原告律所:HSP
品牌:Casio 卡西欧
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# | Date | Description |
57 |
08/12/2025
|
FINAL Default Judgment Order. Signed by the Honorable April M. Perry on 8/12/2025. Civil case terminated. Mailed notice. (jcc,) 翻译 |
56 |
08/12/2025
|
MINUTE entry before the Honorable April M. Perry: Motion hearing held on 8/12/2025. No one appeared for the Defendants. Plaintiff's motion for default judgment 40 is granted for the reasons set forth in Plaintiff's motion and consistent with the order to follow. Enter order. Mailed notice. (jcc,) 翻译 |
55 |
08/08/2025
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MEMORANDUM by Casio Computer Co., Ltd. Plaintiff's Supplemental Memorandum in Support of Defaulting Defendants' Trade Dress Infringement 翻译 |
54 |
07/29/2025
|
MINUTE entry before the Honorable April M. Perry: Hearing held on 7/29/2025 and continued until 8/12/2025 at 10:00 a.m. in person in Courtroom 1725. Plaintiff is given until 8/8/2025 to submit any additional materials on trade dress and secondary meaning. Mailed notice. (jcc,) 翻译 |
53 |
07/28/2025
|
ATTORNEY Appearance for Plaintiff Casio Computer Co., Ltd. by Elizabeth Aubree Miller 翻译 |
52 |
07/24/2025
|
MINUTE entry before the Honorable April M. Perry: Motion for leave to file excess pages 48 is granted. Plaintiff may file a Memorandum in support of its Motion for Entry of Default and Default Judgment of up to 22 pages. Mailed notice. (jcc,) 翻译 |
51 |
07/23/2025
|
by Casio Computer Co., Ltd. Plaintiff's Supplemental Chart in Response to July 1, 2025 Minute Order [Dkt. No. 44] 翻译 |
50 |
07/23/2025
|
MEMORANDUM by Casio Computer Co., Ltd. Plaintiff's Supplemental Memorandum in Support of an Individualized Damage Award Per Defaulting Defendant 翻译 |
49 |
07/23/2025
|
MOTION by Plaintiff Casio Computer Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation 翻译 |
48 |
07/23/2025
|
MINUTE entry before the Honorable April M. Perry: Motion for extension of time 46 is granted. Plaintiff's deadline to file a supplemental memorandum in support of its motion for default judgment that includes an individual liability and damages assessment on a defendant-by-defendant basis is extended to 7/23/2025. Mailed notice. (jcc,) 翻译 |
47 |
07/22/2025
|
MOTION by Plaintiff Casio Computer Co., Ltd. for extension of time Plaintiff's Motion for a Frist Extension of Time to File a Supplemental Memorandum in Support of its Motion for Default Judgment [Dkt. Nos. 40, 41] 翻译 |
46 |
07/01/2025
|
CERTIFICATE of Service by John Wilson on behalf of Casio Computer Co., Ltd. 翻译 |
45 |
07/01/2025
|
MINUTE entry before the Honorable April M. Perry: The Court orders that the parties appear for a hearing on 7/29/2025 at 10:00 a.m. in person in Courtroom 1725 to address Plaintiff's motion for default judgment 40. Based on its review of Plaintiff's motion for default judgment, the Court has determined that it requires supplemental briefing and materials from Plaintiff prior to the hearing supporting both the liability of each particular defendant and the request for $100,000 in statutory damages per defaulting defendant. With respect to liability, Plaintiff has not explained as to each of the 20 different defendants (i) how Plaintiff's trade dress is distinctive, and (ii) why consumers are likely to be confused as to the source or affiliation of the products because of the similarity of Plaintiff's products and those sold by each of the 20 defendants. See Competitive Edge, Inc. v. Staples, Inc., 763 F. Supp. 2d 997, 1012 (N.D. Ill. 2010), aff'd, 412 F. App'x 304 (Fed. Cir. 2011). To put a finer point on it: Plaintiff's counsel must explain how each individual defendant allegedly infringed plaintiff's trade dress. Plaintiff's counsel is reminded that legal conclusions in a complaint are not accepted as true: the complaint must plead facts that establish liability, even when the defendant has defaulted. As for damages, this Court must make a reasoned, evidence-based, and individualized assessment of statutory damages for each defaulting defendant based on their particular conduct. See, e.g., Estee Lauder Cosmetics Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) ("[A]n online store that shows thousands of reviews for a counterfeit product probably sold much more of that product than an online store with zero reviews for it, and the more prolific seller should be tagged with a larger damages award."). Based on the Court's review of the record, the remaining defendants sell different types of products at different price points and at varying volumes. Based on this record, an across-the board award of $100,000 per defaulting defendant is excessive and not particularized to any individual defendant's conduct. Therefore, by 7/22/2025, Plaintiff shall file a supplemental memorandum in support of its motion for default judgment that includes an individualized liability and damages assessment on a defendant-by-defendant basis. Specifically, Plaintiff should provide a chart that lists all of the remaining defendants and the amount of statutory damages sought against each individual defendant, and which provides a summary for each defendant of the information supporting their particular statutory damages amount, including the size and scope of the defendant's operations, the price range of the counterfeited products sold, and any other information that supports the sought statutory damages requested. The Court also requests detailed briefing which explains and illustrates how each of the defendant products allegedly infringes Plaintiff's trade dress. Plaintiff must serve a copy of this minute order upon all affected defendants within one business day of its entry on the docket and promptly file proof of that service. The Court strikes the hearing date of 7/3/2025. Mailed notice. (jcc,) 翻译 |
44 |
06/30/2025
|
NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 40 before Honorable April M. Perry on 7/3/2025 at 10:00 AM. 翻译 |
43 |
06/30/2025
|
DECLARATION of Michael A. Hierl regarding motion for default judgment, 40 翻译 |
42 |
06/30/2025
|
MEMORANDUM by Casio Computer Co., Ltd. in support of motion for default judgment, 40 翻译 |
41 |
06/30/2025
|
MOTION by Plaintiff Casio Computer Co., Ltd. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A 翻译 |
40 |
06/09/2025
|
MINUTE entry before the Honorable April M. Perry: The Court has received Plaintiff's Status Report 38. Plaintiff is given leave to file a motion for entry of default and default judgment by 6/30/2025 if no Defendant appears. Mailed notice. (jcc,) 翻译 |
39 |
06/06/2025
|
STATUS Report by Casio Computer Co., Ltd. 翻译 |
38 |
06/05/2025
|
SUMMONS Returned Executed by Casio Computer Co., Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 6/2/2025, answer due 6/23/2025. 翻译 |
37 |
05/30/2025
|
MINUTE entry before the Honorable April M. Perry: This case was filed in October 2024, and Plaintiff eventually made efforts to serve the Defendants in April 2025. Nothing appears to have been done with the case since then. Plaintiff is ordered to file a status update by 6/6/2025 setting forth whether it plans to voluntarily dismiss the case or move for default judgment. Mailed notice. (jn,) 翻译 |
36 |
04/30/2025
|
SUMMONS Issued (Court Participant) as to Defendant Shop911055047 Store and all other Defendants identified in the Amended Complaint 翻译 |
35 |
03/26/2025
|
ORDER for Leave to Conduct Expedited Discovery and Electronic Service. Signed by the Honorable April M. Perry on 3/26/2025. Mailed notice. (jcc,) 翻译 |
34 |
03/26/2025
|
MINUTE entry before the Honorable April M. Perry: Plaintiff's motions for Electronic Service 30 and Expedited Discovery 31 are granted. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with an online marketplace defendant. Expedited discovery is warranted to identify Defendant. Enter order. Mailed notice. (jcc,) 翻译 |
33 |
03/24/2025
|
MOTION by Plaintiff Casio Computer Co., Ltd. to expedite Plaintiff's Motion for Expedited Discovery 翻译 |
32 |
03/24/2025
|
MOTION by Plaintiff Casio Computer Co., Ltd. Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译 |
31 |
03/17/2025
|
STATUS Report by Casio Computer Co., Ltd. 翻译 |
30 |
03/03/2025
|
MINUTE entry before the Honorable April M. Perry: There has been no activity in this case since Plaintiff's amended complaint was filed 11/26/2024. Plaintiff is asked to file a status report by 3/17/2025. Plaintiff is also reminded of its obligation to serve Defendants in a timely manner and is asked to provide information in its status report about what, if any, attempts have been made to serve Defendants. Mailed notice. (jcc,) 翻译 |
29 |
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 |
28 |
11/26/2024
|
SEALED DOCUMENT by Plaintiff Casio Computer Co., Ltd. Amended Schedule A 翻译 |
27 |
11/26/2024
|
AMENDED complaint by Casio Computer Co., Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 翻译 |
26 |
11/26/2024
|
EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0032: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable April M. Perry; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable April M. Perry; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable April M. Perry's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable April M. Perry to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable April M. Perry to the Court's criminal case assignment system ninety (90) days so that Judge Perry shall thereafter receive a full share of such cases. Case reassigned to the Honorable April M. Perry for all further proceedings. Honorable John Robert Blakey no longer assigned to the case. Signed by Honorable Virginia M. Kendall on 11/26/2024. 翻译 |
25 |
11/04/2024
|
MINUTE entry before the Honorable John Robert Blakey: In this lawsuit, Plaintiff seeks to sue 149 separate defendants for trademark and trade dress infringement. See 1, 8. Joinder of multiple defendants in a single trademark infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). On this score, Plaintiff alleges that, although Defendants "operate under multiple fictitious names, there are numerous similarities among the Defendant Internet Stores. For example, some of the Defendant websites have virtually identical layouts, even though different aliases were used to register the respective online marketplace accounts. In addition, the counterfeit Products for sale in the Defendant Internet Stores bear similarities and indicia of being related to one another, suggesting that the counterfeit Products were manufactured by and come from a common source and that, upon information and belief, Defendants are interrelated. The Defendant Internet Stores also include other notable common features, including use of the same online marketplace account registration patterns, unique shopping cart platforms, accepted payment methods, check-out methods, meta data, illegitimate SEO tactics, HTML user-defined variables, domain redirection, lack of contact information, identically or similarly priced items and volume sales discounts, similar hosting services, similar name servers, and the use of the same text and images. 1 35. While these allegations may suffice to support joinder, they are undermined significantly by the screenshot evidence submitted along with Plaintiff's pleadings. A cursory review of that evidence shows, for example, that, although some defendant stores do appear to use some of the same stock photos, others do not, showing instead a variety of images and undermining Plaintiff's relatedness claim. See, e.g. 20 at 1, 11, 15, 23. Additionally, some of the product images appear inconsistent with the claimed use of Plaintiff's infringement claims. See, e.g., 16 at 8 (no apparent use of Plaintiff's mark); 17 at 32 (same); 18 at 1 (same); 15 at 121 (no apparent infringement of Plaintiff's claimed trade dress); 18 at 28, 65 (same); 19 at 11, 44 (same); 20 at 15 (same). As a result, the Court dismisses without prejudice Plaintiff's complaint 1 and denies as moot Plaintiff's motions for leave to seal 7 and file excess pages 12 and motion for TRO 13. The 11/6/24 Notice of Motion date is stricken as to all motions. If Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support the joinder of the identified defendants in this single action, it may do so by 11/26/24. If Plaintiff fails to comply, the Court will dismiss this case. If Plaintiff elects to amend its complaint, it should also bolster its allegations relating to personal jurisdiction. Plaintiff alleges that personal jurisdiction exists as to each Defendant because "each Defendant conducts significant business in Illinois and in this Judicial District, and the acts and events giving rise to this lawsuit of which each Defendant stands accused were undertaken in Illinois and in this Judicial District. In addition, each Defendant has offered to sell and ship infringing products into this Judicial District." 1 12. But the former is a legal conclusion (unsupported by the submitted screenshot evidence), and the latter remains insufficient to confer personal jurisdiction. See, e.g., Am. Bridal & Prom Indus. Ass'n, Inc. v. The Partnerships & Unincorporated Associations Identified on Schedule A, 192 F. Supp. 3d 924, 93435 (N.D. Ill. 2016) (simply alleging the existence of purported counterfeiting via an interactive website is not enough, by itself, to confer personal jurisdiction); Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014) ("Having an interactive website. should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."); Rubik's Brand, Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 20-CV-5338, 2021 WL 825668, at *3 (N.D. Ill. Mar. 4, 2021) (screenshot evidence showing that an order could be placed by an Illinoisan, "amounts to nothing more than maintaining an interactive website that is accessible in Illinois," and "that alone cannot confer personal jurisdiction."). Mailed notice 翻译 |
24 |
10/28/2024
|
NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 13, motion for leave to file excess pages 12, motion to seal document 7 before Honorable John Robert Blakey on 11/6/2024 at 11:00 AM. 翻译 |
23 |
10/28/2024
|
Notice of Claims Involving Trademarks by Casio Computer Co., Ltd. 翻译 |
22 |
10/28/2024
|
SEALED DOCUMENT by Plaintiff Casio Computer Co., Ltd. Exhibit 2 Part 6 of Takeyama Declaration 翻译 |
21 |
10/28/2024
|
SEALED DOCUMENT by Plaintiff Casio Computer Co., Ltd. Exhibit 2 Part 5 of Takeyama Declaration 翻译 |
20 |
10/28/2024
|
SEALED DOCUMENT by Plaintiff Casio Computer Co., Ltd. Exhibit 2 Part 4 of Takeyama Declaration 翻译 |
19 |
10/28/2024
|
SEALED DOCUMENT by Plaintiff Casio Computer Co., Ltd. Exhibit 2 Part 3 of Takeyama Declaration 翻译 |
18 |
10/28/2024
|
SEALED DOCUMENT by Plaintiff Casio Computer Co., Ltd. Exhibit 2 Part 2 of Takeyama Declaration 翻译 |
17 |
10/28/2024
|
SEALED DOCUMENT by Plaintiff Casio Computer Co., Ltd. Exhibit 2 Part 1 of Takeyama Declaration 翻译 |
16 |
10/28/2024
|
MEMORANDUM by Casio Computer Co., Ltd. in support of motion for temporary restraining order, 13 翻译 |
15 |
10/28/2024
|
MOTION by Plaintiff Casio Computer Co., Ltd. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication 翻译 |
14 |
10/28/2024
|
MOTION by Plaintiff Casio Computer Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation 翻译 |
13 |
10/28/2024
|
MAILED to plaintiff(s) counsel Lanham Mediation Program materials 翻译 |
12 |
10/28/2024
|
MAILED trademark report to Patent Trademark Office, Alexandria VA 翻译 |
11 |
10/25/2024
|
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 |
10 |
10/25/2024
|
CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Direct assignment. (Civil Category Civil Direct Assignment). 翻译 |
9 |
10/25/2024
|
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Casio Computer Co., Ltd. 翻译 |
8 |
10/25/2024
|
SEALED DOCUMENT by Plaintiff Casio Computer Co., Ltd. Sealed Schedule A 翻译 |
7 |
10/25/2024
|
MOTION by Plaintiff Casio Computer Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal 翻译 |
6 |
10/25/2024
|
ATTORNEY Appearance for Plaintiff Casio Computer Co., Ltd. by John Wilson 翻译 |
5 |
10/25/2024
|
ATTORNEY Appearance for Plaintiff Casio Computer Co., Ltd. by Robert Payton Mcmurray 翻译 |
4 |
10/25/2024
|
ATTORNEY Appearance for Plaintiff Casio Computer Co., Ltd. by William Benjamin Kalbac 翻译 |
3 |
10/25/2024
|
ATTORNEY Appearance for Plaintiff Casio Computer Co., Ltd. by Michael A. Hierl 翻译 |
2 |
10/25/2024
|
CIVIL Cover Sheet 翻译 |
1 |
10/25/2024
|
COMPLAINT filed by Casio Computer Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22654470. 翻译 |