最近更新：2024-12-25
2022-cv-04812
| 日期 | 描述 |
|---|---|
| 03/08/2023 | MAILED trademark report with certified copy of closing order to Patent Trademark Office, Alexandria VA |
| 03/03/2023 | CERTIFICATE of Service by Michael A. Hierl on behalf of Art Ask Agency |
| 03/03/2023 | MINUTE entry before the Honorable Marvin E. Aspen: Plaintiff has filed a notice of voluntary dismissal as to its causes of action against Defendant. (Dkt. No. 44.) In view of this notice, the preliminary injunction we issued on November 4, 2022 (Dkt. No. 36) is dissolved in all respects. Plaintiff shall provide notice of this order and the injunction's dissolution to Defendant and all other parties it notified about the preliminary injunction. This case is dismissed without prejudice, with each party to bear its own costs and attorneys' fees. The status hearing set for April 20, 2023 is stricken. Civil case terminated. Mailed notice |
| 03/02/2023 | NOTICE of Voluntary Dismissal by Art Ask Agency Plaintiff's Notice of Voluntary Dismissal Without Prejudice of All Remaining Defendants |
| 02/21/2023 | ORDER: Plaintiff Art Ask Agency moves for entry of default and default judgment against Defendant "chenqiang55296." (Dkt. No. 40.) As part of the relief sought, Plaintiff seeks an award of $150,000 in statutory damages under 15 U.S.C. § 1117(c)(2) for Defendant's willful trademark counterfeiting in connection with Defendant's sale of counterfeit products that infringe the ANNE STOKES Trademark and Copyrights. (Dkt. No. 41 at 3, 9, 13.) As an initial matter, 15 U.S.C. § 1117(c) is not part of the Copyright Act, so it does not provide a basis for an award of statutory damages for Defendant's alleged infringement of the ANNE STOKES Copyrights. Moreover, section 1117(c) only authorizes statutory damages for the use of a "counterfeit mark" and, as relevant here, a counterfeit mark must be registered on the U.S. Patent and Trademark Office's principal register. 15 U.S.C. §§ 1116(d)(1)(B)(i), 1117(c). In other words, § 1117(c) authorizes statutory damages only for the counterfeiting of registered trademarks. Kaloud, Inc. v. Shisha Land Wholesale, Inc., 741 F. App'x 393, 39596 (9th Cir. 2018); Victoria Cruises, Inc. v. Changjiang Cruise Overseas Travel Co., 630 F. Supp. 2d 255, 261 (E.D.N.Y. 2008). But the operative Amended Complaint does not allege that the ANNE STOKES Trademark is registered (see generally Amended Complaint (Dkt. No. 24)), andPlaintiff has not otherwise provided proof that the ANNE STOKES Trademark is registered on the principal register. In addition, Rule 54(c) prohibits a default judgment from "differ[ing] in kind from, or exceed[ing] in amount, what is demanded in the pleadings." Fed. R. Civ. P. 54(c). "This means that the pleadings control the relief that may be awarded for a default judgment, both as to the kind of relief and its scope." Philips Med. Sys. (Cleveland), Inc. v. Buan, No. 19-cv-2648, 2023 WL 143200, at *7 (N.D. Ill. Jan. 10, 2023) (quotation marks omitted). The Amended Complaint, however, does not request statutory damages under 15 U.S.C. § 1117(c) as relief for Defendant's alleged Lanham Act violation. (Amended Complaint 2024, id. at Prayer for Relief.) For these reasons, even if we enter default and default judgment against Defendant, we do not see how an award of statutory damages under 15 U.S.C. § 1117(c)(2) would be warranted. Nonetheless, because we are raising this issue sua sponte, and out of an abundance of caution, we will give Plaintiff an opportunity to explain why it asserts that statutory damages are proper notwithstanding the legal authority we have cited herein. Plaintiff shall have until March 3, 2023, to do so in a submission that does not exceed five pages. If Plaintiff decides to not pursue statutory damages in this case, it should notify us of this decision by the same date. A status hearing is set for April 20, 2023, at 10:30 a.m. It is so ordered. Signed by the Honorable Marvin E. Aspen on 2/21/2023. Mailed notice |
| 02/14/2023 | DECLARATION of Michael A. Hierl regarding motion for default judgment 40 附件： 1:(Exhibit Hierl Exhibit 1) |
| 02/14/2023 | MEMORANDUM by Art Ask Agency in support of motion for default judgment 40 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 02/14/2023 | MOTION by Plaintiff Art Ask Agency for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendant chenqiang55296 |
| 02/14/2023 | DECLARATION of William B. Kalbac Declaration of Service |
| 12/29/2022 | 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 Executive Committee on 12/29/2022: Mailed notice. |
| 11/07/2022 | SUMMONS Returned Executed by Art Ask Agency as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 11/3/2022, answer due 11/24/2022. |
| 11/04/2022 | PRELIMINARY INJUNCTION ORDER granting motion 33 signed by the Honorable Marvin E. Aspen on 11/4/2022. Mailed notice |
| 11/03/2022 | SUMMONS Issued as to Defendants The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto, The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 11/03/2022 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[33] |
| 11/03/2022 | MEMORANDUM by Art Ask Agency in support of motion for preliminary injunction[33] |
| 11/03/2022 | MOTION by Plaintiff Art Ask Agency for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant No. 3 "CHENQIANG55296" |
| 10/24/2022 | MINUTE entry before the Honorable Marvin E. Aspen: Motion for extension of time 31 is granted. The Temporary Restraining Order 29 is extended through 11/9/2022. Mailed notice |
| 10/21/2022 | MOTION by Plaintiff Art Ask Agency for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order |
| 10/18/2022 | SURETY BOND in the amount of $ 10,000 posted by Art Ask Agency (Document not scanned). |
| 10/12/2022 | SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Marvin E. Aspen on 10/12/2022. Mailed notice |
| 10/06/2022 | MINUTE entry before the Honorable Marvin E. Aspen: On 9/27/2022, Plaintiff Art Ask Agency filed an amended complaint and amended Schedule A (Dkt. Nos. 24, 25) in response to our 9/12/22 order regarding misjoinder (Dkt. No. 23). We find that these filings cure the joinder issues we raised. We also grant Plaintiff's motion to seal (Dkt. No. 6). Docket Nos. 7, 11-20, and 25 shall remain under seal. Finally, we will consider Plaintiff's ex parte motion (Dkt. No. 9) as it pertains to the operative amended complaint and amended Schedule A. Plaintiff is directed to submit a proposed order for its ex parte motion as it pertains to the single defendant identified in amended Schedule A to Proposed_Order_Aspen@ilnd.uscourts.gov in Word format. Mailed notice |
| 09/28/2022 | MINUTE entry before the Honorable Marvin E. Aspen: Motion for leave to file amended complaint and schedule A 26 is granted. Mailed notice |
| 09/27/2022 | MOTION by Plaintiff Art Ask Agency for leave to file Plaintiff's Motion for Leave to File Amended Complaint and Amended Schedule A |
| 09/27/2022 | SEALED DOCUMENT by Plaintiff Art Ask Agency Amended Schedule A |
| 09/27/2022 | AMENDED complaint by Art Ask Agency against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 附件： 1:Exhibit Group Exhibit 1 |
| 09/12/2022 | MINUTE entry before the Honorable Marvin E. Aspen: Plaintiff Art Ask Agency names 247 defendants in this single case. (Dkt. No. 1 at 1; Dkt. No. 7.) Moreover, Art Ask Agency's Complaint is nearly identical to the complaint it filed in Case No. 21-cv-6197 (N.D. Ill.), which was also before us. (Compare Dkt. No. 1, with Dkt. No. 1, Case No. 21-cv-6197 (N.D. Ill.).) In Case No. 21-cv-6197, we ordered Art Ask Agency to show cause, in writing, as to why the case should not be severed for misjoinder. Art Ask Agency v. Individuals, Corps., Ltd. Liability Cos., P'ships & Unincorporated Ass'ns Identified on Schedule "A", No. 21-CV-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021). For the same reasons, we order Art Ask Agency to show cause, in writing, as to why this case should not be severed for misjoinder. Art Ask Agency has until September 26, 2022, to do so. Alternatively, Art Ask Agency may file an amended complaint by then if it can cure the joinder issues that we raised in the previous case before us. In the meantime, Art Ask Agency's pending motions (Dkt. Nos. 6, 9) are taken under advisement. Mailed notice |
| 09/09/2022 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 09/09/2022 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 09/08/2022 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 10 of Strid Declaration |
| 09/08/2022 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 9 of Strid Declaration |
| 09/08/2022 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 8 of Strid Declaration |
| 09/08/2022 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 7 of Strid Declaration |
| 09/08/2022 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 6 of Strid Declaration |
| 09/08/2022 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 5 of Strid Declaration |
| 09/08/2022 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 4 of Strid Declaration |
| 09/08/2022 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 3 of Strid Declaration |
| 09/08/2022 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 2 of Strid Declaration |
| 09/08/2022 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 1 of Strid Declaration |
| 09/08/2022 | MEMORANDUM by Art Ask Agency in support of motion for temporary restraining order, 9 附件： 1:Declaration Strid Declaration 2:Exhibit Group Exhibit 1 3:Declaration Hierl Declaration 4:Exhibit Hierl Exhibit 1 5:Exhibit Hierl Exhibit 2 6:(Exhibit Hierl Exhibit 3) |
| 09/08/2022 | MOTION by Plaintiff Art Ask Agency 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 |
| 09/08/2022 | 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. |
| 09/08/2022 | CASE ASSIGNED to the Honorable Marvin E. Aspen. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. |
| 09/08/2022 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Art Ask Agency |
| 09/08/2022 | SEALED DOCUMENT by Plaintiff Art Ask Agency Sealed Schedule A |
| 09/08/2022 | MOTION by Plaintiff Art Ask Agency to seal document Plaintiff's Motion for Leave to File Under Seal |
| 09/08/2022 | ATTORNEY Appearance for Plaintiff Art Ask Agency by Robert Payton Mcmurray |
| 09/08/2022 | ATTORNEY Appearance for Plaintiff Art Ask Agency by William Benjamin Kalbac |
| 09/08/2022 | ATTORNEY Appearance for Plaintiff Art Ask Agency by Michael A. Hierl |
| 09/08/2022 | CIVIL Cover Sheet |
| 09/08/2022 | COMPLAINT filed by Art Ask Agency; Jury Demand. Filing fee $ 402, receipt number AILNDC-19817516. 附件： 1:(Exhibit Group Exhibit 1) |
