2021-cv-05670
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 |