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2020-cv-06025

Grumpy Cat Limited v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

日期:

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
02/10/2022 SATISFACTION of Judgment
11/10/2021 SATISFACTION of Judgment
09/23/2021 SATISFACTION of Judgment
09/08/2021 SATISFACTION of Judgment
07/27/2021 SATISFACTION of Judgment
06/25/2021 SATISFACTION of Judgment
06/08/2021 SATISFACTION of Judgment
06/04/2021 SATISFACTION of Judgment
05/27/2021 SATISFACTION of Judgment
05/21/2021 SATISFACTION of Judgment
05/13/2021 SATISFACTION of Judgment
05/11/2021 SATISFACTION of Judgment
05/10/2021 FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 5/10/2021.Mailed notice
05/10/2021 ORDER signed by the Honorable John F. Kness on 5/10/2021. Enter Final Judgment Order. Civil case terminated. Mailed notice
04/23/2021 MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 4/23/2021. Counsel for putative defendant ARTJKCAN did not appear for the second hearing in a row. This is likely because the Court can find no evidence (nor could Plaintiff's counsel confirm at the 4/23 hearing) that ARTJKCAN is one of the 207 entities named as Defendants in this case. Accordingly, the appearances [27][28] of counsel Tao Liu and Tianyu Ju are stricken. The Court also addressed Plaintiff's motion [53] for entry of default. As established by Plaintiff, before the motion for entry of default was filed on 4/22/2021, all remaining defendants had 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 5/6/2021. If no objections (or motions to vacate the entry of default) are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket. For the reasons stated on the record, Defendant Globesell's motion [57] for an extension of time is denied. This ruling is without prejudice to any motion by Globesell to vacate the just-entered default, although the Court is unsure that Globesell will be able to meet the good-cause standard for vacating a default under Rule 55(c). Mailed notice
04/22/2021 MOTION by Defendant Globesell for extension of time
04/22/2021 ATTORNEY Appearance for Defendant Globesell by Adam Edward Urbanczyk
04/22/2021 DECLARATION of Michael A. Hierl regarding motion for default judgment 53
附件:
1:Exhibit Hierl Exhibit 1
04/22/2021 MEMORANDUM by Grumpy Cat Limited in support of motion for default judgment 53
附件:
1:Exhibit 1
2:Exhibit 2
04/22/2021 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
04/22/2021 DECLARATION of William B. Kalbac Declaration of Service
04/21/2021 ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Robert Payton Mcmurray
04/20/2021 MINUTE entry before the Honorable John F. Kness: Status hearing set for 4/23/2021 at 09:30 AM. The parties are to use the following call-in number: 888-684-8852, access 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
04/19/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal of Defendant No. 69
04/14/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
04/01/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal As To Certain Defendants
03/31/2021 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
03/31/2021 DECLARATION of William B. Kalbac Declaration of Service
03/31/2021 SUMMONS Returned Executed by Grumpy Cat Limited as to Grumpy Cat Limited on 3/31/2021, answer due 4/21/2021.
03/31/2021 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
03/29/2021 MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 3/29/2021. Although the case was called twice, counsel for Defendant ARTJKCAN did not appear. Plaintiff's counsel reported that Plaintiff is in settlement discussions with ARTJKCAN. Plaintiff's counsel further reported that Plaintiff has not yet filed the proof of service required under Rule 4(l) of the Federal Rules of Civil Procedure and as directed in the Court's order 24 entered on 11/13/2020. In view of this delay and the passage of time since the expiration of the previous temporary restraining order (which cuts significantly against any suggestion of ongoing irreparable harm and affects the balance of equities against Plaintiff), Plaintiff's motion for entry of a preliminary injunction 21 is denied. Any future status hearings will be set by separate order. Mailed notice.
03/18/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal
03/15/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal
03/09/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal
03/09/2021 MINUTE entry before the Honorable John F. Kness: Telephone status hearing set for 3/29/2021 at 10:30 AM. The parties are to use the following call-in number: 888-684-8852, access 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
03/05/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal
03/03/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal
02/23/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal
02/12/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal
02/05/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal
02/03/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal
01/27/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal
01/25/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal
01/21/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal
01/21/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal
01/13/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal
01/11/2021 ATTORNEY Appearance for Defendant ARTJKCAN by Tianyu Ju
01/11/2021 ATTORNEY Appearance for Defendant ARTJKCAN by Tao Liu Liu, Tao
01/04/2021 SURETY BOND in the amount of $ 10,000.00 posted by Grumpy Cat Limited (Document not scanned).
01/06/2021 NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal
11/13/2020 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 21 for entry of a preliminary injunction. Although the memorandum of law 22 Plaintiff submitted in support of its current motion refers to the electronic service of process the Court authorized previously 16, neither the memorandum nor the Declaration submitted by Plaintiff 23 confirm 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
11/10/2020 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 21
11/10/2020 MEMORANDUM by Grumpy Cat Limited in support of motion for preliminary injunction 21
11/10/2020 MOTION by Plaintiff Grumpy Cat Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
10/28/2020 ORDER to extend the Temporary Restraining Order. Motion 19 is granted. Signed by the Honorable John F. Kness on 10/28/2020. Mailed notice
10/27/2020 MOTION by Plaintiff Grumpy Cat Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
10/13/2020 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
10/13/2020 MAILED Trademark report to Patent Trademark Office, Alexandria VA
附件:
1:(List of Trademarks)
10/13/2020 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 10/13/2020.
10/13/2020 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 5, motion for leave to file excess pages 7, and ex parte motion for a temporary restraining order and other relief 8 are granted. Plaintiff's submissions 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 6 and 10 through 13. In addition, for the purpose of these motions, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. 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 accounting. In addition, the evidence submitted by Plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit 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 other judges in this District have noted, there may be reason to question both the propriety of the joinder of 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 domain name transfer 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 revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice
10/09/2020 Notice of Claims Involving Trademarks by Grumpy Cat Limited
10/09/2020 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 4 of Bundesen Declaration
10/09/2020 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 3 of Bundesen Declaration
10/09/2020 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 2 of Bundesen Declaration
10/09/2020 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 1 of Bundesen Declaration
10/09/2020 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
10/09/2020 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
10/09/2020 MOTION by Plaintiff Grumpy Cat Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10/09/2020 CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment.
10/09/2020 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Sealed Schedule A
10/09/2020 MOTION by Plaintiff Grumpy Cat Limited to seal document Plaintiff's Motion for Leave to File Under Seal
10/09/2020 ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by William Benjamin Kalbac
10/09/2020 ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Michael A. Hierl
10/09/2020 CIVIL Cover Sheet
10/09/2020 COMPLAINT filed by Grumpy Cat Limited; Jury Demand. Filing fee $ 400, receipt number 0752-17527318.
附件:
1:Exhibit Group Exhibit 1
2:Exhibit 2

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