最近更新:2025-05-14
更新

2023-cv-01496

Toyota Motor Sales, U.S.A., Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:03/10/2023

法院:伊利诺伊州北区法院

品牌:Toyota 丰田汽车

律所:GBC

日期 描述
10/03/2024 FULL SATISFACTION of Judgment regarding entered judgment[43] in the amount of $75,000 as to certain defendant
07/13/2023 NOTICE of withdrawal of surety bond 23 by Greer, Burns, & Crain, Ltd.
06/05/2023 EXECUTIVE COMMITTEE ORDER: It appearing that General Order 23-0023 was entered on June 2, 2023, identifying the cases to form the initial calendar of the Hon. LaShonda A. Hunt; therefore It is hereby ordered that the Clerk of Court shall reassign the list of cases below from each district judge that were reassigned in error to Judge Hunt; and It is further ordered that the Clerk of Court shall reassign the replacement cases that were identified from each judges' secondary list to Judge Hunt. Case reassigned to the Honorable Lindsay C. Jenkins for all further proceedings. Honorable LaShonda A. Hunt no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 06/05/2023.
06/02/2023 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0023: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable LaShonda A Hunt; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Lashonda A Hunt; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable LaShonda A Hunt's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable LaShonda A Hunt to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lashonda A Hunt to the Court's criminal case assignment system ninety (90) days so that Judge Hunt shall thereafter receive a full share of such cases. Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings. Honorable Lindsay C. Jenkins no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/02/2023.
05/25/2023 ENTERED JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 5/25/2023. Mailed notice.
05/25/2023 MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 38 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants, the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $750,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case closed. Mailed notice.
05/18/2023 NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendant
05/16/2023 CERTIFICATE of Service by Plaintiff Toyota Motor Sales, U.S.A., Inc. regarding order on motion for entry of default, order on motion for default judgment, text entry, [39]
附件:
1:Exhibit A
05/16/2023 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [36] for entry of default and default judgment against all remaining Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before May 22, 2023. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice.
05/11/2023 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 37
附件:
1:(Exhibit 1)
05/11/2023 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for entry of default, motion for default judgment 36
附件:
1:(Exhibit 1)
05/11/2023 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for entry of default, MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for default judgment as to all Defendants
附件:
1:(Exhibit A)
05/11/2023 NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to a certain Defendant
04/27/2023 NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendant
04/20/2023 NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendants
04/20/2023 NEW PARTIES: Dreamseek Store, E-Point Flagg Store, flygo-global Store, GGU Store, N-FLY Flag Store, Oufan Affordable Store, Shop1102548394 Store, Shop1102601115 Store, Shop1102602105 Store, zzzzzzzzz Store, 5675Mall, 97870Mall, AiLiKaiMuJiangYaSen, caojunyushangmao-01, Chang Ting Hui Hong Wu Ye Guan Li You Xian Gong Si, ChengDuDongXiNingDianZiShangWuYouXianGongSi, Direta, Eedie, FangKL, Fengqianrui, guoyangximinshangmaoyouxiangongsi, hezepingshunwangluokejiyouxiangongsi, Hron, HYWSX, jianhuzhendianpu, jiawudadianpu, jijidedianpuha, jinanxiangyucifuzhuangxiemaoyouxiangongsi, kunmingkuizhuangmaoyiyouxianzerengongsi, lianyuanshiyuanjiaoshangmaofuwubu, MBFISH SHOP, Meet us, OPEX-US, PINHOU, T&J SHero, TianHongChangngShiXuanZh, US Priority Manufacturing - Z, USACARPROMOTION, vanaep, xinxindedianpuha, YONGRIYONGRIZABAIHUODIAN, yspwz, yunxiaoxianjunwanbaihuodian, 4cn3752, autopartssupply2021, hiwowsport2020, jilinshenglingyan-0, linquanwenhua, pinbeiy35, vmajisuzo3923, zhidian-auto, kamit Co. Ltd, kang ha sun, LF Co.Ltd, Starpenny, tai yuan su wei ting, Tool Grocery store, Andrew Spinks, Ashaliyi Mask, bancuipailin, BastiMarket Boutique, bhtui, Charlesj87, chencongying7789, chenjianyue5571, CJLX3I94J, ckpabc, cnworldshop, ctctwazq, ExcellentGoods, fangyini886, feffrfvg, Firly chunhua qiushi, Flychen, gaodubantin, genyangyang, Good luck qy, hanyalingig, helie, HL0YAGLBY, Jinger jackets, JinZhuang, jkhSogwef22, JONG DISTTHI, JZH tree, Liahgeer Baby_apo_s, liaoliyi66058, lingxin7682, LiuJiaHuang, liujinrun34067, LiuRangQun, LIUYI shop, luodedian, Mark Jackson, mengjinga, Nolega Tomen Gengran, oujgnv shopping, qiu4268shop, rose green, sanzixi, sdjadhajwhgefqjuwuq, Shenzhen YINGKE Technology Co., Ltd., shihao48037, sunxiaofeng51281, symptom, tanlei90, tigers721, VICTORIA CUEVAS, WSDSPO, wujhvur, wwsasdsdffgh, xiangyiqiu, XIAOCILAO, Yang_ming, yangjianglong0680, yangweihongshop, yeweiliang, ysyddp, yusang, zhangcaizhi2703, zhangchanchan4160, zhangjiyue, zhanhxin888, zhengjieyi, zhoulian fashion, zhouyi fashion, zhuyun0868 and zuxiantanshi added to case caption.
04/19/2023 PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 4/19/2023. Mailed notice.
04/19/2023 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction as to certain defendants [24] is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [29] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Greer, Burns & Crain, Ltd., is ordered to add ALL defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.
04/18/2023 SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/18/2023, answer due 5/9/2023.
附件:
1:Declaration of Trevor C. Talhami
2:Exhibit A
04/10/2023 CERTIFICATE of Service by Plaintiff Toyota Motor Sales, U.S.A., Inc. regarding order on motion for preliminary injunction, text entry, 28
附件:
1:(Exhibit A)
04/10/2023 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion for entry of a preliminary injunction 24 as to certain Defendants. In connection with that motion, Plaintiff must serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by April 14, 2023." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended to and including until 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. Mailed notice.
04/07/2023 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Trevor Christian Talhami
04/05/2023 SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/5/2023, answer due 4/26/2023.
附件:
1:Declaration of Kahlia R. Halpern
2:Exhibit A
04/05/2023 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for preliminary injunction[24]
附件:
1:Declaration of Justin T. Joseph
2:Exhibit 1
04/05/2023 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for preliminary injunction as to Certain Defendants
附件:
1:Exhibit A
03/30/2023 SURETY BOND in the amount of $ 10,000.00 posted by Toyota Motor Sales, U.S.A., Inc. (Document not scanned).
03/28/2023 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
03/27/2023 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order [13], and motion for electronic service of process [18] are granted. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entry [2]. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, 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 likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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 will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that 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. Enter Sealed Temporary Restraining Order. Mailed notice.
03/16/2023 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19
附件:
1:Exhibit 1
2:(Exhibit 2)
03/16/2023 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for miscellaneous relief 18
03/16/2023 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
03/16/2023 SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Exhibit 3 - Parts 1-5 regarding declaration 16
附件:
1:Exhibit 3-1
2:Exhibit 3-2
3:Exhibit 3-3
4:Exhibit 3-4
5:(Exhibit 3-5)
03/16/2023 DECLARATION of Teena Bohi regarding memorandum in support of motion 14
附件:
1:Exhibit 1
2:(Exhibit 2)
03/16/2023 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)
03/16/2023 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for temporary restraining order 13
03/16/2023 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
03/13/2023 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
03/13/2023 MAILED Trademark report to Patent Trademark Office, Alexandria VA
03/10/2023 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.
03/10/2023 CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment.
03/10/2023 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Kahlia Roe Halpern
03/10/2023 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Justin Tyler Joseph
03/10/2023 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Amy Crout Ziegler
03/10/2023 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Justin R. Gaudio
03/10/2023 Notice of Claims Involving Trademarks by Toyota Motor Sales, U.S.A., Inc.
03/10/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toyota Motor Sales, U.S.A., Inc.
03/10/2023 CIVIL Cover Sheet
03/10/2023 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for leave to file under seal
03/10/2023 SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding complaint 1
03/10/2023 COMPLAINT filed by Toyota Motor Sales, U.S.A., Inc.; Filing fee $ 402, receipt number AILNDC-20427475.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)

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