2024-cv-08048 +组团 近期案件➥ 订阅
原告律所：GBC
品牌：Marshall 马歇尔
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| # | Date | Description |
| 51 |
04/17/2025
|
FULL SATISFACTION of Judgment regarding order 47 as to certain defendant (Faria De Souza, Luana) 翻译 |
| 50 |
04/11/2025
|
MAILED trademark report with certified copy of minute order dated 4/7/2025 to Patent Trademark Office, Alexandria VA. (jn,) 翻译 |
| 49 |
04/07/2025
|
DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 4/7/2025: 翻译 |
| 48 |
04/07/2025
|
MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared to respond to plaintiff's motion for entry of default and default judgment. 41. The motion, 41, is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $100,000 per defaulting defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. None of the remaining defendants have appeared to argue otherwise. Thus, the court also finds that the balance of the hardships favors an injunction. Enter final judgment. Civil case terminated. 翻译 |
| 47 |
03/21/2025
|
CERTIFICATE of Service by Plaintiff Marshall Amplification PLC regarding set motion and R&R deadlines/hearings, 44 翻译 |
| 46 |
03/21/2025
|
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for entry of default and for default judgment, 41. Any defendant who opposes the motion shall appear by 4/3/2025. If no defendant appears and opposes the motion, the court will consider the motion unopposed. 翻译 |
| 45 |
03/19/2025
|
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[42] 翻译 |
| 44 |
03/19/2025
|
MEMORANDUM by Marshall Amplification PLC in support of motion for entry of default, motion for default judgment[41] 翻译 |
| 43 |
03/19/2025
|
MOTION by Plaintiff Marshall Amplification PLC for entry of default, MOTION by Plaintiff Marshall Amplification PLC for default judgment as to all Defendants 翻译 |
| 42 |
03/10/2025
|
ATTORNEY Appearance for Plaintiff Marshall Amplification PLC by Luana Faria De Souza (Faria De Souza, Luana) 翻译 |
| 41 |
02/24/2025
|
SUMMONS Returned Executed by Marshall Amplification PLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/24/2025, answer due 3/17/2025. 翻译 |
| 40 |
02/11/2025
|
SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A 翻译 |
| 39 |
02/11/2025
|
SUMMONS Submitted (Court Participant) for defendant(s) The Partnerships and Unincorporated Associations Identified on Schedule A by Plaintiff Marshall Amplification PLC 翻译 |
| 38 |
02/11/2025
|
ORDER Signed by the Honorable Martha M. Pacold on 2/11/2025: 翻译 |
| 37 |
02/11/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for expedited discovery, 32, is granted in part and denied in part. Enter Order. 翻译 |
| 36 |
02/06/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to unseal certain documents, [33], is granted. The Clerk of Court is directed to unseal the Schedule A to the Complaint [2] and Exhibit 3 to the Declaration of Linda Sj Lindkvist [18]. 翻译 |
| 35 |
02/06/2025
|
MOTION by Plaintiff Marshall Amplification PLC to unseal document exhibit[2], exhibit[18] 翻译 |
| 34 |
02/06/2025
|
MOTION by Plaintiff Marshall Amplification PLC for discovery Expedited 翻译 |
| 33 |
01/31/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for extension of time to comply with order, 29, is granted. If plaintiff wishes to proceed with this case, plaintiff must file its exhibits publicly on the docket by 2/7/2025. 翻译 |
| 32 |
01/31/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for reconsideration, 28, is denied. "While motions to reconsider are permitted. they are disfavored." Patrick v. City of Chicago, 103 F. Supp. 3d 907, 911 (N.D. Ill. 2015). "This is a heavy burden for the moving party and makes a motion for reconsideration an inappropriate medium to 'rehash' past arguments[.]" Alice F. v. Health Care Serv. Corp., No. 17-cv-3710, 2019 WL 11626480, at *1 (N.D. Ill. June 17, 2019) (citation omitted). "Motions for reconsideration serve a limited function: to correct manifest errors of law or fact or to present newly discovered evidence." Caisse Nationale de Credit Agricole v. CBI Indus., Inc., 90 F.3d 1264, 1269 (7th Cir. 1996) (citation omitted). Plaintiff has not submitted any newly discovered evidence. Thus, plaintiff can prevail only if it demonstrates that the court made a manifest error of law or fact. "A manifest error of law or fact under this standard occurs when a district court 'has patently misunderstood a party, or has made a decision outside the adversarial issues presented to the Court by the parties, or has made an error not of reasoning but of apprehension.'" Patrick, 103 F. Supp. 3d at 912 (quoting Bank of Waunakee v. Rochester Cheese Sales, Inc., 906 F.2d 1185, 1191 (7th Cir. 1990)). Plaintiff has not shown that the court made a manifest error of law or fact. Plaintiff points out that the court has the power to issue an asset restraint when a plaintiff seeks an accounting and profits in the alternative to statutory damages in its complaint. See CSC Holdings, Inc. v. Redisi, 309 F.3d 988, 996 (7th Cir. 2002) (asset freeze was "appropriate" when plaintiff sought statutory damages or equitable relief in the alternative). But simply because a court has the authority to issue an asset freeze in such circumstances does not mean that the plaintiff here is entitled to one. As explained in the prior minute entry, 25, the court is not persuaded that plaintiff intends to actually seek or obtain equitable relief-as opposed to statutory damages-in this case. Plaintiff's motion for reconsideration, 28, is denied. 翻译 |
| 31 |
01/17/2025
|
MOTION by Plaintiff Marshall Amplification PLC for extension of time to Comply with Order 25 翻译 |
| 30 |
01/17/2025
|
MOTION by Plaintiff Marshall Amplification PLC for reconsideration regarding order on motion for leave to file, order on motion for temporary restraining order, text entry, 25 翻译 |
| 29 |
01/16/2025
|
ATTORNEY Appearance for Plaintiff Marshall Amplification PLC by Madeline Halgren 翻译 |
| 28 |
01/16/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for electronic service of process, [19], is granted. The court finds that electronic service of process is proper under Fed. R. Civ. P. 4(f)(3). 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. To the extent that the motion requests service of process of any temporary restraining order in this case, service is not necessary because this court has already denied the motion for a TRO. [25]. 翻译 |
| 27 |
01/16/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motions for leave to file under seal, [3], and for a temporary restraining order and for expedited discovery, [14], are denied. Plaintiff seeks leave to file under seal so that plaintiff may obtain a temporary restraining order freezing the defendants' assets before revealing the defendants' identities. See [3]. "The Supreme Court has made clear that courts lack the power to issue an asset freeze at the beginning of a case, unless that party is seeking equitable monetary relief." Zorro Productions, Inc. v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, No. 23-cv-5761, 2023 WL 8807254, at *4 (N.D. Ill., Dec. 20, 2023) (citing Grupo Mexicano de Desarrollo S.A. v. All. Bond Fund, Inc., 527 U.S. 308 (1999)); see also Shenzhen Yihong Lighting Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 23-cv-1560, at Dkt. 15 (N.D. Ill. Nov. 22, 2023). Indeed, "[a]s a general matter [ ] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." Id. (second alteration in original) (quoting Banister v. Firestone, No. 17-cv-8940, 2018 WL 4224444, at *9 (N.D. Ill. Sept. 5, 2018)). In Schedule A cases, plaintiffs often initially demand equitable relief in the form of an accounting of profits, but after obtaining a temporary asset freeze, plaintiffs uniformly shift their focus to demanding statutory damages. Id. at *3-4. In substance, then, if not in form, Schedule A plaintiffs seek prejudgment asset restraints to establish a fund from which money damages may be awarded. So, despite the demand in plaintiff's complaint that it be awarded defendants' profits, the court is not persuaded that plaintiff will actually seek or obtain such equitable relief-as opposed to statutory damages-in this case. See Zorro, 2023 WL 8807254, at *3-4. Thus, even if plaintiff's initial demand for an accounting of profits could provide this court with the power to issue a prejudgment asset freeze, see Grupo Mexicano, 527 U.S. at 333; Banister, 2018 WL 4224444, at *9, the court is not persuaded that such a freeze is warranted. Because the court denies the motion for a temporary restraining order, there is no reason to seal plaintiff's filings pending such relief. Plaintiff's motions for leave to file under seal, [3], and for a temporary restraining order, [14], are therefore denied. Plaintiff's sealed exhibits, [2], [18], are stricken. If plaintiff wishes to proceed with this case, plaintiff must file its exhibits publicly on the docket by 1/31/2025. 翻译 |
| 26 |
12/27/2024
|
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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. 翻译 |
| 25 |
11/14/2024
|
ATTORNEY Appearance for Plaintiff Marshall Amplification PLC by Kahlia Roe Halpern 翻译 |
| 24 |
10/25/2024
|
ATTORNEY Appearance for Plaintiff Marshall Amplification PLC by Jennifer Van Nacht 翻译 |
| 23 |
09/06/2024
|
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 20 翻译 |
| 22 |
09/06/2024
|
MEMORANDUM by Marshall Amplification PLC in support of motion for miscellaneous relief 19 翻译 |
| 21 |
09/06/2024
|
MOTION by Plaintiff Marshall Amplification PLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译 |
| 20 |
09/06/2024
|
SEALED EXHIBIT by Plaintiff Marshall Amplification PLC Exhibit 3 - Parts 1-2 regarding declaration 17 翻译 |
| 19 |
09/06/2024
|
DECLARATION of Linda Sjo Lindkvist regarding memorandum in support of motion 15 翻译 |
| 18 |
09/06/2024
|
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15 翻译 |
| 17 |
09/06/2024
|
MEMORANDUM by Marshall Amplification PLC in support of motion for temporary restraining order 14 翻译 |
| 16 |
09/06/2024
|
MOTION by Plaintiff Marshall Amplification PLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 翻译 |
| 15 |
09/05/2024
|
NOTICE of Correction regarding mailed. 翻译 |
| 14 |
09/05/2024
|
MAILED USM285 Form [162], and Order [190] dated 09/04/2024 to USM via email. 翻译 |
| 13 |
09/05/2024
|
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. 翻译 |
| 12 |
09/05/2024
|
MAILED trademark report to Patent Trademark Office, Alexandria VA. 翻译 |
| 11 |
09/04/2024
|
CLERK'S NOTICE: Pursuant to Local Rule 40.3(C), this case has been directly assigned to the Magistrate Judge who previously remanded a related case filed by Plaintiff. If Plaintiff and Defendant consent to have the Magistrate Judge conduct all proceedings in this case, including the entry of final judgment, they must execute and file a Consent form. If an executed Consent form is not filed within 60 days of this notice, the case will be reassigned to the District Judge to whom the prior related case was originally assigned., 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. (qrtr,) 翻译 |
| 10 |
09/04/2024
|
ATTORNEY Appearance for Plaintiff Marshall Amplification PLC by Lucas Allen Peterson 翻译 |
| 9 |
09/04/2024
|
ATTORNEY Appearance for Plaintiff Marshall Amplification PLC by Quinn Bradley Guillermo 翻译 |
| 8 |
09/04/2024
|
ATTORNEY Appearance for Plaintiff Marshall Amplification PLC by Amy Crout Ziegler 翻译 |
| 7 |
09/04/2024
|
ATTORNEY Appearance for Plaintiff Marshall Amplification PLC by Justin R. Gaudio 翻译 |
| 6 |
09/04/2024
|
Notice of Claims Involving Trademarks by Marshall Amplification PLC 翻译 |
| 5 |
09/04/2024
|
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Marshall Amplification PLC 翻译 |
| 4 |
09/04/2024
|
CIVIL Cover Sheet 翻译 |
| 3 |
09/04/2024
|
MOTION by Plaintiff Marshall Amplification PLC for leave to file under seal 翻译 |
| 2 |
09/04/2024
|
SEALED EXHIBIT by Plaintiff Marshall Amplification PLC Schedule A regarding complaint[1] 翻译 |
| 1 |
09/04/2024
|
COMPLAINT filed by Marshall Amplification PLC; Filing fee $ 405, receipt number AILNDC-22437198. 翻译 |