最近更新:2025-04-27
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2021-cv-00976

NakeFit USA, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A"

日期:02/22/2021

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
01/07/2022 FULL SATISFACTION of Judgment regarding order, terminated case 43 in the amount of $500,000 as to certain defendant
05/11/2021 FULL SATISFACTION of Judgment regarding order, terminated case 43 in the amount of $500,000 as to certain defendants
05/04/2021 FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 5/4/2021. Mailed notice
05/04/2021 ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 37. The motion 37 is granted. Based on the evidence submitted in support of plaintiff's motion and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that statutory damages should be awarded in the amount of $500,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollars ($10,000) bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of Court is directed to return the $10,000 bond previously deposited with the Clerk of Court, plus any interest, to Plaintiff's counsel Justin R. Gaudio, Greer, Burns & Crain, Ltd., 300 S. Wacker Drive, Suite 2500, Chicago, IL 60606. Enter Final Judgment Order. Signed by the Honorable Martha M. Pacold on 5/4/2021. Mailed notice
04/26/2021 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintikff's motion for entry of default and for default judgment 37 must enter an appearance and file a written objection by 5/3/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
04/22/2021 MINUTE entry before the Honorable Martha M. Pacold: Defendant ygnngc HUI at Line No 18 is hereby dismissed with leave to reinstate within two hundred and seventy days (270) pursuant to the Notice of Dismissal Under Rule 41(a)(1) 36 filed by plaintiff on 4/22/2021. ygnngc HUI terminated.
04/22/2021 NOTICE by NakeFit USA, LLC re MOTION by Plaintiff NakeFit USA, LLC for entry of default MOTION by Plaintiff NakeFit USA, LLC for default judgment as to all Defendants 37
04/22/2021 MEMORANDUM by NakeFit USA, LLC in support of motion for entry of default, motion for default judgment 37
附件:
1:Declaration of Justin R. Gaudio
2:Exhibit 1
04/22/2021 MOTION by Plaintiff NakeFit USA, LLC for entry of default, MOTION by Plaintiff NakeFit USA, LLC for default judgment as to all Defendants
04/22/2021 NOTICE of Voluntary Dismissal by NakeFit USA, LLC as to a Certain Defendant
04/06/2021 NEW PARTIES: Shop1230303 Store, Hirigin Wardrobe Store, Unique Swimsuits Store, Kareem Store, Awesome Online Store, Devil training gym Store, Yingming Animal Products Store Store, BuyBest Care Store, shop725750 store, mummum, Lifestyle Companion, Ailin84Li, chunmiaomakeups, jsdhaw, Rabbit Sister Store, HYCY, playing1995, ygnngc HUI, Birthdaycake, IdealTree, FENG YOKE STORE, yelindian, sdgryetujy, Certained, HopEFulo, qianhongguang, zhengsongbing, Tao001, angel tang.my, cysn12.my and Li Pooh Bear added to case caption.
04/01/2021 ORDER :The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 4/1/2021. Mailed notice
04/01/2021 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 4/1/2021:
04/01/2021 MINUTE entry before the Honorable Martha M. Pacold: No defendant has filed an appearance to object to the entry of a preliminary injunction. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction 29 is granted. Enter Preliminary Injunction. 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 are located on the court's website at www.ilnd.uscourts.gov/instructions.
03/23/2021 MINUTE entry before the Honorable Martha M. Pacold:Plaintiff shall serve defendants with this notice. The court has taken the motion for preliminary injunction 29 under advisement and will consider the motion unopposed if no defendant appears and objects by 3/30/2021.
03/22/2021 NOTICE by NakeFit USA, LLC re MOTION by Plaintiff NakeFit USA, LLC for preliminary injunction [29]
03/22/2021 MEMORANDUM by NakeFit USA, LLC in support of motion for preliminary injunction[29]
附件:
1:Declaration of Justin R. Gaudio
2:Exhibit 1
03/22/2021 MOTION by Plaintiff NakeFit USA, LLC for preliminary injunction
03/22/2021 SUMMONS Returned Executed by NakeFit USA, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 3/22/2021, answer due 4/12/2021.
附件:
1:Declaration of Isaku Begert
03/22/2021 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A"
03/11/2021 EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/11/2021:
03/11/2021 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motion for extension of time 23 and in the court's order granting the temporary restraining order 22, Plaintiff's motion to extend the TRO 23 is granted. The temporary restraining order is extended to 3/25/2021.
03/08/2021 NOTICE by NakeFit USA, LLC re MOTION by Plaintiff NakeFit USA, LLC for extension of time of Temporary Restraining Order 23
03/08/2021 MEMORANDUM by NakeFit USA, LLC in support of extension of time 23
附件:
1:Declaration of Justin R. Gaudio
03/08/2021 MOTION by Plaintiff NakeFit USA, LLC for extension of time of Temporary Restraining Order
03/04/2021 CHECK BOND in the amount of $10,000.00 posted by NakeFit USA, LLC. Receipt No. 4624253480.
02/25/2021 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 2/25/2021:
02/25/2021 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, 3, 10, 15, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal 3, for electronic service of process 15, and for a temporary restraining order 10, including a temporary injunction, a temporary asset restraint and expedited discovery are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 substantial 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. 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 genuinely intends to 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. 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. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. Enter Sealed Temporary Restraining Order.
02/23/2021 Notice of Claims Involving Trademarks by NakeFit USA, LLC
02/23/2021 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NakeFit USA, LLC
02/23/2021 NOTICE by NakeFit USA, LLC re MOTION by Plaintiff NakeFit USA, LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [15], MOTION by Plaintiff NakeFit USA, LLC for leave to file Under Seal[3], MOTION by Plaintiff NakeFit USA, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery[10]
02/23/2021 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16]
附件:
1:Exhibit 1
2:Exhibit 2
02/23/2021 MEMORANDUM by NakeFit USA, LLC in support of motion for miscellaneous relief[15]
02/23/2021 MOTION by Plaintiff NakeFit USA, LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
02/23/2021 SEALED EXHIBIT by Plaintiff NakeFit USA, LLC Exhibit 3 regarding declaration 13
02/23/2021 DECLARATION of Yudhi Gautam regarding memorandum in support of motion[11]
附件:
1:Exhibit 1
2:Exhibit 2
02/23/2021 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[11]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
02/23/2021 MEMORANDUM by NakeFit USA, LLC in support of motion for temporary restraining order[10]
02/23/2021 MOTION by Plaintiff NakeFit USA, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
02/23/2021 MAILED Trademark report to Patent Trademark Office, Alexandria VA
附件:
1:Exhibit
02/22/2021 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment.
02/22/2021 ATTORNEY Appearance for Plaintiff NakeFit USA, LLC by Isaku Begert
02/22/2021 ATTORNEY Appearance for Plaintiff NakeFit USA, LLC by Jake Michael Christensen
02/22/2021 ATTORNEY Appearance for Plaintiff NakeFit USA, LLC by Amy Crout Ziegler
02/22/2021 ATTORNEY Appearance for Plaintiff NakeFit USA, LLC by Justin R. Gaudio
02/22/2021 CIVIL Cover Sheet
02/22/2021 MOTION by Plaintiff NakeFit USA, LLC for leave to file Under Seal
02/22/2021 SEALED EXHIBIT by Plaintiff NakeFit USA, LLC Schedule A regarding complaint[1]
02/22/2021 COMPLAINT filed by NakeFit USA, LLC; Filing fee $ 402, receipt number 0752-17950972.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
5:Exhibit 5

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