2024-cv-05264 +组团 近期案件➥ 订阅
原告律所：GBC
品牌：Collegiate Licensing Company 校际体育特许授权公司
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| # | Date | Description |
| 53 |
09/11/2024
|
FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 9/11/2024. Mailed notice 翻译 |
| 52 |
09/11/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 42 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. This infringement was willful and statutory damages are awarded. 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 failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established 46 that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 9/17/2024 is stricken. The one thousand dollar ($1,000) case bond posted by Plaintiff is hereby released to Plaintiff or its counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the bond, plus accrued interest, previously deposited with the Clerk of the Court to Plaintiff or its counsel. Enter separate Final Default Judgment Order. Civil case terminated.Mailed notice 翻译 |
| 51 |
09/03/2024
|
CERTIFICATE of Service by Plaintiff Collegiate Licensing Company, LLC regarding terminate hearings, set/reset hearings, [45] 翻译 |
| 50 |
09/03/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [42] for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of 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 9/10/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 9/10/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. 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. A tentative default judgment hearing is set for 9/17/2024 at 9:15 a.m. Telephone status hearing set for 9/24/2024 is stricken. Mailed notice 翻译 |
| 49 |
09/03/2024
|
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[43] 翻译 |
| 48 |
09/03/2024
|
MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for entry of default, motion for default judgment, [42] 翻译 |
| 47 |
09/03/2024
|
MOTION by Plaintiff Collegiate Licensing Company, LLC for entry of default as to all Defendants, MOTION by Plaintiff Collegiate Licensing Company, LLC for default judgment as to a 翻译 |
| 46 |
08/13/2024
|
BOND in the amount of $ 1,000 check, Receipt No. 100009645, posted by Collegiate Licensing Company, LLC 翻译 |
| 45 |
08/12/2024
|
NEW PARTIES: RubErus added to case caption. 翻译 |
| 44 |
08/12/2024
|
Enter Preliminary Injunction Order. Signed by the Honorable Sunil R. Harjani on 8/12/2024: Mailed notice 翻译 |
| 43 |
08/12/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction [34] 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 [37, 39] that it provided electronic notice to defendants of the pendency of this action and the motion, 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. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 8/14/2024 is stricken. Summons was issued on 8/2/2024, and Defendants' responses to the complaint are due by 8/27/2024. Plaintiff should file any motion for entry of default and default judgment by 9/17/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 9/24/2024 at 9:15 a.m. Mailed notice 翻译 |
| 42 |
08/06/2024
|
CERTIFICATE of Service by Plaintiff Collegiate Licensing Company, LLC regarding terminate hearings, set/reset hearings, [38] 翻译 |
| 41 |
08/06/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [34] 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 8/9/2024." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 8/9/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. 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. The telephone status hearing set for 8/14/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice 翻译 |
| 40 |
08/06/2024
|
SUMMONS Returned Executed by Collegiate Licensing Company, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/6/2024, answer due 8/27/2024. 翻译 |
| 39 |
08/06/2024
|
DECLARATION of Allyson M. Martin regarding memorandum in support of motion[35] 翻译 |
| 38 |
08/06/2024
|
MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for preliminary injunction[34] 翻译 |
| 37 |
08/06/2024
|
MOTION by Plaintiff Collegiate Licensing Company, LLC for preliminary injunction 翻译 |
| 36 |
08/02/2024
|
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A 翻译 |
| 35 |
08/01/2024
|
Registry Deposit Information Form by Collegiate Licensing Company, LLC 翻译 |
| 34 |
07/31/2024
|
SEALED Temporary Restraining Order Signed by the Honorable Sunil R. Harjani on 7/31/2024. Mailed notice 翻译 |
| 33 |
07/31/2024
|
MINUTE entry before the Honorable Sunil R. Harjani:Plaintiff has filed an Amended Complaint [26, 27] that includes only one store. As such, plaintiff need not file a memorandum on the permissibility of joinder as directed by the Court's Order dated 7/18/2024. Plaintiff's renewed ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [28] and renewed motion for electronic service of process [29] are granted. The Temporary Restraining Order being entered along with this minute order shall be placed under seal. For the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 12:30 p.m. on 7/31/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 8/7/2024. Telephone status hearing is set for 8/14/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice 翻译 |
| 32 |
07/25/2024
|
SEALED EXHIBIT by Plaintiff Collegiate Licensing Company, LLC Amended Exhibit 1 regarding declaration[17] 翻译 |
| 31 |
07/25/2024
|
MOTION by Plaintiff Collegiate Licensing Company, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) Renewed 翻译 |
| 30 |
07/25/2024
|
MOTION by Plaintiff Collegiate Licensing Company, LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery - Renewed 翻译 |
| 29 |
07/23/2024
|
SEALED EXHIBIT by Plaintiff Collegiate Licensing Company, LLC Amended Schedule A regarding amended complaint, [26] 翻译 |
| 28 |
07/23/2024
|
AMENDED complaint by Collegiate Licensing Company, LLC against The Partnerships and Unincorporated Associations Identified on Schedule A 翻译 |
| 27 |
07/18/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the plaintiff's memorandum on joinder [23] and determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of 122 defendants is proper in this matter under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"); H-D U.S.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 2021 WL 780486, at *2 (N.D. Ill. Mar. 1, 2021) ("The Seventh Circuit has recognized the broad discretion that district courts have in remedying misjoinder, so long as the court's decision avoids unnecessary harm to the parties."). The Court observes that plaintiff's memorandum includes a fair amount of conclusory language about a logical relationship among all defendants but not much, if any, particular facts to actually support that relationship in this case. Beyond alleging that the 122 defendants are infringing upon plaintiff's trademarks, plaintiff claims only generally that joinder is proper because, inter alia, defendants: (1) use "nondescript Seller Aliases," (2) provide no credible information regarding their physical addresses, (3) use the "same advertising and marketing strategies to target consumers," (4) often share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use; (5) have other shared "features such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images" and (6) the counterfeit products "bear similar irregularities and indicia of being counterfeit to one another" suggesting that they "were manufactured by and come from a common source." (Doc. 23 at 7-8; Doc. 1, ¶ 22). But plaintiff provides no specific examples of such shared features or similar irregularities and instead the record contains Exhibit 1 to the Declaration of Lindsay Conn (which includes 359 pages of screenshots from defendants' listings) without providing the Court with specific additional information from those listings that might in fact support joinder in this matter. See Doc. 18. It is not this Court's job to sift through hundreds of pages of materials to look for a relationship between the defendants. Moreover, "defendants with nearly identical product descriptions may in fact share no ties, with each simply copying the same description from elsewhere." Estee Lauder Cosms. Ltd., et al. v. The Partnerships, et al., No. 20-cv-00845 (N.D. Ill. June 22, 2020) (Lee, J.) (Doc. 40 at 9); see also Estee Lauder, 334 F.R.D. at 188. Within its discretion, on this record, the Court finds that plaintiff has failed to meet its burden to show that joinder is proper here. See Art Ask Agency v. Individuals, Corporations, Limited Liability Companies, Partnerships & Unincorporated Associations Identified on Schedule "A", 2021 WL 5493226, at *2 (N.D. Ill. Nov. 23, 2021) (holding similar conclusory statements do not support joinder); H-D U.S.A., 2021 WL 780486, at *3 (finding joinder improper where plaintiff failed to allege "any nonconclusory facts to form a basis for a conclusion that the defendants' conduct overlaps enough to warrant joinder"). Accordingly, plaintiff's motion for temporary restraining order [14] and motion for electronic service [20] are denied without prejudice. Plaintiff's motion for leave to file under seal [3] is granted. Plaintiff is granted leave to file an amended complaint with a smaller subset of defendants along with a memorandum explaining specifically why each defendant is properly joined to all of the others by 7/31/2024. Mailed notice 翻译 |
| 26 |
07/09/2024
|
DECLARATION of Justin R. Gaudio regarding memorandum 23 翻译 |
| 25 |
07/09/2024
|
MEMORANDUM by Collegiate Licensing Company, LLC Establishing that Joinder is Proper 翻译 |
| 24 |
07/09/2024
|
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 21 翻译 |
| 23 |
07/09/2024
|
MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for miscellaneous relief 20 翻译 |
| 22 |
07/09/2024
|
MOTION by Plaintiff Collegiate Licensing Company, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译 |
| 21 |
07/09/2024
|
DECLARATION of Sterling Hawkins regarding memorandum in support of motion 15 翻译 |
| 20 |
07/09/2024
|
SEALED EXHIBIT by Plaintiff Collegiate Licensing Company, LLC Exhibit 1 - Parts 1-2 regarding declaration 17 翻译 |
| 19 |
07/09/2024
|
DECLARATION of Lindsay Conn regarding memorandum in support of motion 15 翻译 |
| 18 |
07/09/2024
|
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15 翻译 |
| 17 |
07/09/2024
|
MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for temporary restraining order 14 翻译 |
| 16 |
07/09/2024
|
MOTION by Plaintiff Collegiate Licensing Company, LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 翻译 |
| 15 |
06/27/2024
|
MINUTE entry before the Honorable Robert W. Gettleman: I request the Executive Committee that the above captioned case be reassigned by lot to another judge of this Court. Mailed notice 翻译 |
| 14 |
06/26/2024
|
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. 翻译 |
| 13 |
06/26/2024
|
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 |
| 12 |
06/26/2024
|
CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2). 翻译 |
| 11 |
06/26/2024
|
MAILED trademark report to Patent Trademark Office, Alexandria VA. 翻译 |
| 10 |
06/24/2024
|
ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Rachel S Miller 翻译 |
| 9 |
06/24/2024
|
ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Allyson M. Martin 翻译 |
| 8 |
06/24/2024
|
ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Amy Crout Ziegler 翻译 |
| 7 |
06/24/2024
|
ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Justin R. Gaudio 翻译 |
| 6 |
06/24/2024
|
Notice of Claims Involving Trademarks by Collegiate Licensing Company, LLC 翻译 |
| 5 |
06/24/2024
|
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Collegiate Licensing Company, LLC 翻译 |
| 4 |
06/24/2024
|
CIVIL Cover Sheet 翻译 |
| 3 |
06/24/2024
|
MOTION by Plaintiff Collegiate Licensing Company, LLC for leave to file under seal 翻译 |
| 2 |
06/24/2024
|
SEALED EXHIBIT by Plaintiff Collegiate Licensing Company, LLC Schedule A regarding complaint[1] 翻译 |
| 1 |
06/24/2024
|
COMPLAINT filed by Collegiate Licensing Company, LLC; Filing fee $ 405, receipt number AILNDC-22174621. 翻译 |