原告律所:Keith
品牌:PERSONA 女神异闻录
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# | Date | Description |
55 |
04/13/2024
|
SATISFACTION of Judgment as to defendant no. 26 cosmyday 翻译 |
54 |
04/01/2024
|
NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 1 (set freight, buy more and cheaper) 翻译 |
53 |
02/06/2024
|
DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 2/6/2024. Emailed notice. 翻译 |
52 |
02/06/2024
|
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 41 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 $10,000.00 is an appropriate award of statutory damages against each remaining defendant. Enter Default Final Judgment Order. Civil case terminated. Emailed notice. 翻译 |
51 |
02/05/2024
|
NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 33 DSBL and defendant no. 31 dealmansell 翻译 |
50 |
01/19/2024
|
CERTIFICATE of Service by Plaintiff Sega Corporation and Atlus Co., Ltd. regarding terminate hearings, set motion and R&R deadlines/hearings, 45 翻译 |
49 |
01/19/2024
|
MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment 41 against the remaining defendants identified in the Third Amended Schedule A 42. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Amended Schedule A is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendants must be filed on or before 2/2/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining affected Defendants within one business day of its entry on the docket and must promptly file proof of that service. No appearance is necessary on 1/25/24. Emailed notice. 翻译 |
48 |
01/18/2024
|
NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment[41] before Honorable LaShonda A. Hunt on 1/25/2024 at 10:00 AM. 翻译 |
47 |
01/18/2024
|
MEMORANDUM by Sega Corporation and Atlus Co., Ltd. in support of motion for default judgment[41] 翻译 |
46 |
01/18/2024
|
EXHIBIT by Plaintiff Sega Corporation and Atlus Co., Ltd. Exhibit 1 regarding MOTION by Plaintiff Sega Corporation and Atlus Co., Ltd. for default judgment as to The Defendants Identified In Third Amended Schedule A [41] 翻译 |
45 |
01/18/2024
|
MOTION by Plaintiff Sega Corporation and Atlus Co., Ltd. for default judgment as to The Defendants Identified In Third Amended Schedule A 翻译 |
44 |
01/17/2024
|
NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants 翻译 |
43 |
01/07/2024
|
NEW PARTIES: chongwuzhenzelianriyongpin, COBLEE CO, Colorfuliful, congtaiqufan, Cosermask, cosmyday, cosplayhobby, DaFu store, Danmian, Dayue Department Store, dealmansell, DINGLIBH, DSBL, DUCHUY96, EDCGF, Elizabeth Olvera, EUbailihuanbao, Face or Mask, fangzhen us and fg-shops added to case caption. 翻译 |
42 |
01/07/2024
|
NEW PARTIES: (set freight, buy more and cheaper), 51efoo, ADesign USA, Adonis Pigou, amz-boutique, Anxuanjingxiaochu, ATEOVE, AUTOKOI, BAAAVIIS Action Figure Original Factory Store, BestCoser, binbaoshimaoshang, binglishangmao, bono store, Bulex, business-shop, CaiJinLeiDeXiaoDian, Changsha Liuyang Linmei Electronic Trading Co., Lt, Changsha Ma Jialai Electronic Commerce Co., Ltd., CHEN WEN RUI and ChifengPT added to case caption. 翻译 |
41 |
01/04/2024
|
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 except Defendant Nos. 6 and 12 38. Summons were executed on 12/14/23, and Defendants' responses to the complaint are due by 1/4/24 32. By 2/9/24, 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. Mailed notice 翻译 |
40 |
01/04/2024
|
PRELIMINARY INJUNCTION ORDER signed by the Honorable LaShonda A. Hunt on 1/4/2024. Mailed notice 翻译 |
39 |
01/04/2024
|
MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction 29, which the Court now considers unopposed because no Defendant filed a notice of objection by the 1/3/24 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 26, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction with respect to all Defendants except Nos. 6 and 12. 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 32 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 Second Amended Schedule A 23 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 |
38 |
01/04/2024
|
NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 6 Anxuanjingxiaochu and defendant no. 12 binglishangmao 翻译 |
37 |
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 |
36 |
12/15/2023
|
CERTIFICATE of Service by Plaintiff Sega Corporation and Atlus Co., Ltd. regarding order on motion for preliminary injunction, terminate hearings, set motion and R&R deadlines/hearings, 33 翻译 |
35 |
12/15/2023
|
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction 29 is taken under advisement. A telephonic motion hearing is set for 1/4/24, at 10:00 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 1/3/24, and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO 26, 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. No appearance is necessary on 12/19/23. Emailed notice. 翻译 |
34 |
12/14/2023
|
SUMMONS Returned Executed by Sega Corporation and Atlus Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/14/2023, answer due 1/4/2024. 翻译 |
33 |
12/14/2023
|
NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction[29] before Honorable LaShonda A. Hunt on 12/19/2023 at 10:00 AM. 翻译 |
32 |
12/14/2023
|
MEMORANDUM by Sega Corporation and Atlus Co., Ltd. in support of motion for preliminary injunction[29] 翻译 |
31 |
12/14/2023
|
MOTION by Plaintiff Sega Corporation and Atlus Co., Ltd. for preliminary injunction 翻译 |
30 |
12/13/2023
|
SURETY BOND in the amount of $20,000 posted by Sega Corporation and Atlus Co., Ltd. (Document not scanned) 翻译 |
29 |
12/08/2023
|
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A 翻译 |
28 |
12/08/2023
|
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 12/8/2023. Emailed notice to counsel for plaintiff. 翻译 |
27 |
12/08/2023
|
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiffs' ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by e-mail and/or electronic publication [14] is granted in part as to all Amended Schedule A defendants except Defendant Nos. 6 and 12. Both the original Exhibit 2 [16] to the original Declaration of Jay Paragoso [15-3] and the amended Exhibit 2 [25] to the Amended Declaration of Jay Paragoso [24] contain blank pages instead of screenshot evidence for Defendant Nos. 6 and 12. For all other defendants, Plaintiffs' 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 plaintiffs 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 Plaintiffs' 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 $20,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 12/14/23. Emailed notice. 翻译 |
26 |
12/05/2023
|
SEALED EXHIBIT by Plaintiff Sega Corporation and Atlus Co., Ltd. Sealed Exhibit 2, Declaration of Jay Paragoso regarding declaration, [24], order on motion for exparte, terminate hearings, set motion and R&R deadlines/hearings, [22], sealed document[23] 翻译 |
25 |
12/05/2023
|
DECLARATION regarding order on motion for exparte, terminate hearings, set motion and R&R deadlines/hearings, [22], sealed document[23], memorandum in support of motion, [15] 翻译 |
24 |
12/05/2023
|
SEALED DOCUMENT by Plaintiff Sega Corporation and Atlus Co., Ltd. Second Amended Schedule A to Complaint [1] and Schedule A to Complaint [2] 翻译 |
23 |
12/04/2023
|
MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the Complaint [1] and Amended Schedule A [11], the Court questions whether Plaintiffs plausibly allege that the 50 defendants here are sufficiently connected to satisfy the requirements of Fed. R. Civ. P. 20(a)(2) for joinder. Both Estee Lauder v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020) and Bose Corp. v. Schedule A, 334 F.R.D. 511 (N.D. Ill. 2020) are instructive on this issue. Courts have "'considerable discretion' and 'flexibility' in determining whether the plaintiff has plausibly alleged such a relationship." Bose Corp., 334 F.R.D. at 513. An important consideration in Schedule A cases with numerous online marketplaces and sellers whose only sufficiently alleged connection is that they are all accused of selling counterfeit products that infringe upon Plaintiff's intellectual property rights is "whether the permissive joinder of a party will comport with the principles of fundamental fairness." Estee Lauder, 334 F.R.D. at 186 (citing Chavez v. Ill. State Police, 251 F.3d 612, 632 (7th Cir. 2001)). In making this assessment, the Court must balance various factors: (1) the continuing harm to plaintiffs who seek immediate relief from courts to protect their intellectual property rights and prevent further economic loss; (2) the due process rights of defendants against whom ex parte relief, including the extraordinary remedy of freezing all their assets without notice and potentially ruining a legitimate business, is sought; and (3) the interest in promoting judicial economy as courts must quickly and efficiently evaluate hundreds of pages of evidentiary submissions to ensure that injunctive relief is warranted. Estee Lauder also instructs that conclusory allegations concerning the interrelatedness of defendants are not enough to support joinder, facts must be alleged. 334 F.R.D. at 185 & 188. In this case, Plaintiffs have alleged only conclusions regarding a connection between the 50 Defendants and filed hundreds of pages of evidence to prove their alleged infringement. Under these circumstances, the Court declines to exercise its discretion to allow permissive joinder of all 50 defendants. However, after taking the aforementioned factors into consideration, the Court has generally allowed plaintiffs in Schedule A counterfeit products cases to proceed with no more than 40 defendants, which is far more manageable for a single case. That is less burdensome to plaintiffs, defendants, and the judicial system. Accordingly, consistent with this ruling, Plaintiffs are granted leave to file a Second Amended Schedule A and an amended declaration in support of the pending TRO motion [14] that specifically identifies the relevant pages where evidence pertaining to each Second Amended Schedule A defendant can be found in the prior voluminous submissions, by 12/11/23. This case is set for an in-person hearing on 12/14/23, at 10:00 AM in Courtroom 1425. If Plaintiffs choose to amend their filings, the hearing date will be stricken. Otherwise, Plaintiffs may submit a written response to this order, not to exceed 5 pages, by 12/11/23, and appear at the hearing to present further argument. Plaintiffs' TRO motion [14] is taken under advisement until the joinder issue is resolved. No appearance is necessary on 12/6/23. Emailed notice. 翻译 |
22 |
12/04/2023
|
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiffs' motion to exceed page limitation [13] is granted. Plaintiffs may exceed the 15-page limit by filing their 30-page memorandum in support of TRO motion [15] instanter. Emailed notice. 翻译 |
21 |
12/04/2023
|
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiffs' motion for leave to file under seal [12] is granted. The documents filed at [2], [11], and [16] shall remain under seal pending further order of the Court. Emailed notice. 翻译 |
20 |
12/04/2023
|
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. 翻译 |
19 |
12/04/2023
|
MAILED trademark report to Patent Trademark Office, Alexandria VA. 翻译 |
18 |
12/01/2023
|
Presentment for Exparte motion [14] and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file excess pages[13], motion for leave to file[12] before Honorable LaShonda A. Hunt on 12/6/2023 at 10:00 AM. 翻译 |
17 |
12/01/2023
|
SEALED EXHIBIT by Plaintiff Sega Corporation and Atlus Co., Ltd. Sealed Exhibit 2, Declaration of Jay Paragoso regarding memorandum in support of motion, [15] 翻译 |
16 |
12/01/2023
|
MEMORANDUM in support of [14] Exparte motion 翻译 |
15 |
12/01/2023
|
MOTION by Plaintiff Sega Corporation and Atlus Co., Ltd. for leave to file excess pages 翻译 |
14 |
12/01/2023
|
MOTION by Plaintiff Sega Corporation and Atlus Co., Ltd. for leave to file under seal 翻译 |
13 |
12/01/2023
|
SEALED DOCUMENT by Plaintiff Sega Corporation and Atlus Co., Ltd. Schedule A to Complaint [1] 翻译 |
12 |
11/29/2023
|
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sega Corporation and Atlus Co., Ltd. 翻译 |
11 |
11/29/2023
|
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 |
10 |
11/29/2023
|
CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2). 翻译 |
9 |
11/29/2023
|
ATTORNEY Appearance for Plaintiff Sega Corporation and Atlus Co., Ltd. by Monica Rita Martin 翻译 |
8 |
11/29/2023
|
ATTORNEY Appearance for Plaintiff Sega Corporation and Atlus Co., Ltd. by Cameron Eugene Mcintyre 翻译 |
7 |
11/29/2023
|
ATTORNEY Appearance for Plaintiff Sega Corporation and Atlus Co., Ltd. by Adam Grodman 翻译 |
6 |
11/29/2023
|
ATTORNEY Appearance for Plaintiff Sega Corporation and Atlus Co., Ltd. by Yi Bu 翻译 |
5 |
11/29/2023
|
ATTORNEY Appearance for Plaintiff Sega Corporation and Atlus Co., Ltd. by Yanling Jiang 翻译 |
4 |
11/29/2023
|
ATTORNEY Appearance for Plaintiff Sega Corporation and Atlus Co., Ltd. by Keith A. Vogt 翻译 |
3 |
11/29/2023
|
CIVIL Cover Sheet 翻译 |
2 |
11/29/2023
|
SEALED DOCUMENT by Plaintiff Sega Corporation and Atlus Co., Ltd. Schedule A to Complaint [1] 翻译 |
1 |
11/29/2023
|
COMPLAINT filed by Sega Corporation and Atlus Co., Ltd. ; Filing fee $ 402, receipt number AILNDC-21373823. 翻译 |