2024-cv-03634
| 日期 | 描述 |
|---|---|
| 04/02/2025 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon the plaintiff's report of full satisfaction of judgment 91, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant no. 281. Mailed notice |
| 04/01/2025 | SATISFACTION of Judgment of Certain Doe Defendants |
| 01/31/2025 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon the plaintiff's report of full satisfaction of judgment 89, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant nos. 274 and 280. Emailed notice |
| 01/29/2025 | SATISFACTION of Judgment of Certain Doe Defendants |
| 01/15/2025 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon the plaintiff's report of full satisfaction of judgment 87, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant no. 283. Mailed notice |
| 01/14/2025 | SATISFACTION of Judgment of Certain Doe Defendants |
| 12/18/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon the plaintiff's report of full satisfaction of judgment 85, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant no. 236. Mailed notice |
| 12/17/2024 | SATISFACTION of Judgment of Certain Doe Defendants |
| 11/15/2024 | DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 11/15/2024. Mailed notice |
| 11/15/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:No defendant having objected, the plaintiff's motion for default judgment 79 is granted. Enter default judgment order. Civil case terminated. Mailed notice |
| 10/31/2024 | CERTIFICATE of Service by Plaintiff Carve Design LLC regarding order on motion for default judgment, set motion and R&R deadlines/hearings, [81], MOTION by Plaintiffs CDL, Carve Design LLC for default judgment as to all remaining defendants [79], memorandum in support of motion[80] |
| 10/31/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment [79] is taken under advisement. Any objections or responses are due by 11/12/2024. The plaintiff is directed to provide defendants with notice of the default proceedings against them by 11/1/2024. To effectuate that notice, the Court directs the plaintiff to (1) update the website through which it has been publishing information about the case to provide notice of its motion for entry of default and default judgment, as well as the deadline to object set forth in this order and (2) sending an email to the email addresses provided for the defendants by third parties (or otherwise obtained by the plaintiff) informing them of the default proceedings against them and containing a link to the updated website. Mailed notice |
| 10/29/2024 | MEMORANDUM by CDL, Carve Design LLC in support of motion for default judgment[79] 附件: 1:Exhibit Exhibit 1 2:Declaration Declaration of David Gulbransen |
| 10/29/2024 | MOTION by Plaintiffs CDL, Carve Design LLC for default judgment as to all remaining defendants |
| 10/22/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 224 is dismissed from this case. Mailed notice |
| 10/20/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants |
| 10/07/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of plaintiff's notice of voluntary dismissal [75], and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant nos. 24, 104, 112, 115, 119, 167, and 171 are dismissed from this case. Mailed notice |
| 10/06/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants |
| 09/23/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of plaintiff's notice of voluntary dismissal [73], and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 260 is dismissed from this case. Mailed notice |
| 09/20/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants |
| 09/19/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of plaintiff's notice of voluntary dismissal, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant nos. 200, 225, are 273 are dismissed from this case. Mailed notice |
| 09/18/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants |
| 09/11/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 69, defendant nos. 258 and 259 are dismissed from this case. Mailed notice |
| 09/10/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants |
| 09/09/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 67, defendant no. 286 is dismissed from this case. Mailed notice |
| 09/08/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants |
| 09/04/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1) 65 defendant no. 196 is dismissed from this case. Mailed notice |
| 09/03/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants |
| 08/30/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1) 63 defendant no. 255 is dismissed from this case. Mailed notice |
| 08/29/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants |
| 08/26/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 60 61, defendants no. 3, 36, 40, 66, 175, 177, 180, 189, 219, 221, 228, 241, 250, 264, and 272 and are dismissed from this case. Mailed notice |
| 08/25/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants |
| 08/25/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants |
| 08/19/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 58, defendants no. 282, 287, 289, and 290 are dismissed from this case. Mailed notice |
| 08/17/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants |
| 08/14/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 56, defendant no. 191 is dismissed from this case. Mailed notice |
| 08/12/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants |
| 08/07/2024 | NEW PARTIES: 1 SMART HOME Store, ADDSunLife Households Store, Aideepen MinTool-Wholesale777 Store, All-purpose Tool Kit Store, AngeRihino Sports Store, Anna Global Boutique Store, anymartsl, Aopeng Tools, aqiaur85, Arlo Tool Store, aubreyandclaudia.com, autoparts-kingdom, baiweiyun1683, Betoyy (yiwu) Outdoor Supplies Co., Ltd., Bezseili, bingospace, bla75135, BLACK Dragon, BLDP and Caisw added to case caption. |
| 08/07/2024 | NEW PARTIES: Naranja10, New Cycling Store, nhy 3CCC Store, Ningbo Rising Trading Co., Ltd., Oauee Official Store, OIMG Qiziqi Store, Outdoor Bike Store, Outdoor Fun Play Store, Outdoor intelligent Technology, Outdoor Lifes Store, Outdoor Sporting LifestyIe Store, Outdoor Sports Dropshiping Store, Outop, packing2010 Store, Pedaxi, Peter A Store, piwinner internationality Store, PPPC Store, Qingdao Jetshark Outdoor Products Co., Ltd., Qingdao Mingfan Packaging Products Co., Ltd., Quanzhou Changyi Crafts Gifts Limited, Queenti, RCGM, rollnflip.com, RUISEE BELOVE Store Store, Ruisheng Industrial Co., Ltd., Sand rock sports outdoor, Sheng Yi Da Store, Shenzhen Ruihe Yichuan Technology Co., Ltd., Shenzhen Supuer Technology Ltd., Shenzhen Toris Technology Co., Ltd., Shop1100171018 Store, Shop1102333431 Store, Shop1102336830 Store, Shop1102623215 Store, Shop1102696928 Store, Shop1102840484 Store, Shop1102861905 Store, Shop1103130190 Store, Shop1103266125 Store, Shop910438050 Store, Shop911354060 Store, Shop911422068 Store, Shop911760231 Store, Shop912173271 Store, Sichuan Boceda Trading Co., Ltd., Sichuan Machinery Tools Import & Export Co., Ltd., sixteen, Sky-Sports Store, SLURERBE, SMY Official Tool Store, SMY-Sports Store, smyy5 Store, smyy6 Store, SNTDCTXDI Store, SOMEHOUR Jewelry Store, sunsky-online.com, Tool Box Dropshipping Store, true meaning Store, Uasnack Official Store, UNATHY OUTDOOR SPORT Store, Upay Store, vendeme.rd, VONRU Home Supply, Wanghero, wanruimaoyi, Warm daily necessities Store, WEIJUN Quality Tools Store, WiSa Tools Store, WiSa Tools2 Store, wiselywalru.com, WL Tool Store, Wuxi Xitailong Department Store Co., Ltd., Wzshry, XEMAEE online Store, Xiamen Liyuan Metal Co., Ltd., Xiaoya Shopping Mall Store, xiatianfeng, Xikong Trading Co., Ltd., xue rong rong Store, Yagouee Outdoor Store, Yang guang life Store, Yiwu Bilue Toy Co., Ltd., Yiwu Keynew E-Commerce Co., Ltd., youqudeqiqiu Store, yumin5906, yupind0, Yuyao Life Store, YuYing BaiHuo, Z31L13M44, ZBWYCYZ, Zhenwei Ecommerce, Zhihao Xu, zhouxiangjun13078720695, Zimir Manual Tool Combination Store and ZSX added to case caption. |
| 08/07/2024 | NEW PARTIES: CALANRA US, Camping Island Outdoor Store, CARBOU First Aid Official Store, chaisi, cheap store888, China Good Neighbor Store, China Shenzhen SuMeiDa Store, Ci-Boom Store, CK Keychain Store, CKAHSBI LONG JIE Store, Cleaning series Store, Close to the sun, CMYX Outdoor Store, Cozy-Sun Outdoor Store, Cycling Sports 001 Store, Dadamu Department Store Store, dambr9240, dealshopup-1, DENGHU Tools Store, denghyang3, Derek B Store, DICHSKI WL Store, DingDing Lighting Store, Dongguan Danhua Technology Co., LTD, Dongguan Xincan Industrial Co., Ltd., DSAFAAS, Elizabeth Stores, Enhe, ETA HAPPY Store, EVENTRY Store, FAFNA, Fashion gugu Store, Fitzex USA Store, Forever tools, Foshan Grace Metal Co., Ltd., Free Yourself Store, Gakhars, GJ-Novel Store, Global business travel Store, GlobalGo Store, Gmngis-US Autohome, Gogogo camping Store, GToyee Life Official Store, gyqqsbhd, Happy-sports Store, Haruyuki, HCTOOLS Store, Hefei Dunhua Imp And Exp Co., Ltd., Heibortech Store, Hengyii Shop, HH Global Store, Home hardware 666 Store, Home Top Store, HSSecury Official Store, Huge Meter Tools Store, Hunting Dropshopping Store, HZFWDMH Tools Store, imprint5.com, Isfriday knight spirit Store, J&T Technology Co.,Ltd, jiadian-49, JingXiu Tools Store, JINYING-NO.1, JLKJ, jufei-hardware-tools-m-3749124988870, JuroStore, KINGMAZI TOOLS Store, Kpay Store, L Exquisite life Store, leiquan, Let Us Go Camping Store, lifemarketreport, LINGPENG Fitness Gym Store, LingPeng Pro Store, LINJOU, Liyan Grocery, LuoShuaiShangMao, Luoyang Gaojia Technology Co., Ltd., maobobo, Maxbell International, Meike Tools, memolines, menqushangmao8, miltonstore.com, Ms. Guo Daily Commodity Store and mur-831 added to case caption. |
| 08/07/2024 | NEW PARTIES: 1 SMART HOME Store, ADDSunLife Households Store, Aideepen MinTool-Wholesale777 Store, All-purpose Tool Kit Store, AngeRihino Sports Store, Anna Global Boutique Store, anymartsl, Aopeng Tools, aqiaur85, Arlo Tool Store, aubreyandclaudia.com, autoparts-kingdom, baiweiyun1683, Betoyy (yiwu) Outdoor Supplies Co., Ltd., Bezseili, bingospace, bla75135, BLACK Dragon, BLDP and Caisw added to case caption. |
| 08/05/2024 | PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 8/5/2024. Mailed notice |
| 08/05/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction 45 is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 8/12/24 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Mailed notice |
| 08/02/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 51 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant nos. 255, 261, 265, and 266 are dismissed from this case. Mailed notice |
| 07/30/2024 | CERTIFICATE of Service by Plaintiffs CDL, Carve Design LLC regarding order on motion for preliminary injunction, set motion and R&R deadlines/hearings, 48 |
| 07/30/2024 | NOTICE of Voluntary Dismissal by Carve Design LLC of Certain Doe Defendants |
| 07/30/2024 | CERTIFICATE of Service by Plaintiffs CDL, Carve Design LLC regarding order on motion for extension of time, terminate motions, 38 |
| 07/30/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 47 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 47 is dismissed from this case. Mailed notice |
| 07/29/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction as to certain defendants 45 is taken under advisement. Any objection or response is due before 8/2/24. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement, by 7/31/2024, the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed before August 2, 2024. The plaintiff must also provide to each defendant the screenshot evidence of the allegedly infringing product(s) offered and sold by that defendant that Plaintiff has provided to the Court in support of its request for a TRO and/or preliminary injunction. The plaintiff must also file a certification by 7/31/2024 that it complied with the Court's order "to give notice of this Order to the Third Party Providers defined in the TRO," i.e., inform them that the TRO is not presently in effect and the date of such notice. Mailed notice |
| 07/27/2024 | NOTICE of Voluntary Dismissal by Carve Design LLC of Certain Doe Defendants |
| 07/25/2024 | MEMORANDUM by CDL, Carve Design LLC in support of motion for preliminary injunction 45 附件: 1:(Exhibit Exhibit to Declaration of David Gulbransen) 2:Declaration Declaration of David Gulbransen |
| 07/25/2024 | MOTION by Plaintiffs CDL, Carve Design LLC for preliminary injunction |
| 07/25/2024 | CERTIFICATE of Service by Plaintiffs CDL, Carve Design LLC regarding SEALED Order 35, sealed document 29 |
| 07/25/2024 | SUMMONS Returned Executed by Carve Design LLC as to Partnerships and Unincorporated Associations Identified on Schedule A on 7/25/2024, answer due 8/15/2024. |
| 07/23/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 40 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 201, 276, and 284 are dismissed from this case. Mailed notice |
| 07/23/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to reconsider denial of its motion to extend TRO 39 is denied. Plaintiff argues that it should not be punished for counsel's mistake, but that is an unavoidable aspect of litigation; it is well established that "[a]ttorneys' actions are imputed to their clients, even when those actions cause substantial harm. A litigant bears the risk of errors made by his chosen agent." Wade v. Soo Line R.R. Corp., 500 F.3d 559, 564 (7th Cir. 2007). Furthermore, the plaintiff argues that the Court's denial of its motion to extend the TRO will cause it substantial harm; however, the TRO had already lapsed by the time the plaintiff had moved to extend it. See Rule 65(a)(2) (absent extension for good cause or consent of other party, TRO lasts for only 14 days); TRO, ECF No. 35 (entered 7/2/24); mot. to extend TRO, ECF No. 37 (filed 7/17/24 at 10:59 p.m.). Thus, the plaintiff was already vulnerable to the consequences about which the plaintiff complains namely, the withdrawal of funds by the defendant internet stores due to the lapse of the TRO/asset freeze starting 7/16/24, and that occurred as a result of plaintiff's failure to extend the TRO or obtain consent by 7/16/24 (even though the Court ordered any motion to extend by 7/11/24), not due to the Court's denial of the motion to extend it on 7/18/24. Mailed notice |
| 07/21/2024 | NOTICE of Voluntary Dismissal by Carve Design LLC of Does 201, 276, and 284 |
| 07/19/2024 | MOTION by Plaintiffs CDL, Carve Design LLC for reconsideration regarding order on motion for extension of time, terminate motions, 38 |
| 07/18/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order 37 is denied. The Temporary Restraining Order 36 stated, "Any motion to extend this Order must be filed by July 11, 2024." The TRO expired on 7/16/24. The Clerk is directed to unseal all documents in this case, including the TRO 35, memorandum in support of TRO and exhibits thereto 31, and the sealed schedule A 29. Plaintiff is ordered to give notice of this Order to the Third Party Providers defined in the TRO. Mailed notice |
| 07/17/2024 | MOTION by Plaintiffs CDL, Carve Design LLC for extension of time of Temporary Restraining Order |
| 07/12/2024 | SURETY BOND in the amount of $ 204,000.00 posted by Carve Design LLC. (Document not imaged) (Received at the Intake Counter on 07/12/2024.) |
| 07/08/2024 | SUMMONS Issued as to Defendant Partnerships and Unincorporated Associations Identified on Schedule A |
| 07/02/2024 | SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 7/2/2024. Mailed notice |
| 07/02/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's second renewed ex parte motion for TRO 30 is granted. Plaintiff's motions for leave to file under seal 26 33 and to exceed page limitation 10 27 32 are granted. The first renewed motion for TRO 24 is denied. Enter temporary restraining order. Mailed notice |
| 07/01/2024 | MOTION by Plaintiffs CDL, Carve Design LLC to seal document sealed document, 31 |
| 07/01/2024 | MOTION by Plaintiffs CDL, Carve Design LLC for leave to file excess pages |
| 07/01/2024 | SEALED DOCUMENT by Plaintiffs CDL, Carve Design LLC 附件: 1:(Exhibit Exhibit 2 to Declaration of David Gulbransen) 2:Exhibit Exhibit 1 to Declaration of David Gulbransen (6 of 6) 3:Exhibit Exhibit 1 to Declaration of David Gulbransen (5 of 6) 4:Exhibit Exhibit 1 to Declaration of David Gulbransen (4 of 6) 5:Exhibit Exhibit 1 to Declaration of David Gulbransen (3 of 6) 6:Exhibit Exhibit 1 to Declaration of David Gulbransen (2 of 6) 7:Exhibit Exhibit 1 to Declaration of David Gulbransen (1 of 6) 8:Declaration Declaration of David Gulbransen 9:Exhibit Exhibit 1 to Plaintiff Declaration 10:Declaration Declaration of Plaintiff |
| 07/01/2024 | MOTION by Plaintiffs CDL, Carve Design LLC for temporary restraining order renewed |
| 07/01/2024 | SEALED DOCUMENT by Plaintiffs CDL, Carve Design LLC Amended Complaint, Exhibits and Schedule A 附件: 1:(Appendix Schedule A) 2:Exhibit Exhibit 2 3:Exhibit Exhibit 1 |
| 06/21/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff's renewed motion for TRO and accompanying exhibits containing screenshots of the defendant internet stores suggest that the plaintiff is still asserting copyright claims against the defendants (in addition to trademark claims); however, the proposed order submitted to the Court's inbox, as well as Declarations of Sliger and Gulbransen, indicate that the plaintiff is only seeking a TRO for violations of its trademark rights. The plaintiff is directed to clarify this discrepancy and, if necessary, file a second renewed motion and memorandum, corrected proposed order, and any other necessary documents by 7/1/2024. Mailed notice |
| 06/19/2024 | MOTION by Plaintiffs CDL, Carve Design LLC for leave to file excess pages |
| 06/19/2024 | MOTION by Plaintiffs CDL, Carve Design LLC to seal document sealed document, 25 |
| 06/19/2024 | SEALED DOCUMENT by Plaintiffs CDL, Carve Design LLC Memorandum in Support of Motion for TRO 附件: 1:(Exhibit Exhibit 2 to Declaration of David Gulbransen) 2:Exhibit Exhibit 1 to Declaration of David Gulbransen (6 of 6) 3:Exhibit Exhibit 1 to Declaration of David Gulbransen (5 of 6) 4:Exhibit Exhibit 1 to Declaration of David Gulbransen (4 of 6) 5:Exhibit Exhibit 1 to Declaration of David Gulbransen (3 of 6) 6:Exhibit Exhibit 1 to Declaration of David Gulbransen (2 of 6) 7:Exhibit Exhibit 1 to Declaration of David Gulbransen (1 of 6) 8:Declaration Declaration of David Gulbransen 9:Declaration Declaration of Plaintiff |
| 06/19/2024 | MOTION by Plaintiffs CDL, Carve Design LLC for temporary restraining order renewed |
| 06/14/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 20 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the defendants listed therein are dismissed from this case. Mailed notice |
| 06/12/2024 | SEALED DOCUMENT by Plaintiffs CDL, Carve Design LLC Amended Schedule A |
| 06/12/2024 | SEALED DOCUMENT by Plaintiffs CDL, Carve Design LLC Amended Complaint, Exhibits and Schedule A 附件: 1:Exhibit Exhibit 1 2:Exhibit Exhibit 2 3:(Appendix Schedule A) |
| 06/12/2024 | NOTICE of Voluntary Dismissal by Carve Design LLC of Certain Doe Defendants |
| 05/30/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for TRO 8 is denied without prejudice for two reasons. First, the record does not contain any reproductions of the visual material that is protected under each asserted copyright, so the Court is not in a position to evaluate whether the plaintiff has made the requisite preliminary showing of infringement. Second, the screenshot evidence of the defendants' alleged infringements asserts that defendants (e.g., Doe #1, ECF No. [9-3]) are violating trademarks that are not included in the exhibit of trademark registrations attached to the amended complaint [15-1], and the screenshot evidence does not plausibly show that multiple defendants (e.g., Doe #1) are using any of the asserted trademarks in exhibit 1 to the complaint as source indicators, including the product configuration marks. Trademark protections do not restrict others from using the same or similar product designs per se. Trademark protections restrict others' uses of words, images, and, in some cases, product configurations/designs, but only when they are being used as trademarks, i.e., methods of identifying and distinguishing sources of goods, and thus likely to cause confusion among consumers as to the sources of those goods. See AutoZone, Inc. v. Strick, 543 F.3d 923, 930 (7th Cir. 2008) (In assessing likelihood of confusion, "[t]he court should. 'consider whether the customer would believe that the trademark owner sponsored, endorsed or was otherwise affiliated with the product.'" (quoting Nike, Inc. v. "Just Did It" Enters., 6 F.3d 1225, 1228-29 (7th Cir. 1993))). The plaintiff cannot proceed on a theory that the similarity of the defendants' product configurations (according to the "product listings") to the plaintiff's product configuration is a trademark violation, particularly where the screenshot evidence of the defendants' allegedly infringing products does not otherwise contain any indications that the products have their source in the plaintiff company. The plaintiff has leave to file a renewed motion for TRO and, if necessary, schedule A and supplemental exhibits, by 6/21/2024. Mailed notice |
| 05/29/2024 | Affiliate Disclosure by Carve Design LLC |
| 05/29/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's counsel is directed to file his appearance on behalf of the properly identified plaintiff. The plaintiff is also required to file a notification of affiliates pursuant to the Federal Rules of Civil Procedure and the Local Rules of this District. Mailed notice |
| 05/29/2024 | SEALED DOCUMENT by Plaintiff Carve Design LLC Schedule A to Amended Complaint |
| 05/29/2024 | AMENDED complaint by Carve Design LLC against Partnerships and Unincorporated Associations Identified on Schedule A 附件: 1:Exhibit Exhibit 1 2:(Exhibit Exhibit 2) |
| 05/29/2024 | ATTORNEY Appearance for Plaintiff Carve Design LLC by David Lee Gulbransen, Jr |
| 05/28/2024 | NEW PARTIES: Carve Design LLC added to case caption. Terminating CDL |
| 05/24/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for leave to file under seal and proceed under a pseudonym 7 is granted in part and denied in part, and its motion to seal documents 11 is granted. The motions to file under seal are granted; those documents, such as the Schedule A may be filed under seal. The motion to temporarily proceed under a pseudonym is denied. The Seventh Circuit heavily disfavors anonymous, pseudonymous, or "no-name" litigation and requires the plaintiff to demonstrate "exceptional circumstances" that justify a refusal to self-identify. Doe v. Village of Deerfield, 819 F.3d 372, 37677 (7th Cir. 2016). "[B]rand owners who seek relief against alleged counterfeiters may be frustrated by the stringent requirements for pseudonymous litigation. But in the absence of a change in binding Seventh Circuit caselaw, changes to the Federal Rules of Civil Procedure, or the creation of an alternative legislative remedy, the current legal framework does not permit pseudonymity without a demonstration of circumstances more exceptional than those presented" in a typical "Schedule A" online counterfeiting case. XYZ Corp. v. Partnerships and Unincorporated Associations Identified on Sched. A, No. 21-CV-06471, 2022 WL 180151 (N.D. Ill. Jan. 20, 2022); see also XYZ Corporation v. Partnership and Unincorporated Associations Identified on Schedule "A", 2020 WL 6681360 (N.D. Ill., 2020) (noting that in a case with an anonymous plaintiff suing a sealed schedule A, "[t]he public has no earthly idea who is suing whom," and striking the complaint because the plaintiff attempted to proceed anonymously without "request[ing] leave of Court, let alone establish[ing] that 'exceptional circumstances' justify shielding its identity."). The plaintiff's motion identifies circumstances that are common to all "Schedule A" cases, meaning that the circumstances are, by definition, not exceptional. Accordingly, the plaintiff is directed to file an amended, non-anonymous complaint and to change the pseudonym used on the case caption on CM/ECF to the plaintiff's true identity by 6/21/2024. Mailed notice |
| 05/08/2024 | MAILED Trademark Request Letter to Plaintiff's counsel. |
| 05/06/2024 | MOTION by Defendant CDL to seal document sealed document 2, sealed document 4, sealed document, 9 |
| 05/06/2024 | MOTION by Defendant CDL for leave to file excess pages |
| 05/06/2024 | SEALED DOCUMENT by Defendant CDL 附件: 1:Declaration Declaration of Plaintiff 2:Declaration Declaration of David Gulbransen 3:Exhibit Exhibit 1 to Declaration of David Gulbransen (Part 1 of 10) 4:Exhibit Exhibit 1 to Declaration of David Gulbransen (Part 2 of 10) 5:Exhibit Exhibit 1 to Declaration of David Gulbransen (Part 3 of 10) 6:Exhibit Exhibit 1 to Declaration of David Gulbransen (Part 4 of 10) 7:Exhibit Exhibit 1 to Declaration of David Gulbransen (Part 5 of 10) 8:Exhibit Exhibit 1 to Declaration of David Gulbransen (Part 6 of 10) 9:Exhibit Exhibit 1 to Declaration of David Gulbransen (Part 7 of 10) 10:Exhibit Exhibit 1 to Declaration of David Gulbransen (Part 8 of 10) 11:Exhibit Exhibit 1 to Declaration of David Gulbransen (Part 9 of 10) 12:Exhibit Exhibit 1 to Declaration of David Gulbransen (Part 10 of 10) 13:(Exhibit Exhibit 2 to Declaration of David Gulbransen) |
| 05/06/2024 | MOTION by Defendant CDL for temporary restraining order |
| 05/06/2024 | 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. |
| 05/06/2024 | CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (jcc,) |
| 05/06/2024 | MOTION by Defendant CDL to seal document sealed document 2, sealed document 4, sealed document 5 |
| 05/06/2024 | ATTORNEY Appearance for Defendant CDL by David Lee Gulbransen, Jr |
| 05/06/2024 | SEALED DOCUMENT by Defendant CDL Affiliate Disclosure |
| 05/06/2024 | SEALED DOCUMENT by Defendant CDL USPTO Cover Sheet |
| 05/06/2024 | CIVIL Cover Sheet |
| 05/06/2024 | SEALED DOCUMENT by Defendant CDL Complaint, Ex. 1, Ex. 2 and Schedule A 附件: 1:Exhibit Exhibit 1 2:Exhibit Exhibit 2 3:(Appendix Schedule A) |
| 05/06/2024 | COMPLAINT filed by CDL; Filing fee $ 405, receipt number AILNDC-21931887. |