2023-cv-14038 +组团 近期案件➥ 订阅
原告律所：GORDON REES SCULLY MANSUKHANI, LLP
品牌：Nooro 按摩器
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| # | Date | Description |
| 34 |
04/17/2024
|
ENTERED JUDGMENT 翻译 |
| 33 |
04/17/2024
|
DEFAULT JUDGMENT ORDER. Signed by the Honorable Jeffrey I Cummings on 4/17/2024. Mailed notice 翻译 |
| 32 |
04/17/2024
|
MINUTE entry before the Honorable Jeffrey I Cummings: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 31 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 and copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. The court has considered the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, the need to deter infringement that is easily committed and difficult to stop, and the safety risk to the public of the medical massage devices at issue here. See e.g., Canada Goose v. Goosebb.com, No. 21-cv-1037, 2021 WL 4192881, at *3 (N.D.Ill. Apr. 15, 2021) (noting that because the counterfeit items were winter gear, "an inferior product actually poses a safety risk to consumers who might assume that it is more temperature resistant than it really is"). Based on these considerations, the Court concludes that $100,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice 翻译 |
| 31 |
03/25/2024
|
MINUTE entry before the Honorable Jeffrey I Cummings: The 3/29/24 tracking status hearing is stricken and re-set to 5/10/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice 翻译 |
| 30 |
03/25/2024
|
AFFIDAVIT of Service filed by Plaintiffs XF Agencija Limited, XF Agencija US Inc. regarding Minute Order Doc #33 served on sparkup112@gmail.com; hassatariq2124@gmail.com; bolinweizhang@gmail.com; ylc@deternal.com; 806288091@qq.com; lingzouzuo@gmail.com on March 22, 2024 翻译 |
| 29 |
03/22/2024
|
MINUTE entry before the Honorable Jeffrey I Cummings: The Court is in receipt of plaintiff's motion for default judgment 31. Any objections to the motion for entry of default judgment must be filed on or before 3/29/24. 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 |
03/12/2024
|
AFFIDAVIT of Service filed by Plaintiffs XF Agencija Limited, XF Agencija US Inc. regarding Plainitff's motion for default judgment served on sparkup112@gmail.com; hassatariq2124@gmail.com; bolinweizhang@gmail.com; ylc@deternal.com; 806288091@qq.com; lingzuozuo@gmail.com on March 12, 2024 翻译 |
| 27 |
03/11/2024
|
MOTION by Plaintiffs XF Agencija Limited, XF Agencija US Inc. for default judgment as to 翻译 |
| 26 |
02/08/2024
|
MINUTE entry before the Honorable Jeffrey I Cummings: The Court is in receipt of plaintiffs' request for default 29. Defendants were served with summons and the first amended complaint on 11/9/23 23, their answers were due 11/30/23, and defendants have not appeared or answered the complaint as of the date of this order. Pursuant to Federal Rule of Civil Procedure 55(a), the Court directs the Clerk to enter default as to defendants Naqash Ali, Hassan Tariq, and Zuo Zuo. Plaintiff may proceed with filing a motion for default judgment with supporting materials substantiating their damages no later than 3/13/24. Plaintiff is instructed to serve a copy of this order and its forthcoming motion for default judgment on defendants. Status hearing set for 3/29/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice 翻译 |
| 25 |
01/30/2024
|
REQUEST For Default of Defendants 翻译 |
| 24 |
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. 翻译 |
| 23 |
12/13/2023
|
PRELIMINARY INJUNCTION Signed by the Honorable Jeffrey -MagJud Cummings on 12/13/2023.Mailed notice 翻译 |
| 22 |
12/14/2023
|
NEW PARTIES: Naqash Ali, Hassan Tariq and Zuo Zuo added to case caption. 翻译 |
| 21 |
12/08/2023
|
MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction 20 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 established that it provided electronic notice to defendants of the pendency of this case, including this Court's order directing any objections to be filed by 11/28/23, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Plaintiff shall submit its proposed preliminary injunction order and accompanying Schedule A to the Court's proposed order inbox (Proposed_Order_Cummings@ilnd.uscourts.gov). 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. Mailed notice 翻译 |
| 20 |
11/21/2023
|
CERTIFICATE of Service by Plaintiffs XF Agencija Limited, XF Agencija US Inc. regarding set motion and R&R deadlines/hearings, 24 翻译 |
| 19 |
11/20/2023
|
MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction 20. 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 November 28, 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 Judge Pacold's order entering the TRO, the TRO is extended to and including the date upon 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 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. Mailed notice 翻译 |
| 18 |
11/09/2023
|
AFFIDAVIT of Service filed by Plaintiffs XF Agencija Limited, XF Agencija US Inc. regarding Plaintiff's Amended Complaint served on GoDaddy.com LLC; Shenzhen Dianjiang Technology Co Ltd.; Hostinger International Ltd on 11/9/2023 翻译 |
| 17 |
11/08/2023
|
AMENDED complaint by XF Agencija Limited, XF Agencija US Inc. against Individuals, Business Entities, and Unincorporated Associations on Schedule A 翻译 |
| 16 |
10/30/2023
|
ORDER : STANDING ORDER REGARDING REASSIGNED CIVIL CASES: This case has been re-assigned to the initial calendar of Judge Jeffrey I. Cummings. All previously set status and motion hearing dates are stricken. All previously set discovery deadlines and briefing schedules remain intact. Signed by the Honorable Jeffrey I Cummings on 10/30/2023: Mailed notice. 翻译 |
| 15 |
10/27/2023
|
MOTION by Plaintiffs XF Agencija Limited, XF Agencija US Inc. for preliminary injunction 翻译 |
| 14 |
10/17/2023
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 17 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO 17 entered on 10/3/2023 is extended until 10/31/2023. 翻译 |
| 13 |
10/12/2023
|
AFFIDAVIT of Service filed by Plaintiffs XF Agencija Limited, XF Agencija US Inc. regarding Plaintiff's Complaint, summons, TRO served on GoDaddy.com LLC, Shenzhen Dianjiang and Hostinger International on 10/10/2023 翻译 |
| 12 |
10/10/2023
|
SURETY BOND in the amount of $10,000 posted by XF Agencija Limited, XF Agencija US Inc. (Document not scanned.) 翻译 |
| 11 |
10/10/2023
|
SUMMONS Issued as to Defendant Individuals, Business Entities, and Unincorporated Associations on Schedule A 翻译 |
| 10 |
10/03/2023
|
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 10/3/2023: 翻译 |
| 9 |
10/03/2023
|
MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, electronic service of process, and expedited discovery 5 is granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 substantial likelihood of success on the merits (including evidence of active infringement and offering products for sale into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of 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 timely appears and objects, the court will revisit the asset freeze. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. 翻译 |
| 8 |
09/28/2023
|
ORDER: Damon W. D. Wright's motion for leave to appear pro hac vice on behalf of XF Agencija Limited and XF Agencija UA, Inc. 11 is granted. Signed by the Honorable Martha M. Pacold on 9/28/2023. Mailed notice 翻译 |
| 7 |
09/27/2023
|
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21156237. 翻译 |
| 6 |
09/27/2023
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion to exceed page limit in connection with its Ex Parte Motion for TRO [6] is granted. Plaintiffs have already submitted the motion on the docket [5]. 翻译 |
| 5 |
09/22/2023
|
MOTION by Plaintiffs XF Agencija Limited, XF Agencija US Inc. for leave to file excess pages in connection with its Ex Parte Motion for TRO 翻译 |
| 4 |
09/22/2023
|
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by XF Agencija Limited, XF Agencija US Inc. 翻译 |
| 3 |
09/22/2023
|
ATTORNEY Appearance for Plaintiffs XF Agencija Limited, XF Agencija US Inc. by Brian M. Roth 翻译 |
| 2 |
09/22/2023
|
CIVIL Cover Sheet 翻译 |
| 1 |
09/22/2023
|
COMPLAINT filed by XF Agencija Limited, XF Agencija US Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-21134786. 翻译 |