原告律所:Andrew J. Palmer
品牌:SIRENHEAD警笛头怪物
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# | Date | Description |
52 |
12/06/2024
|
ORDER: The Clerk is directed to release $10,000 cash bond posted by Plaintiff to Plaintiff or its counsel along with any applicable or earned interest. Signed by the Honorable John F. Kness on 12/6/2024. Mailed notice. 翻译 |
51 |
10/22/2024
|
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion 56 to amend the final judgment order is granted. Paragraph 9 of the final judgment order 49 is amended to reflect that that $10,000 cash bond posted by Plaintiff should be released to Plaintiff or its counsel along with any applicable or earned interest. Mailed notice. 翻译 |
50 |
10/15/2024
|
MOTION by Plaintiff Yangzhou Okus Trading Co., Ltd. to amend/correct order 49 翻译 |
49 |
10/08/2024
|
Full SATISFACTION of Judgment in the amount of $100,000 as to Defendant No.2 Thymeflower 翻译 |
48 |
10/07/2024
|
FULL SATISFACTION of Judgment in the amount of $100,000 as to Defendant No.46 BooksAroundtheWorldUS 翻译 |
47 |
09/24/2024
|
FULL SATISFACTION of Judgment in the amount of $100,000 as to Defendant No.32 GOBRICKS STORE 翻译 |
46 |
09/24/2024
|
FULL SATISFACTION of Judgment in the amount of $100,000 as to Defendant No.9 ZAIWEI 翻译 |
45 |
08/30/2024
|
MAILED trademark report to Patent Trademark Office, Alexandria VA 翻译 |
44 |
08/30/2024
|
FULL SATISFACTION of Judgment regarding order 49 in the amount of $100,000 as to Defendant No.75 Zhierle-US and Defendant No.78 Huaxnn 翻译 |
43 |
08/29/2024
|
FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 8/29/2024. Mailed notice. 翻译 |
42 |
08/29/2024
|
ORDER: Plaintiff's motion 35 seeking a default judgment is granted. Any other pending motions are dismissed as moot. Civil case terminated. Enter separate Final Judgment Order. Signed by the Honorable John F. Kness on 8/29/2024. Mailed notice. 翻译 |
41 |
08/15/2024
|
NOTICE of Voluntary Dismissal by Yangzhou Okus Trading Co., Ltd. as to Defendant No.40 foshanshihuijinlongfushiyouxiangongsi without prejudice 翻译 |
40 |
08/15/2024
|
STIPULATION of Dismissal as to No.38 suchengquruoxinchaoshi US and No. 51 Husfou 翻译 |
39 |
08/15/2024
|
STIPULATION of Dismissal as to Defendants No. 55 ngijrijsd Co., Ltd. and No. 72 kingque Co., Ltd. ( 翻译 |
38 |
08/09/2024
|
NOTICE of Voluntary Dismissal by Yangzhou Okus Trading Co., Ltd. as to Defendant No.29 LLD-US, Defendant No.31 daoyingshangmao, Defendant No.71 Shelby'T Trading, Defendant No.73 Reliable Store. 翻译 |
37 |
08/08/2024
|
MINUTE entry before the Honorable John F. Kness: Defendant suchengquruoxinchaoshi US' Motion for Extension of Time to Answer or Otherwise Plead 41 is granted. Defendant suchengquruoxinchaoshi US must answer or otherwise plead to Plaintiff's complaint on or before 8/28/2024. Mailed notice. 翻译 |
36 |
08/08/2024
|
MINUTE entry before the Honorable John F. Kness: Defendant Husfou's Motion for Extension of Time to Answer or Otherwise Plead 39 is granted. Defendant Husfou must answer or otherwise plead to Plaintiff's complaint on or before 8/26/2024. Mailed notice. 翻译 |
35 |
08/07/2024
|
MOTION by Defendant suchengquruoxinchaoshi US for extension of time to file answer regarding complaint, [1] (UNKNOWN IF OPPOSED) 翻译 |
34 |
08/05/2024
|
MOTION by Defendant Husfou for extension of time to file answer regarding complaint, [1] (UNKOWN IF OPPOSED) 翻译 |
33 |
08/02/2024
|
DECLARATION regarding motion for default judgment 35 翻译 |
32 |
08/02/2024
|
MEMORANDUM by Yangzhou Okus Trading Co., Ltd. in support of motion for default judgment 35 翻译 |
31 |
08/02/2024
|
MOTION by Plaintiff Yangzhou Okus Trading Co., Ltd. for default judgment as to Defendants on Schedule A 翻译 |
30 |
07/24/2024
|
MINUTE entry before the Honorable John F. Kness: Defendants' 55 ngijrijsd Co.ltd, 71 Shelby'T Trading, and 72 kingque Co.ltd's Second Motion for Extension of Time to Respond to the Complaint 33 is granted. Defendants 55 ngijrijsd Co.ltd, 71 Shelby'T Trading, and 72 kingque Co.ltd must answer or otherwise plead to Plaintiff's complaint on or before 8/8/2024. Mailed notice. 翻译 |
29 |
07/17/2024
|
MOTION by Defendants Shelby'T Trading, kingque Co.ltd, ngijrijsd Co.ltd for extension of time to file answer regarding complaint, 1 Second Motion for Extension of Time to Respond to Complaint 翻译 |
28 |
07/17/2024
|
NOTICE of Voluntary Dismissal by Yangzhou Okus Trading Co., Ltd. as to Defendant No.7 WangMengXing without prejudice 翻译 |
27 |
07/03/2024
|
PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 7/3/2024. Mailed notice. 翻译 |
26 |
07/03/2024
|
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 19 is granted. Enter separate preliminary injunction order. Plaintiff's filings establish that Plaintiff 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 or infringing goods. Plaintiff has also certified and established 24 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, despite the Court having provided 22 the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the docket within five business days. The Clerk is directed to unseal any and all previously-sealed documents. Mailed notice. 翻译 |
25 |
06/28/2024
|
MINUTE entry before the Honorable John F. Kness: Defendants Shelby'T Trading, kingque Co.ltd, ngijrijsd Co.ltd's Unopposed Motion for Extension of Time to Respond to Complaint 27 is granted. Defendants Shelby'T Trading, kingque Co.ltd, ngijrijsd Co.ltd must answer or otherwise plead to Plaintiff's complaint on or before 7/18/2024. Mailed notice. 翻译 |
24 |
06/27/2024
|
MOTION by Defendants Shelby'T Trading, kingque Co.ltd, ngijrijsd Co.ltd for extension of time to file answer regarding complaint, [1] Unopposed Motion to Extend 翻译 |
23 |
06/12/2024
|
CERTIFICATE of Service by Plaintiff Yangzhou Okus Trading Co., Ltd. 翻译 |
22 |
06/12/2024
|
NOTICE of Voluntary Dismissal by Yangzhou Okus Trading Co., Ltd. as to Defendant No.20 Avatation4o 翻译 |
21 |
06/12/2024
|
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 19 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all remaining 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 on or before 6/18/2024." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's order entering the temporary restraining order ("TRO"), as well as in Plaintiff's earlier motion 17 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. Plaintiff's motion 17 seeking an extension of the TRO is dismissed as moot in view of the relief provided in this order. Mailed notice. 翻译 |
20 |
06/07/2024
|
DECLARATION regarding motion for preliminary injunction 19 翻译 |
19 |
06/07/2024
|
MEMORANDUM by Yangzhou Okus Trading Co., Ltd. in support of motion for preliminary injunction 19 翻译 |
18 |
06/07/2024
|
MOTION by Plaintiff Yangzhou Okus Trading Co., Ltd. for preliminary injunction 翻译 |
17 |
05/30/2024
|
MOTION by Plaintiff Yangzhou Okus Trading Co., Ltd. for extension of time of the Temporary Restraining Order 16 翻译 |
16 |
05/20/2024
|
SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 5/20/2024. 翻译 |
15 |
05/20/2024
|
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 3, ex parte motion for a temporary restraining order 7, and motion for electronic service of process 12 are granted in part. Plaintiff's submissions (e.g., Dkt. 9, 10) 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 4 and 11. 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, Plaintiff's 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 Plaintiff's interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. 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 Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, 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 Plaintiff's trademarked works to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 consumer confusion caused by counterfeit or 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 several judges have previously noted, there may be reason to question both the propriety of joining 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 reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. Mailed notice. 翻译 |
14 |
01/08/2024
|
DECLARATION of Anderew J. Palmer regarding memorandum in support of motion 13 翻译 |
13 |
01/08/2024
|
MEMORANDUM by Yangzhou Okus Trading Co., Ltd. in support of motion for miscellaneous relief 12 翻译 |
12 |
01/08/2024
|
MOTION by Plaintiff Yangzhou Okus Trading Co., Ltd.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译 |
11 |
01/08/2024
|
SEALED EXHIBIT by Plaintiff Yangzhou Okus Trading Co., Ltd. regarding declaration 10 翻译 |
10 |
01/08/2024
|
DECLARATION of Wenyong Yao regarding memorandum in support of motion 8 翻译 |
9 |
01/08/2024
|
DECLARATION of Anderew J. Palmer regarding memorandum in support of motion 8 翻译 |
8 |
01/08/2024
|
MEMORANDUM by Yangzhou Okus Trading Co., Ltd. in support of motion for temporary restraining order 7 翻译 |
7 |
01/08/2024
|
MOTION by Plaintiff Yangzhou Okus Trading Co., Ltd. for temporary restraining order including a temporary injunction and expedited discovery 翻译 |
6 |
12/29/2023
|
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Yangzhou Okus Trading Co., Ltd. 翻译 |
5 |
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 |
4 |
12/22/2023
|
SEALED EXHIBIT by Plaintiff Yangzhou Okus Trading Co., Ltd. Schedule A regarding complaint, 1 翻译 |
3 |
12/22/2023
|
MOTION by Plaintiff Yangzhou Okus Trading Co., Ltd. for leave to file under seal 翻译 |
2 |
12/22/2023
|
CIVIL Cover Sheet 翻译 |
1 |
12/19/2023
|
COMPLAINT filed by Yangzhou Okus Trading Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21441575. 翻译 |