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2021-cv-04259
| 日期 | 描述 |
|---|---|
| 09/30/2022 | FULL SATISFACTION of Judgment regarding order, entered judgment 60 in the amount of $250 as to a certain defendant |
| 05/13/2022 | FULL SATISFACTION of Judgment regarding order, entered judgment 60 in the amount of $250 as to certain defendant |
| 04/07/2022 | MINUTE entry before the Honorable Steven C. Seeger: In its motion for entry of default, Plaintiff dropped a footnote saying that the motion does not apply to Defendants Fibure Shoes and Vonair Comfortable Shoes Supplier. (Dckt. No. 48) The motion did not explain why. They appeared in the original Schedule A (Dckt. No. 2). But based on the Court's review, they did not respond to the complaint, and Plaintiff has not sought the entry of default against them. This Court had to spend its time going through each of the 10 notices of voluntary dismissal, trying to figure out whether Plaintiff ever dismissed them. After clicking through all of them, this Court cannot locate a dismissal for those two defendants. Maybe this Court just missed it, but this Court is giving up its search. They do not appear on the most recent version of the Schedule A dated February 18, 2022. (Dckt. No. 56). So if they weren't dismissed before, they are now. This small episode is yet another example of Plaintiff's counsel placing undue burdens on the Court. Mailed notice. |
| 04/07/2022 | PERMANENT INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 4/7/2022. Mailed notice. |
| 04/07/2022 | FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 4/7/2022. Mailed notice. |
| 04/07/2022 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for default judgment (Dckt. No. 48) is hereby granted in part. The answers to the complaint are long overdue. As a remedy, Deckers seeks $250 per Defendant, or the amount frozen in its account(s) under this Court's Temporary Restraining Order, whichever is greater. See Pl.'s Mem., at 7-10 (Dckt. No. 49). Section 289 of the Lanham Act provides that an infringing party "shall be liable to the owner to the extent of his total profit, but not less than $250." See 35 U.S.C. § 289. Deckers believes it is entitled to all of the frozen funds, because it is the burden of the infringing party to show that the profits were attributable to the non-infringing aspects of the product, and Defendants filed nothing. Not so. Deckers relies on WMS Gaming, Inc. v. WPC Products, Ltd., 542 F.3d 601, 608 (7th Cir. 2008), and related case law. See also Mishawaka Rubber & Woolen Mfg. Co. v. S.S. Kresge Co., 316 U.S. 203, 20607 (1942). But those cases involved a different issue. Specifically, it addressed what to do if it is unclear what percentage of the profits from the sale of a product came from the non-infringing aspect of the product, and what percentage came from the infringing aspect of the product. In that situation, the burden rests on the infringing party to show that profits came from the non-infringing aspects of the product. In other words, the non-infringing party gets all of the profits from the sale of an infringing product, unless the infringing party can show that the profits did not come from the infringing aspects of the product. So, by way of illustration, imagine if General Motors sold a car with a Coca-Cola sticker on it. Coca-Cola would be able to recover all of the profits from the sale of the car, unless General Motors could show that the profits came from the non-infringing aspects of the car (say, from the fact that it was electric and thus was highly desirable to consumers). That's not the situation here. Deckers wants to keep all of the frozen funds, period. Deckers has made no showing that the frozen funds came from the sale of infringing products, as opposed to non-infringing products. (Presumably the websites sold other products, too, meaning products that did not infringe Plaintiff's intellectual property.) The case law does not support the sweeping proposition that, if a defendant infringes a patent, then the plaintiff can freeze and keep whatever money it can get its hands on, even if the money is not connected to the sale of the infringing products. That is, there is no support for the notion that a court can presume that all of the defendant's funds are "profit" from the sale of an infringing product. Plaintiff did not make any showing about Defendants' profits, except the amount of the frozen funds, so this Court awards only $250 per Defendant. (As an aside, this Court does not rest its decision on this grounds, but this Court will note that Deckers also made no showing that the frozen funds represent profits, as opposed to mere revenue. The statute does not authorize a plaintiff to recover revenue. It authorizes a plaintiff to recover "profit." See 35 U.S.C. § 289. That way, the infringing party cannot retain ill-gotten gains. Profit and revenue are not the same thing. So, taking a step back, there are two separate questions. One question is how to allocate profits from the sale of a product, when some of the profits could have come from the infringing aspects of the product, and some of the profits could have come from the non-infringing aspects of the product. Another question is how to proceed if the funds at issue are revenue, and a court must decide what percentage is allocated to costs and what percentage is allocated to profit. At times, the Seventh Circuit in WMS Gaming addressed the first question, meaning how to allocate profits, but then shifted to the second issue, meaning how to approach revenue and allocate costs and profits. It seems odd to apply a presumption that all revenue is profit. That approach seems difficult to square with the statutory text, which expressly authorizes the non-infringing party to recover profit, and only profit, but not all revenue. At some point, the presumption would swallow the text.) There are no remaining claims against any defendant. Final Judgment Order to follow. Permanent Injunction Order to follow. The case is closed. Civil case terminated. Mailed notice. |
| 02/25/2022 | MINUTE entry before the Honorable Steven C. Seeger: The motion to withdraw as counsel (Dckt. No. 57) is granted. Attorney Martin Francis Trainor is terminated as counsel of record. Mailed notice. |
| 02/25/2022 | MOTION by Attorney Martin F. Trainor to withdraw as attorney for Deckers Outdoor Corporation. No party information provided |
| 02/18/2022 | Updated Schedule A in Accordance with Minute Entry 51 by Deckers Outdoor Corporation |
| 02/18/2022 | NOTICE of Voluntary Dismissal by Deckers Outdoor Corporation as to certain defendants |
| 02/04/2022 | TRANSCRIPT OF PROCEEDINGS held on 11-10-2021 before the Honorable Steven C. Seeger. Order Number: 42049. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 2/25/2022. Redacted Transcript Deadline set for 3/7/2022. Release of Transcript Restriction set for 5/5/2022. |
| 01/28/2022 | NOTICE of Voluntary Dismissal by Deckers Outdoor Corporation as to certain defendant |
| 01/18/2022 | CERTIFICATE of Service by Plaintiff Deckers Outdoor Corporation regarding text entry, 51 |
| 01/14/2022 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for entry of default and default judgment (Dckt. No. 48) is hereby granted in part. The responses to the complaint are late. The Court enters default under Rule 55(a) against the Schedule A Defendants identified in Exhibit 1 to the supporting memorandum. (Dckt. No. 49 -1) Plaintiff must serve a copy of this Order on Defendants, and file a certificate of service on the docket. Defendants' response to the motion for default judgment is due by January 26, 2022. Defendants must file a motion if they seek a hearing. Plaintiff must file an updated list of the Schedule A Defendants if they settle with anyone in the meantime. Mailed notice |
| 01/13/2022 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[49] 附件： 1:Exhibit 1 |
| 01/13/2022 | MEMORANDUM by Deckers Outdoor Corporation in support of motion for entry of default, motion for default judgment[48] 附件： 1:Exhibit 1 |
| 01/13/2022 | MOTION by Plaintiff Deckers Outdoor Corporation for entry of default, MOTION by Plaintiff Deckers Outdoor Corporation for default judgment as to all Defendants with the exception of certain Defendants |
| 01/13/2022 | NOTICE of Voluntary Dismissal by Deckers Outdoor Corporation as to certain defendants |
| 01/07/2022 | NOTICE of Voluntary Dismissal by Deckers Outdoor Corporation as to certain defendants |
| 01/05/2022 | NEW PARTIES: (royallove Store, 335211ng88 Store, A Grade Apparel Store, amazonny Store, beiyasi Y-win Store, CCFUR Store, DOLLARS (Offer Drop Shipping, O E M) Store, HaiYiHong Store, iFitness Dropshipping Store, iSHINE Store, LinQi MODX Trading Co., Ltd. Store, LUCDUST Store, LZXGSJ Store, Mlaer01 Store, PEDKURG Factory Store Store, Q&K Fur Store, SharkBaby Store, Shop1020438 Store, Shop5748288 Store, Shop910659031 Store, Shop911034048 Store, Shop911191248 Store, Shop911569467 Store, sp2021shoe Store, Stylish SVIP Store, Su7ny Store, wanlongcheng Store, Woman's heaven Store, Yanfan Store, yongqinli002 Store, ZDFURS Official Store, zhupinde2 Store, Missangel Store, 864939671, A3Q6XBT3L5DFFG, Abberrki, Asverd, DinaUs, DSYY, fan of home, Fibure Shoes, heyixieye, HOME_COMFY, HZ-FSHOW, JHFSIOD, JOJO BALL, LazyStep store, likehuart, liyeel, LJH-SHOP, LUCK LTD, owerctveaz, Rhyfansi, Sanfiago, ShuiDa, TianJinXin, Tueiislk541, UEYLUE, Vonair Comfortable Shoes Supplier, WangQingYu, Werssr6312, xuein, yangruijia, ZHANGHAIE-US, Zhaorui, Zhengyuan Health Shop, Zhenjiang Pan American Electronic Commerce Co. Ltd, zqyyjxb-1, ZXQSHOP, Hengzhe, Miaoce, Shecheng, Zhebian, Zhegan, Zhejiao, Zheru, Zhewan and Zhezui added to case caption. |
| 01/03/2022 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 1/3/2022. Mailed notice. |
| 01/03/2022 | MINUTE entry before the Honorable Steven C. Seeger: Based on the proof of service (Dckt. No. [35]), the responses to the complaint were due by December 28, 2021, but Defendants filed nothing. A motion for default is due by January 13, 2022. Plaintiff's motion for preliminary injunction (Dckt. No. [36]) is hereby granted, excluding the Defendants who were subsequently dismissed. Preliminary Injunction Order to follow. Mailed notice. |
| 12/30/2021 | NOTICE of Voluntary Dismissal by Deckers Outdoor Corporation as to certain defendants |
| 12/30/2021 | NOTICE of Voluntary Dismissal by Deckers Outdoor Corporation as to certain defendant |
| 12/23/2021 | NOTICE of Voluntary Dismissal by Deckers Outdoor Corporation as to certain defendant |
| 12/23/2021 | NOTICE of Voluntary Dismissal by Deckers Outdoor Corporation as to certain defendants |
| 12/17/2021 | NOTICE of Voluntary Dismissal by Deckers Outdoor Corporation as to certain defendants |
| 12/08/2021 | NOTICE of Voluntary Dismissal by Deckers Outdoor Corporation as to certain defendants |
| 12/07/2021 | Schedule of Defendant's Frozen Funds by Deckers Outdoor Corporation |
| 12/07/2021 | MOTION by Plaintiff Deckers Outdoor Corporation for preliminary injunction 附件： 1:Declaration RiKaleigh C. Johnson 2:Exhibit 1 |
| 12/07/2021 | SUMMONS Returned Executed by Deckers Outdoor Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 12/7/2021, answer due 12/28/2021. 附件： 1:Declaration of Martin F. Trainor |
| 12/07/2021 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 11/30/2021 | STATEMENT by Deckers Outdoor Corporation Regarding 27 |
| 11/24/2021 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for extension of time (Dckt. No. 32) is hereby granted. The Court extends the TRO until December 10, 2021. Mailed notice. |
| 11/22/2021 | MOTION by Plaintiff Deckers Outdoor Corporation for extension of time of Temporary Restraining Order 附件： 1:Declaration of Justin R. Gaudio |
| 11/18/2021 | SURETY BOND in the amount of $87,000.00 posted by Deckers Outdoor Corporation (Document not scanned). |
| 11/12/2021 | SEALED TEMPORARY Restraining Order Signed by the Honorable Steven C. Seeger on 11/12/2021. Mailed notice. |
| 11/12/2021 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for leave to file under seal (Dckt. No. 4) is hereby granted. Plaintiff's motion for electronic service of process (Dckt. No. 17) is hereby granted. Plaintiff's motion for temporary restraining order (Dckt. No. 12) is hereby granted. Temporary Restraining Order to follow.Mailed notice. |
| 11/10/2021 | MINUTE entry before the Honorable Steven C. Seeger: Status hearing held on November 10, 2021. The Court expressed its concerns to Plaintiff's counsel about recent communications. Plaintiff's counsel acknowledged that they heard and understood the message from the Court, without the need for a written opinion. Mailed notice |
| 11/10/2021 | MINUTE entry before the Honorable Steven C. Seeger: Status hearing held on November 10, 2021. The Court expressed its concerns to Plaintiff's counsel about recent communications. Plaintiff's counsel acknowledged that they heard and understood the message from the Court, without the need for a written opinion. By November 30, 2021, Plaintiff must file a spreadsheet that identifies, by Defendant, the amount of funds frozen under this Court's temporary restraining order. That obligation will continue to apply even if this Court enters final judgment in the meantime. Mailed notice |
| 11/08/2021 | MINUTE entry before the Honorable Steven C. Seeger: On November 4, 2021, this Court set a hearing for November 10, 2021 and 9:00 a.m. Plaintiff's counsel filed a motion, stating that they have a conflict with other court hearings that morning. The motion is granted in part and denied in part. This Court resets the hearing for 8:30 a.m. on November 10, 2021. All attorneys for Plaintiff must participate, in person. No exceptions. No telephonic participation. Mailed notice |
| 11/04/2021 | MINUTE entry before the Honorable Steven C. Seeger: The Court will preside over an in-person hearing on November 10, 2021 at 9:00 a.m. in courtroom 2319. Each and every attorney who has entered an appearance for Plaintiff in this case must appear, in person. Participation by telephone is not permitted. Mailed notice. |
| 11/01/2021 | STATEMENT by Deckers Outdoor Corporation re 23 附件： 1:Exhibit 1 2:Exhibit 2 |
| 10/29/2021 | MINUTE entry before the Honorable Steven C. Seeger: By November 1, 2021, Plaintiff's counsel must file a spreadsheet that lists each and every Schedule A case filed in this District by Greer, Burns, & Crain since January 1, 2020. The spreadsheet must include the name of each case, the case number, and the assigned judge. Separately, Plaintiff's counsel must file a second spreadsheet that identifies every Schedule A case filed by Greer, Burns, & Crain that was assigned to Judge Seeger since January 1, 2020. Plaintiff's counsel also must submit an Excel version of the spreadsheets by emailing them to Judge Seeger's proposed order inbox. No extensions. Mailed notice |
| 10/29/2021 | MINUTE entry before the Honorable Steven C. Seeger: By November 1, 2021, Plaintiff's counsel must file a spreadsheet that lists each and every Schedule A case filed in this District by Greer, Burns, & Crain since January 1, 2020. The spreadsheet must include the name of each case, the case number, and the assigned judge. Separately, Plaintiff's counsel must file a second spreadsheet that identifies every Schedule A case filed by Greer, Burns, & Crain that was assigned to Judge Seeger since January 1, 2020. Plaintiff's counsel also must submit an Excel version of the spreadsheets by emailing them to Judge Seeger's proposed order inbox. No extensions.Mailed notice |
| 08/13/2021 | Notice of Claims Involving Patents by Deckers Outdoor Corporation |
| 08/13/2021 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Deckers Outdoor Corporation |
| 08/13/2021 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18 附件： 1:Exhibit 1 2:Exhibit 2 |
| 08/13/2021 | MEMORANDUM by Deckers Outdoor Corporation in support of motion for miscellaneous relief 17 |
| 08/13/2021 | MOTION by Plaintiff Deckers Outdoor Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 08/13/2021 | SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 2 - Parts 1-2 regarding declaration 15 附件： 1:Exhibit 2-1 2:Exhibit 2-2 |
| 08/13/2021 | DECLARATION of Lisa Bereda regarding memorandum in support of motion 13 附件： 1:Exhibit 1 |
| 08/13/2021 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 13 附件： 1:Exhibit 1 2:Exhibit 2 |
| 08/13/2021 | MEMORANDUM by Deckers Outdoor Corporation in support of motion for temporary restraining order 12 |
| 08/13/2021 | MOTION by Plaintiff Deckers Outdoor Corporation for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 08/12/2021 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 08/12/2021 | MAILED Trademark report to Patent Trademark Office, Alexandria VA |
| 08/10/2021 | CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. |
| 08/10/2021 | ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Martin Francis Trainor |
| 08/10/2021 | ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by RiKaleigh C. Johnson |
| 08/10/2021 | ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Amy Crout Ziegler |
| 08/10/2021 | ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Justin R. Gaudio |
| 08/10/2021 | CIVIL Cover Sheet |
| 08/10/2021 | MOTION by Plaintiff Deckers Outdoor Corporation for leave to file under seal |
| 08/10/2021 | SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 1 Parts 1-2 regarding complaint[1] |
| 08/10/2021 | SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Schedule A regarding complaint[1] |
| 08/10/2021 | COMPLAINT filed by Deckers Outdoor Corporation; Filing fee $ 402, receipt number 0752-18551745. 附件： 1:Exhibit 2 2:Exhibit 3 3:Exhibit 4 4:Exhibit 5 |
