最近更新:2024-12-25
更新

2021-cv-05670

Emoji Company GmbH 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:HSP

日期 描述
02/14/2023 SATISFACTION of Judgment
11/11/2022 SATISFACTION of Judgment
08/01/2022 RETURN of Service of certified receipt # 7019 2280 0000 0963 2207.
07/08/2022 MAILED original ten-thousand-dollar ($10,000) surety bond posted by Michael A. Hierl, Hughes Socol Piers Resnick & Dym, Ltd., Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602, via certified mail 7019 2280 0000 0963 2207
07/07/2022 DEFAULT JUDGMENT ORDER: Signed by the Honorable Martha M. Pacold on 7/7/2022. Mailed notice
07/07/2022 ORDER: In the court's 6/9/2022 minute entry 43, it gave all defendants until 6/29/2022 to object to plaintiff's motion for entry of default and default judgment 40. The court grants plaintiff's motion 40 for entry of default and default judgment against all defendants identified on Schedule A attached to the court's order. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded as set forth in the Final Judgment Order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its mark causes it irreparable harm in the form of consumer confusion, loss of customers' goodwill, and reputational harm; 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 dollar ($10,000) surety bond posted by plaintiff is hereby releasedto plaintiff's counsel. The Clerk of the Court is directed to return the $10,000 bond previously deposited with the Clerk of the Court to plaintiff's counsel, Michael A. Hierl, Hughes Socol Piers Resnick & Dym, Ltd., Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602, via certified mail. Signed by the Honorable Martha M. Pacold on 7/7/2022. Mailed notice
07/07/2022 NOTICE of Correction regarding 45
07/07/2022 ENTERED IN ERROR. Modified on 7/7/2022.
06/10/2022 CERTIFICATE of Service by Plaintiff Emoji Company GmbH
06/09/2022 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve defendants with this notice. Any defendant wishing to appear and object to plaintiff's motion for entry of default and default judgment 40 must file an appearance and objection on the docket by 6/29/2022.
06/03/2022 DECLARATION of Michael A. Hierl regarding motion for default judgment 40
附件:
1:(Exhibit Hierl Exhibit 1)
06/03/2022 MEMORANDUM by Emoji Company GmbH in support of motion for default judgment 40
附件:
1:Exhibit 1
2:(Exhibit 2)
06/03/2022 MOTION by Plaintiff Emoji Company GmbH for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
06/03/2022 DECLARATION of Robert P. McMurray Declaration of Service
04/05/2022 NOTICE by Emoji Company GmbH Notice of Filing
附件:
1:(Amended Schedule A)
03/31/2022 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file an amended Schedule A on the docket by 4/5/2022.
03/31/2022 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended complaint 35 to remove defendants No. 104, 129, 163, 169, 189, 199 is granted. xinxiaohong gfhgh6, yingwuzhe, yuexinhappy, ywcompeteyouth34, YIWUU xiao shang pin dian pu and weijiazuo are dismissed with prejudice and each party shall bear its own attorney's fees and costs.
03/29/2022 MOTION by Plaintiff Emoji Company GmbH for leave to file Motion for Leave to File an Amended Schedule A
03/10/2022 STATUS Report by Emoji Company GmbH
03/03/2022 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file a status report by 3/10/2022 informing the court of the status of the case.
12/16/2021 NEW PARTIES: yubtxdr, yudfgfhj, yuihrt, yundrb, yusfhbg, yuuby, ywserb, Yyaydnx, Yybrazl, Yycrary, Yydekzn, Yyduman, Yyduria, Yyharkl, Yylatew, Yylucim, Yymarse, Yymcqhe, Yymieuz, Yyprize, Yyproul, Yyschno, Yysissi, Yysplsb, Yystabr, Yysummk, Yytheea, Yytijer, Yytiuvw, Yywandr, zacate, Zack Barnwelli, ZAfraHu, zanaanz, ZAurora, ZCamille, ZDWAK XHYYVF CMGQ, ZEdwina, ZFannyL, ZFayJos, zfcggs, zfdhn, ZGerald, ZGrisel, ZHaleHa, zhangqingmei, zhangxubhy, ZHarold, ZHilary and vxcbhgui added to case caption.
12/16/2021 NEW PARTIES: Yyyarin, YYYTT9T9, yzf623713, Zaihe Online Business, zalbaba, ZBBshop, zcxzcsed, ZElvaEs, ZElvisS, Zenglonggenshop, ZenithY, ZeWoo-Shop, ZFS nice, ZGYUXIN, ZH sporting goods, ZhanggantaoyaaJ, zhanghaifeng 0510, Zhanghao7838, zhangjiaxin46455, zhangmenyuan, zhangn268682, zhangqi66, zhangrongrong3, zhangsan66057, zhangsumei81616, zhangtao0922, Zhangxiaohuo Guangzhou, zhangyu2018, zhangzhanyun123, zhangzhaotuan, zhangzhen95271, zhaojingyuan00852, Zhaomengfei668, zheng20170204, Zhengkaistore, zhengwenjuan, zhengxueke', zhenruipujiudu, zhijie dh, zhoucai Store, zhouhui Store, zhoujiayi9436, Z-houle store, ZhouLi98566, zhouxiongbing11452, zhouying1989, zhruy888, zhudeyu66058, zhuifeitrading and zhujialong5521 added to case caption.
12/16/2021 NEW PARTIES: yangynag45, yangyue702566, yanmaoqun66058, Yanting3, yao chunlin's store, yaopanjiuding, yayazhijia, ybrtbr, ydueyxge0, Yelaiska, YIJIN060, YIJIN29, yingwuzhe, yinshenfajue, yinyandong123, yiwu city xialida garment co.,ltd, YIwuDina, yiwusunshine, YIWUU xiao shang pin dian pu, yixichaoks, Yodem lamp, YongKangST, YoPgiea, Yote, You Heart 118, Youth_Store, yt02jrs2, YTJDTJhgfghf, YTstore, ytujghg, yuancuiping, yuanjinshi, yuanrui123, yuanwenhao12, yuefude, yuehengCC, yuejinyang, yueshimingshi, yuexinhappy, YujiaStore, yujinjin, yumiaomiao, yuna0031, yunyunfashion, Yuxiangclothingstore, yuxiaofen1, yuxingxue54648, YvonneC, ywcompeteyouth34 and yyaaoo added to case caption.
12/16/2021 NEW PARTIES: walletmerchant, waqtsf, weihong9901, weijiazuo, wfxdcx, witkey888, wylucc, wyuping, xcvnjg, xdfashion000, xiamingxiak, XianDu, xianjun, xianonlineshop, xiao sore, xiaohanxiao, xiaojj, xiaokangzhang supper-market, xiaoqiunvzhuang, xiaotianxipu, xiaotong2d, xiaoxie147, xiaoxuedejia, xiaoyunnvzhuangdian, xiayajun11365, xiedongmei99, xinaidawangluo, xingjingrui1, xinxiaohong gfhgh6, xinxingongzuoshi, Xinyu trade, Xiongyunhao525, xiwenwenstore, XO7C5K65J, xswgn, xuecailian, xuejiajia0986, XUGUIXIAO56, xulingfeng2759, XxRaeLi, YaAkr, YaliaonuotuoyZ, yamtwv, yangbing151762, yangchenghao, yangfumei9918, yanghengyu1452, yangjiahui45465, yanglijun033 and yangshuyan5856356 added to case caption.
12/16/2021 NEW PARTIES: yubtxdr, yudfgfhj, yuihrt, yundrb, yusfhbg, yuuby, ywserb, Yyaydnx, Yybrazl, Yycrary, Yydekzn, Yyduman, Yyduria, Yyharkl, Yylatew, Yylucim, Yymarse, Yymcqhe, Yymieuz, Yyprize, Yyproul, Yyschno, Yysissi, Yysplsb, Yystabr, Yysummk, Yytheea, Yytijer, Yytiuvw, Yywandr, zacate, Zack Barnwelli, ZAfraHu, zanaanz, ZAurora, ZCamille, ZDWAK XHYYVF CMGQ, ZEdwina, ZFannyL, ZFayJos, zfcggs, zfdhn, ZGerald, ZGrisel, ZHaleHa, zhangqingmei, zhangxubhy, ZHarold, ZHilary and vxcbhgui added to case caption.
12/16/2021 ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 12/16/2021. Mailed notice.
12/16/2021 NEW PARTIES: vwtgfwtg, vxbfzxdg, vxvhgj, xcbgfh, xcfdsfvs, xcmdxtf, xcvchh, xdcgzss, xdcvt, xdvgrj, xfgca, xfghzf, xfgsrgh, xgxgzdgf, Xiaoshuiyi, xiehuadi, XIguan TIlamen Pansen QAPP, xilheya, XIONG YONG YING FATION WEARING STORE, xtuydg, xvcxbcnh, xzciuhdf, xzfggf, xzvfkm, xzxdsfv, yandg, yanghuchen8839660, yangxingyu2219, yangyifan169248, yaolilads, yaozhangy, Yasteon, ybjudyr, ybsysr, ybtyry, ydbbadfa, ydbs141242, ydfght, YettaEv, yghjfgh, yhyev, yinweini, Yjacy, ynufud, ynwqc53shop, yogvs, ysbjga, ytwqo, ytyytyj and yubdr added to case caption.
12/16/2021 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 12/16/2021:
12/16/2021 MINUTE entry before the Honorable Martha M. Pacold: For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction 26 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 may be located on the court's website at www.ilnd.uscourts.gov/instructions.
12/14/2021 SUMMONS Returned Executed by Emoji Company GmbH as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 12/14/2021, answer due 1/4/2022.
12/14/2021 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
12/14/2021 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 26
12/14/2021 MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction 26
12/14/2021 MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
12/06/2021 SURETY BOND in the amount of $ 10,000.00 posted by Emoji Company GmbH. (Document not scanned).
12/01/2021 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 23 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO 22 entered on 11/19/2021 is extended until 12/17/2021.
11/30/2021 MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
11/19/2021 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/19/2021:
11/19/2021 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file under seal 7 and to file excess pages 8 are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, electronic service of process, and expedited discovery 9 is 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, but at this preliminary stage, 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 timely 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.
11/16/2021 MINUTE entry before the Honorable Martha M. Pacold: This case was reassigned from Judge Gettleman to this court on 10/25/21. 19. Plaintiff has filed a motion for a TRO. 9. Per this court's standing order in Schedule A cases found at https://www.ilnd.uscourts.gov/judge-info.aspx?tdDC7jWNEcPS6Px28PZuWg==, proposed orders in Schedule A cases should conform to the templates posted on this court's website. When a plaintiff submits a proposed temporary restraining order, plaintiff should also submit a document that shows in tracked changes any differences between plaintiff's proposed order and the relevant template order. Plaintiff is therefore required to submit a proposed TRO order following the court's instructions to proposed_order_pacold@ilnd.uscourts.gov by 11/19/21.
10/25/2021 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Martha M. Pacold for all further proceedings. Honorable Robert W. Gettleman no longer assigned to the case. Signed by Executive Committee on 10/25/2021.
10/26/2021 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
10/26/2021 MAILED trademark report to Patent Trademark Office, Alexandria, VA
10/25/2021 Notice of Claims Involving Trademarks by Emoji Company GmbH
10/25/2021 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 5 of Reiter Declaration
10/25/2021 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 4 of Reiter Declaration
10/25/2021 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 3 of Reiter Declaration
10/25/2021 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 2 of Reiter Declaration
10/25/2021 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 1 of Reiter Declaration
10/25/2021 MEMORANDUM by Emoji Company GmbH in support of motion for temporary restraining order, 9
附件:
1:Declaration Santiago Declaration
2:Exhibit 1
3:Declaration Reiter Declaration
4:Declaration Hierl Declaration
5:Exhibit Hierl Exhibit 1
6:Exhibit Hierl Exhibit 2
7:Exhibit Hierl Exhibit 3
10/25/2021 MOTION by Plaintiff Emoji Company GmbH 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
10/25/2021 MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10/25/2021 CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment.
10/25/2021 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Sealed Schedule A
10/25/2021 MOTION by Plaintiff Emoji Company GmbH to seal document Plaintiff's Motion for Leave to File Under Seal
10/25/2021 ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Robert Payton Mcmurray
10/25/2021 ATTORNEY Appearance for Plaintiff Emoji Company GmbH by William Benjamin Kalbac
10/25/2021 ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Michael A. Hierl
10/25/2021 CIVIL Cover Sheet
10/25/2021 COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 402, receipt number 0752-18801483.
附件:
1:Exhibit 1

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