最近更新:2025-05-15
更新

2023-cv-13022

Dcstar Inc. v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期:09/14/2023

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
01/30/2024 MAILED copyright report with certified copy of minute order dated 1/12/2024 to Registrar, Washington DC.
01/12/2024 DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 1/12/2024. Emailed notice.
01/12/2024 MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 32 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. Because this infringement was willful and considering the value of Plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $25,000.00 is an appropriate award of statutory damages against each remaining defendant. Enter Default Final Judgment Order. Civil case terminated. Emailed notice.
12/29/2023 CERTIFICATE of Service regarding Minute Entry 35 by Alison K Carter on behalf of DCSTAR Inc.
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 MOTION by Plaintiff DCSTAR Inc. for entry of default as to all Defendants
11/21/2023 MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case 30. Summons were executed on 11/2/23, and Defendants' responses to the complaint are due by 11/23/23 22. By 12/22/23, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice.
11/21/2023 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 11/21/23. Emailed notice.
11/21/2023 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction 20, which the Court now considers unopposed because no Defendant filed a notice of objection by the 11/20/23 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO 15, 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 22 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. Plaintiff's counsel is directed to ensure that all defendants listed on Amended Schedule A 10 are added to the court's docket within five business days. The Clerk is directed, forthwith, to (1) replace Plaintiff's pseudonym ("XYZ Corporation") with "DCSTAR INC." on the docket; and (2) to unseal any previously sealed documents. Emailed notice.
11/21/2023 ATTORNEY Appearance for Plaintiff DCSTAR Inc. by Raymond C Lang
11/21/2023 DOCUMENT REMOVED
11/21/2023 DOCUMENT REMOVED.
11/21/2023 DOCUMENT REMOVED.
11/07/2023 CERTIFICATE of Service of Minute Entry 23 by Alison K Carter on behalf of XYZ Corporation
11/06/2023 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic hearing on Plaintiff's motion for preliminary injunction 20 set for 11/21/23, at 9:45 AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 11/20/23, and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date 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 Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. Emailed notice.
11/02/2023 SUMMONS Returned Executed by XYZ Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/2/2023, answer due 11/23/2023.
附件:
1:(Declaration of Service)(Sullivan, Ann Marie)
11/02/2023 MEMORANDUM by XYZ Corporation in support of motion for preliminary injunction 20
附件:
1:(Declaration in Support of Memorandum)(Sullivan, Ann Marie)
11/02/2023 MOTION by Plaintiff XYZ Corporation for preliminary injunction (Sullivan, Ann Marie)
10/25/2023 SURETY BOND in the amount of $ 10,000.00 posted by XYZ Corporation. (Document not imaged)
10/20/2023 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order 17 is granted. The TRO is extended to 11/7/23 for the reasons stated in the order granting the initial TRO 15. Emailed notice.
10/19/2023 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
10/19/2023 MOTION by Plaintiff XYZ Corporation for extension of time of the Temporary Restraining Order
附件:
1:Supplement Memorandum in Support of Motion
2:(Declaration of Alison K. Carter)
10/10/2023 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 10/10/23. Emailed notice
10/10/2023 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff XYZ Corporation's Motion for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym 5, Ex Parte Motion for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 11, and Motion for Electronic Service of Process 13 are granted. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Emailed notice.
09/26/2023 MEMORANDUM by XYZ Corporation in support of motion for miscellaneous relief 13 for Electronic Service of Process
附件:
1:Declaration in Support of Motion
2:(Exhibit 1-4)
09/26/2023 MOTION by Plaintiff XYZ Corporation for Electronic Service of Process
09/26/2023 SEALED DOCUMENT by Plaintiff XYZ Corporation Memorandum in Support of Motion for Temporary Restraining Order
附件:
1:Declaration in Support of Motion
2:Exhibit 1
3:(Exhibit 2)
09/26/2023 SEALED MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order
09/20/2023 SEALED DOCUMENT by Plaintiff XYZ Corporation Amended Schedule A
09/15/2023 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.
09/15/2023 CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment.
09/15/2023 MAILED copyright report to Registrar, Washington DC.
09/15/2023 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.
09/15/2023 CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment.
09/14/2023 SEALED DOCUMENT by Plaintiff XYZ Corporation Notification of Affiliates
09/14/2023 SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint
附件:
1:Exhibit 1
2:(Exhibit 2 - Schedule A)
09/14/2023 MEMORANDUM by XYZ Corporation in support of motion for leave to file 5 Certain Documents under Seal and to Temporarily Proceed under a Pseudonym
附件:
1:Declaration of Ann Marie Sullivan
2:Declaration of Sandy Zhuang
3:Exhibit 1
4:Exhibit 2
5:(Exhibit 3)
09/14/2023 MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym
09/14/2023 ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie)
09/14/2023 ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter
09/14/2023 CIVIL Cover Sheet
09/14/2023 COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 402, receipt number AILNDC-21075234.
附件:
1:Exhibit 1 (Redacted)
2:(Exhibit 2 - Schedule A (Redacted))

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