2024-cv-09791 +组团 近期案件➥ 订阅
原告律所：Getech Law LLC
品牌：蝴蝶版权
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| # | Date | Description |
| 40 |
01/16/2025
|
MAILED copyright report to Registrar, Washington DC 翻译 |
| 39 |
01/15/2025
|
FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 1/15/2025. Mailed notice 翻译 |
| 38 |
01/15/2025
|
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 [28] 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 copyright 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 [31] 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 1/21/2025 is stricken. The one-thousand-dollar ($1,000.00) cash bond posted by Plaintiff, including any applicable or earned interest, is hereby released to Plaintiff's counsel: Getech Law LLC. The Clerk of the Court is directed to return said bond previously deposited with the Clerk of the Court to Plaintiff's counsel by check made out to: Getech Law LLC,203 N LaSalle, Unit 2100, Chicago, IL 60601. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice 翻译 |
| 37 |
01/06/2025
|
CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie 翻译 |
| 36 |
01/06/2025
|
MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 28 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 1/13/2025. 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 1/13/2025. 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 1/21/2025 at 9:15 a.m. Telephone status hearing set for 1/14/2025 is stricken. Mailed notice 翻译 |
| 35 |
01/06/2025
|
CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie 翻译 |
| 34 |
01/06/2025
|
MOTION by Plaintiff Wenjie Xie for entry of default, MOTION by Plaintiff Wenjie Xie for default judgment as to Defaulting Defendants 翻译 |
| 33 |
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 |
| 32 |
12/03/2024
|
PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sunil R. Harjani on 12/3/2024. Mailed notice 翻译 |
| 31 |
12/03/2024
|
NEW PARTIES: GUIhp added to case caption. 翻译 |
| 30 |
12/03/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction [20] 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 [21, 24] 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 any defendant. Plaintiff's counsel is directed to ensure that defendant listed on Schedule A is 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 12/4/2024 is stricken. Summons was issued on 11/26/2024, and Defendant's response to the complaint is due by 12/17/2024. Plaintiff should file any motion for entry of default and default judgment by 1/7/2025. If default and default judgment are not being sought, Plaintiff is ordered to file a status report stating whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 1/14/2025 at 9:15 a.m. By the close of business on 12/3/2024, Plaintiff shall submit a proposed preliminary injunction order to the Court's proposed order inbox for entry. Mailed notice 翻译 |
| 29 |
11/28/2024
|
CERTIFICATE of Service by Plaintiff Wenjie Xie 翻译 |
| 28 |
11/27/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [20] for entry of a preliminary injunction. In connection with that motion, plaintiff must serve defendant with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if defendant does not appear and object by 12/2/2024." 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 12/2/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon defendant within one business day of its entry on the docket and must promptly file proof of that service. A tentative preliminary injunction hearing is set for 12/4/2024 at 9:15 a.m. Mailed notice 翻译 |
| 27 |
11/26/2024
|
CERTIFICATE of Service by Plaintiff Wenjie Xie 翻译 |
| 26 |
11/26/2024
|
SUMMONS Returned Executed by Wenjie Xie as to The Entities and Individuals Identified in Annex A on 11/26/2024, answer due 12/17/2024. 翻译 |
| 25 |
11/26/2024
|
SUMMONS Issued as to Defendant The Entities and Individuals Identified in Annex A 翻译 |
| 24 |
11/26/2024
|
MOTION by Plaintiff Wenjie Xie for preliminary injunction 翻译 |
| 23 |
11/22/2024
|
BOND in the amount of $ 1,000, Cash Bond, Recipt No. 100013419, posted by Wenjie Xie 翻译 |
| 22 |
11/20/2024
|
SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sunil R. Harjani on 11/20/2024. Mailed notice 翻译 |
| 21 |
11/20/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's renewed ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [17] and renewed motion for alternative service [17] are granted. Plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, if defendant was to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that its assets and website would be redirected, thus defeating plaintiff's interests in identifying defendant, stopping defendant's infringing conduct, and obtaining an accounting. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. 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 defendant's infringing products, and there is no countervailing harm to defendant from an order directing it 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 defendant. Expedited discovery is warranted to identify defendant and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 11:00 a.m. on 11/20/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 11/27/2024. Telephone status hearing is set for 12/4/2024 at 9:15 a.m. Plaintiff's duplicative renewed motion for TRO and renewed motion for alternative service [16] is stricken. 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 |
| 20 |
11/19/2024
|
MOTION by Plaintiff Wenjie Xie to Renew Plaintiff's Motion for Ex Parte Temporary Restraining Order, including a temporary injunction, temporary asset restraint, and limited expedited discovery [8] and Plaintiff's Motion for Alternative Service [9] as to Defendants named in Plaintiff's Amended Complaint [15] CORRECTED 翻译 |
| 19 |
11/19/2024
|
MOTION by Plaintiff Wenjie Xie to Renew Plaintiff's Motion for Ex Parte Temporary Restraining Order, including a temporary injunction, temporary asset restraint, and limited expedited discovery [8] and Plaintiff's Motion for Alternative Service [9] as to Defendants named in Plaintiff's Amended Complaint [15] 翻译 |
| 18 |
11/19/2024
|
SEALED DOCUMENT by Plaintiff Wenjie Xie Amended Complaint 翻译 |
| 17 |
11/12/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the plaintiff's memorandum on joinder [12] and determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of 59 defendants is proper in this matter under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosms. Ltd. v. P'ships & Unincorporated Ass'ns 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"). 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, facts to actually support that relationship. Beyond alleging that the 59 defendants are infringing upon plaintiff's copyright, plaintiff claims generally that joinder is proper because, inter alia, the defendants share similarities such as: (1) use of arbitrary and non-identifying aliases to intentionally conceal their identity; (2) receive and purchase the infringing products from the same manufacturer; (3) employ and benefit from market coordination, i.e., using the same advertising and images; (4) offer for sale and sell the exact same infringing products; and (5) have other shared commonalities such as price, payment accounts, grammar, spelling, titles, and descriptions. Doc. 12 at 16. The fact that defendants operate under aliases to conceal their identity "does nothing to support joinder either because [this] allegation[] [is] highly generic and appl[ies] equally to individuals and entities engaging in activities that are not the subject of this suit." Art Ask Agency v. Individuals, Corps., Ltd. Liab. Cos, P'ships, & Unincorporated Ass'ns Identified on Schedule "A", 2021 WL 5493226, at *2 (N.D. Ill. Nov. 23, 2021). Moreover, plaintiff's conclusory statement that defendants receive or purchase the infringing products from the same manufacturer that is not accompanied by "specific facts, or other well-pleaded allegations" to support the conclusion cannot satisfy Rule 20(a)(2). Viking Arm AS v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 2024 WL 2953105, at *3 (N.D. Ill. June 6, 2024) (internal quotes and citation omitted). And even if defendants purchase the infringing products from the same manufacturer" as plaintiff alleges, this reveals little about a relationship between all 59 defendants. Id. (the fact that "defendants likely use the same manufacturer to procure certain parts or the same platforms to sell counterfeit products that are distributed through common shipping facilities. are all coincidentally identical facts that reflect the way these internet webstores tend to operate, not that all defendants are part of a network of infringers.") (internal quotes and citation omitted). Plaintiff also points to five listing images used by defendants to promote their products. "[B]ut counterfeiters copying the marketing and advertising on similar websites simply does not establish a logical relationship between every Defendant." Id. ((internal quotes and citation omitted); Bailie v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 2024 WL 2209698, at *5 (N.D. Ill. May 15, 2024); Ilustrata Servicos Design, Ltda. v. P'ships and Unincorporated Ass'ns on Schedule A, 2021 WL 5396690, at *2 (N.D. Ill. Nov. 18, 2021). Further, selling the same exact product does not suggest a logical relationship between every defendant. Ilustrata Servicos Design, Ltda., 2021 WL 5396690, at *2 ("Nor are Defendants or their alleged infringement 'interrelated' simply because the products sold by Defendants are similar."). Finally, plaintiff provides no specific examples of such shared commonalities such as price, payment accounts, grammar, spelling, titles, and descriptions and instead the record contains Exhibit B to the Declaration of Ge (Linda) Lei (which includes 273 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. 7-5. 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 P'ships, 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 her burden to show that joining all 59 defendants in this single lawsuit is proper here. See Viking Arm AS, 2024 WL 2953105, at *3; Art Ask Agency, 2021 WL 5493226, at *2 (N.D. Ill. Nov. 23, 2021); H-D U.S.A. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", 2021 WL 780486, at *3 (N.D. Ill. Mar. 1, 2021). Accordingly, plaintiff's motion for temporary restraining order [8] and motion for alternative service [9] are denied without prejudice. Plaintiff's motion for leave to file under seal [10] is granted. By 11/20/2024, plaintiff is ordered to amend the complaint to eliminate all improperly joined defendants. H-D U.S.A., 2021 WL 780486, at *2 ("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."). Mailed notice 翻译 |
| 16 |
11/01/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: The joinder issue remains under advisement. Telephone status hearing set for 11/5/2024 is stricken. Mailed notice 翻译 |
| 15 |
10/28/2024
|
SEALED DOCUMENT by Plaintiff Wenjie Xie Supplemental Memorandum in support of Joinder 翻译 |
| 14 |
10/16/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for temporary restraining order [8], plaintiff's motion for alternative service [9], and plaintiff's motion for leave to file under seal [10] are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of 59 defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 10/28/2024, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Laude. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. A telephone status hearing is set for 11/5/2024 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 |
| 13 |
10/15/2024
|
MOTION by Plaintiff Wenjie Xie to seal documents 翻译 |
| 12 |
10/15/2024
|
SEALED MOTION by Plaintiff Wenjie Xie for Alternative Service 翻译 |
| 11 |
10/15/2024
|
SEALED MOTION by Plaintiff Wenjie Xie for Ex Parte Temporary Restraining Order, including a temporary injunction, temporary asset restraint, and limited expedited discovery 翻译 |
| 10 |
10/15/2024
|
SEALED DOCUMENT by Plaintiff Wenjie Xie Sealed Complaint 翻译 |
| 9 |
10/10/2024
|
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 |
| 8 |
10/10/2024
|
CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 3). 翻译 |
| 7 |
10/10/2024
|
MAILED copyright report to Registrar, Washington DC 翻译 |
| 6 |
10/10/2024
|
LETTER from Ge Lei dated 10/10/2024 with Copyright information. 翻译 |
| 5 |
10/10/2024
|
MAILED Copyright Request Letter to Plaintiff's counsel Ge Lei. 翻译 |
| 4 |
10/09/2024
|
ATTORNEY Appearance for Plaintiff Wenjie Xie by Ge Lei 翻译 |
| 3 |
10/09/2024
|
CIVIL Cover Sheet 翻译 |
| 2 |
10/09/2024
|
SEALED EXHIBIT by Plaintiff Wenjie Xie Annex A regarding complaint[1] 翻译 |
| 1 |
10/09/2024
|
COMPLAINT filed by Wenjie Xie; Jury Demand. Filing fee $ 405, receipt number AILNDC-22582134. 翻译 |