最近更新:2025-05-14
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2023-cv-03498

Triumph Designs Limited v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期:06/02/2023

法院:伊利诺伊州北区法院

品牌:

律所:TME

日期 描述
05/20/2024 MAILED trademark report and copy of order dated 5/17/2024 to Patent Trademark Office, Alexandria VA
05/17/2024 MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the case is dismissed without prejudice. Status hearing of 05/24/2024 is vacated. Civil case terminated. Emailed notice
05/17/2024 NOTICE of Voluntary Dismissal by Triumph Designs Limited as to a certain defendant
04/22/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 04/22/2024. Emailed notice (mw,)
04/22/2024 MINUTE entry before the Honorable Maria Valdez: In light of the circumstances that justified entry of the TRO, the motion for preliminary injunction [34] is granted. The Clerk's Office shall unseal R. 12, 16, 26. 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. 33, 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 NOTICE of Motion by Martin Francis Trainor for presentment of motion for preliminary injunction[34] before Honorable Edmond E. Chang on 4/24/2024 at 08:30 AM.
04/19/2024 MEMORANDUM by Triumph Designs Limited in support of motion for preliminary injunction[34]
附件:
1:Declaration of Martin F. Trainor
2:Exhibit 1
04/19/2024 MOTION by Plaintiff Triumph Designs Limited for preliminary injunction
附件:
1:Exhibit A
04/19/2024 SUMMONS Returned Executed by Triumph Designs Limited as to The Partnerships and Unincorporated Associations Identified On Schedule A on 4/19/2024, answer due 5/10/2024.
附件:
1:Declaration of Alexander Whang
2:Exhibit A
04/08/2024 MINUTE entry before the Honorable Edmond E. Chang: Given the continued applicability of the circumstances that justified entry of the initial TRO, the motion [29] to extend the TRO is granted through 04/25/2024. 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 by 04/19/2024 or a preliminary-injunction motion (if appropriate). Emailed notice
04/08/2024 NOTICE of Motion by Martin Francis Trainor for presentment of motion for miscellaneous relief[29] before Honorable Edmond E. Chang on 4/11/2024 at 08:30 AM.
04/08/2024 MEMORANDUM by Triumph Designs Limited in support of motion for miscellaneous relief[29]
附件:
1:Declaration of Martin F. Trainor
04/08/2024 MOTION by Plaintiff Triumph Designs Limited to Extend the Temporary Restraining Order
04/02/2024 INJUNCTION BOND in the amount of $ 1,000 posted by Triumph Designs Limited (Document not scanned)
03/28/2024 (PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Edmond E. Chang on 03/28/2024. Emailed notice
03/29/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified On Schedule A
03/28/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 03/28/2024. Emailed notice
03/28/2024 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [13] 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). To the extent that the restraint might be too broad, the Defendant 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 Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion [3] 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 Defendant and omitting Amended Schedule A). The Plaintiff's motion [17] for electronic service of process 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
01/19/2024 DESIGNATION of Alexander Whang as U.S. Attorney for Plaintiff Triumph Designs Limited
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.
11/02/2023 MINUTE entry before the Honorable Edmond E. Chang: The notices of motions set for 11/06/2023 are terminated, and the Court takes the motions 3, 13, 17 under advisement. Emailed notice
11/01/2023 NOTICE of Motion by Martin Francis Trainor for presentment of motion for miscellaneous relief[17], motion for miscellaneous relief[13] before Honorable Edmond E. Chang on 11/6/2023 at 08:30 AM.
09/26/2023 NOTICE by Sydney Paige Fenton of Change of Address
09/26/2023 NOTICE by Martin Francis Trainor of Change of Address
06/07/2023 MEMORANDUM by Triumph Designs Limited in support of motion for miscellaneous relief[17]
附件:
1:Declaration of Martin F. Trainor
2:Exhibit 1
06/07/2023 MOTION by Plaintiff Triumph Designs Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
06/07/2023 SEALED EXHIBIT by Plaintiff Triumph Designs Limited Exhibit 2 regarding declaration[15]
06/07/2023 DECLARATION of Paul Varley regarding memorandum in support of motion[14]
附件:
1:Exhibit 1
06/07/2023 MEMORANDUM by Triumph Designs Limited in support of motion for miscellaneous relief[13]
附件:
1:Declaration of Martin F. Trainor
2:Exhibit 1
06/07/2023 MOTION by Plaintiff Triumph Designs Limited for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
06/07/2023 SEALED EXHIBIT by Plaintiff Triumph Designs Limited Schedule A regarding amended complaint[11]
06/07/2023 AMENDED complaint by Triumph Designs Limited against The Partnerships and Unincorporated Associations Identified On Schedule A
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
06/05/2023 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
06/05/2023 MAILED Trademark report to Patent Trademark Office, Alexandria VA
附件:
1:(List of Trademarks Ex. 1)
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 Jeffrey Cummings. Case assignment: Random assignment.
06/02/2023 ATTORNEY Appearance for Plaintiff Triumph Designs Limited by Sydney Paige Fenton
06/02/2023 ATTORNEY Appearance for Plaintiff Triumph Designs Limited by Martin Francis Trainor
06/02/2023 Notice of Claims Involving Trademarks by Triumph Designs Limited
06/02/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Triumph Designs Limited
06/02/2023 CIVIL Cover Sheet
06/02/2023 MOTION by Plaintiff Triumph Designs Limited for Leave to File Certain Documents Under Seal
06/02/2023 SEALED EXHIBIT by Plaintiff Triumph Designs Limited Schedule A regarding complaint[1]
06/02/2023 COMPLAINT filed by Triumph Designs Limited; Filing fee $ 402, receipt number AILNDC-20699998.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

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