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2021-cv-02733
| 日期 | 描述 |
|---|---|
| 04/20/2022 | RETURN of Service of U.S. Postal certified receipt # 7021 1970 0001 3330 2131. |
| 03/29/2022 | MAILED Surety Bond to Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602 via certified mail no. 7021 1970 0001 3330 2131. |
| 03/28/2022 | MINUTE entry before the Honorable John F. Kness: The ten-thousand-dollar ($10,000) surety bond posted by KTM AG is hereby released to counsel of record for Plaintiff, Michael A. Hierl. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602 via certified mail. Mailed notice |
| 03/28/2022 | FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 3/28/2022. Mailed notice |
| 03/28/2022 | ORDER signed by the Honorable John F. Kness on 3/28/2022. Civil case terminated. Mailed notice |
| 03/14/2022 | CERTIFICATE of Service by Plaintiff KTM AG |
| 03/14/2022 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [70] 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 3/23/2022. 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 within two business days of its entry on the docket and must file proof of service within three business of service being effected. Mailed notice |
| 03/10/2022 | DECLARATION of Michael A. Hierl regarding motion for default judgment[70] 附件： 1:Exhibit Hierl Exhibit 1 |
| 03/10/2022 | MEMORANDUM by KTM AG in support of motion for default judgment[70] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 03/10/2022 | MOTION by Plaintiff KTM AG for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A |
| 03/10/2022 | DECLARATION of William B. Kalbac Declaration of Service |
| 02/24/2022 | STIPULATION of Dismissal Stipulation of Voluntary Dismissal With Prejudice |
| 02/16/2022 | SUMMONS Returned Executed by KTM AG as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 2/16/2022, answer due 3/9/2022. |
| 01/04/2022 | NOTICE of Correction regarding the Court's minute entry dated 10/28/2021 [63]. |
| 12/30/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 106 |
| 11/15/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 10/28/2021 | MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a notice of voluntary dismissal [62] as to Defendants No. 5 "EOP Trading Co., Ltd", No. 8 "Fantanstic", No. 50 "Dongtiancome", No. 78 "Fengnalia", No. 79 "Fernande", No. 90 "gameshop", No. 105 "Guangzhou Teamwin Trading Co., Ltd", No. 120 "hedgehog" and No. 125 "HighCold", explaining that the case has been voluntarily dismissed. Because the notice of dismissal was filed before the opposing party served either an answer or a motion for summary judgment, the case against these Defendants is dismissed 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"). In accordance with Plaintiff's filing, this dismissal is without prejudice and with leave to reinstate on or before 12/27/2021. In the event a motion to reinstate is not filed on or before 12/27/2021, the case shall be deemed, without further order of the Court, to be dismissed with prejudice against these Defendants. Defendants' motion [50] to dissolve the preliminary injunction is dismissed as moot. Each party is to bear its own fees and costs. Modified on 1/4/2022. |
| 10/27/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal with Leave to Reinstate |
| 10/25/2021 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Third Motion for Extension of Time to Respond [60] is granted. Any future motion for another extension will require a court hearing. The Court briefing schedule on Defendants' Motion to Dissolve Preliminary Injunction [50] is extended as follows: Plaintiff must respond on or before 10/28/2021 and Defendants must reply on or before 11/11/2021. 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 |
| 10/21/2021 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Unopposed Motion for Third Extension of Time to Respond to Defendants' Motion to Dismiss and Dissolve the Preliminary Injunction |
| 10/18/2021 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Second Motion for Extension of Time to Respond [58] is granted. The Court briefing schedule on Defendants' Motion to Dissolve Preliminary Injunction [50] is extended as follows: Plaintiff must respond on or before 10/21/2021 and Defendants must reply on or before 11/4/2021. 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 |
| 10/14/2021 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Opposed Second Motion for Extension of Time to Respond to Defendants' Motion to Dismiss and Dissolve the Preliminary Injunction |
| 10/12/2021 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Unopposed Motion for Extension ofTime to Respond [56] is granted. The Court briefing schedule on Defendants' Motion to Dissolve Preliminary Injunction [50] is extended as follows: Plaintiff must respond on or before 10/14/2021 and Defendants must reply on or before 10/28/2021. 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 |
| 10/07/2021 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss and Dissolve Preliminary injunction |
| 10/04/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 09/20/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 134 |
| 09/20/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 09/17/2021 | MINUTE entry before the Honorable John F. Kness: By agreement of the parties, the Court sets the following briefing schedule on Defendants' Motion to Dissolve Preliminary Injunction [50]: Plaintiff must respond on or before 10/7/2021 and Defendants must reply on or before 10/21/2021. 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 |
| 09/16/2021 | re: briefing schedule [50] STATEMENT by Dongtiancome, EOP Trading Co.,Ltd, Fantanstic, Fengnalia, Fernande, Guangzhou Teamwin Trading Co.,Ltd, HighCold, gameshop, hedgehog |
| 09/15/2021 | MOTION by Defendants Dongtiancome, EOP Trading Co.,Ltd, Fantanstic, Fengnalia, Fernande, Guangzhou Teamwin Trading Co.,Ltd, HighCold, gameshop, hedgehog to Dissolve Preliminary Injunction [36] 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:Exhibit 6 7:Exhibit 7 8:Exhibit 8 9:Exhibit 9 10:Exhibit 10 11:Declaration of Yefeng Liang 12:Errata Unreported Opinions |
| 09/13/2021 | CIVIL BOND in the amount of $ 10,000 posted by KTM AG. (Document not imaged). |
| 09/13/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 09/10/2021 | AGREED ASSET RESTRAINT ORDER signed by the Honorable John F. Kness on 9/10/2021. Mailed notice |
| 09/10/2021 | MINUTE entry before the Honorable John F. Kness: Motion for Entry of Agreed Asset Restraint Order [45] is granted. Enter separate order. Mailed notice |
| 09/08/2021 | MOTION by Defendant hjhzzdgt Motion for Entry of Agreed Asset Restraint Order (JOINT MOTION) |
| 09/07/2021 | RESPONSE by Plaintiff KTM AG Answer to Counterclaim of Defendants Fishmotor and hjhzzdgt |
| 09/01/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 08/26/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 08/25/2021 | ATTORNEY Appearance for Defendants Dongtiancome, EOP Trading Co.,Ltd, Fantanstic, Fengnalia, Fernande, Guangzhou Teamwin Trading Co.,Ltd, HighCold, gameshop, hedgehog by Adam Edward Urbanczyk |
| 08/20/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 55 |
| 08/17/2021 | ANSWER to Complaint, COUNTERCLAIM filed by hjhzzdgt, Fishmotor against KTM AG. by hjhzzdgt, Fishmotor |
| 08/13/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 95 |
| 08/10/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 73 |
| 08/09/2021 | NEW PARTIES: Goodyouufenxdian, Green Leaves beauty, greenplante, Guangzhou Possbay Trading Co., LTD, Guangzhou Teamwin Trading Co.,Ltd, guangzhoutuozanmaoyiyouxiangongsi, Guliaopieshanuu, guohua store, gycttacpv, H HILABEE, Haijanto, hailun fashion, haixunshop, Hang Zhou He Ju E-commerce Co.,Ltd, hanjun fashion, Happyorder, harayaa, Harry, Having you in my life, hedgehog, Hedu, hejardeny, hejian fashion, heqing1022, HighCold, hjhzzdgt, hlyuk, HolaHola4, holaholahola, homelife@fashion_best, HOMTRU SPORTS, hongchangminxiaodian, Honz Riding, huafumaoyi, huajiamei, HUAQIANGLUO, humeng258, HYMOTO, hyouyuan258, ice filbert, Immortals1, jackhoun, Jamie SYLY, Jason McWhirt, jewu247, jeya226jeya226, JFG1, JFG-Engine, JFGracing2 and jiajiayoujingping added to case caption. |
| 08/06/2021 | NEW PARTIES: DONOUCLS, doublegirls, duanlinhong0912, Duanwu, easy2shop, ebuy321, Echo's Store, Elena M Lizarraga, eleven two, EliveUK Limited, EnglishWawa, Enjoy100COM, Enjoy100COM1, Enland2016, Ero-Motor, espishot, EverWater, extention, Famous Dream, fangxiaoyan49, Fannncycarp, fanxiaoying9470, fanyu2017, Fashion Valley, FATBOYMOTO, fedzavp, fengbaoledlight, Fengnalia, Fernande, ffJJK, financial crisis, FishMotor, Flower Growing, Friend-Jewelry, Friendship009, Fulaiying Electronic Technology Co., Ltd., fushru32, G YBUN, Galaxy, gameshop, gaodubantin, gaoshanliushui2, Gaoxiaofeng147258, gbtlt7shop, Gettingwhatyouwant, GIRL NIGHT, GoldenStarry, Good morning again, goodlucklin2007 and goodyashang2011 added to case caption. |
| 08/06/2021 | NEW PARTIES: DuJingE, DwanrongSHOP, e_lenxs, ecpperp, EOP Trading Co.,Ltd, ERCUNPENG, EshagukongTrL, Fantanstic, Fantasticgo, Feedcer, FeihanzhuikenaO, FeiwoyoutuandRr, feiyan shopping, FeliciaUU, FenbaluyerWq, FenpolulIk, FenxinzaiPb, footful, fskfuef26564, FucijiadunhK, gamchiano-US, gao666888, gaoshuaigason, ghdrrthhfddy, Ginaqw, GoodHappyShopping6, guayrn, gudechaoliupu, guojun fashion, Hanjianrong55, HanyongyoushaaHe, harilla, HEEE_RONG, hehe fashion, hehhejfusss, Hellery, hjdf456gh4j65df, home_garden, homozy, hongquanmaoyi, huachenyuai, HuanfanyonghuanglF, huangzhanxunlu, HuanyichengcangkFz, iiuwiiziiaq, isasdajjdxxlch, Janpuzha Room Luck Facst Dome, JennieUU, Donau and Dongtiancome added to case caption. |
| 08/06/2021 | PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 8/6/2021. Mailed notice |
| 08/06/2021 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 19 is granted. Plaintiff's filings establish that Plaintiff has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 31 that it provided electronic notice to defendants of the pendency of this motion, but, despite the Court having provided 22 the opportunity to do, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice |
| 08/05/2021 | SUMMONS Issued as to DuJingE and all other Defendants identified in the Complaint. |
| 08/05/2021 | MINUTE entry before the Honorable John F. Kness: Plaintiff's "Motion to Direct the Clerk of the Court to Issue a Summons" 32 is granted. The Clerk is respectfully directed to issue, on an expedited basis, a single original summons, applicable to all Defendants, in the name of "DuJingE and all other Defendants identified in the Complaint." Mailed notice |
| 08/05/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 08/04/2021 | MOTION by Plaintiff KTM AGissue summons Plaintiff's Motion to Direct the Clerk of the Court to Issue a Summons |
| 08/04/2021 | DECLARATION of William B. Kalbac Declaration of Service |
| 08/02/2021 | ATTORNEY Appearance for Defendant hjhzzdgt by Erin Kathryn Russell |
| 07/30/2021 | ATTORNEY Appearance for Defendant easy2shop by Shengmao Mu |
| 07/30/2021 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 19 for entry of a preliminary injunction. Although the memorandum of law 20 Plaintiff has submitted in support of its current motion refers to the electronic service of process the Court authorized previously 17 18, neither the memorandum nor the Declaration submitted by Plaintiff 21 establish that the authorized actions relating to service have in fact been taken. More pertinently, Plaintiff has not, as is commonly done in similar "Schedule A" counterfeiting cases before the filing of a motion seeking a preliminary injunction, 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 of this action, the Court is unwilling to grant further preliminary injunctive relief. Accordingly, the motion for entry of a preliminary injunction is entered and continued. Plaintiff must provide the required proof of service on or before 8/4/2021. In addition, Plaintiff must also certify that it complied with (and if so, on what date) the Court's requirement that Plaintiff "serve all Defendants" with the statement set forth in the minute order (Dkt. 22) entered on 7/14/2021. If Plaintiff complies with these requirements by the deadline, the Court will proceed to a resolution of Plaintiff's pending motion. If Plaintiff fails to act by that deadline, the Court will summarily deny the motion for a preliminary injunction. Mailed notice |
| 07/27/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 07/23/2021 | ATTORNEY Appearance for Defendant Fishmotor by Erin Kathryn Russell |
| 07/17/2021 | ATTORNEY Appearance for Defendant Hang Zhou He Ju E-commerce Co.,Ltd by Tianyu Ju |
| 07/16/2021 | ATTORNEY Appearance for Defendant Hang Zhou He Ju E-commerce Co.,Ltd by Ruoting Men |
| 07/16/2021 | ATTORNEY Appearance for Defendant Hang Zhou He Ju E-commerce Co.,Ltd by Tao Liu |
| 07/14/2021 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 19 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all 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 7/20/2021. Mailed notice |
| 07/14/2021 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 19 |
| 07/14/2021 | MEMORANDUM by KTM AG in support of motion for preliminary injunction 19 |
| 07/14/2021 | MOTION by Plaintiff KTM AG for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 06/29/2021 | SEALED TEMPORARY Restraining Order. Signed by the Honorable John F. Kness on 6/29/2021. |
| 06/29/2021 | 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 8, and ex parte motion for a temporary restraining order and other relief 9 are granted in part. Plaintiff's submissions (including the Declaration of Hubert Trunkenpolz and Viktor Sigl (Dkt. 10-1)) 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, 11, 12, and 13. 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 that it has personal jurisdiction over the 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 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 this Court and others 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. A transfer of domain names 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 |
| 05/21/2021 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 05/21/2021 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
| 05/21/2021 | Notice of Claims Involving Trademarks by KTM AG |
| 05/21/2021 | EXHIBIT 2 Part 3 of Trunkenpolz/Sigl Declaration filed by Plaintiff KTM AG. Modified on 8/6/2021. |
| 05/21/2021 | EXHIBIT 2 Part 2 of Trunkenpolz/Sigl Declaration filed by Plaintiff KTM AG. Modified on 8/6/2021. |
| 05/21/2021 | EXHIBIT 2 Part 1 of Trunkenpolz/Sigl Declaration by Plaintiff KTM AG. Modified on 8/6/2021. |
| 05/21/2021 | MEMORANDUM by KTM AG in support of motion for temporary restraining order, 9 附件： 1:Declaration Trunkenpolz/Sigl Declaration 2:Exhibit 1 3:Declaration Hierl Declaration 4:Exhibit Hierl Exhibit 1 5:Exhibit Hierl Exhibit 2 6:Exhibit Hierl Exhibit 3 |
| 05/21/2021 | MOTION by Plaintiff KTM AG 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 |
| 05/21/2021 | MOTION by Plaintiff KTM AG for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 05/20/2021 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. |
| 05/20/2021 | EXHIBIT - Schedule A filed by Plaintiff KTM AG. Modified on 8/6/2021. |
| 05/20/2021 | MOTION by Plaintiff KTM AG to seal document Plaintiff's Motion for Leave to File Under Seal |
| 05/20/2021 | ATTORNEY Appearance for Plaintiff KTM AG by Robert Payton Mcmurray |
| 05/20/2021 | ATTORNEY Appearance for Plaintiff KTM AG by William Benjamin Kalbac |
| 05/20/2021 | ATTORNEY Appearance for Plaintiff KTM AG by Michael A. Hierl |
| 05/20/2021 | CIVIL Cover Sheet |
| 05/20/2021 | COMPLAINT filed by KTM AG; Jury Demand. Filing fee $ 402, receipt number 0752-18267337. 附件： 1:Exhibit 1 |
