最近更新：2024-12-25
2024-cv-07610
| 日期 | 描述 |
|---|---|
| 03/03/2025 | FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 3/3/2025. Mailed notice |
| 03/03/2025 | MINUTE entry before the Honorable Sunil R. Harjani: Remaining Defendant No. 13 listed in Amended Schedule A has not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 58 is granted. Based on the evidence previously submitted by plaintiff 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 mark and copyright irreparably harms plaintiff and confuses the public. This 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 Defendant (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established [62, 63] that it provided electronic notice to Defendant of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of Defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 3/6/2025 is stricken. The Clerk of the Court is directed to return the surety bond posted in the amount of ten thousand dollar ($10,000) to Plaintiff's counsel, Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice |
| 02/24/2025 | MINUTE entry before the Honorable Sunil R. Harjani: Telephone status hearing set for 2/25/2025 is stricken. Mailed notice |
| 02/21/2025 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of TV Tokyo Corporation |
| 02/20/2025 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of TV Tokyo Corporation |
| 02/19/2025 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 58 for entry of default and default judgment against Defendant No. 13 listed in Amended Schedule A. Defendant No. 13 has failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objection to the motion for entry of default judgment must be filed on or before 2/26/2025. If no objection is filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 2/26/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon Defendant No. 13 within one business day of its entry on the docket and must promptly file proof of that service. A tentative default judgment hearing is set for 3/6/2025 at 9:15 a.m. Mailed notice |
| 02/18/2025 | DECLARATION of Michael A. Hierl regarding motion for default judgment 58 附件： 1:(Exhibit Hierl Exhibit 1) |
| 02/18/2025 | MEMORANDUM by TV Tokyo Corporation in support of motion for default judgment 58 附件： 1:(Exhibit 2) 2:Exhibit 1 |
| 02/18/2025 | MOTION by Plaintiff TV Tokyo Corporation for default judgment as to Plaintiff's Motion for Entry of Default Judgment Against the Defendant Identified in Amended Schedule A 附件： 1:(Exhibit A) |
| 02/18/2025 | CERTIFICATE of Service by John Wilson on behalf of TV Tokyo Corporation |
| 01/21/2025 | NEW PARTIES: Shop1103505079 Store added to case caption. |
| 01/17/2025 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 1/17/2025. Mailed notice |
| 01/17/2025 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 48 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendant will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 52 that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that the defendant listed on Amended Schedule A is added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 1/21/2025 is stricken. Summons was issued on 1/13/2025, and Defendant's response to the complaint are due by 2/3/2025. Plaintiff should file any motion for entry of default and default judgment by 2/18/2025. If default and default judgment are not being sought, Plaintiff is ordered to file a status report stating whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 2/25/2025 at 9:15 a.m. The call-in number is (855) 2448681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 01/07/2025 | SURETY BOND in the amount of $ 10,000.00 posted by TV Tokyo Corporation |
| 01/14/2025 | SUMMONS Returned Executed by TV Tokyo Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 1/13/2025, answer due 2/3/2025. |
| 01/13/2025 | CERTIFICATE of Service by John Wilson on behalf of TV Tokyo Corporation |
| 01/13/2025 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 48 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve defendant with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if defendant does not appear and object by 1/16/2025." If no objection is filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 1/16/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon defendant within one business day of its entry on the docket and must promptly file proof of that service. Telephone status hearing set for 1/21/2025 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice |
| 01/13/2025 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 48 |
| 01/13/2025 | MEMORANDUM by TV Tokyo Corporation in support of motion for preliminary injunction 48 |
| 01/13/2025 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 01/13/2025 | MOTION by Plaintiff TV Tokyo Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 01/02/2025 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 46 is granted. For the reasons stated in Plaintiff's Motion, the Court finds good cause to extend the temporary restraining order an additional 14 days to 1/20/2025. Plaintiff shall file a preliminary injunction motion if appropriate no later than 1/13/2025. Telephone status hearing set for 1/21/2025 at 9:15 a.m. Mailed notice |
| 01/02/2025 | MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
| 01/02/2025 | MINUTE entry before the Honorable Sunil R. Harjani: Telephone status hearing set for 1/6/2025 is stricken. Mailed notice |
| 12/27/2024 | ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. |
| 12/23/2024 | SEALED TEMPORARY Restraining Order signed by the Honorable Sunil R. Harjani on 12/23/2024. Emailed notice |
| 12/23/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's renewed ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 39 and motion to exceed page limitation 38 are granted. For the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, was defendant to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that its assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendant, stopping defendant's infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit products, and there is no countervailing harm to defendant from an order directing it to stop infringement. 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. Expedited discovery is warranted to identify defendant and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 10:20 a.m. on 12/23/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 12/30/2024. Telephone status hearing is set for 1/6/2025 at 9:15 a.m. Emailed notice |
| 12/20/2024 | SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 to Saiki Declaration |
| 12/20/2024 | MEMORANDUM by TV Tokyo Corporation in support of motion for temporary restraining order, 39 附件： 1:(Exhibit Hierl Exhibit 3) 2:Exhibit Hierl Exhibit 2 3:Exhibit Hierl Exhibit 1 4:Declaration Hierl Declaration 5:Exhibit 2 6:Exhibit 1 7:Declaration Saiki Declaration |
| 12/20/2024 | MOTION by Plaintiff TV Tokyo Corporation for temporary restraining order Plaintiff's Renewed Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication |
| 12/20/2024 | MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 12/20/2024 | SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Amended Schedule A |
| 12/20/2024 | Second Amended Complaint AMENDED complaint by TV Tokyo Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 附件： 1:(Exhibit 2) 2:Exhibit 1 |
| 12/16/2024 | MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the plaintiff's memorandum on joinder 31 and determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of 67 defendants is proper in this matter under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosms. Ltd. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"). The Court observes that plaintiff's memorandum includes a fair amount of conclusory language about a logical relationship among all defendants but not much, if any, facts to actually support that relationship. Beyond alleging that the 67 defendants are infringing upon plaintiff's trademarks and copyrights, plaintiff claims only generally that joinder is proper because, inter alia, defendants use common design elements, offer similar counterfeit products for sale, omit contact information or other identifying information for Defendants, offer no credible information regarding their physical addresses, and use the same advertising and marketing strategies to target consumers while attempting to evade enforcement. Doc. 31 at 4, 9, 12. The fact that defendants operate under fictitious aliases, do not provide credible physical address information, use the same advertising and marketing strategies to target consumers while attempting to evade enforcement, and use webpages that omit contact information or other information for identifying defendants "does nothing to support joinder either because these allegations are highly generic and apply equally to individuals and entities engaging in activities that are wholly unrelated to this suit." Art Ask Agency v. Individuals, Corps., Ltd. Liab. Cos, P'ships, & Unincorporated Ass'ns Identified on Schedule "A", 2021 WL 5493226, at *2 (N.D. Ill. Nov. 23, 2021); Ilustrata Servicos Design, Ltda. v. P'ships and Unincorporated Ass'ns on Schedule A, 2021 WL 5396690, at *2 (N.D. Ill. Nov. 18, 2021). Other than omitting contact or identifying information, plaintiff does provide any specific examples of the e-commerce stores' shared unique identifiers or common design elements and instead the record contains Exhibit 3 to the Declaration of Hiroaki Saiki (which includes 832 pages of screenshots from defendants' listings) without providing the Court with specific additional information from those listings that might in fact support joinder in this matter. See Doc. 17-1. It is not this Court's job to sift through hundreds of pages of materials to look for some relationship among the defendants. Moreover, "defendants with nearly identical product descriptions may in fact share no ties, with each simply copying the same description from elsewhere." Estee Lauder Cosms. Ltd., et al. v. The P'ships, et al., No. 20-cv-00845 (N.D. Ill. June 22, 2020) (Lee, J.) (Doc. 40 at 9); see also Estee Lauder, 334 F.R.D. at 188. Within its discretion, on this record, the Court finds that plaintiff has failed to meet its burden to show that joining all 67 defendants in this single lawsuit is proper here. See Viking Arm AS v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 2024 WL 2953105, at *3 (N.D. Ill. June 6, 2024); Art Ask Agency, 2021 WL 5493226, at *2; H-D U.S.A. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", 2021 WL 780486, at *3 (N.D. Ill. Mar. 1, 2021). Accordingly, plaintiff's motion for temporary restraining order 17 and motion to exceed page limitation 16 are denied without prejudice. Plaintiff shall file a second amended complaint consistent with this order along with a second amended schedule A identifying a single defendant (that may be filed under seal) by 12/20/2024. H-D U.S.A., 2021 WL 780486, at *2 ("The Seventh Circuit has recognized the broad discretion that district courts have in remedying misjoinder, so long as the court's decision avoids unnecessary harm to the parties."). Mailed notice |
| 12/02/2024 | [CORRECTED] MINUTE entry No. 33 before the Honorable Sunil R. Harjani: For the reasons stated in the motion, plaintiff's motion for leave to file under seal 7 is granted. Mailed notice |
| 12/02/2024 | MINUTE entry before the Honorable Sunil R. Harjani: MOTION by Plaintiff for Leave to File Under Seal 7 is granted. Mailed notice |
| 11/14/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file a memorandum in support of joinder 30 is granted. As such, plaintiff need not file the status report as directed by the Court's Order dated 11/12/2024. Mailed notice |
| 11/13/2024 | MEMORANDUM by TV Tokyo Corporation Plaintiff's Memorandum in Support of Joinder |
| 11/13/2024 | MOTION by Plaintiff TV Tokyo Corporation for leave to file Plaintiff's Motion for Leave to File Plaintiff's Memorandum in Support of Joinder |
| 11/12/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff did not file the supplemental memorandum addressing the propriety of joinder due 11/8/2024. Plaintiff shall file a status report with an update on the case by 11/19/2024. Telephone status hearing set for 11/14/2024 is stricken. Mailed notice |
| 10/31/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal 7, plaintiff's motion to exceed page limitation 16, and plaintiff's motion for temporary restraining order 17 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 65 defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 11/8/2024, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. A telephone status hearing is set for 11/14/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 10/31/2024 | Notice of Claims Involving Trademarks by TV Tokyo Corporation |
| 10/31/2024 | SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 8 of Saiki Declaration |
| 10/31/2024 | SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 7 of Saiki Declaration |
| 10/31/2024 | SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 6 of Saiki Declaration |
| 10/31/2024 | SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 5 of Saiki Declaration |
| 10/31/2024 | SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 4 of Saiki Declaration |
| 10/31/2024 | SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 3 of Saiki Declaration |
| 10/31/2024 | SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 2 of Saiki Declaration |
| 10/31/2024 | SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 1 of Saiki Declaration |
| 10/31/2024 | MEMORANDUM by TV Tokyo Corporation in support of motion for temporary restraining order, 17 附件： 1:Exhibit Hierl Exhibit 3 2:Exhibit Hierl Exhibit 2 3:Exhibit Hierl Exhibit 1 4:Declaration Hierl Declaration 5:Exhibit 2 6:Exhibit 1 7:Declaration Saiki Declaration 8:(Exhibit Hierl Exhibit 4) |
| 10/31/2024 | MOTION by Plaintiff TV Tokyo Corporation for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication |
| 10/31/2024 | MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 10/31/2024 | SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Amended Schedule A |
| 10/31/2024 | AMENDED complaint by TV Tokyo Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 10/09/2024 | MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the Initial Status Report 12. Plaintiff shall file an Amended Complaint, Amended Schedule A and a Motion for Entry of a Temporary Restraining Order and supporting Memorandum by 10/31/2024. Mailed notice |
| 10/09/2024 | STATUS Report Initial Status Report by TV Tokyo Corporation |
| 09/30/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff shall file a status report with an update on the case by 10/9/2024. Mailed notice |
| 08/26/2024 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
| 08/23/2024 | CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. |
| 08/23/2024 | CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). |
| 08/23/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TV Tokyo Corporation |
| 08/23/2024 | SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Sealed Schedule A |
| 08/23/2024 | MOTION by Plaintiff TV Tokyo Corporation to seal document Plaintiff's Motion for Leave to File Under Seal |
| 08/23/2024 | ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by John Wilson |
| 08/23/2024 | ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Robert Payton Mcmurray |
| 08/23/2024 | ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by William Benjamin Kalbac |
| 08/23/2024 | ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Michael A. Hierl |
| 08/23/2024 | CIVIL Cover Sheet |
| 08/23/2024 | COMPLAINT filed by TV Tokyo Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22395058. 附件： 1:Exhibit 1 2:(Exhibit 2) |
