最近更新:2025-05-14
更新

2023-cv-15588

Roblox Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

日期:11/02/2023

法院:伊利诺伊州北区法院

品牌:Roblox 游戏

律所:HSP

日期 描述
03/05/2024 RETURN of Service of MAILED two thousand ($2,000) surety bond posted by Plaintiff returned executed as to Plaintiff, Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602, certified mail, article number 7022 3330 0001 8862 0014. (Received by mail in the Clerk's Office on 3/6/24.)
02/27/2024 MAILED two thousand ($2,000) surety bond posted by Plaintiff via certified mail, article number 7022 3330 0001 8862 0014 to counsel of record for Plaintiff, Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602.
02/21/2024 FINAL JUDGMENT ORDER Signed by the Honorable Nancy L. Maldonado on 2/21/2024.
02/21/2024 MINUTE entry before the Honorable Nancy L. Maldonado:Default motion hearing held on 2/21/2024 via Webex Video Conference. Defendants did not appear or object. Plaintiff's motion for entry of default and default judgment 32 is granted. Judgment is entered in favor of the Plaintiff and against the Defendants in the amount of fifty thousand ($50,000) in statutory damages per Defendant. The two thousand ($2,000) surety bond posted by Plaintiff is hereby released via certified mail to counsel of record for Plaintiff, Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602. Enter Final Judgment Order. Civil case terminated.
02/06/2024 CERTIFICATE of Service by William Benjamin Kalbac on behalf of Roblox Corporation
02/05/2024 MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for default judgment 32 is set for hearing on 02/21/24 at 10:00 a.m. by WebEx video conference, at which time Plaintiff should be prepared to address the support for an award of $100,000.00 in statutory damages per defaulting defendant. The dial-in number for the public is: 650-479-3207; access code is: 23033986013. The parties will receive a WebEx invitation by email. Defendants shall have until 02/20/24 to file an appearance or objection to entry of default. Defendants' failure to appear at the hearing will result in the entry of default judgment against Defendants. Plaintiff shall promptly serve their motion for default judgment and a copy of this minute entry on Defendants. Plaintiff shall also promptly file a certificate of service, confirming they have served Defendants with notice of the motion and hearing. Mailed notice
02/02/2024 DECLARATION of Michael A. Hierl regarding motion for default judgment, 32
附件:
1:(Exhibit Hierl Exhibit 1)
02/02/2024 MEMORANDUM by Roblox Corporation in support of motion for default judgment, 32
附件:
1:Exhibit 1
2:(Exhibit 2)
02/02/2024 MOTION by Plaintiff Roblox Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A
附件:
1:(Exhibit Amended Schedule A)
02/02/2024 CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Roblox Corporation
01/30/2024 NEW PARTIES: HavemadeGeetha and YashikaArtCo added to case caption.
01/30/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 1/30/2024.
01/30/2024 MINUTE entry before the Honorable Nancy L. Maldonado: Preliminary injunction motion hearing held on 1/30/2024 via WebEx Video Conference. No defendant appeared or objected to the motion. Plaintiff's motion for preliminary injunction 21 is therefore granted as unopposed. Enter Preliminary Injunction order. The Clerk is requested to unseal Plaintiff's Amended Complaint 10, Amended Schedule A to the Amended Complaint 11, Exhibit 2 to the Declaration of Christian Bayley 15 and the temporary restraining order 18. Plaintiff's counsel is directed to ensure that the defendants listed on Amended Schedule A are added to the court's docket within five business days. Instructions for adding a party to the docket can be found on the Courts website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf.
01/11/2024 SUMMONS Returned Executed by Roblox Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 1/10/2024, answer due 1/31/2024.
01/10/2024 CERTIFICATE of Service Proof of Service by Robert Payton Mcmurray on behalf of Roblox Corporation
01/10/2024 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
01/10/2024 MAILED Trademark report to Patent Trademark Office, Alexandria VA
附件:
1:(List of Trademarks ex 1)
2:((List of Trademarks ex 2))
01/10/2024 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
01/09/2024 MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for preliminary injunction 21 is set for hearing on 01/30/24 at 10:30 a.m. by WebEx video conference. The dial-in number for the public is: 650-479-3207; access code is: 23188378970. The parties will receive a WebEx invitation by email. Defendants shall have until prior to the hearing on 01/30/2024 to appear and file any objection to the motion. As the preliminary injunction hearing is set for a date after the TRO is set to expire, the Court finds good cause to extend the TRO through 01/30/24. Plaintiff shall promptly serve a copy of their preliminary injunction motion and this minute entry on Defendant. Plaintiff shall also file a certificate of service, confirming they have served Defendant with notice of this hearing.
01/08/2024 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 21
01/08/2024 MEMORANDUM by Roblox Corporation in support of motion for preliminary injunction 21
01/08/2024 MOTION by Plaintiff Roblox Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
12/28/2023 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 12/28/2023: Mailed notice.
12/14/2023 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Nancy L. Maldonado on 12/14/2023.
12/14/2023 MINUTE entry before the Honorable Nancy L. Maldonado: The Court has received Plaintiff's motion for leave to file excess pages 12 and motion for a temporary restraining order 13. For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the TRO, Plaintiff's motion for leave to file excess pages and for a TRO, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 13, are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying the individuals and entities operating Defendant online seller, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and a sale into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest. 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. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendants and to implement the asset freeze. In light of the Supreme Court's holding in Abitron Austria GmbH v. Hetronic International, Inc., 600 U.S. 412 (2023), that §1114(1)(a) and §1125(a)(1) of the Lanham Act do not have extraterritorial application, Plaintiff should attempt to seek discovery that identifies where Defendants used Plaintiff's marks in commerce. Plaintiff shall deposit with the Clerk of Court two thousand dollars ($2,000.00), either cash or surety bond, as security.
12/04/2023 Notice of Claims Involving Trademarks by Roblox Corporation
12/04/2023 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 to Bayley Declaration
12/04/2023 MEMORANDUM by Roblox Corporation in support of motion for temporary restraining order, 13
附件:
1:Declaration Bayley Declaration
2:Exhibit 1
3:Declaration Hierl Declaration
4:Exhibit Hierl Exhibit 1
5:Exhibit Hierl Exhibit 2
6:(Exhibit Hierl Exhibit 3)
12/04/2023 MOTION by Plaintiff Roblox 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
12/04/2023 MOTION by Plaintiff Roblox Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
12/04/2023 SEALED DOCUMENT by Plaintiff Roblox Corporation Amended Schedule A
12/04/2023 AMENDED complaint by Roblox Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
附件:
1:(Exhibit 1)
11/06/2023 MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for leave to file certain documents under seal 6 is granted for the reasons stated in the motion. Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. The P'ships & Uninc. Ass'ns Identified on Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and by 12/04/2023 file a supplemental memorandum addressing the propriety of joinder of these specific Defendants. In lieu of a supplemental memorandum justifying the joinder of all 266 Defendants, by the same deadline Plaintiff may file an amended schedule A with a subset of the defendants along with a memo explaining why joinder of those defendants is proper.
11/02/2023 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.
11/02/2023 CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (Civil Category 2).
11/02/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Roblox Corporation
11/02/2023 SEALED DOCUMENT by Plaintiff Roblox Corporation Sealed Schedule A
11/02/2023 MOTION by Plaintiff Roblox Corporation to seal document Plaintiff's Motion for Leave to File Under Seal
11/02/2023 ATTORNEY Appearance for Plaintiff Roblox Corporation by Robert Payton Mcmurray
11/02/2023 ATTORNEY Appearance for Plaintiff Roblox Corporation by William Benjamin Kalbac
11/02/2023 ATTORNEY Appearance for Plaintiff Roblox Corporation by Michael A. Hierl
11/02/2023 CIVIL Cover Sheet
11/02/2023 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.
11/02/2023 CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (Civil Category 2).
11/02/2023 COMPLAINT filed by Roblox Corporation; Jury Demand. Filing fee $ 402, receipt number AILNDC-21289743.
附件:
1:Exhibit 1
2:(Exhibit 2)

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