原告律所:Getech Law LLC
品牌:蝴蝶版权
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# | Date | Description |
30 |
02/13/2025
|
FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 2/13/2025. Mailed notice 翻译 |
29 |
02/13/2025
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MINUTE entry before the Honorable Sunil R. Harjani: Defendant has not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 22 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 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. Plaintiff has also certified and established 25 that she provided electronic notice to defendant of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 2/19/2025 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 |
28 |
02/05/2025
|
CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie 翻译 |
27 |
02/05/2025
|
MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [22] for entry of default and default judgment against 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 objection to the motion for entry of default judgment must be filed on or before 2/12/2025. If no objection is 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 2/12/2025. 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 defendant 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 2/19/2025 at 9:15 a.m. Telephone status hearing set for 2/13/2025 is stricken. Mailed notice 翻译 |
26 |
02/04/2025
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CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie 翻译 |
25 |
02/04/2025
|
MOTION by Plaintiff Wenjie Xie for entry of default, MOTION by Plaintiff Wenjie Xie for default judgment as to Defaulting Defendant 翻译 |
24 |
01/06/2025
|
NEW PARTIES: stickers everywhere added to case caption. 翻译 |
23 |
01/06/2025
|
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 1/6/2025. Mailed notice 翻译 |
22 |
01/06/2025
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction [14] 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 [18] 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 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 1/7/2025 is stricken. Summons was issued on 12/30/2023, and Defendant's response to the complaint is due by 1/20/2025. Plaintiff should file any motion for entry of default and default judgment by 2/6/2025. 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 2/13/2025 at 9:15 a.m. Mailed notice 翻译 |
21 |
12/20/2024
|
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 12/20/2024: Mailed notice. 翻译 |
20 |
12/30/2024
|
CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie 翻译 |
19 |
12/30/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [14] 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 no defendant appears and objects by 1/3/2025." 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 1/3/2025. 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 1/7/2025 at 9:15 a.m. is converted to a tentative preliminary injunction hearing.Mailed notice 翻译 |
18 |
12/30/2024
|
CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie 翻译 |
17 |
12/30/2024
|
SUMMONS Returned Executed by Wenjie Xie as to The Entities and Individuals Identified in Annex A on 12/30/2024, answer due 1/20/2025. 翻译 |
16 |
12/30/2024
|
SUMMONS Issued as to Defendant The Entities and Individuals Identified in Annex A 翻译 |
15 |
12/30/2024
|
MOTION by Plaintiff Wenjie Xie for preliminary injunction 翻译 |
14 |
12/16/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order [12] is granted. For the reasons stated in Plaintiff's Memorandum [12-1], the Court finds good cause to extend the temporary restraining order an additional 14 days to 1/7/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 12/31/2024. Telephone status hearing set for 12/24/2024 is stricken and reset to 1/7/2025 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 |
12/16/2024
|
MOTION by Plaintiff Wenjie Xie to extend the Sealed Temporary Restraining Order 翻译 |
12 |
12/11/2024
|
money order BOND in the amount of $ 1000.00 posted Rcpt. No: 100014161 by Wenjie Xie 翻译 |
11 |
12/10/2024
|
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 12/10/2024. Mailed notice 翻译 |
10 |
12/10/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal [8], ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [6], and motion for alternative service [7] are granted. Plaintiff's submissions establish that, were defendant to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendant 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 entered along with this minute order shall 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 defendant 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 defendant, stopping defendant's 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 infringing products, and there is no countervailing harm to defendant 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 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 12/10/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 12/17/2024. Telephone status hearing is set for 12/24/2024 at 9:15 a.m. Mailed notice 翻译 |
9 |
12/06/2024
|
MOTION by Plaintiff Wenjie Xie to seal documents 翻译 |
8 |
12/06/2024
|
MOTION by Plaintiff Wenjie Xie for Alternative Service 翻译 |
7 |
12/06/2024
|
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 |
6 |
12/06/2024
|
SEALED DOCUMENT by Plaintiff Wenjie Xie Amended Complaint 翻译 |
5 |
11/27/2024
|
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 |
4 |
11/27/2024
|
ATTORNEY Appearance for Plaintiff Wenjie Xie by Ge Lei 翻译 |
3 |
11/27/2024
|
CIVIL Cover Sheet 翻译 |
2 |
11/27/2024
|
SEALED EXHIBIT by Plaintiff Wenjie Xie Annex A regarding complaint[1] 翻译 |
1 |
11/27/2024
|
COMPLAINT filed by Wenjie Xie; Jury Demand. Filing fee $ 405, receipt number AILNDC-22778751. 翻译 |