最近更新:2025-05-17
更新

2021-cv-05008

MVW Holdings, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto

日期:09/22/2021

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
08/04/2022 SATISFACTION of Judgment
05/12/2022 RETURN of U.S. Post Office Receipt number 7019 2280 0000 0962 5926.
04/20/2022 SATISFACTION of Judgment
04/12/2022 SATISFACTION of Judgment
04/05/2022 NOTICE by MVW Holdings, Inc. Notice of Filing
附件:
1:(Amended Schedule A)
04/04/2022 MAILED original ten-thousand-dollar ($10,000) surety bond posted by MVW Holdings, Inc. 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 via certified mail # 7019 2280 0000 0962 5926.
03/31/2022 MAILED trademark report with certified copy of closing order dated 3/31/2022 to Patent Trademark Office, Alexandria VA
03/31/2022 FINAL DEFAULT JUDGMENT ORDER signed by the Honorable Martha M. Pacold on 3/31/2022. Mailed notice.
03/31/2022 ORDER: Plaintiff's motion for leave to file an amended complaint 59 to remove defendant no. 49 is granted. Defendant fjselectronics is dismissed with prejudice and each party shall bear its own attorney's fees and costs. Plaintiff is directed to file an amended Schedule A form on the docket by 4/5/2022. Additionally, in the court's 3/11/2022 minute entry 57, it gave all defendants until 3/24/2022 to object to plaintiff's motion for entry of default and default judgment 53. The court grants plaintiff's motion 53 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) bond posted by plaintiff, including any interest, minus the registry fee, is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $10,000 surety bond previously deposited with the Clerk of the Court 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, via certified mail. Enter Default Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 3/31/2022. Mailed notice.
03/29/2022 MOTION by Plaintiff MVW Holdings, Inc. for leave to file Motion for Leave to File an Amended Schedule A
03/11/2022 NOTICE by MVW Holdings, Inc. Notice of Filing
附件:
1:(Amended Schedule A)
03/11/2022 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 51 is granted. Plaintiff is directed to file an amended Schedule A on the docket by 3/14/2022. Hangzhou SDM Magnetics Co., Ltd. and ngngu_38 terminated. Additionally, plaintiff has moved for entry of default and default judgment. 53. Any defendant wishing to appear and object to plaintiff's motion 53 shall file an objection by 3/24/2022. Plaintiff shall serve defendants with this notice.
03/10/2022 STATUS Report by MVW Holdings, Inc.
03/04/2022 DECLARATION of Michael A. Hierl regarding motion for default judgment 53
附件:
1:(Exhibit Hierl Exhibit 1)
03/04/2022 MEMORANDUM by MVW Holdings, Inc. in support of motion for default judgment 53
附件:
1:Exhibit 1
2:(Exhibit 2)
03/04/2022 MOTION by Plaintiff MVW Holdings, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
03/04/2022 DECLARATION of Robert P. McMurray Declaration of Service
03/04/2022 MOTION by Plaintiff MVW Holdings, Inc. for leave to file Motion for Leave to File an Amended Schedule A
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.
01/12/2022 NOTICE by MVW Holdings, Inc. Notice of Filing
附件:
1:(Amended Schedule A)
01/07/2022 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to amend the pleadings 47 is granted. Plaintiff is directed to file the amended schedule A form as a separate docket entry by 1/13/2022.
01/05/2022 MOTION by Plaintiff MVW Holdings, Inc. to Amend Pleadings
附件:
1:Amended Schedule A
12/28/2021 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for an extension of time to amend the pleadings 45 is granted. Plaintiff is directed to refile by 1/5/2022 the notice of voluntary dismissal as a motion to amend the pleadings under Rule 15(a)(2) in compliance with the court's previous orders, or if plaintiff seeks to continue proceeding under Rule 41(a)(1), to file a statement by the same date addressing why proceeding under Rule 41(a)(1) is appropriate.
12/22/2021 MOTION by Plaintiff MVW Holdings, Inc. for extension of time Plaintiff's Motion for an Extension of Time to File a Motion to Amend the Pleadings or a Statement
12/20/2021 MINUTE entry before the Honorable Martha M. Pacold: This court has previously instructed plaintiff several times that Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action and that the future, plaintiff should seek leave to amend the pleadings under Rule 15(a)(2) rather than filing notices of dismissal under Rule 41(a)(1). 31, 38, 41. Plaintiff has again, however, filed a notice of voluntary dismissal for defendant no. 76 pursuant to Rule 41(a)(1). The court once again informs plaintiff that Rule 41(a)(1) is not the proper vehicle to dismiss some, but not all parties, to an action. Plaintiff is directed to read this court's orders carefully and to comply with them. Plaintiff is directed to refile by 12/22/2021 the notice of voluntary dismissal as a motion to amend the pleadings under Rule 15(a)(2) in compliance with the court's previous orders, or if plaintiff seeks to continue proceeding under Rule 41(a)(1), to file a statement by the same date addressing why proceeding under Rule 41(a)(1) is appropriate (if more time is necessary, plaintiff may seek an extension of time).
12/17/2021 NOTICE of Voluntary Dismissal by MVW Holdings, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 76
12/16/2021 NOTICE by MVW Holdings, Inc. Notice of Filing
附件:
1:Amended Schedule A
12/09/2021 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 40, which seeks to voluntarily dismiss defendants no. 31 and 53 under Rule 41(a)(1). The court again advises plaintiff, see 31, 38, that (1) Rule 41(a) is not the proper vehicle for dismissal some, but not all, parties to an action, and (2) in the future, plaintiff should seek leave to amend the pleadings under Rule 15(a)(2) rather than filing notices of dismissal under Rule 41(a)(1). The court construes plaintiff's notice of voluntary dismissal 40 as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants no. 31 and 38 from the Schedule A form, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 12/16/2021 identifying the remaining defendants.
12/06/2021 NOTICE of Voluntary Dismissal by MVW Holdings, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
11/23/2021 NOTICE by MVW Holdings, Inc. Amended Schedule A
附件:
1:Amended Schedule A
11/22/2021 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 37, which seeks to voluntarily dismiss defendants no. 32, 69, 73, 75 under Rule 41(a)(1). As the court has already noted for plaintiff, Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. See 31. The court therefore construes plaintiff's notice of voluntary dismissal 37 as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants no. 32, 69, 73, 75 from the Schedule A form, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 11/24/2021 identifying the remaining defendants. Plaintiff is advised that, in the future, it should seek leave to amend the pleadings under Rule 15(a)(2) rather than filing notices of dismissal under Rule(a)(1).
11/19/2021 NOTICE of Voluntary Dismissal by MVW Holdings, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
11/17/2021 NOTICE by MVW Holdings, Inc.
附件:
1:Amended Schedule A
11/10/2021 MINUTE entry before the Honorable Martha M. Pacold: Defendant Jack & Roo LLC's motion for extension of time 34 is granted. Defendant Jack & Roo LLC (identified on Schedule A as defendant 53 "Mannie 16") is given until 12/1/2021 to file a responsive pleading.
11/09/2021 MOTION by Defendant mannie416 for extension of time to file response/reply to the Plaintiff's Complaint, MOTION by Defendant mannie416 for extension of time to file answer or otherwise respond to the complaint
11/04/2021 NEW PARTIES: Shandong Siglo International Trade Co., Ltd., Yongkang Yuqi Industry And Trade Co., Ltd., ahnigltio11, craig_5862, dani-shopping, ebshop14, envio_gratis_2000, erdin4037, free_fast_shipping10, garedw-8977, huyn-79, jathom_492, jm34-4976, kathop-89, keitth694shop, kena_8134, ngngu_38, nguye_586908, pammess-5, paukka, percompproducts, plcsoftware, quangtran5553, ranhel-68, shantell_94, tibi222_shop, tri_5480, vatsik79, vin_tech_102, wernerkonop66, Shantou Chenghai Paite Toys Co., Ltd., Hangzhou Beihao Toy Co., Ltd., HangZhou JuMa Industrial Co., Ltd., Hangzhou Strong Magnet & Assembly Co., Ltd., Hangzhou Tangai Import And Export Co., Ltd., Hangzhou Times Industrial Co., Ltd., Magikool Toys & Gifts Co., Ltd., Ningbo Bestway Magnet Co., Ltd., Ningbo BMAG Toy Co., Ltd. and Robotime C&C (Jiangsu) Co., Ltd. added to case caption.
11/04/2021 NEW PARTIES: the_best_deals_to_you, tikbo6, truegamerservices, uxlc9887, Guangzhou Yingnisi Trading Co., Ltd., Hangzhou SDM Magnetics Co., Ltd., Nantong Jakarta Trade Co., Ltd., Xiamen Xiangbinli Trade Co., Ltd., Yongkang Hongle Industry & Trade Co., Ltd., Yongkang Lizewei Industry & Trade Co., Ltd., Angle Kids's Store, Jining Zhutong International Trade Co., Ltd., Ningbo Syloon Imp. & Exp. Co., Ltd, QWZ Second Toy Store, Shantou Chachi Toys Co., Ltd., Shantou Chenghai Sam Toys Industrial Co., Ltd., Xiamen Yeci Technology Co., Ltd., Yiwu B&T Crafts & Arts Co., Ltd., Zhejiang Longqian Fengming Import And Export Co., Ltd. and Zhutongint Store added to case caption.
11/04/2021 NEW PARTIES: Tongxiang Kebo Toys Co., Ltd., Yiwu Gangbo Toys Co., Ltd., Yuyao Magart Toys S&T Co., Ltd., Yuyao Shengkangda Electrical Appliance Co., Ltd., *secure0deals*, 2020sight, asiriamith, bui_17, fjselectronics, globshoonlin_0, greatdealsec, lovoly_forever, mannie416, maximus_jb, mikilh, ngutanv_0, robertocarlos11, sandunethweera, tahanitoto and teamart939 added to case caption.
11/04/2021 NEW PARTIES: Shandong Siglo International Trade Co., Ltd., Yongkang Yuqi Industry And Trade Co., Ltd., ahnigltio11, craig_5862, dani-shopping, ebshop14, envio_gratis_2000, erdin4037, free_fast_shipping10, garedw-8977, huyn-79, jathom_492, jm34-4976, kathop-89, keitth694shop, kena_8134, ngngu_38, nguye_586908, pammess-5, paukka, percompproducts, plcsoftware, quangtran5553, ranhel-68, shantell_94, tibi222_shop, tri_5480, vatsik79, vin_tech_102, wernerkonop66, Shantou Chenghai Paite Toys Co., Ltd., Hangzhou Beihao Toy Co., Ltd., HangZhou JuMa Industrial Co., Ltd., Hangzhou Strong Magnet & Assembly Co., Ltd., Hangzhou Tangai Import And Export Co., Ltd., Hangzhou Times Industrial Co., Ltd., Magikool Toys & Gifts Co., Ltd., Ningbo Bestway Magnet Co., Ltd., Ningbo BMAG Toy Co., Ltd. and Robotime C&C (Jiangsu) Co., Ltd. added to case caption.
11/04/2021 ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 11/4/2021. Mailed notice.
11/04/2021 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 11/4/2021:
11/04/2021 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 30, which seeks to voluntarily dismiss defendant no. 61 under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal 30 as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendant no. 61 from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 11/17/2021 identifying the remaining defendants. Additionally, other than defendant no. 61, no defendant has filed an appearance to object to plaintiff's motion for entry of a preliminary injunction 25. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction 25 is granted. 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.
10/29/2021 NOTICE of Voluntary Dismissal by MVW Holdings, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 61
10/19/2021 SUMMONS Returned Executed by MVW Holdings, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto on 10/19/2021, answer due 11/9/2021.
10/19/2021 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 25 under advisement and will consider the motion unopposed if no defendant appears and objects by 10/26/2021.
10/18/2021 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto.
10/18/2021 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 25
10/18/2021 MEMORANDUM by MVW Holdings, Inc. in support of motion for preliminary injunction 25
10/18/2021 MOTION by Plaintiff MVW Holdings, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
10/12/2021 CIVIL BOND in the amount of $ 10,000 posted by MVW Holdings, Inc. (Document Not Imaged).
10/07/2021 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 22 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 20 entered on 9/24/21 is extended until 10/22/21. Mailed notice
10/06/2021 MOTION by Plaintiff MVW Holdings, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
09/24/2021 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 9/24/2021:
09/24/2021 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 excess pages 8 and for leave to file under seal 6 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.
09/23/2021 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
09/23/2021 MAILED Trademark report to Patent Trademark Office, Alexandria VA
09/22/2021 Notice of Claims Involving Trademarks by MVW Holdings, Inc.
09/22/2021 SEALED DOCUMENT by Plaintiff MVW Holdings, Inc. Exhibit 2 Part 6 of Valenta Declaration
09/22/2021 SEALED DOCUMENT by Plaintiff MVW Holdings, Inc. Exhibit 2 Part 5 of Valenta Declaration
09/22/2021 SEALED DOCUMENT by Plaintiff MVW Holdings, Inc. Exhibit 2 Part 4 of Valenta Declaration
09/22/2021 SEALED DOCUMENT by Plaintiff MVW Holdings, Inc. Exhibit 2 Part 3 of Valenta Declaration
09/22/2021 SEALED DOCUMENT by Plaintiff MVW Holdings, Inc. Exhibit 2 Part 2 of Valenta Declaration
09/22/2021 SEALED DOCUMENT by Plaintiff MVW Holdings, Inc. Exhibit 2 Part 1 of Valenta Declaration
09/22/2021 MEMORANDUM by MVW Holdings, Inc. in support of motion for temporary restraining order, 9
附件:
1:Declaration Valenta Declaration
2:Exhibit 1
3:Declaration Hierl Declaration
4:Exhibit Hierl Exhibit 1
5:Exhibit Hierl Exhibit 2
6:Exhibit Hierl Exhibit 3
09/22/2021 MOTION by Plaintiff MVW Holdings, Inc. 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
09/22/2021 MOTION by Plaintiff MVW Holdings, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
09/22/2021 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment.
09/22/2021 SEALED DOCUMENT by Plaintiff MVW Holdings, Inc. Sealed Schedule A
09/22/2021 MOTION by Plaintiff MVW Holdings, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal
09/22/2021 ATTORNEY Appearance for Plaintiff MVW Holdings, Inc. by Robert Payton Mcmurray
09/22/2021 ATTORNEY Appearance for Plaintiff MVW Holdings, Inc. by William Benjamin Kalbac
09/22/2021 ATTORNEY Appearance for Plaintiff MVW Holdings, Inc. by Michael A. Hierl
09/22/2021 CIVIL Cover Sheet
09/22/2021 COMPLAINT filed by MVW Holdings, Inc.; Jury Demand. Filing fee $ 402, receipt number 0752-18692658.
附件:
1:Exhibit 1

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