最近更新:2025-02-19
更新

2024-cv-06772

Gemmell v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期:08/01/2024

法院:伊利诺伊州北区法院

品牌:高山牛的彩照

律所:Keith

日期 描述
10/11/2024 SATISFACTION of Judgment as to defendant no.2 hanzhongkejizixunyouxiangongsi
09/26/2024 MAILED copyright closing report with certified copies of orders dated 9/25/2024 to Registrar, Washington DC.
09/25/2024 ENTERED JUDGMENT Signed by the courtroom deputy on 09/25/2024. Emailed notice
09/25/2024 DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 09/25/2024. Emailed notice
09/25/2024 MINUTE entry before the Honorable Edmond E. Chang: In the absence of a timely response to the complaint, the motion for default judgment 30 is granted. Judgment shall be entered for the Plaintiff and against each Defendant in the amount of ten-thousand dollars ($10,000) each. Given the willfulness established by the default, a permanent injunction is entered. A separate AO-450 judgment shall be entered. The status hearing of 10/04/2024 is vacated. Civil case terminated. Emailed notice
09/19/2024 MOTION by Plaintiff Mark Gemmell for default judgment as to The Defendants Identified In First Amended Schedule A
09/03/2024 PRELIMIARY INJUCTION ORDER: In light of the continued applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction is granted. Given the answer deadline of 09/18/2024, the tracking status hearing of 09/06/2024 is reset to 10/04/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 09/25/2024. If the Defendants do not answer on time, then they are deemed to be in default as of 09/19/2024, and instead the Plaintiff shall file a motion for default judgment on 09/25/2024. Signed by the Honorable Edmond E. Chang on 9/3/2024. Mailed notice.
08/28/2024 MOTION by Plaintiff Mark Gemmell for preliminary injunction
08/22/2024 PUBLIC REDACTED TEMPORARY Restraining Order signed by the Honorable Edmond E. Chang on 8/22/2024. Emailed notice
08/22/2024 SEALED TEMPORARY Restraining Order signed by the Honorable Edmond E. Chang on 8/22/2024. Emailed notice
08/22/2024 MINUTE entry before the Honorable Edmond E. Chang: On review of the joinder memorandum, R. 20, for now the case may progress with the three Defendants given the use of the same phrase added to the copyrighted image; the same unique background behind the allegedly infringing copyrighted image; the same unique brand name; and the same unique advertising text. The Plaintiff shall include a joinder discussion when filing TRO motions in other cases before Judge Chang. The Plaintiff's motion [15] for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 17 U.S.C. � 504(b), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, copyright owners need only prove "the infringer's gross revenue"; the defendant must prove expenses. 17 U.S.C. �504(b). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff shall promptly move the case forward and promptly accomplish electronic service when appropriate. The tracking status hearing of 08/23/2024 is reset to 09/06/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report by 09/03/2024, and if appropriate file an extension motion on the TRO (or preliminary injunction motion, if appropriate) by 08/30/2024. Emailed notice
08/06/2024 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion to file under seal [13] is granted for now, given the asset-restraint goal. The extra-pages motion [14] is granted. On review of the Amended Schedule A, the Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 18789 (N.D. Ill. 2020), and file a supplemental memorandum addressing the propriety of joinder of the three Defendants by 08/13/2024. In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memo explaining why joinder of those defendants is proper. The notices of motion are vacated. Instead, a tracking status hearing is set for 08/23/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice
08/02/2024 MOTION by Plaintiff Mark Gemmell for leave to file excess pages
08/02/2024 MOTION by Plaintiff Mark Gemmell for leave to file under seal
08/01/2024 MAILED copyright report to Registrar, Washington DC
08/01/2024 ATTORNEY Appearance for Plaintiff Mark Gemmell by Yi Bu
08/01/2024 ATTORNEY Appearance for Plaintiff Mark Gemmell by Yanling Jiang
08/01/2024 ATTORNEY Appearance for Plaintiff Mark Gemmell by Monica Rita Martin
08/01/2024 ATTORNEY Appearance for Plaintiff Mark Gemmell by Christopher Romero
08/01/2024 ATTORNEY Appearance for Plaintiff Mark Gemmell by Cameron Eugene Mcintyre
08/01/2024 ATTORNEY Appearance for Plaintiff Mark Gemmell by Adam Grodman
08/01/2024 ATTORNEY Appearance for Plaintiff Mark Gemmell by Keith A. Vogt
08/01/2024 CIVIL Cover Sheet
08/01/2024 SEALED DOCUMENT by Plaintiff Mark Gemmell Schedule A to Complaint 1
08/01/2024 COMPLAINT filed by Mark Gemmell ; Filing fee $ 405, receipt number AILNDC-22314441.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)

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