最近更新:2025-05-14
更新

2023-cv-03287

Zag America, LLC v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期:05/24/2023

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
01/31/2024 FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 1/31/2024. Mailed notice.
01/31/2024 ORDER signed by the Honorable John F. Kness on 1/31/2024: Motion 59 seeking a default judgment is granted. Civil Case Terminated. Enter Final Judgment Order. Mailed notice.
01/31/2024 STIPULATED CONSENT JUDGMENT signed by the Honorable John F. Kness on 1/31/2024. Mailed notice.
01/31/2024 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for entry of a consent judgment as to a certain defendant 57 is granted. Enter Stipulated Consent Judgment. Mailed notice.
01/24/2024 DECLARATION of Martin F. Trainor regarding memorandum in support of motion[60]
附件:
1:Exhibit 1
01/24/2024 MEMORANDUM by ZAG America, LLC in support of motion for entry of default, motion for default judgment, [59]
附件:
1:Exhibit 1
01/24/2024 MOTION by Plaintiff ZAG America, LLC for entry of default, MOTION by Plaintiff ZAG America, LLC for default judgment as to all Defendants with the exception of Defendant Miraculous Ladybug Merch
附件:
1:Exhibit A
01/18/2024 ATTORNEY Appearance for Plaintiff ZAG America, LLC by Alexander Whang
01/09/2024 MOTION by Plaintiff ZAG America, LLC to approve consent judgment as to a certain Defendant (Agreed)
01/05/2024 MINUTE entry before the Honorable John F. Kness: Agreed motion to stay deadlines [55] is granted. Plaintiff's motion to strike [46] is dismissed as moot. Mailed notice.
01/03/2024 MOTION by Plaintiff ZAG America, LLC to Stay Deadlines
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.
12/22/2023 MINUTE entry before the Honorable John F. Kness: Defendant Harbin Zhuhai Gongchuang Technology Co., Ltd's unopposed motion for extension of time to file response/reply [52] is granted. Plaintiff must reply to the pending motion to strike [46] on or before 1/5/2024; and any replies is due on or before 1/15/2024. Mailed notice.
12/15/2023 MOTION by Defendant Harbin Zhuhai Gongchuang Technology Co., Ltd., formerly dba miraculousladybugmerch.com for extension of time to file response/reply DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE BRIEF TO PLAINTIFF'S MOTION TO STRIKE CERTAIN AFFIRMATIVE DEFENSES AND TO AMEND BRIEFING SCHEDULE
11/20/2023 REPLY by Plaintiff ZAG America, LLC to motion to strike[46]
11/15/2023 MINUTE entry before the Honorable John F. Kness: Plaintiff's Unopposed Motion for extension of time to file response/reply [49] is granted. Plaintiff must reply to the pending motion to strike [46] on or before 11/20/2023. Mailed notice
11/13/2023 MOTION by Plaintiff ZAG America, LLC for extension of time to file response/reply (Unopposed)
10/30/2023 MINUTE entry before the Honorable John F. Kness: By agreement of the parties, the Court sets the following briefing schedule on Plaintiff's motion to strike [46]: Defendant Harbin Zhuhai Gongchuang Technology Co., Ltd. must respond on or before 11/10/2023 and Plaintiff must reply on or before 11/17/2023. Within one week of filing, each side must provide two paper courtesy copies of their respective briefs via U.S. Mail or reliable commercial delivery service. Mailed notice
10/27/2023 STATEMENT by ZAG America, LLC on Briefing Schedule for Plaintiff's Motion to Strike Certain Affirmative Defenses in Defendant's Amended Answer to the Complaint
10/27/2023 MOTION by Plaintiff ZAG America, LLC to strike Certain Affirmative Defenses in Defendant's Amended Answer to the Complaint
10/11/2023 NEW PARTIES: wuchunde, Miqil, Sweet store, Fuzhou Matchless Party Gifts Co., Ltd., Guangzhou Smile Jewellery Co., Ltd., Guangzhou Zihang Leather Co., Ltd., Shanghai Taozhi Jewelry Co., Ltd., Xiamen Hywins Industry & Commerce Co., Ltd., Yiwu Huangqun Clothing Co., Ltd., Yiwu Huirui Jewelry Co., Ltd, Yiwu Rongyu Jewelry Co., Ltd., Yiwu Sanjia Jewelry Co., Ltd., AoFuson Wolf Summer Men Clothing Store, Isabelle's Store, XU printed adult hoodies Store, Fotele., naxiantrade, tetsuykimur_0, skyflower, 3DPrintersaur, JewelryShopFast, LesfantaisiesdATM, MlbMerch, Lenis Villafranca, sup decoration, LCH-C, N-Clound, Th, Yijing and Yrtoes added to case caption.
10/11/2023 NEW PARTIES: Yiwu Largo Import And Export Co., Ltd., nclass Store, Chinatown Store, Fashion Luxury Orange Phone Case Store, Little baby toy Store, PomemonDoll Store, Xcxhjk Store, baizidianzishang, BEAUDRY,CHARLOTTE, Chensandongribenzhan, hujuewenhua, LUJIAA, niehaide, RuiChangShiFanXuHaoBaiHuo US, safaxinxikeji, sanyashizhongdie, shihoumo, SJKFJKDJSKFJDKLSFD, yiliangmidie, ahgenzmart, best-seller786, sexyhome9876, zero-to-long, apandastore, toyking, BroderiesdeJenny, MoonChildArtz, Cosplayfu, Jolly Costume, Miraculous Ladybug Merch, onesiebuy, ZentaiHero, Personalized Printed, Discount SHOP, Niagara, Donnacha Kani, Omer Meggy, Aldajanicec, bowles, Erinpatty, Maureen, Jarity, Lesign, Smartshop_up and storage added to case caption. Terminating The Partnerships and Unincorporated Associations Identified On Schedule A
10/10/2023 PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 10/10/2023. Mailed notice
10/10/2023 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [27] is granted. Enter separate preliminary injunction order. Plaintiff's filings establish that Plaintiff 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 [26] [31] 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, despite the Court having provided [30] the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice
10/06/2023 AMENDED Answer by Harbin Zhuhai Gongchuang Technology Co., Ltd., formerly dba miraculousladybugmerch.com to complaint[1]
09/29/2023 NOTICE of Voluntary Dismissal by ZAG America, LLC as to a certain defendant
09/26/2023 NOTICE by Sydney Paige Fenton of Change of Address
09/26/2023 NOTICE by Martin Francis Trainor of Change of Address
09/19/2023 CERTIFICATE Rule 7.1 Disclosure
附件:
1:Certificate of Service
09/19/2023 Harbin Zhuhai Gongchuang Technology Co. LTD Formerly DBA Miraculousladybugmerch.com ANSWER to Complaint of ZAG America, LLC by Harbin Zhuhai Gongchuang Technology Co., Ltd., formerly dba miraculousladybugmerch.com
附件:
1:Certificate of Service Certificate of Service
09/19/2023 ATTORNEY Appearance for Defendant Harbin Zhuhai Gongchuang Technology Co., Ltd., formerly dba miraculousladybugmerch.com by Karen Naguib George
附件:
1:Certificate of Service Certificate of Service
09/18/2023 MINUTE entry before the Honorable John F. Kness: Motion by counsel to withdraw as attorney [35] is granted. Attorney Sameeul Haque is withdrawn as counsel of record.Mailed notice
09/15/2023 MOTION by Attorney Sameeul Haque to withdraw as attorney for ZAG America, LLC. No party information provided
08/25/2023 NOTICE of Voluntary Dismissal by ZAG America, LLC as to certain Defendants
08/17/2023 NOTICE of Voluntary Dismissal by ZAG America, LLC as to a certain defendant
08/11/2023 NOTICE of Voluntary Dismissal by ZAG America, LLC as to certain Defendants
08/07/2023 CERTIFICATE of Service by Plaintiff ZAG America, LLC
附件:
1:Exhibit A
08/05/2023 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [27] for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith 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 on or before 8/14/2023." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders entering and extending the temporary restraining order ("TRO"), the TRO is 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. Mailed notice
08/03/2023 NOTICE of Voluntary Dismissal by ZAG America, LLC as to certain Defendants
07/31/2023 MEMORANDUM by ZAG America, LLC in support of motion for preliminary injunction[27]
附件:
1:Declaration of Martin F. Trainor
2:Exhibit 1
07/31/2023 MOTION by Plaintiff ZAG America, LLC for preliminary injunction
附件:
1:Exhibit A
07/31/2023 SUMMONS Returned Executed by ZAG America, LLC as to The Partnerships and Unincorporated Associations Identified On Schedule A on 7/31/2023, answer due 8/21/2023.
附件:
1:Declaration of Sameeul Haque
2:Exhibit A
07/31/2023 NOTICE of Voluntary Dismissal by ZAG America, LLC as to certain Defendants
07/20/2023 EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 7/20/2023. Mailed notice
07/20/2023 MINUTE entry before the Honorable John F. Kness: Motion to extend temporary restraining order [21] is granted. Enter Order. Mailed notice
07/14/2023 MEMORANDUM by ZAG America, LLC in support of motion for miscellaneous relief[21]
附件:
1:Declaration of Martin F. Trainor
07/14/2023 MOTION by Plaintiff ZAG America, LLC to Extend the Temporary Restraining Order
07/11/2023 SURETY BOND in the amount of $ 10,000 posted by ZAG America, LLC.
07/10/2023 ATTORNEY Appearance for Plaintiff ZAG America, LLC by Sydney Paige Fenton
07/06/2023 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified On Schedule A
07/05/2023 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 7/5/2023
07/05/2023 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [3],ex parte motion for a temporary restraining order and other relief [11], and motion for electronic service of process [15] 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. See, e.g., Dkt. [12] and [13]. 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 entries [2] and [14]. The accompanying Temporary Restraining 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
05/31/2023 MEMORANDUM by ZAG America, LLC in support of motion for miscellaneous relief[15]
附件:
1:Declaration of Martin F. Trainor
2:Exhibit 1
05/31/2023 MOTION by Plaintiff ZAG America, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
05/31/2023 SEALED EXHIBIT by Plaintiff ZAG America, LLC Exhibit 2, Parts 1-6 regarding declaration[13]
附件:
1:Exhibit Exhibit 2, Part 1
2:Exhibit Exhibit 2, Part 2
3:Exhibit Exhibit 2, Part 3
4:Exhibit Exhibit 2, Part 4
5:Exhibit Exhibit 2, Part 5
6:(Exhibit Exhibit 2, Part 6)
05/31/2023 DECLARATION of Paul Varley regarding memorandum in support of motion[12]
附件:
1:Exhibit 1
05/31/2023 MEMORANDUM by ZAG America, LLC in support of motion for miscellaneous relief[11]
附件:
1:Declaration of Martin F. Trainor
2:Exhibit 1
05/31/2023 MOTION by Plaintiff ZAG America, LLC for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
05/25/2023 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
05/25/2023 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
05/24/2023 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.
05/24/2023 CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment.
05/24/2023 ATTORNEY Appearance for Plaintiff ZAG America, LLC by Sameeul Haque
05/24/2023 ATTORNEY Appearance for Plaintiff ZAG America, LLC by Martin Francis Trainor
05/24/2023 Notice of Claims Involving Trademarks by ZAG America, LLC
05/24/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ZAG America, LLC
05/24/2023 CIVIL Cover Sheet
05/24/2023 MOTION by Plaintiff ZAG America, LLC for Leave to File Certain Documents Under Seal
05/24/2023 SEALED EXHIBIT by Plaintiff ZAG America, LLC Schedule A regarding complaint[1]
05/24/2023 COMPLAINT filed by ZAG America, LLC; Filing fee $ 402, receipt number AILNDC-20670476.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

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