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2021-cv-05592

Those Characters From Cleveland, LLC 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:

日期 描述
05/25/2022 DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 5/25/2022. Notices mailed.
05/25/2022 MINUTE entry before the Honorable Manish S. Shah: No defendant has appeared or objected to the motion for default judgment. The motion 33 is granted. Based on the evidence submitted in support of the temporary restraining order and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's trademarks irreparably harms plaintiff and confuses the public. The infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants, the value of the plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $100,000 is an appropriate award of statutory damages. This award applies only once to each defaulting defendant, even if the defendant uses multiple aliases listed in Schedule A. Enter Default Judgment Order. Terminate civil case. Notices mailed.
05/19/2022 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 115
05/13/2022 MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for default judgment 33 must be properly filed by 5/20/2022. If no objections are filed, the motion will be considered unopposed.
05/13/2022 DECLARATION of Michael A. Hierl regarding motion for default judgment 33
附件:
1:(Exhibit Hierl Exhibit 1)
05/13/2022 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for default judgment 33
附件:
1:Exhibit 1
2:(Exhibit 2)
05/13/2022 MOTION by Plaintiff Those Characters from Cleveland, LLC for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
05/13/2022 DECLARATION of Robert P. McMurray Declaration of Service
02/23/2022 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
12/22/2021 SUMMONS Returned Executed by Those Characters from Cleveland, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto on 12/21/2021, answer due 1/11/2022.
12/21/2021 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto
12/07/2021 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 214
12/06/2021 NEW PARTIES: ZenithY, zhangchangbin, zhangfengqi123456, zhanghaiqiang15, zhangleilei163, zhangliyun1953, zhangmei5636956, zhangsan0806, zhanyongxue23, zhaohuaizhi464576, zhengyunyun0912, Zhuhai Haobo Trading Company, ZIHANGTXfs0002 and ZLYSHOP added to case caption.
12/06/2021 NEW PARTIES: piprintondemand, Q ZLP EZS, qu15967, RedBuffaloShop, RitaBanfielde, SDGEGWW, shiyan55667, Showing goodgood shop, SHruiruir, Silver-eared Mesia, Skgnsodkafspfdpfodfkdhh33, smaloadbixwj, Sueyiseny baby's, surprise ping, surprise shi, tangyanqiong21, Ternechel, The other shore flower, Tina. Webb, tt8t8t8, tuyruwuhe, Usefully, Venbin Wutong, wall canvas, wangqiushan123, wasfa, weian fashion, Weiteifoumi Gifts, wenlonghui666, wfh24, wnkjdhiyhfi, wuyglsdf25, xjrbfd shopping, xuqingchu fashoin, xuyyiyi, y6y8h8, yaomingfan, YIJIN42, YIJIN43, Yinfomathsmede, yinjianing1, YJUDTKTUKYA, yubaoshui886, yueliuzhiqiu, yujingqi6332, yuqiang668, yuxingxue54648, yydyydyideyi, YYYTT9T9 and Zabrina Robinson added to case caption.
12/03/2021 NEW PARTIES: chungnguyen, chuxiaofeng1699, Dabchick, delicacyJin, Design For Worldwide, dfhdajg, dfwrsthyjtd, duaoxion, duhuimin88866, Edwin Morales66, edxtech, eila0pha, Envy Iteri, ewrfd, Fashingming99, gaosiying Store, gsdeqr online store, gugu558, guohongliang 00856, hanjiahui1411, hejinhuaer, helin1993, hlei5586, hokjuh Friday, huangxianhui66058, hufuyong3648, In-Moon.Light, Javimarket1988, JINGYUnyun88, Joyce Bray, K-Mild, LaiyanciqE, lansitute, lihaixia0987, lihui3297, lijiawei4628, liping870624, liujianghuai123, liuping72963, Lixiumei1314, liyaolong13, luv luv meow, maccc, maxiaobin464848, minzustyle, molili61018, naishikuan138792489, omyg, ouyongfeng8899 and PerInterest Store added to case caption.
12/03/2021 NEW PARTIES: wangmingzhena, wngqianwen, xiaorana, Xiguasha More zitan yougou, xiongwenwu, xm2020, ying-12032962, yique07733, youyun11530, yuanfang123456, yuanfenxie00, yufeile, Yuthreen Golden, zhangbaishuai5018, zhangjiaming Store, zhangjinsuo720925, zhaoqing Store, zhenqiuyupao, zhongxiaomei, zhoutiancheng3314, ZYX258, 6GGVO9YUT, Aehthere bibs, ajue72, AlidaStore, Ambrosia Owen, an11gwayash, Andrew Spinks, AnnaBo, Beaut-Pavilion, becrngyun, chaxiaoyan0344963589, chengzhen666, Chenlili789 and chuiyingpanjiu added to case caption.
12/06/2021 NEW PARTIES: ZenithY, zhangchangbin, zhangfengqi123456, zhanghaiqiang15, zhangleilei163, zhangliyun1953, zhangmei5636956, zhangsan0806, zhanyongxue23, zhaohuaizhi464576, zhengyunyun0912, Zhuhai Haobo Trading Company, ZIHANGTXfs0002 and ZLYSHOP added to case caption.
12/06/2021 NEW PARTIES: piprintondemand, Q ZLP EZS, qu15967, RedBuffaloShop, RitaBanfielde, SDGEGWW, shiyan55667, Showing goodgood shop, SHruiruir, Silver-eared Mesia, Skgnsodkafspfdpfodfkdhh33, smaloadbixwj, Sueyiseny baby's, surprise ping, surprise shi, tangyanqiong21, Ternechel, The other shore flower, Tina. Webb, tt8t8t8, tuyruwuhe, Usefully, Venbin Wutong, wall canvas, wangqiushan123, wasfa, weian fashion, Weiteifoumi Gifts, wenlonghui666, wfh24, wnkjdhiyhfi, wuyglsdf25, xjrbfd shopping, xuqingchu fashoin, xuyyiyi, y6y8h8, yaomingfan, YIJIN42, YIJIN43, Yinfomathsmede, yinjianing1, YJUDTKTUKYA, yubaoshui886, yueliuzhiqiu, yujingqi6332, yuqiang668, yuxingxue54648, yydyydyideyi, YYYTT9T9 and Zabrina Robinson added to case caption.
12/02/2021 PRELIMINARY INJUNCTION. Signed by the Honorable Manish S. Shah on 12/2/2021. Notices mailed.
12/02/2021 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction 23 is granted. No defendant has appeared or objected to the motion. The evidence submitted in support of the TRO also supports the entry of a preliminary injunction. Enter preliminary injunction. The Clerk is directed to unseal any previously sealed documents in this matter. 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. Notices mailed.
11/22/2021 MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction must be properly filed by 11/24/21. If no objections are filed, the motion will be considered unopposed. Notices mailed.
11/18/2021 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 23
11/18/2021 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for preliminary injunction 23
11/18/2021 MOTION by Plaintiff Those Characters from Cleveland, LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
11/12/2021 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 21 is granted. The TRO is extended to 11/29/21. Because of the Thanksgiving holiday, the court expects plaintiff to serve defendants and give notice of any motion for a preliminary injunction by 11/19/21. Notices mailed.
11/10/2021 MOTION by Plaintiff Those Characters from Cleveland, LLC for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
11/04/2021 SURETY BOND in the amount of $ 50,000 posted by Those Characters from Cleveland, LLC. (Document not imaged)
11/01/2021 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 11/1/2021. Notices mailed.
11/01/2021 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal 6, for excess pages 8, and for a temporary restraining order, asset restraint, expedited discovery, and electronic service of process 9 are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable, and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property and causes consumer confusion. Those rights cannot be fully compensated by money damages. 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 is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. Because plaintiff names over 200 defendants, the court is doubtful that the defendants are properly joined, but will await adversarial presentation on the question. A $50,000 bond is sufficient to secure the injunction. Plaintiff shall post security by 11/4/21. Enter Sealed TRO. Notices mailed.
10/22/2021 MAILED Copyright report to Registrar, Washington DC.
10/22/2021 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
10/22/2021 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
10/21/2021 NOTICE of Claims Involving Trademarks by Those Characters from Cleveland, LLC Docket Text Modified by Clerk's Office on 10/22/2021.
10/21/2021 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 3 of Gorman Declaration
10/21/2021 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 2 of Gorman Declaration
10/21/2021 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 1 of Gorman Declaration
10/21/2021 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for temporary restraining order, 9
附件:
1:Declaration Gorman Declaration
2:Exhibit 1
3:Exhibit 2 Part 1
4:Exhibit 2 Part 2
5:Declaration Hierl Declaration
6:Exhibit Hierl Exhibit 1
7:Exhibit Hierl Exhibit 2
8:Exhibit Hierl Exhibit 3
10/21/2021 MOTION by Plaintiff Those Characters from Cleveland, LLC 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
10/21/2021 MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10/21/2021 CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment.
10/21/2021 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Sealed Schedule A
10/21/2021 MOTION by Plaintiff Those Characters from Cleveland, LLC to seal document Plaintiff's Motion for Leave to File Under Seal
10/21/2021 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Robert Payton Mcmurray
10/21/2021 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by William Benjamin Kalbac
10/21/2021 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Michael A. Hierl
10/21/2021 CIVIL Cover Sheet
10/21/2021 COMPLAINT filed by Those Characters from Cleveland, LLC; Jury Demand. Filing fee $ 402, receipt number 0752-18791293.
附件:
1:Exhibit 1
2:Exhibit 2 Part 1
3:Exhibit 2 Part 2

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