最近更新:2025-01-15
更新

2024-cv-12174

Sport Dimension, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

日期:11/26/2024

法院:伊利诺伊州北区法院

品牌:PADDLE PALS儿童救生衣

律所:HSP

日期 描述
04/04/2025 PRELIMINARY INJUNCTION ORDER signed by the Honorable Jeffrey I Cummings on 4/4/2025. Mailed notice
04/04/2025 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction 31 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 that it provided electronic notice to defendant 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 the defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that the defendant listed on Schedule A is added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. If plaintiff intends to move for an order of default and default judgment, plaintiff shall file its motion on or before 4/18/25. The 4/4/25 tracking status hearing is stricken and re-set to 5/23/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice
02/28/2025 CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Sport Dimension, Inc.
02/28/2025 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction 31. In connection with that motion, plaintiff must serve all remaining defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by or before March 17, 2025." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice
02/27/2025 SUMMONS Returned Executed by Sport Dimension, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 2/26/2025, answer due 3/19/2025.
02/26/2025 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 31
02/26/2025 MEMORANDUM by Sport Dimension, Inc. in support of motion for preliminary injunction 31
02/26/2025 MOTION by Plaintiff Sport Dimension, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
02/26/2025 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
02/18/2025 SURETY BOND in the amount of $ 1000.00 posted by Sport Dimension, Inc.
02/14/2025 MINUTE entry before the Honorable Jeffrey I Cummings:Plaintiff's ex parte motion to extend the TRO 26 is granted. The TRO entered on 2/4/25 25 is extended to 3/4/25. Mailed notice
02/13/2025 MOTION by Plaintiff Sport Dimension, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
02/04/2025 SEALED ORDER: Signed by the Honorable Jeffrey I Cummings on 2/4/2025.
02/04/2025 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file excess pages 18 and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, and electronic service of process 19 are granted. Moreover, the Court sua spontegrants plaintiff leave to file certain exhibits to its motion for TRO under seal. Plaintiff's submissions establish that, were defendant to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendant could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. As such, the Temporary Restraining Order being entered along with this minute order shall be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were 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 goods, and there is no countervailing harm to defendant from an order directing them 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 defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. The 2/14/25 tracking status hearing is stricken and re-set to 4/4/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice.
01/29/2025 STATUS Report Initial Status Report by Sport Dimension, Inc.
01/29/2025 SEALED DOCUMENT by Plaintiff Sport Dimension, Inc. Exhibit 3 to Rios Declaration
01/29/2025 SEALED DOCUMENT by Plaintiff Sport Dimension, Inc. Exhibit 3 Part 1 of Rios Declaration
01/29/2025 MEMORANDUM by Sport Dimension, Inc. in support of motion for temporary restraining order, 19
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 Rios Declaration
01/29/2025 MOTION by Plaintiff Sport Dimension, Inc. 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
01/29/2025 MOTION by Plaintiff Sport Dimension, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
12/20/2024 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 12/20/2024: Mailed notice.
12/23/2024 MINUTE entry before the Honorable Jeffrey I Cummings: On or before 1/29/25, the parties shall file a joint initial status report in accordance with the template available on the Court's website under the case management procedure titled "Initial Status Report for Newly Filed Cases." The parties shall also review all of the case management procedures and standing orders available on the Court's website, including the Court's case management procedure for motions to dismiss. Initial tracking status hearing set for 2/14/25 at 9:00 a.m. to track the case only (no appearance is required and the case will not be called). Instead, the Court will review the parties' joint initial status report and enter further orders as appropriate. Mailed notice
12/22/2024 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
12/22/2024 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
附件:
1:((List of Trademarks, Ex. 2))
12/22/2024 MAILED Patent report to Patent Trademark Office, Alexandria VA.
附件:
1:((List of Patents, Ex. 1))
12/20/2024 SEALED DOCUMENT by Plaintiff Sport Dimension, Inc. Amended Schedule A
12/20/2024 AMENDED complaint by Sport Dimension, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
12/04/2024 MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file under seal 7 is granted. Upon review of the complaint, the Court sua sponte raises the proprietary of joinder of over 160 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 12/20/24, plaintiff shall file a supplemental memorandum addressing the propriety of joinder. 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. Status hearing set for 1/27/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice.
11/26/2024 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.
11/26/2024 CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 1).
11/26/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sport Dimension, Inc.
11/26/2024 SEALED DOCUMENT by Plaintiff Sport Dimension, Inc. Sealed Schedule A
11/26/2024 MOTION by Plaintiff Sport Dimension, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal
11/26/2024 ATTORNEY Appearance for Plaintiff Sport Dimension, Inc. by John Wilson
11/26/2024 ATTORNEY Appearance for Plaintiff Sport Dimension, Inc. by Robert Payton Mcmurray
11/26/2024 ATTORNEY Appearance for Plaintiff Sport Dimension, Inc. by William Benjamin Kalbac
11/26/2024 ATTORNEY Appearance for Plaintiff Sport Dimension, Inc. by Michael A. Hierl
11/26/2024 CIVIL Cover Sheet
11/26/2024 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.
11/26/2024 CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 1).
11/26/2024 COMPLAINT filed by Sport Dimension, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22772730.
附件:
1:(Exhibit 2)
2:Exhibit 1

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