最近更新：2024-12-25
2021-cv-00930
| 日期 | 描述 |
|---|---|
| 09/14/2021 | SATISFACTION of Judgment |
| 07/15/2021 | ENTERED JUDGMENT Signed by the courtroom deputy on 07/15/2021. Emailed notice |
| 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: In light of the failure of the Defendants to timely answer, the Plaintiff's motion for default judgment 40 is granted. Statutory damages are awarded against each Defendant in the amount of $50,000. Permanent injunction entered in light of the default finding of willfulness. A separate AO-450 judgment shall be entered. The tracking status hearing of 07/16/2021 is vacated. Civil case terminated. Emailed notice |
| 07/08/2021 | STATUS Report by Kawada Co., Ltd. |
| 07/08/2021 | DECLARATION of Michael A. Hierl regarding motion for default judgment 40 附件： 1:Exhibit Hierl Exhibit 1 |
| 07/08/2021 | MEMORANDUM by Kawada Co., Ltd. in support of motion for default judgment 40 附件： 1:Exhibit 1 2:Exhibit 2 |
| 07/08/2021 | MOTION by Plaintiff Kawada Co., Ltd. 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 | 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 33 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 Kawada Co., Ltd. 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 33 |
| 06/07/2021 | MEMORANDUM by Kawada Co., Ltd. in support of motion for preliminary injunction 33 |
| 06/07/2021 | MOTION by Plaintiff Kawada Co., Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 06/07/2021 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 06/02/2021 | SURETY BOND in the amount of $ 10,000 posted by Kawada Co., Ltd.(Document not scanned) |
| 05/27/2021 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion on the TRO 30 is 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 Kawada Co., Ltd. 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 28 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 Kawada Co., Ltd. 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 5/13/2021. Emailed notice (mw,) |
| 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 (which is a very specific item formed by the underlying blocks) 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 motion 5 to file under seal is granted given the asset-restraint goal. The motion 7 for extra pages is granted. 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 remainder of the joinder examination remains pending, so 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 Kawada Co., Ltd. by Robert Payton Mcmurray |
| 03/25/2021 | MINUTE entry before the Honorable Edmond E. Chang: On a preliminary examination of the joinder memorandum and R. 21, at least two Defendants (Nos. 70 and 79) use exactly the same otherwise-unique ad copy for one bullet point, so they are properly joined. But the Court needs more time to examine the other sites more closely. The joinder issue is taken under advisement and 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 |
| 03/16/2021 | SEALED DOCUMENT by Plaintiff Kawada Co., Ltd. Exhibit AA |
| 03/16/2021 | MEMORANDUM by Kawada Co., Ltd. Plaintiff's Memorandum in Support of Joinder |
| 03/15/2021 | SEALED DOCUMENT by Plaintiff Kawada Co., Ltd. Amended Schedule A |
| 03/15/2021 | AMENDED complaint by Kawada Co., Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 附件： 1:Exhibit 1 |
| 02/26/2021 | MINUTE entry before the Honorable Edmond E. Chang: This case was filed against 131 defendants for trademark infringement. But 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 joinder discussion in the TRO motion, it does not appear that Plaintiff picked Defendants for joinder based on that standard. Plaintiff shall file an amended complaint and amended Schedule A by 03/15/2021, to comply with the opinion, along with an accompanying Joinder Memorandum (which may be filed under seal as needed) explaining the propriety of joinder. To track the filing of the amended complaint, a status hearing is set for 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 |
| 02/19/2021 | Notice of Claims Involving Trademarks by Kawada Co., Ltd. |
| 02/19/2021 | SEALED DOCUMENT by Plaintiff Kawada Co., Ltd. Exhibit 2 Part 6 of Saigo Declaration |
| 02/19/2021 | SEALED DOCUMENT by Plaintiff Kawada Co., Ltd. Exhibit 2 Part 5 of Saigo Declaration |
| 02/19/2021 | SEALED DOCUMENT by Plaintiff Kawada Co., Ltd. Exhibit 2 Part 4 of Saigo Declaration |
| 02/19/2021 | SEALED DOCUMENT by Plaintiff Kawada Co., Ltd. Exhibit 2 Part 3 of Saigo Declaration |
| 02/19/2021 | SEALED DOCUMENT by Plaintiff Kawada Co., Ltd. Exhibit 2 Part 2 of Saigo Declaration |
| 02/19/2021 | SEALED DOCUMENT by Plaintiff Kawada Co., Ltd. Exhibit 2 part 1 of Saigo Declaration |
| 02/19/2021 | MEMORANDUM by Kawada Co., Ltd. in support of motion for temporary restraining order, 8 附件： 1:Declaration Saigo Declaration 2:Exhibit 1 3:Declaration Hierl Declaration 4:Exhibit Hierl Exhibit 1 5:Exhibit Hierl Exhibit 2 6:Exhibit Hierl Exhibit 3 |
| 02/19/2021 | MOTION by Plaintiff Kawada Co., Ltd. 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 |
| 02/19/2021 | MOTION by Plaintiff Kawada Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 02/19/2021 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. |
| 02/19/2021 | SEALED DOCUMENT by Plaintiff Kawada Co., Ltd. Sealed Schedule A |
| 02/19/2021 | MOTION by Plaintiff Kawada Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal |
| 02/19/2021 | ATTORNEY Appearance for Plaintiff Kawada Co., Ltd. by William Benjamin Kalbac |
| 02/19/2021 | ATTORNEY Appearance for Plaintiff Kawada Co., Ltd. by Michael A. Hierl |
| 02/19/2021 | CIVIL Cover Sheet |
| 02/19/2021 | COMPLAINT filed by Kawada Co., Ltd.; Jury Demand. Filing fee $ 402, receipt number 0752-17945510. 附件： 1:Exhibit 1 |
