最近更新:2025-05-14
更新

2023-cv-03652

Paddington & Company Ltd. v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期:06/09/2023

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
11/02/2023 RETURN of U.S. Post Office receipt, Article No. 7022 3330 0001 8861 9742.
10/18/2023 MAILED $10,000 surety bond [19] previously deposited with the Clerk of the Court to plaintiff's counsel Martin Trainor, TME Law P.C., 10 S. Riverside Plaza, Suite 875, Chicago, IL 60606 via certified mail Article # 7022 3330 0001 8861 9742.
10/16/2023 ***Civil Case Terminated.
10/16/2023 DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 10/16/2023. Mailed notice
10/16/2023 ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment [71]. The motion is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $500,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten-thousand-dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Martin Trainor, TME Law P.C., 10 S. Riverside Plaza, Suite 875, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Terminate civil case Signed by the Honorable Martha M. Pacold on 10/16/2023. Mailed notice
09/26/2023 NOTICE by Sydney Paige Fenton of Change of Address
09/26/2023 NOTICE by Martin Francis Trainor of Change of Address
09/25/2023 CERTIFICATE of Service by Martin Francis Trainor on behalf of Paddington & Company Ltd. regarding set motion and R&R deadlines/hearings, [74]
附件:
1:Exhibit A
09/22/2023 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment [71] must enter an appearance and file a written objection by 10/3/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
09/21/2023 DECLARATION of Martin F. Trainor regarding memorandum in support of motion[72]
附件:
1:Exhibit 1
09/21/2023 MEMORANDUM by Paddington & Company Ltd. in support of motion for entry of default, motion for default judgment[71]
附件:
1:Exhibit 1
09/21/2023 MOTION by Plaintiff Paddington & Company Ltd. for entry of default, MOTION by Plaintiff Paddington & Company Ltd. for default judgment as to all Defendants
附件:
1:Exhibit A
09/19/2023 EXHIBIT by Plaintiff Paddington & Company Ltd. Amended Schedule A regarding complaint[1]
09/19/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [68] is granted. Defendants No. 6 CoolToys Store; No. 77 SpotSound; and No. 95 galeriasnack are terminated. Plaintiff is directed to file an amended Schedule A form by 9/21/2023 identifying the remaining defendants.
09/15/2023 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint
08/29/2023 EXHIBIT by Plaintiff Paddington & Company Ltd. Amended Schedule A regarding complaint[1]
08/29/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [65] is granted. Defendant No. 81 Sheshow is terminated. Plaintiff is directed to file an amended Schedule A form by 9/5/2023 identifying the remaining defendants.
08/25/2023 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint
08/14/2023 EXHIBIT by Plaintiff Paddington & Company Ltd. Amended Schedule A regarding complaint[1]
08/14/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [62] is granted. Defendants No. 33 kaili-us; No, 41 YMHI US; No. 53 huddoshop; and No. 67 whitedew07 are terminated. Plaintiff is directed to file an amended Schedule A form by 8/17/2023 identifying the remaining defendants.
08/11/2023 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint
08/07/2023 EXHIBIT by Plaintiff Paddington & Company Ltd. Schedule A regarding complaint[1]
08/07/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [59] is granted. Defendant No. 89 shenzhenshichuanyedianzishangwuyouxiangongsi is terminated. Plaintiff is directed to file an amended Schedule A form by 8/9/2023 identifying the remaining defendants.
08/03/2023 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint
07/28/2023 EXHIBIT by Plaintiff Paddington & Company Ltd. Amended Schedule A regarding complaint[1]
07/28/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [55] is granted. Defendant No. 79 geekpark is terminated. Plaintiff is directed to file an amended Schedule A form by 8/2/2023 identifying the remaining defendants.
07/26/2023 ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 7/26/2023. Mailed notice.
07/27/2023 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint
07/27/2023 NEW PARTIES: wabl Store, 812919634 Store, 8881314 Store, alibabi Store, CC-C New World Store, CoolToys Store, E-DROPSHIPPING STORE, Floret Forest Official Store, Good-Dropshipping Store, Hoocid Store, Mother&Baby Supplies Store, Novelty Anime Store, Prettyplus+ Store, Shop1102119253 Store, Shop1102251116 Store, Shop111888118 Store, Shop111888168 Store, Shop3867028 Store, Shop5052113 Store, Shop5368326 Store, Shop5617267 Store, Spielzeug Store, Step model Store, Vena Trading Co, Store, Whitebeard' Store, 2188210990735199, chenchunlan, chushi Preferred, CNBCNEE, foshanshiyuejiehuishangmaoyouxiangongsi, Hainan Elon Technology, huynhhoanganvip, kaili-us, ledonghanpeishangmaoyouxiangongsi, LUSONYA, SJENERT, SLLS-US, XXX art poster, Yafeilasi Store, YCRYBH, YMHI US, A6KFRMK0V9H7Z, jo4mer61, precious765, a_sleepy_cat, Beautifulwomen2012, chzayuan, classicaltoy, cvwdawf, dinansa_toy_house, hefeichuoweidianzis_0, ho4mebo_5, huddoshop, janum23, jiekebetter, kylebuy, lazhexia56, magnificent_figure, muhaom62, nicholess, please.check.myprofile, quanzhengdian, shehadissanayak-8, shenzhen5, tongyu01, toy-xi, whitedew07, wonderlife_mall, xuyongxiang, yanjoy, diamondartkitsstore, OoxxGB, WildatheartArtShop, Miki De Goodaboom, Decomia Home, Joshua Daniel Whittaker, SpotSound, everydayedeals, geekpark, ParcelUp, Sheshow, Glenn Johnson, deadcwtchy, ILYAS, PochiArt, GQING Co.Itd, PeiNaoShang Co. ltd, shenzhenshichuanyedianzishangwuyouxiangongsi, TYMI Co,Ltd, Well Made Gifts, Ytang Co.Itd, dekongyibw, Freeman Diamond Painting1, galeriasnack, liuxiaofeishop, lixu7438, TOP Full Diy Daimond Painting, zxlaksjdhaius and Bruno Goncalves added to case caption. Terminating The Partnerships and Unincorporated Associations Identified On Schedule A
07/26/2023 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 7/26/2023:
07/26/2023 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to either motion for preliminary injunction [37]; [40]. The preliminary injunctions are appropriate for the same reasons a TRO was granted, and are unopposed. Plaintiff's motions for preliminary injunction [37], [40] are granted. Enter Preliminary Injunctions. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 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.
07/24/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to submit, by 7/26/2023, a proposed combined preliminary injunction order to the Proposed Order Box for the court's review, Proposed_Order_Pacold@ilnd.uscourts.gov. The proposed preliminary injunction order should address both motions for preliminary injunction ([37]; [40]).
07/21/2023 EXHIBIT by Plaintiff Paddington & Company Ltd. Amended Schedule A regarding complaint[1]
07/21/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [49] is granted. Defendants No. 49 cvwdawf and No. 80 ParcelUp are terminated. Plaintiff is directed to file an amended Schedule A form by 7/25/2023 identifying the remaining defendants.
07/20/2023 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint
07/14/2023 EXHIBIT by Plaintiff Paddington & Company Ltd. Amended Schedule A regarding complaint[1]
07/14/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [45] is granted. Defendants No. 32 huynhhoanganvip; No. 34 ledonghanpeishangmaoyouxiangongsi; No. 35 LUSONYA; No. 36 SJENERT; and No. 78 everydayedeals are terminated. Plaintiff is directed to file an amended Schedule A form by 7/18/2023 identifying the remaining defendants.
07/14/2023 CERTIFICATE of Service by Sydney Paige Fenton on behalf of Paddington & Company Ltd.
附件:
1:Exhibit A
07/13/2023 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint
07/13/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction [40] under advisement and will consider the motion unopposed if no defendant appears and objects by 7/20/2023. Plaintiff shall serve defendants with this notice.
07/12/2023 CERTIFICATE of Service by Sydney Paige Fenton on behalf of Paddington & Company Ltd.
附件:
1:Exhibit A
07/12/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction [37] under advisement and will consider the motion unopposed if no defendant appears and objects by 7/18/2023. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's orders entering and extending the TRO, as well as in plaintiff's earlier motion [20] to extend the TRO, the TRO is further extended to and including the date on 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 FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff's motion to extend the TRO [34] is therefore granted to the extent it is consistent with this order.
07/11/2023 MEMORANDUM by Paddington & Company Ltd. in support of motion for preliminary injunction[40]
附件:
1:Declaration of Martin F. Trainor
2:Exhibit 1
07/11/2023 MOTION by Plaintiff Paddington & Company Ltd. for preliminary injunction as to certain Defendants
附件:
1:Exhibit A
07/11/2023 SUMMONS Returned Executed by Paddington & Company Ltd. as to The Partnerships and Unincorporated Associations Identified On Schedule A on 7/11/2023, answer due 8/1/2023.
附件:
1:Declaration of Sydney Fenton
2:Exhibit A
07/10/2023 MEMORANDUM by Paddington & Company Ltd. in support of motion for preliminary injunction[37]
附件:
1:Declaration of Martin F. Trainor
2:Exhibit 1
07/10/2023 MOTION by Plaintiff Paddington & Company Ltd. for preliminary injunction as to certain Defendants
附件:
1:Exhibit A
07/10/2023 SUMMONS Returned Executed by Paddington & Company Ltd. as to The Partnerships and Unincorporated Associations Identified On Schedule A on 7/10/2023, answer due 7/31/2023.
附件:
1:Declaration of Sydney Fenton
2:Exhibit A
07/10/2023 MEMORANDUM by Paddington & Company Ltd. in support of motion for miscellaneous relief[34]
附件:
1:Declaration of Martin F. Trainor
2:Exhibit 1
07/10/2023 MOTION by Plaintiff Paddington & Company Ltd. to Extend the Temporary Restraining Order as to Certain Defendants
07/07/2023 SEALED EXHIBIT by Plaintiff Paddington & Company Ltd. Amended Schedule A regarding complaint[1]
07/07/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [31] is granted. Defendants No. 44 precious765; No. 51 hefeichuoweidianzis_0; No. 58 magnificent_figure; No. 64 shenzhen5; No. 65 tongyu01; and No. 66 toy-xi are terminated. Plaintiff is directed to file an amended Schedule A form by 7/12/2023 identifying the remaining defendants.
07/06/2023 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint
06/30/2023 SEALED EXHIBIT by Plaintiff Paddington & Company Ltd. Amended Schedule A regarding complaint[1]
06/30/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [28] is granted. Defendants No. 45 a_sleepy_cat and No. 46 Beautifulwomen2012 are terminated. Plaintiff is directed to file an amended Schedule A form by 7/6/2023 identifying the remaining defendants.
06/29/2023 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint
06/28/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [24] is granted. Defendants No. 73 WildatheartArtShop and No. 91 Well Made Gifts are terminated. Plaintiff is directed to file an amended Schedule A form by 7/6/2023 identifying the remaining defendants.
06/27/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [22], which seeks to voluntarily dismiss Defendant No. 91 Well Made Gifts under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing Defendant No. 91 Well Made Gifts from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 6/30/2023 identifying the remaining defendants.
06/27/2023 SEALED EXHIBIT by Plaintiff Paddington & Company Ltd. Amended Schedule A regarding MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint Instanter [24]
06/27/2023 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint Instanter
06/26/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO [20] is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO [18] entered on 6/14/2023 is extended until 7/12/2023.
06/26/2023 NOTICE of Voluntary Dismissal by Paddington & Company Ltd. as to a certain Defendant
06/23/2023 MEMORANDUM by Paddington & Company Ltd. in support of motion for miscellaneous relief[20]
附件:
1:Declaration of Martin F. Trainor
06/23/2023 MOTION by Plaintiff Paddington & Company Ltd. to Extend the Temporary Restraining Order
06/21/2023 SURETY BOND in the amount of $10,000.00 posted by Paddington & Company Ltd. (Document not scanned)
06/15/2023 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified On Schedule A
06/14/2023 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 6/14/2023:
06/14/2023 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions [3], [11], [15], the supporting memoranda [12], [16] and the temporary restraining order, plaintiff's motions for leave to file under seal [3], for electronic service of process [15], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [11] 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 defendants, 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 sales 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. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.
06/13/2023 MEMORANDUM by Paddington & Company Ltd. in support of motion for miscellaneous relief[15]
附件:
1:Declaration of Martin F. Trainor
2:Exhibit 1
06/13/2023 MOTION by Plaintiff Paddington & Company Ltd. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
06/13/2023 SEALED EXHIBIT by Plaintiff Paddington & Company Ltd. Exhibit 2 Part 1-6 regarding declaration[13]
附件:
1:Exhibit 2-1
2:Exhibit 2-2
3:Exhibit 2-3
4:Exhibit 2-4
5:Exhibit 2-5
6:(Exhibit 2-6)
06/13/2023 DECLARATION of Paul Varley regarding memorandum in support of motion[12]
附件:
1:Exhibit 1
06/13/2023 MEMORANDUM by Paddington & Company Ltd. in support of motion for miscellaneous relief[11]
附件:
1:Declaration of Martin F. Trainor
2:Exhibit 1
06/13/2023 MOTION by Plaintiff Paddington & Company Ltd. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
06/12/2023 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
06/12/2023 MAILED trademark report to Patent Trademark Office, Alexandria VA
06/09/2023 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.
06/09/2023 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment.
06/09/2023 ATTORNEY Appearance for Plaintiff Paddington & Company Ltd. by Sydney Paige Fenton
06/09/2023 ATTORNEY Appearance for Plaintiff Paddington & Company Ltd. by Martin Francis Trainor
06/09/2023 Notice of Claims Involving Trademarks by Paddington & Company Ltd.
06/09/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Paddington & Company Ltd.
06/09/2023 CIVIL Cover Sheet
06/09/2023 MOTION by Plaintiff Paddington & Company Ltd. for Leave to File Certain Documents Under Seal
06/09/2023 SEALED EXHIBIT by Plaintiff Paddington & Company Ltd. Schedule A regarding complaint[1]
06/09/2023 COMPLAINT filed by Paddington & Company Ltd.; Filing fee $ 402, receipt number AILNDC-20721735.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

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