2024-cv-08479 +组团 近期案件➥ 订阅
原告律所：David
品牌：Hells Angels Motorcycle Corporation地狱天使摩托车俱乐部
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| # | Date | Description |
| 41 |
02/13/2025
|
ENTERED JUDGMENT Mailed notice 翻译 |
| 40 |
02/12/2025
|
FINAL JUDGMENT ORDER. Signed by the Honorable Jeffrey I Cummings on 2/12/2025. Mailed notice 翻译 |
| 39 |
02/13/2025
|
MAILED trademark report with order dated 2/12/2025 to Patent Trademark Office, Alexandria VA 翻译 |
| 38 |
02/12/2025
|
MINUTE entry before the Honorable Jeffrey I Cummings: The remaining defendant has not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion [32] 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 defendant (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. Enter Final Judgment Order. All pending deadlines and hearings are stricken. Civil case terminated. Mailed notice 翻译 |
| 37 |
12/26/2024
|
CERTIFICATE of Service by Plaintiffs 81 Corporation, Hells Angels Motorcycle Corporation regarding terminate deadlines and hearings, set/reset hearings, [34] 翻译 |
| 36 |
12/26/2024
|
MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion [33] for entry of default and default judgment against the remaining defendant. Defendant has 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 1/8/25. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon the remaining defendant within one business day of its entry on the docket and must promptly file proof of that service. The 12/30/24 tracking status hearing is stricken and re-set to 1/31/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice 翻译 |
| 35 |
12/15/2024
|
MEMORANDUM by 81 Corporation, Hells Angels Motorcycle Corporation in support of motion for default judgment[32] 翻译 |
| 34 |
12/15/2024
|
MOTION by Plaintiffs 81 Corporation, Hells Angels Motorcycle Corporation for default judgment as to all defendants 翻译 |
| 33 |
12/05/2024
|
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Jeffrey I Cummings on 12/5/2024. Mailed notice 翻译 |
| 32 |
12/05/2024
|
MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction [24] is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendant 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 that it provided electronic notice to defendant 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 defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that the defendant listed on Amended Schedule A is added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice 翻译 |
| 31 |
11/21/2024
|
CERTIFICATE of Service by Plaintiffs 81 Corporation, Hells Angels Motorcycle Corporation regarding terminate deadlines and hearings, set/reset hearings, [28] 翻译 |
| 30 |
11/21/2024
|
MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction [24]. In connection with that motion, plaintiff must 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 by or before December 2, 2024." 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 the Court'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. The 11/22/24 status report deadline and the 12/9/24 tracking status hearing are stricken. Status hearing set for 12/30/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice 翻译 |
| 29 |
11/18/2024
|
MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for extension of the TRO [21] is granted. The TRO entered on 11/6/24 [20] is extended to 12/3/24. Mailed notice 翻译 |
| 28 |
11/15/2024
|
CERTIFICATE of Service by Plaintiffs 81 Corporation, Hells Angels Motorcycle Corporation regarding MOTION by Plaintiffs 81 Corporation, Hells Angels Motorcycle Corporation for preliminary injunction [24], SEALED Order[20], sealed document[10], complaint[1], sealed document[2] 翻译 |
| 27 |
11/15/2024
|
MEMORANDUM by 81 Corporation, Hells Angels Motorcycle Corporation in support of motion for preliminary injunction[24] 翻译 |
| 26 |
11/15/2024
|
MOTION by Plaintiffs 81 Corporation, Hells Angels Motorcycle Corporation for preliminary injunction 翻译 |
| 25 |
11/15/2024
|
SUMMONS Returned Executed by 81 Corporation, Hells Angels Motorcycle Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/15/2024, answer due 12/6/2024. 翻译 |
| 24 |
11/15/2024
|
SURETY BOND in the amount of $ 2000.00 posted by 81 Corporation, Hells Angels Motorcycle Corporation 翻译 |
| 23 |
11/15/2024
|
MOTION by Plaintiffs 81 Corporation, Hells Angels Motorcycle Corporation for extension of time of TRO 翻译 |
| 22 |
11/06/2024
|
SEALED ORDER Signed by the Honorable Jeffrey I Cummings on 11/6/2024. Mailed notice 翻译 |
| 21 |
10/31/2024
|
MEMORANDUM Unsealed Memorandum in Support of TRO 翻译 |
| 20 |
10/30/2024
|
MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file under seal [16], motion for leave to file excess pages [15], and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process [13] are granted as to Amended Schedule A [12]. Plaintiff's submissions 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 file under seal the documents identified in the motion to seal. The Temporary Restraining Order being will be entered in due course will also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, 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. Plaintiff's counsel shall submit a proposed TRO to the Court's proposed order inbox by 10/31/24. Plaintiff shall also file a publicly available version of the memorandum in support of the motion for TRO with only the approved portions and attachments to remain under seal. Mailed notice 翻译 |
| 19 |
10/17/2024
|
STATUS Report by 81 Corporation, Hells Angels Motorcycle Corporation 翻译 |
| 18 |
10/17/2024
|
MOTION by Plaintiffs 81 Corporation, Hells Angels Motorcycle Corporation to seal document sealed document[12], sealed document, [14] 翻译 |
| 17 |
10/17/2024
|
MOTION by Plaintiffs 81 Corporation, Hells Angels Motorcycle Corporation for leave to file excess pages 翻译 |
| 16 |
10/17/2024
|
SEALED DOCUMENT by Plaintiffs 81 Corporation, Hells Angels Motorcycle Corporation 翻译 |
| 15 |
10/17/2024
|
MOTION by Plaintiffs 81 Corporation, Hells Angels Motorcycle Corporation for temporary restraining order 翻译 |
| 14 |
10/17/2024
|
NEW PARTIES: Hells Angels Motorcycle Corporation added to case caption. 翻译 |
| 13 |
10/17/2024
|
SEALED DOCUMENT by Plaintiff 81 Corporation Amended Schedule A 翻译 |
| 12 |
10/03/2024
|
MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to temporarily seal documents and temporarily proceed under a pseudonym [7] is granted in part and denied in part. At a minimum, plaintiff's submissions 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's requests to seal certain documents is granted. However, plaintiff's request to proceed under a pseudonym temporarily is denied. As the Seventh Circuit has explained, "[w]e have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate 'exceptional circumstances' that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016); see also Doe v. Smith, 429 F.3d 706, 710 (7th Cir. 2005) ("[T]his circuit's decisions. disfavor anonymous litigation."); Doe v. Blue Cross & Blue Shield United of Wis., 112 F.3d 869, 872 (7th Cir. 1997) ("Identifying the parties to the proceeding is an important dimension of publicness. The people have a right to know who is using their courts."). Here, plaintiff has failed to demonstrate the requisite "exceptional circumstances" to warrant proceeding anonymously under the factual scenario presented by this case. Indeed, plaintiff only asserts, without support, that "[p]roceeding pseudonymously. is necessary to prevent the Defendants from learning of these proceedings prior to the execution of the temporary restraining order." (Dckt. #7 at 1). Further, and more importantly, plaintiff has failed to demonstrate that the safeguards already in place will not otherwise protect his interest in enforcing his rights. See XYZ Corp. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 21-CV-06471, 2022 WL 180151, at *2 (N.D.Ill. Jan. 20, 2022) ("There is insufficient evidence. that Schedule A defendants are taking advantage of the case-tracking option to such an extent that it is materially impeding brand owners' enforcement efforts."). On or before 11/22/24, the parties shall file a joint initial status report in accordance with the template available on the Court's website under the case management procedure titled "Initial Status Report for Newly Filed Cases." The parties shall also review all of the case management procedures and standing orders available on the Court's website, including the Court's case management procedure for motions to dismiss. Initial tracking status hearing set for 12/9/24 at 9:00 a.m. to track the case only (no appearance is required and the case will not be called). Mailed notice 翻译 |
| 11 |
09/18/2024
|
SEALED DOCUMENT by Plaintiff 81 Corporation Amended Schedule A 翻译 |
| 10 |
09/17/2024
|
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. 翻译 |
| 9 |
09/16/2024
|
MAILED trademark report to Patent Trademark Office, Alexandria VA. 翻译 |
| 8 |
09/16/2024
|
NEW PARTIES: Partnerships and Unincorporated Associations Identified on Schedule A added to case caption. 翻译 |
| 7 |
09/16/2024
|
MOTION by Plaintiff 81 Corporation to seal document sealed document 5, sealed document 4, sealed document 2 翻译 |
| 6 |
09/16/2024
|
ATTORNEY Appearance for Plaintiff 81 Corporation by David Lee Gulbransen, Jr 翻译 |
| 5 |
09/16/2024
|
SEALED DOCUMENT by Plaintiff 81 Corporation USPTO Cover Sheet 翻译 |
| 4 |
09/16/2024
|
SEALED DOCUMENT by Plaintiff 81 Corporation Affiliate Disclosure 翻译 |
| 3 |
09/16/2024
|
CIVIL Cover Sheet 翻译 |
| 2 |
09/16/2024
|
SEALED DOCUMENT by Plaintiff 81 Corporation Complaint, Ex. 1, Ex 2., and Schedule A 翻译 |
| 1 |
09/16/2024
|
COMPLAINT filed by 81 Corporation; Filing fee $ 405, receipt number AILNDC-22481154. 翻译 |