2023-cv-05276 +组团 近期案件➥ 订阅
原告律所：GBC
品牌：Rainbow Friends 彩虹朋友
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| # | Date | Description |
| 44 |
03/29/2024
|
NOTICE of withdrawal of surety bond [24] by John Summerfield (Received at the Intake Counter on 03/29/24) (Received for docketing 04/05/24) 翻译 |
| 43 |
01/02/2024
|
MAILED copyright report to Registrar, Washington DC. 翻译 |
| 42 |
12/28/2023
|
FULL SATISFACTION of Judgment regarding order[38] in the amount of $50,000 as to certain defendants 翻译 |
| 41 |
12/26/2023
|
FINAL JUDGMENT ORDER. Signed by the Honorable John F. Kness on 12/26/2023. Mailed notice. 翻译 |
| 40 |
12/26/2023
|
ORDER: No Defendant has responded to Plaintiffs' motion (Dkt. [32]) for entry of a default judgment. Accordingly, the motion is granted. Because Defendants directly target their business activities toward consumers in the United States, including Illinois, this Court has personal jurisdiction over Defendants. Am. Bridal & Prom Indus. Ass'n v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 192 F.Supp. 3d 924, 934 (N.D. Ill. 2016). Plaintiffs have presented screenshot 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 whichIllinois residents can and do purchase infringing products. See, e.g., Dkt. [11], [12]. In addition, based on the evidence previously submitted by Plaintiffs and the admission of liability by virtue of the default, Plaintiffs have established that a permanent injunction is warranted. The infringement of Plaintiffs' copyright irreparably harms Plaintiffs and confuses the public. Defendants' infringement was willful and statutory damages are thus awarded. After considering the nature of the items, the price point, the value of Plaintiffs' copyright, 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' willfulinfringement of Plaintiffs' copyright. Enter separate Final Judgment Order.Plaintiffs' motion (Dkt. [21]) seeking entry of a preliminary injunction is dismissed as moot. Civil case terminated. Signed by the Honorable John F. Kness on 12/26/2023. Mailed notice. 翻译 |
| 39 |
12/08/2023
|
CERTIFICATE of Service by Plaintiffs Bryan Fletcher, Garrett Fletcher per [35] 翻译 |
| 38 |
12/08/2023
|
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiffs' motion [32] for entry of default and default judgment against all 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 12/14/2023. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiffs must serve this minute order forthwith upon all remaining Defendants and must promptly file proof of service. Mailed notice 翻译 |
| 37 |
12/05/2023
|
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[33] 翻译 |
| 36 |
12/05/2023
|
MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for entry of default, motion for default judgment, [32] 翻译 |
| 35 |
12/05/2023
|
MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for entry of default, MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for default judgment as to all Defendants 翻译 |
| 34 |
12/05/2023
|
NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to Certain Defendants 翻译 |
| 33 |
11/30/2023
|
NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to certain defendant 翻译 |
| 32 |
11/16/2023
|
NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to certain defendant 翻译 |
| 31 |
11/10/2023
|
SUMMONS Returned Executed by Bryan Fletcher, Garrett Fletcher as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/10/2023, answer due 12/1/2023. 翻译 |
| 30 |
11/09/2023
|
NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to certain defendant 翻译 |
| 29 |
11/06/2023
|
CERTIFICATE of Service by Plaintiffs Bryan Fletcher, Garrett Fletcher per [25] 翻译 |
| 28 |
11/06/2023
|
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [21] for entry of a preliminary injunction against "certain defendants." In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all of the Defendants implicated by the motion 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 11/13/2023." Plaintiff must file proof of service of the Court's statement within two business days of service. Mailed notice 翻译 |
| 27 |
11/01/2023
|
SURETY BOND in the amount of $10,000 posted by Bryan Fletcher, Garrett Fletcher. (Document not scanned.) 翻译 |
| 26 |
11/02/2023
|
SUMMONS Returned Executed by Bryan Fletcher, Garrett Fletcher as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/2/2023, answer due 11/23/2023. 翻译 |
| 25 |
11/02/2023
|
MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for preliminary injunction[21] 翻译 |
| 24 |
11/02/2023
|
MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for preliminary injunction as to Certain Defendants 翻译 |
| 23 |
10/26/2023
|
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A 翻译 |
| 22 |
10/24/2023
|
SEALED TEMPORARY Restraining Order Signed by the Honorable John F. Kness on 10/24/2023. 翻译 |
| 21 |
10/24/2023
|
MINUTE entry before the Honorable John F. Kness: Plaintiffs' motion for leave to file under seal 3, ex parte motion for a temporary restraining order 9, and motion for electronic service of process 14 are granted in part. Plaintiffs' submissions (e.g., Dkt. 11, 12) establish that, were Defendants to learn of these proceedings before the execution of Plaintiffs' 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, Plaintiffs may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2 and 13. 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, Plaintiffs' filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). 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 Plaintiffs' interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Plaintiffs' allegations at this stage suggest that Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiffs' trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiffs have demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiffs 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 this Court and others have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether Plaintiffs will pursue an accounting (which Plaintiffs assert as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiffs have 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 reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice 翻译 |
| 20 |
08/18/2023
|
MAILED copyright report to Registrar, Washington DC. 翻译 |
| 19 |
08/11/2023
|
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16] 翻译 |
| 18 |
08/11/2023
|
MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for miscellaneous relief[14] (Corrected) 翻译 |
| 17 |
08/11/2023
|
MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for miscellaneous relief[14] 翻译 |
| 16 |
08/11/2023
|
MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译 |
| 15 |
08/11/2023
|
SEALED EXHIBIT by Plaintiffs Bryan Fletcher, Garrett Fletcher Exhibit 2 - Parts 1 - 8 regarding declaration[12] 翻译 |
| 14 |
08/11/2023
|
DECLARATION of Steve Fletcher regarding memorandum in support of motion[10] 翻译 |
| 13 |
08/11/2023
|
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[10] 翻译 |
| 12 |
08/11/2023
|
MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for temporary restraining order[9] 翻译 |
| 11 |
08/11/2023
|
MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 翻译 |
| 10 |
08/09/2023
|
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 |
08/09/2023
|
CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. 翻译 |
| 8 |
08/09/2023
|
ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Trevor Christian Talhami 翻译 |
| 7 |
08/09/2023
|
ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Justin Tyler Joseph 翻译 |
| 6 |
08/09/2023
|
ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Amy Crout Ziegler 翻译 |
| 5 |
08/09/2023
|
ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Justin R. Gaudio 翻译 |
| 4 |
08/09/2023
|
CIVIL Cover Sheet 翻译 |
| 3 |
08/09/2023
|
MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for leave to file under seal 翻译 |
| 2 |
08/09/2023
|
SEALED EXHIBIT by Plaintiffs Bryan Fletcher, Garrett Fletcher Schedule A regarding complaint[1] 翻译 |
| 1 |
08/09/2023
|
COMPLAINT filed by Bryan Fletcher, Garrett Fletcher; Filing fee $ 402, receipt number AILNDC-20912858. 翻译 |