/10/2021. The tracking status hearing of 05/28/2021 is reset to 06/11/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). The Plaintiff shall file the preliminary injunction motion (if appropriate) by 06/07/2021. Emailed notice
05/24/2021 MOTION by Plaintiff Grumpy Cat Limited for extension of time Plaintiff's Renewed Ex Parte Motion to Extend the Temporary Restraining Order
05/14/2021 MINUTE entry before the Honorable Edmond E. Chang: Because the TRO was entered on 05/13/2021, it does not expire until 05/27/2021. The motion 31 to extend is thus denied, but without prejudice. Instead, the Plaintiff shall file the extension motion, if appropriate, by 05/24/2021. The tracking status hearing of 05/21/2021 is reset to 05/28/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice
05/14/2021 MOTION by Plaintiff Grumpy Cat Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
05/13/2021 REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/13/2021. Emailed notice
05/13/2021 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/13/2021. Emailed notice
05/06/2021 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. The Plaintiff's request to file under seal is granted in light of the asset-restraint goal. On joinder, on examination of the online screenshots of the proposed amended Defendants, the uniqueness of the particular offered goods (including type, design, and coloring of the goods) and their striking similarity to one another makes joinder of the Amended Schedule A Defendants appropriate. ***By 05/10/2021, the Plaintiff shall email an under-seal version and a redacted version of the proposed TRO (to reflect any edits needed by the Amended Schedule A).*** The TRO will expire 14 days after the Court actually enters it (and of course the TRO is not effective until its actual entry). The Plaintiff's request for electronic service of process is granted. The tracking status hearing of 05/07/2021 is reset to 05/21/2021 at 8:30 a.m. The Plaintiff shall file the TRO extension motion by 05/18/2021. Emailed notice
04/15/2021 MINUTE entry before the Honorable Edmond E. Chang: The examination of joinder remains pending. The tracking status hearing of 04/16/2021 is reset to 05/07/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice
04/07/2021 ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Robert Payton Mcmurray
03/25/2021 MINUTE entry before the Honorable Edmond E. Chang: The Court still has the joinder issue under advisement. The tracking status hearing of 03/26/2021 is reset to 04/16/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice
02/25/2021 MINUTE entry before the Honorable Edmond E. Chang: The joinder issue is still under advisement. The tracking status hearing of 02/26/2021 is reset to 03/26/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice
01/28/2021 MINUTE entry before the Honorable Edmond E. Chang: The joinder issue remains under advisement, so the tracking status hearing of 01/29/2021 is reset to 02/26/2021 at 8:30 am., but to track the case only (no appearance is required, the case will not be called). Emailed notice
12/22/2020 MINUTE entry before the Honorable Edmond E. Chang: The Court takes the joinder issue under advisement. The tracking status hearing of 12/23/2020 is reset to 01/29/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice
12/17/2020 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Sealed Exhibit AA
12/17/2020 MEMORANDUM by Grumpy Cat Limited Plaintiff's Memorandum in Support of Joinder
12/17/2020 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Amended Schedule A
12/17/2020 AMENDED complaint by Grumpy Cat Limited against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
12/07/2020 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 5 to file under seal is granted in light of the goal of asset restraint. The motion 7 to exceed page limit is granted. But this case was filed against 250 defendants for infringing the same set of trademarks. Joinder as to all of those defendants is not proper when measured against the standard set in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). On review of the exhibits and the TRO motion, it does not appear that the Plaintiff picked the Defendants for joinder based on that standard. The Plaintiff shall file an amended complaint and amended Schedule A by 12/16/2020, to comply with the opinion, as well as a memorandum explaining why joinder is proper as to the amended Schedule A. To track the filing of the amended complaint, a status hearing is set for 12/23/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice
12/07/2020 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
12/07/2020 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
12/04/2020 Notice of Claims Involving Trademarks by Grumpy Cat Limited
12/04/2020 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 4 of Bundesen Declaration
12/04/2020 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 3 of Bundesen Declaration
12/04/2020 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 2 of Bundesen Declaration
12/04/2020 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 1 of Bundesen Declaration
12/04/2020 MEMORANDUM by Grumpy Cat Limited in support of motion for temporary restraining order, [8]
附件:
1:Declaration Bundesen Declaration
2:Exhibit 1
3:Declaration Hierl Declaration
4:Exhibit Hierl Exhibit 1
5:Exhibit Hierl Exhibit 2
6:Exhibit Hierl Exhibit 3
12/04/2020 MOTION by Plaintiff Grumpy Cat Limited for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
12/04/2020 MOTION by Plaintiff Grumpy Cat Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
12/04/2020 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Sealed Schedule A
12/04/2020 CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment.
12/04/2020 MOTION by Plaintiff Grumpy Cat Limited to seal document Plaintiff's Motion for Leave to File Under Seal
12/04/2020 ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by William Benjamin Kalbac
12/04/2020 ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Michael A. Hierl
12/04/2020 CIVIL Cover Sheet
12/04/2020 COMPLAINT filed by Grumpy Cat Limited; Jury Demand. Filing fee $ 402, receipt number 0752-17706328.
附件:
1:Exhibit 1
2:Exhibit 2

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