2024-cv-08677
日期 | 描述 |
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03/19/2025 | MAILED injunction bond in the amount of $100,000.00 posted by Medicom Toy Corporation [31] to Plaintiff's counsel, Michael A. Hierl, at Hughes Socol PIers Resnick & Dym Ltd, Three First National Plaza, 70 West Madison Street, Suite 4000 Chicago, IL 60602 via certified mail #7001 2510 0005 7681 7327. |
03/19/2025 | MAILED injunction bond in the amount of $100,000.00 posted by Medicom Toy Corporation 31 to Plaintiff's counsel, Michael A. Hierl, at Hughes Socol PIers Resnick & Dym Ltd, Three First National Plaza, 70 West Madison Street, Suite 4000 Chicago, IL 60602 via certified mail #7001 2510 0005 7681 7327. |
03/19/2025 | MAILED trademark report with a copy of minute entry 85 and final default judgment order 86 attached to Patent Trademark Office, Alexandria VA |
03/18/2025 | DEFAULT JUDGMENT ORDER. Signed by the Honorable April M. Perry on 3/18/2025. Mailed notice. (jcc,) |
03/18/2025 | MINUTE entry before the Honorable April M. Perry: Hearing held 3/18/2025. No one appears on behalf of any of Defendants. Plaintiff's motion for default judgment [76] is granted, for the reasons stated in Court and consistent with the order to follow. Mailed notice. (jcc,) |
03/12/2025 | MEMORANDUM by Medicom Toy Corporation Plaintiff's Supplemental Memorandum in Support of a $100,000 Damage Award Per Defaulting Defendant 附件: 1:(Exhibit 5) 2:Exhibit 4 3:Exhibit 3 4:Exhibit 2 5:Exhibit 1 |
03/12/2025 | MINUTE entry before the Honorable April M. Perry: Motion for extension of time 82 is granted. Plaintiff's deadline to file a memorandum in support of its motion for entry of default and default judgment is extended to 3/12/2025. Mailed notice. (jcc,) |
03/11/2025 | MOTION by Plaintiff Medicom Toy Corporation for extension of time Plaintiff's Unopposed Motion for an Extension of Time to File a Supplemental Memorandum in Support of its Motion for Default Judgment [Dkt. No. 81] |
02/14/2025 | MINUTE entry before the Honorable April M. Perry: The Court vacates the motion hearing set for 2/18/2025 and orders that the parties appear for a hearing on 3/18/2025 to address plaintiff's motion for default judgement 76. Based on its review of plaintiff's motion for default judgement, the Court has determined that it requires supplemental briefing and materials from plaintiff prior to the hearing supporting the request for $100,000 in statutory damages per defaulting defendant. This Court must make a reasoned, evidence-based, and individualized assessment of statutory damages for each defaulting defendant based on their particular conduct. See, e.g., Estee Lauder Cosmetics Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) ("[A]n online store that shows thousands of reviews for a counterfeit product probably sold much more of that product than an online store with zero reviews for it, and the more prolific seller should be tagged with a larger damages award."). Based on the Court's review of the record, the remaining defendants sell different types of products at different price points and at varying volumes (insofar as volume of sales can be inferred from evidence such as store reviews or number of products offered). Based on this record, an across-the board award of $100,000 per defaulting defendant is excessive and not particularized to any individual defendant's conduct. Therefore, by 3/11/2025, plaintiff shall file a supplemental memorandum in support of its motion for default judgment that includes an individualized damages assessment on a defendant-by-defendant basis. Specifically, plaintiff should provide a chart that lists all of the remaining defendants and the amount of statutory damages sought against each individual defendant, and which provides a summary for each defendant of the information supporting their particular statutory damages amount, including the size and scope of the defendant's operations, the price range of the counterfeited products sold, the dollar value of sales linked to infringing products, and any other information that supports the sought statutory damages award. The information in the summary should be supported by citations to exhibits submitted with the brief. At the hearing on 3/18/2025, plaintiff's counsel should be prepared to address the statutory damages amount sought and the evidence showing that the award sought is reasonable for each defendant. Mailed notice. (jcc,) |
02/13/2025 | MINUTE entry before the Honorable April M. Perry: Motion for leave to file excess pages [75] is granted. There is no need for the parties to appear at the motion hearing scheduled for 2/18/2025 as to docket entry [75], although the motion for default judgment [76] will be heard on that date. Mailed notice. (jcc,) |
02/12/2025 | NOTICE of Motion by Michael A. Hierl for presentment of motion for leave to file excess pages[75], motion for default judgment, [76] before Honorable April M. Perry on 2/18/2025 at 10:00 AM. |
02/12/2025 | DECLARATION of Michael A. Hierl regarding motion for default judgment, [76] 附件: 1:Exhibit Hierl Exhibit 1 |
02/12/2025 | MEMORANDUM by Medicom Toy Corporation in support of motion for default judgment, [76] 附件: 1:Exhibit 1 2:Exhibit 2 |
02/12/2025 | MOTION by Plaintiff Medicom Toy Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A 附件: 1:Exhibit A |
02/12/2025 | MOTION by Plaintiff Medicom Toy Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
02/12/2025 | CERTIFICATE of Service by John Wilson on behalf of Medicom Toy Corporation |
01/03/2025 | NOTICE of Voluntary Dismissal by Medicom Toy Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 62 |
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. |
11/26/2024 | EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0032: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable April M. Perry; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable April M. Perry; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable April M. Perry's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable April M. Perry to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable April M. Perry to the Court's criminal case assignment system ninety (90) days so that Judge Perry shall thereafter receive a full share of such cases. Case reassigned to the Honorable April M. Perry for all further proceedings. Honorable Manish S. Shah no longer assigned to the case. Signed by Honorable Virginia M. Kendall on 11/26/2024. |
11/15/2024 | MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 67 is granted, and no appearance is necessary. Plaintiff may file the second amended schedule A as a separate entry on the docket. Plaintiff has dismissed defendant no. 5 (Rocket Five). The motion to dismiss 61 is terminated as moot, all claims against Rocket Five having been voluntarily dismissed. Plaintiff must inform third-party platforms and service provider that no injunction is in place against Rocket Five. Notices Mailed. |
11/15/2024 | MEMORANDUM by Medicom Toy Corporation Plaintiff's Memorandum in Response to the November 7, 2024 Minute Order [Dkt. No. 64] 附件: 1:(Exhibit A) |
11/14/2024 | NOTICE of Motion by Michael A. Hierl for presentment of extension of time[67] before Honorable Manish S. Shah on 11/20/2024 at 09:45 AM. |
11/14/2024 | MOTION by Plaintiff Medicom Toy Corporation for extension of time Plaintiff's Motion for a First Extension of Time to File a Memorandum in Response to the November 7, 2024, Minute Order [Dkt. No. 64] |
11/14/2024 | NOTICE of Voluntary Dismissal by Medicom Toy Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 5 "Rocket Five" |
11/11/2024 | NOTICE of Voluntary Dismissal by Medicom Toy Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
11/07/2024 | MINUTE entry before the Honorable Manish S. Shah: It appears from plaintiff's amended complaint that plaintiff is reinstating claims against defendants it had voluntarily dismissed. See e.g., [58] and [60] (dismissing defendants nos. 6 and 63) and [62-2] at 2 (listing defendant nos. 6 and 63 as defendants in the amended complaint). Plaintiff shall file a memorandum explaining the purpose of amending the complaint and a separate response to the motion to dismiss any claims against defendant no. 5 (Rocket Five) [61] by 11/14/24. No reply is permitted unless requested by the court. Notices Mailed. |
11/07/2024 | NOTICE of Voluntary Dismissal by Medicom Toy Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 66 |
11/06/2024 | AMENDED complaint by Medicom Toy Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 附件: 1:Exhibit 1 2:Amended Schedule A |
11/05/2024 | MOTION by Defendant Rocket Five to dismiss the complaint 附件: 1:Exhibit in support 2:Exhibit in support |
11/04/2024 | NOTICE of Voluntary Dismissal by Medicom Toy Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 63 |
11/04/2024 | letter to Judge re by Rocket Five as to continued asset freeze |
10/31/2024 | NEW PARTIES: Z Z Z Store, XXTC Store, Trendy Items1 Store, SQ Daily Life Store, Shop5787568 Store, Shop3681101 Store, Shop1104031138 Store, Shop1104003697 Store, Shop1103982197 Store, Shop1103949331 Store, Shop1103947395 Store, Shop1103883529 Store, Shop1103842158 Store, Shop1103832707 Store, Shop1103764549 Store, Shop1103732316 Store, Shop1103663146 Store, Shop1103615585 Store, Shop1103602774 Store, Shop1103308998 Store, Shop1103040934 Store, Shop1102898528 Store, Shop1102816271 Store, Shop1102787385 Store, Shop1102690408 Store, Shop1102628746 Store, Shop1102591195 Store, Shop1102420556 Store, Shop1100290105 Store, Shop1100189145 Store, Q Home Decor Store, PPPersonality Store, Pandora Toy Store, Namchi Art Store, MOJO Store, Model Play Area Store, MBE Store, Marvel Figurines Store, Lumpi Store, Little Swallow Toy Store, LHJ House Store, Komore Gift Decoration Store, Kitim Store, kendy Store, Kawaii Stuff Store, JSA Store, HTTH Store, Household Clock Store, HOMELIFEDECOR Store, Home Has Love Store, HanTangWorld Store, Haifeng Official Store, Good Life 01 Store, Gohone Store, Fly Word Store Store, FJTNC Store, FCOT Store, Family Happiness Store, Creative Living Home Store, Chengtoy Store, BT dropshipping Store, bendy Store, Aoger Monopoly Store, AiQing Store, Naughty baby Store, YINGWAN Official Store, XDR Official Store, Shop1104064396 Store, Shop1104062386 Store, Shop1104059753 Store, Shop1104056430 Store, Shop1104056418 Store, Shop1104055763 Store, Shop1104055762 Store, Shop1104055761 Store, Shop1104053831 Store, Shop1104053492 Store, Shop1103917130 Store, Shop1103851970 Store, Shop1103743157 Store, Shop1103711384 Store, Shop1103685728 Store, Shop1103671757 Store, Shop1103632033 Store, Shop1103579751 Store, Shop1103308679 Store, Shop1103305666 Store, Shop1103265025 Store, Shop1103203105 Store, Shop1102906561 Store, Shop1102896291 Store, Shop1102826516 Store, Shop1102826513 Store, Shop1102718507 Store, Shop1102716464 Store, Me Baby Toy Store, Game Card Toy Store and Fanyin Store added to case caption. |
10/30/2024 | NOTICE of Voluntary Dismissal by Medicom Toy Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 6 |
10/30/2024 | PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 10/30/2024. Notices Mailed. |
10/30/2024 | MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. Plaintiff's for leave to file an amended complaint [51] is granted, and plaintiff is directed to file the amended complaint, correcting Defendant No. 62's name, as a separate entry on the court's docket. The motion for entry of preliminary injunction [47] is granted. The court is only ordering the restraint of funds traceable to the sale of proceeds tied to the infringing works. Enter Preliminary Injunction Order. 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. |
10/25/2024 | LETTER from Tsuyoshi Ando dated 10/22/2024. (Exhibits). (Envelope postmarked 10/22/24). (Received by mail in the Clerk's Office on 10/25/24). |
10/25/2024 | NOTICE of Voluntary Dismissal by Medicom Toy Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 46 |
10/25/2024 | SUMMONS Returned Executed by Medicom Toy Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 10/25/2024, answer due 11/15/2024. |
10/25/2024 | NOTICE of Motion by Michael A. Hierl for presentment of motion for leave to file 51 before Honorable Manish S. Shah on 10/30/2024 at 09:45 AM. |
10/25/2024 | MOTION by Plaintiff Medicom Toy Corporation for leave to file Plaintiff's Motion to Substitute Defendant and Leave to File Amended Complaint |
10/25/2024 | NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 47 before Honorable Manish S. Shah on 10/30/2024 at 09:45 AM. |
10/25/2024 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 47 |
10/25/2024 | MEMORANDUM by Medicom Toy Corporation in support of motion for preliminary injunction 47 |
10/25/2024 | MOTION by Plaintiff Medicom Toy Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 9-41 and 71-135 |
10/17/2024 | PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 10/17/2024. Notices Mailed. |
10/17/2024 | MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, the motion for preliminary injunction 35 is granted in part and denied in part. The asset restraint as to defendant Rocket Five is lifted in full. The motion is granted as to all other defendants, because the motion was unopposed and for the same reasons that a TRO was appropriate. The court notes that the original TRO and now the Preliminary Injunction do not freeze the entirety of defendants' accounts, but only restrains funds traceable to the proceeds of sales of counterfeit or infringing products. Enter Preliminary Injunction. Defendant Rocket Five's response to the complaint remains due 11/5/24. Notices Mailed. |
10/17/2024 | letter by Rocket Five requesting stay of hearing or appearance telephonically |
10/16/2024 | MEMORANDUM by Rocket Five in Opposition to motion for preliminary injunction[35] 附件: 1:Declaration in support 2:Exhibit in support 3:Exhibit in support |
10/16/2024 | ATTORNEY Appearance for Defendant Rocket Five by Leslie Rafalli Gillis |
10/16/2024 | ATTORNEY Appearance for Defendant Rocket Five by Cory Jay Rosenbaum |
10/16/2024 | SUMMONS Returned Executed by Medicom Toy Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 10/15/2024, answer due 11/5/2024. |
10/15/2024 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
10/15/2024 | NOTICE of Voluntary Dismissal by Medicom Toy Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 61 |
10/14/2024 | NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 35 before Honorable Manish S. Shah on 10/17/2024 at 09:45 AM. |
10/14/2024 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 35 |
10/14/2024 | MEMORANDUM by Medicom Toy Corporation in support of motion for preliminary injunction 35 |
10/14/2024 | MOTION by Plaintiff Medicom Toy Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-8, 42-70 and 136-185 |
10/03/2024 | MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 32 is granted, and no appearance on the motion is necessary. The TRO is extended to 10/21/24. Notices mailed. |
10/02/2024 | NOTICE of Motion by Michael A. Hierl for presentment of extension of time[32] before Honorable Manish S. Shah on 10/8/2024 at 09:45 AM. |
10/02/2024 | MOTION by Plaintiff Medicom Toy Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
10/01/2024 | INJUNCTION BOND in the amount of $100,000.00 posted by Medicom Toy Corporation. (Document not scanned). (Received at the Intake Counter on 10/01/24). |
09/23/2024 | SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 9/23/2024. Notices Mailed. |
09/23/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
09/23/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA. |
09/23/2024 | MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions are granted and no appearance on the motions is necessary. The court declines to enter a total asset restraint and limits third parties to restraining only funds traceable to the proceeds of sales of counterfeit or infringing goods that use plaintiff's mark. The court remains doubtful that it has personal jurisdiction over defendants absent evidence of a completed sale and delivery into Illinois and is doubtful about joinder. The court sets the bond at $100,000. Enter Sealed Temporary Restraining Order. Notices Mailed. |
09/20/2024 | NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 11, motion to seal document 7, motion for leave to file excess pages 10 before Honorable Manish S. Shah on 9/25/2024 at 09:45 AM. |
09/20/2024 | Notice of Claims Involving Trademarks by Medicom Toy Corporation |
09/20/2024 | SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 12 of Akashi Declaration |
09/20/2024 | SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 11 of Akashi Declaration |
09/20/2024 | SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 10 of Akashi Declaration |
09/20/2024 | SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 9 of Akashi Declaration |
09/20/2024 | SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 8 of Akashi Declaration |
09/20/2024 | SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 7 of Akashi Declaration |
09/20/2024 | SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 6 of Akashi Declaration |
09/20/2024 | SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 5 of Akashi Declaration |
09/20/2024 | SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 4 of Akashi Declaration |
09/20/2024 | SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 3 of Akashi Declaration |
09/20/2024 | SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 2 of Akashi Declaration |
09/20/2024 | SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 1 of Akashi Declaration |
09/20/2024 | MEMORANDUM by Medicom Toy Corporation in support of motion for temporary restraining order, 11 附件: 1:Declaration Akashi Declaration 2:Exhibit 1 3:Declaration Hierl Declaration 4:Exhibit Hierl Exhibit 1 5:Exhibit Hierl Exhibit 2 6:(Exhibit Hierl Exhibit 3) |
09/20/2024 | MOTION by Plaintiff Medicom Toy 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 |
09/20/2024 | MOTION by Plaintiff Medicom Toy Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
09/20/2024 | 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. |
09/20/2024 | CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). |
09/20/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Medicom Toy Corporation |
09/20/2024 | SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Sealed Schedule A |
09/20/2024 | MOTION by Plaintiff Medicom Toy Corporation to seal document Plaintiff's Motion for Leave to File Under Seal |
09/20/2024 | ATTORNEY Appearance for Plaintiff Medicom Toy Corporation by John Wilson |
09/20/2024 | ATTORNEY Appearance for Plaintiff Medicom Toy Corporation by Robert Payton Mcmurray |
09/20/2024 | ATTORNEY Appearance for Plaintiff Medicom Toy Corporation by William Benjamin Kalbac |
09/20/2024 | ATTORNEY Appearance for Plaintiff Medicom Toy Corporation by Michael A. Hierl |
09/20/2024 | CIVIL Cover Sheet |
09/20/2024 | COMPLAINT filed by Medicom Toy Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22501658. 附件: 1:(Exhibit 1) |