最近更新:2025-05-14
更新

2023-cv-03481

Those Characters From Cleveland, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

日期:06/02/2023

法院:伊利诺伊州北区法院

品牌:Care Bears 爱心熊

律所:HSP

日期 描述
06/03/2024 RETURN of Service of U.S. Postal Certified Mail #7001 2510 0005 7681 6375 returned executed on 5/29/2024 as to Michael A. Hierl. (Received by mail in the Clerk's Office on 6/3/24.)
05/20/2024 MAILED original ten-thousand-dollar ($10,000) surety bond posted by Those Characters from Cleveland, LLC to, Michael A. Hierl of Hughes Socol Piers 7 Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602 via certified mail #7001 2510 0005 7681 6375.
05/20/2024 MAILED trademark report with copy of order dated 5/17/2024 to Patent Trademark Office, Alexandria VA
05/20/2024 MAILED original ten-thousand-dollar ($10,000) surety bond posted by Those Characters from Cleveland, LLC to, Michael A. Hierl of Hughes Socol Piers 7 Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602 via certified mail #7001 2510 0005 7681 6375.
05/17/2024 ENTERED JUDGMENT Signed by the courtroom deputy on 05/17/2024. Emailed notice
05/17/2024 FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 05/17/2024. Emailed notice
05/17/2024 MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely response to the complaint, the motion for default judgment 32 is granted. Judgment shall be entered in favor of the Plaintiff and against each Defendant in the amount of fifty-thousand dollars ($50,000) each. Given the willfulness established by the default, a permanent injunction shall be entered. A separate AO-450 judgment shall be entered. The tracking status hearing of 05/24/2024 is vacated. Civil case terminated. Emailed notice
05/16/2024 STATUS Report by Those Characters from Cleveland, LLC
05/16/2024 DECLARATION of Michael A. Hierl regarding motion for default judgment, 32
附件:
1:(Exhibit Hierl Exhibit 1)
05/16/2024 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for default judgment, 32
附件:
1:Exhibit 1
2:(Exhibit 2)
05/16/2024 MOTION by Plaintiff Those Characters from Cleveland, LLC 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 A)
05/16/2024 CERTIFICATE of Service by John Wilson on behalf of Those Characters from Cleveland, LLC
04/22/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 04/22/2024. Emailed notice
04/22/2024 MINUTE entry before the Honorable Edmond E. Chang: In light of the circumstances that justified entry of the TRO, the motion for preliminary injunction 24 is granted. The Clerk's Office shall unseal R. 11, 16, and 19. The tracking status hearing of 04/26/2024 is reset to 05/24/2024 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 05/17/2024. If the Defendants do not respond to the complaint by the 05/10/2024 deadline, R. 28, then they shall be deemed to be in default, and the Plaintiff shall file a motion for default judgment on 05/17/2024. Emailed notice
04/19/2024 SUMMONS Returned Executed by Those Characters from Cleveland, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 4/19/2024, answer due 5/10/2024.
04/19/2024 STATUS Report by Those Characters from Cleveland, LLC
04/19/2024 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 24
04/19/2024 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for preliminary injunction 24
04/19/2024 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
04/19/2024 MOTION by Plaintiff Those Characters from Cleveland, LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
04/09/2024 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the motion to extend TRO 22 is granted through 04/26/2024. The tracking status hearing of 04/12/2024 is reset to 04/26/2024 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 on 04/19/2024 and, if appropriate, a preliminary-injunction motion. Emailed notice
04/08/2024 MOTION by Plaintiff Those Characters from Cleveland, LLC for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
04/02/2024 SURETY BOND in the amount of $ 10,000 posted by Those Characters from Cleveland, LLC (Document not imaged)
03/29/2024 SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Edmond E. Chang on 03/29/2024. Emailed notice
03/29/2024 MINUTE entry before the Honorable Edmond E. Chang:The Plaintiff's motion 14 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 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). (The same goes for the copyright claim.) 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's motion 6 for leave to file under seal is granted in light of the asset-restraint goal. By 04/05/2024, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The motion 13 for extra pages is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 04/12/2024 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 04/08/2024. Emailed notice
02/23/2024 Notice of Claims Involving Trademarks by Those Characters from Cleveland, LLC
02/23/2024 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 to Gorman Declaration
02/23/2024 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for temporary restraining order, 14
附件:
1:Declaration Gorman Declaration
2:Exhibit 1
3:Exhibit 2 Part 1
4:Exhibit 2 Part 2
5:Declaration Hierl Declaration
6:Exhibit Hierl Exhibit 1
7:Exhibit Hierl Exhibit 2
8:(Exhibit Hierl Exhibit 3)
02/23/2024 MOTION by Plaintiff Those Characters from Cleveland, LLC 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
02/23/2024 MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
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.
11/20/2023 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Amended Schedule A
11/20/2023 AMENDED complaint by Those Characters from Cleveland, LLC 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 Part 1
3:(Exhibit 2 Part 2)
06/05/2023 MAILED trademark report to Patent Trademark Office, Alexandria VA.
06/02/2023 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.
06/02/2023 CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable David M. Weisman. Case assignment: Random assignment.
06/02/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Those Characters from Cleveland, LLC
06/02/2023 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Sealed Schedule A
06/02/2023 MOTION by Plaintiff Those Characters from Cleveland, LLC to seal document Plaintiff's Motion for Leave to File Under Seal
06/02/2023 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Robert Payton Mcmurray
06/02/2023 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by William Benjamin Kalbac
06/02/2023 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Michael A. Hierl
06/02/2023 CIVIL Cover Sheet
06/02/2023 COMPLAINT filed by Those Characters from Cleveland, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-20697738.
附件:
1:Exhibit 1
2:Exhibit 2 Part 1
3:(Exhibit 2 Part 2)

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