微信扫码联系我们
| # | Date | Description |
| 40 |
05/26/2023
|
FINAL JUDGMENT ORDER. Signed by the Honorable John F. Kness on 5/26/2023. Mailed notice 翻译 |
| 39 |
05/26/2023
|
ORDER regarding motion for default judgment 26. No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion (Dkt. 26) is granted. Because Defendants directly target their business activities toward consumers in the United States, including Illinois, this Court has personal jurisdiction over the Defendants. Am.Bridal & Prom Indus. Ass'n v. P'ships & Unincorporated Ass'ns Identified onSchedule A, 192 F. Supp. 3d 924, 934 (N.D. Ill. 2016). Plaintiff has presentedscreenshot evidence that each Defendant Internet Store is reaching out to do business with Illinois residents by operating one or more commercial, interactive Internet stores through which Illinois residents can and do purchase infringing products. See, e.g., Dkt. 12, 13. In addition, 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 is warranted. The infringement of Plaintiff's copyrights irreparably harms Plaintiff. Defendants' infringement was willful and statutory damages are thusawarded. 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 (Plaintiff has not sought an accounting of profits), the value of Plaintiff's copyrights, and the need to deter infringement that is easily committed and difficult to stop, the court finds that $50,000 per distinct Defendant is an appropriate award of statutory damages under 17 U.S.C. § 504(c)(2) for Defendants' willful infringement of Plaintiff's copyrights. Enter Final Judgment Order. Civil case terminated. Signed by the Honorable John F. Kness on 5/26/2023. Mailed notice 翻译 |
| 38 |
05/20/2023
|
NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants 翻译 |
| 37 |
05/15/2023
|
NEW PARTIES: Defendant no. 32 and Defendant no. 39 added to case caption. 翻译 |
| 36 |
05/15/2023
|
NEW PARTIES: ' added to case caption. 翻译 |
| 35 |
05/15/2023
|
NEW PARTIES: - added to case caption. 翻译 |
| 34 |
05/15/2023
|
NEW PARTIES: '' added to case caption. 翻译 |
| 33 |
05/15/2023
|
NEW PARTIES: HODOODOO, suqiuchahaibaohuihua, zhengminminhaibao, HeZeHeXiCanYinFuWuYouXianGongSi, Seawater store, Stillarkvs, Rtawyau547, danzhouqianoudianzishangwuyouxiangongsi, Super fan shop, zhangyuanhongshyebg, xixixiaj, QL lamp store, Fengli joy, yangcuimeigongyipinyouhuadian, YouMeJingMao, JIONTIN, uytfgnbfd, PengHuDHKAJFHJDKSKS, tryonme, piprintondemand, Joseph Hikes45, zhangxiaomidepu, luckyzy888, baobing668899, FIYO DIY DIAMOND PAINTING, FIYO DIY DIAMOND PAINTING STORE, SUJHSE7EN, XINSHENG technology, FIYO SHOP H, yiwushizhakenmaoyishangxing, berization, openautumn, hongchennongmao, guofharhjr6w, Be Colorful Store, yiwushibaijiegongyipinyouxiangongsi, Beautiful pro wardrobe, FIYO DIY DIAMOND PAINTING SHOP, zhangpangpang714563, KissDressy, yeling5046 and amatoppeydfeve added to case caption. 翻译 |
| 32 |
05/15/2023
|
NEW PARTIES: LongYanShiMoXinCiMaoYiYouXianGongSi, Mingce Trading, mafengjun, aanxi Rong Xie Yuan Trading Co., Lt, xxstasmyxg, fly-to wealth, Gaoyuzhe, Neolina Electronic Co. Limited, Nguyen Ba Truong StoreVN, xililuweik, hefeipaliangwangokejiyouxiangongsi, putianshichengxiangquhongxuxuwujinjingyingbu, Diaramusna, GaoXinQuHuShuGuanZhenWeiHaoZhongMuJuJingYingBu, WJQ Shop, hhhzaiting, ZHANGLINGMWJHSHOP, Changsha Wang Yanjun Trading Co., Ltd., uncenshuijm, RUMOD, Americus35, Mox WallArt, youmaou, Zhang hai tao, TINMI ARTS OFFICIAL, juncanshangmao, CaptainCrafts, Greek Art, jtedjt, CocooTu, chuxiongkaifaquweisanfanzhocanguang, sss566, LiuYangShiLinHeMaoYiYouXianGongSi, Rodriirozary, Killiorrisan, Jianaiyouxuanjiajudian, Changsha Li Xianru Trading Co., Ltd., Aenaon sign, chulx-us, DongF-US, Sonby, ABEUTY, hongkangbaihuodian, xielibindhgftiih, Chuleng Ling Department Store and Tennessee526 added to case caption. 翻译 |
| 31 |
05/10/2023
|
CERTIFICATE of Service by Plaintiff Marco Orfeo Franz Busoni regarding order on motion for preliminary injunction, terminate deadlines and hearings, terminate motion and R&R deadlines/hearings, 28 翻译 |
| 30 |
05/10/2023
|
PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 5/10/2023. Mailed notice 翻译 |
| 29 |
05/10/2023
|
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 21 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 25 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 Schedule A are added to the Court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Also before the Court is Plaintiff's motion 26 for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise timely appear to defend against this action, even though Plaintiff has filed 23 proof of service on Defendants. 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 5/19/2023. 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 翻译 |
| 28 |
05/04/2023
|
MEMORANDUM by Marco Orfeo Franz Busoni in support of motion for default judgment 26 翻译 |
| 27 |
05/04/2023
|
MOTION by Plaintiff Marco Orfeo Franz Busoni for default judgment as to The Defendants Identified In The First Amended Schedule A 翻译 |
| 26 |
04/17/2023
|
CERTIFICATE of Service by Plaintiff Marco Orfeo Franz Busoni regarding order on motion for preliminary injunction, text entry, 24 翻译 |
| 25 |
04/17/2023
|
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 21 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all 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 4/21/2023." 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, as well as in Plaintiff's motion 18 to extend the 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 翻译 |
| 24 |
04/12/2023
|
SUMMONS Returned Executed by Marco Orfeo Franz Busoni as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/12/2023, answer due 5/3/2023. 翻译 |
| 23 |
04/12/2023
|
MEMORANDUM by Marco Orfeo Franz Busoni in support of motion for preliminary injunction 21 翻译 |
| 22 |
04/12/2023
|
MOTION by Plaintiff Marco Orfeo Franz Busoni for preliminary injunction 翻译 |
| 21 |
04/05/2023
|
ORDER ON MOTION FOR EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 4/5/2023. Mailed notice 翻译 |
| 20 |
04/05/2023
|
MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion for extension of time for temporary restraining order [18] is granted. Enter separate order. Mailed notice 翻译 |
| 19 |
03/31/2023
|
MOTION by Plaintiff Marco Orfeo Franz Busoni for extension of time for temporary restraining order 翻译 |
| 18 |
03/23/2023
|
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A 翻译 |
| 17 |
03/23/2023
|
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 3/23/2023. 翻译 |
| 16 |
03/23/2023
|
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 9, motion for leave to file excess pages 10, and ex parte motion for a temporary restraining order and other relief are granted in part. 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 entries 2, 11, and 13. This minute order and 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 harm caused by infringing 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 翻译 |
| 15 |
01/31/2023
|
MAILED copyright report to Registrar, Washington DC 翻译 |
| 14 |
01/30/2023
|
SEALED EXHIBIT by Plaintiff Marco Orfeo Franz Busoni Sealed Exhibit 2, Declaration of 14 TRO_Exhibit 2, Declaration of Marco Orfeo Franz Busoni regarding memorandum in support of motion, 12 翻译 |
| 13 |
01/30/2023
|
MEMORANDUM In Support of 11 Ex Parte Motion 翻译 |
| 12 |
01/30/2023
|
MOTION by Plaintiff Marco Orfeo Franz Busoni for leave to file excess pages 翻译 |
| 11 |
01/30/2023
|
MOTION by Plaintiff Marco Orfeo Franz Busoni for leave to file [Certain] Documents Under Seal 翻译 |
| 10 |
01/30/2023
|
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. 翻译 |
| 9 |
01/30/2023
|
CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. 翻译 |
| 8 |
01/30/2023
|
ATTORNEY Appearance for Plaintiff Marco Orfeo Franz Busoni by Yanling Jiang 翻译 |
| 7 |
01/30/2023
|
ATTORNEY Appearance for Plaintiff Marco Orfeo Franz Busoni by Cameron Eugene Mcintyre 翻译 |
| 6 |
01/30/2023
|
ATTORNEY Appearance for Plaintiff Marco Orfeo Franz Busoni by Adam Grodman 翻译 |
| 5 |
01/30/2023
|
ATTORNEY Appearance for Plaintiff Marco Orfeo Franz Busoni by Yi Bu 翻译 |
| 4 |
01/30/2023
|
ATTORNEY Appearance for Plaintiff Marco Orfeo Franz Busoni by Keith A. Vogt 翻译 |
| 3 |
01/30/2023
|
CIVIL Cover Sheet 翻译 |
| 2 |
01/30/2023
|
SEALED DOCUMENT by Plaintiff Marco Orfeo Franz Busoni Schedule A to Complaint 1 翻译 |
| 1 |
01/30/2023
|
COMPLAINT filed by Marco Orfeo Franz Busoni; Filing fee $ 402, receipt number AILNDC-20294163. 翻译 |