最近更新：2025-01-15
2025-cv-00378
| 日期 | 描述 |
|---|---|
| 04/28/2025 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Wenzhou Sesame Bag Co., Ltd. |
| 04/28/2025 | ATTORNEY Appearance for Defendant Wenzhou Sesame Bag Co., Ltd. by Ni Xue |
| 04/25/2025 | MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time [68] is granted. Defendant Dongguan City Xinyu Cans Manufactory Co., Ltd. is to respond to Plaintiff's complaint by 5/16/2025. Mailed notice. |
| 04/24/2025 | MOTION by Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto for extension of time to file response/reply as to amended complaint, [13] Defendant Donagguan City Xinyu Cans Manufactory Co., LTD.'s Unopposed Motion for Extension of Time |
| 04/24/2025 | MINUTE entry before the Honorable Thomas M. Durkin: After further review of the record, the Court notes that Defendant Shenzhen Renzhexi Technology Co., Ltd. does not appear to sell any products that bear any of the trademarks or depict the copyrighted material at issue. The accused product, the pet sweater, does not contain the Miffy marks, depict the Miffy character, or include any rabbit-related imagery. Nor is there any written text in the Alibaba listing for the pet sweater referring to Miffy or rabbits. Instead, the listing includes several photos that show a dog wearing the sweater while seated next to a stuffed white bunny rabbit that resembles Miffy. R. 24 at 5862. Considering these facts, Plaintiff is ordered to brief why the Court should not reconsider its finding that Plaintiff is likely to succeed on the merits of its claims and vacate the temporary restraining order as to Renzhexi. Plaintiff's brief of no more than ten pages is due 5/9/2025, and Renzhexi's response brief of no more than ten pages is due 5/16/2025. Mailed notice. |
| 04/24/2025 | MINUTE entry before the Honorable Thomas M. Durkin: Defendant Shenzhen Renzhexi Technology Co., Ltd. ("Renzhexi") has filed a motion to dismiss for lack of personal jurisdiction. The motion [56] is denied because Plaintiff has submitted evidence that Renzhexi sold one of the allegedly infringing products to Plaintiff's counsel located in Illinois. See R. 34 at 34 (Order No. 236860419501027499); see also R. 65-2. The evidence that Plaintiff ordered and paid Renzhexi for the accused product to be shipped to Illinois is sufficient to show that Renzhexi purposefully availed itself of the privilege of conducting business in Illinois, even without confirmation of delivery to Illinois. See Curry v. Revolution Lab'ys, LLC, 949 F.3d 385, 400 (7th Cir. 2020) (defendant's sales to Illinois residents "provides solid evidence that [defendant] has purposely exploited the Illinois market") (citation omitted); Illinois v. Hemi Grp. LLC, 622 F.3d 754, 758 (7th Cir. 2010) (finding purposeful direction where defendant both maintained website from which orders could be placed from Illinois and "knowingly did do business with Illinois residents"); see also NBA Props., Inc. v. HANWJH, 46 F.4th 614, 62223 (7th Cir. 2022) (citing Curry and Hemi with approval). Mailed notice. |
| 04/23/2025 | RESPONSE by Plaintiff Mercis B.V. Plaintiff's Response to Defendant's Motion to Dismiss Pursuant to Federal Rule 12(b)(2) [Dkt. No. 56] 附件： 1:Exhibit A 2:Exhibit B 3:Exhibit D 4:Exhibit E 5:Exhibit F 6:Exhibit C |
| 04/23/2025 | MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time [63] is granted. Plaintiff's response to Defendant Shenzhen Renzhexi Technology Co., Ltd.'s motion to dismiss [56] is due by 4/23/2025. Mailed notice. |
| 04/22/2025 | MOTION by Plaintiff Mercis B.V. for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Response to Defendant's Motion to Dismiss [Dkt. No. 56] |
| 04/17/2025 | ATTORNEY Appearance for Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto by Zhen Pan |
| 04/17/2025 | Public Version of [60-2] Exhibit 1 to Declaration Of Liyi Lei In Support Of Non-Party Alibabas Motion To Deny The Preliminary Injunction Motion, Dissolve The Temporary Restraining Order, And Dismiss The Case by Alibaba.com Singapore E-Commerce Private Limited |
| 04/16/2025 | MEMORANDUM by Alibaba.com Singapore E-Commerce Private Limited in Opposition to motion to dismiss/lack of jurisdiction[56] To Deny The Preliminary Injunction Motion, Dissolve The Temporary Restraining Order, And Dismiss The Case 附件： 1:Exhibit 1 2:Declaration of Liyi Lei |
| 04/16/2025 | MINUTE entry before the Honorable Thomas M. Durkin: The Court adopts Plaintiff's and non-party e-commerce platform Alibaba.com Singapore E-Commerce Private Limited's agreed briefing schedule on Plaintiff's Motion for Entry of a Preliminary Injunction [43]: Alibaba's Opposition to Plaintiff's Motion for Entry of a Preliminary Injunction/Motion to Dismiss is due by 4/16/2025; Plaintiff's response is due by 4/30/2025; Alibaba's reply is due by 5/7/2025. The Temporary Restraining Order [37] is extended to all Defendants identified in Amended Schedule A with the exception of Defendant No. 159 "Shenzhen Renzhexi Technology Co., Ltd." and Defendant No. 163 "Shenzhen Xin Hong Yang Packaging Products Co., Ltd." until 6/6/2025. Mailed notice. |
| 04/14/2025 | MINUTE entry before the Honorable Thomas M. Durkin: The motion to set an accelerated briefing schedule [57] is granted in part. Plaintiff's response to Defendant Shenzhen Renzhexi Technology Co., Ltd.'s motion to dismiss [56] is due by 4/22/2025. The Clerk's Office is directed to unseal any previously sealed entries. Mailed notice. |
| 04/11/2025 | MOTION by Defendant Shenzhen Renzhexi Technology Co., Ltd. to set a briefing schedule for Dkt. 56 (Accelerated Briefing Schedule Requested) (Presumed Opposed) |
| 04/11/2025 | MOTION by Defendant Shenzhen Renzhexi Technology Co., Ltd. to dismiss for lack of jurisdiction 附件： 1:Exhibit 2 2:Exhibit 1 3:Declaration of Chen Kang |
| 04/11/2025 | MINUTE entry before the Honorable Thomas M. Durkin: The Court adopts Plaintiff's and Defendant No. 163's ("Shenzhen Xin Hong Yang Packaging Products Co., Ltd." aka "xhypacking") agreed briefing schedule on Defendant's Response in Opposition to Plaintiff's Motion for Entry of a Preliminary Injunction [52]: Plaintiff's response is due by 4/29/2025; Defendant's reply is due by 5/6/2025. The Temporary Restraining Order [37] is extended to Defendant No. 163 until 6/5/2025. Mailed notice. |
| 04/08/2025 | MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 4/8/2025. The motion for preliminary injunction [43] is denied without prejudice. The parties are to send the courtroom deputy via email an agreed proposed briefing schedule, and a proposed order extending the TRO. Mailed notice. |
| 04/08/2025 | MINUTE entry before the Honorable Thomas M. Durkin: Motion to appear pro hac vice [50] is granted. Attorney David M. Grable for Alibaba.com Singapore E-Commerce Private Limited added. Mailed notice. |
| 04/08/2025 | RESPONSE by xhypackingin Opposition to MOTION by Plaintiff Mercis B.V. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction [43] 附件： 1:Declaration of Liu Yang |
| 04/08/2025 | ATTORNEY Appearance for Defendant xhypacking by Adam Edward Urbanczyk |
| 04/07/2025 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-23314553. for Defendant, Alibaba.com Singapore E-Commerce Private Limited |
| 04/07/2025 | ATTORNEY Appearance for Defendant Shenzhen Renzhexi Technology Co., Ltd. by Shaoyi Che |
| 04/07/2025 | ATTORNEY Appearance for Defendant Alibaba.com Singapore E-Commerce Private Limited by Jonathan Christian Bunge |
| 04/04/2025 | SUMMONS Returned Executed by Mercis B.V. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 4/4/2025, answer due 4/25/2025. |
| 04/04/2025 | MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction 43 is set for 4/8/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
| 04/04/2025 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 43 |
| 04/04/2025 | MEMORANDUM by Mercis B.V. in support of motion for preliminary injunction 43 |
| 04/04/2025 | MOTION by Plaintiff Mercis B.V. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 03/24/2025 | MINUTE entry before the Honorable Thomas M. Durkin: Ex parte motion to extend the Temporary Restraining Order 40 is granted. The TRO is extended for a period of fourteen (14) days to and including 4/9/2025. Mailed notice. |
| 03/21/2025 | INJUNCTION BOND in the amount of $ 146,000 posted by Mercis B.V. (Document not scanned) |
| 03/24/2025 | MOTION by Plaintiff Mercis B.V. for extension of time Plaintiff's Ex-Parte Motion to Extend the Temporary Restraining Order |
| 03/14/2025 | SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (qrtr,) |
| 03/12/2025 | SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 3/12/2025. Mailed notice. |
| 03/12/2025 | MINUTE entry before the Honorable Thomas M. Durkin: Motion to exceed page limitation 17 is granted. 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 18 is granted. Plaintiff's counsel is to submit a proposed TRO to Judge Durkin's proposed order inbox. Mailed notice. |
| 03/12/2025 | SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 1 Part 6 of Robert McMurray Declaration |
| 03/12/2025 | SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 1 Part 5 of Robert McMurray Declaration |
| 03/12/2025 | SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 1 Part 4 of Robert McMurray Declaration |
| 03/12/2025 | SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 1 Part 3 of Robert McMurray Declaration |
| 03/12/2025 | SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 1 Part 2 of Robert McMurray Declaration |
| 03/12/2025 | SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 1 Part 1 of Robert McMurray Declaration |
| 03/12/2025 | SEALED DOCUMENT by Plaintiff Mercis B.V. Declaration of Robert P. McMurray |
| 03/06/2025 | MINUTE entry before the Honorable Thomas M. Durkin: The Court requires that any motion for a temporary restraining order and/or asset freeze is accompanied by a declaration from an attorney of record that provides the following information. First, to demonstrate the immediate harm necessary to grant the drastic remedy of an ex parte temporary restraining order, the declaration must confirm that each named defendant has sold or offered to sell the allegedly infringing product(s) within the last two months and describe the evidence supporting this confirmation. Generally, evidence that a defendant has sold or offered to sell the infringing products within the last two months may include: (1) screenshots of the listings collected within the last two months; (2) screenshots older than two months with an attestation that the listings reflected in the screenshots have been checked within the last two months and were active; or (3) evidence of a purchase by a customer in Illinois within the last two months. Second, as relevant to personal jurisdiction, without which any temporary restraining order or asset freeze would be invalid, the declaration must confirm that each named defendant sold at least one allegedly infringing product to a customer in Illinois and describe the evidence supporting this confirmation. Here, "sold" means that the defendant accepted an order and payment for an allegedly infringing product to be shipped to Illinois. Third, to assure that Court that the rights of defendants who have not yet been served are being appropriately protected, the declaration must identify the case number(s) and assigned judge(s) for any pending case(s) brought by the plaintiff(s) against any of the named defendants, noting whether the intellectual property at issue was the same or different than in this case. If it is the same, the declaration should describe the disposition of the other case. The Court will address any motion for a temporary restraining order only after receipt of the described declaration, which can be filed contemporaneously with the motion. Mailed notice. |
| 03/06/2025 | Notice of Claims Involving Trademarks by Mercis B.V. |
| 03/06/2025 | SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 7 of Padberg Declaration |
| 03/06/2025 | SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 6 of Padberg Declaration |
| 03/06/2025 | SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 5 of Padberg Declaration |
| 03/06/2025 | SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 4 of Padberg Declaration |
| 03/06/2025 | SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 3 of Padberg Declaration |
| 03/06/2025 | SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 2 of Padberg Declaration |
| 03/06/2025 | SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 1 of Padberg Declaration |
| 03/06/2025 | MEMORANDUM by Mercis B.V. in support of motion for temporary restraining order, 18 附件： 1:Exhibit Hierl Exhibit 1 2:Declaration Hierl Declaration 3:Declaration Padberg Declaration 4:Exhibit 2 5:Exhibit 1 6:Exhibit Hierl Exhibit 2 7:Exhibit Hierl Exhibit 3 8:(Exhibit Hierl Exhibit 4) |
| 03/06/2025 | MOTION by Plaintiff Mercis B.V. 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 |
| 03/06/2025 | MOTION by Plaintiff Mercis B.V. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 03/05/2025 | STATUS Report by Mercis B.V. |
| 02/19/2025 | MINUTE entry before the Honorable Thomas M. Durkin: A written status report is due by 3/5/2025. Mailed notice. |
| 01/15/2025 | SEALED DOCUMENT by Plaintiff Mercis B.V. Amended Schedule A |
| 01/15/2025 | AMENDED complaint by Mercis B.V. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 01/15/2025 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 01/15/2025 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 01/15/2025 | MINUTE entry before the Honorable Thomas M. Durkin: Motion by Plaintiff Mercis B.V. for leave to file document under seal 7 is granted. Mailed notice |
| 01/14/2025 | 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. |
| 01/14/2025 | CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). |
| 01/14/2025 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mercis B.V. |
| 01/14/2025 | SEALED DOCUMENT by Plaintiff Mercis B.V. Sealed Schedule A |
| 01/14/2025 | MOTION by Plaintiff Mercis B.V. to seal document Plaintiff's Motion for Leave to File Under Seal |
| 01/14/2025 | ATTORNEY Appearance for Plaintiff Mercis B.V. by John Wilson |
| 01/14/2025 | ATTORNEY Appearance for Plaintiff Mercis B.V. by Robert Payton Mcmurray |
| 01/14/2025 | ATTORNEY Appearance for Plaintiff Mercis B.V. by William Benjamin Kalbac |
| 01/14/2025 | ATTORNEY Appearance for Plaintiff Mercis B.V. by Michael A. Hierl |
| 01/14/2025 | CIVIL Cover Sheet |
| 01/14/2025 | COMPLAINT filed by Mercis B.V.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22946876. 附件： 1:Exhibit 1 2:(Exhibit 2) |
