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2022-cv-01467

Chrome Hearts LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A"

法院:伊利诺伊州北法院
发案日期:2021-03-22
原告:Chrome Hearts LLC
代理律所:GBC
诉讼类型:商标
# Date Description
[+] 1 2022-03-21 COMPLAINT filed by Chrome Hearts LLC; Filing fee $ 402, receipt number 0752-19264371.
2 2022-03-21 SEALED EXHIBIT by Plaintiff Chrome Hearts LLC Schedule A regarding complaint[1]
3 2022-03-21 EXHIBIT by Plaintiff Chrome Hearts LLC Exhibit 2 (corrected) regarding complaint[1]
4 2022-03-21 EXHIBIT by Plaintiff Chrome Hearts LLC Exhibit 3 (corrected) regarding complaint[1]
5 2022-03-21 EXHIBIT by Plaintiff Chrome Hearts LLC Exhibit 4 (corrected) regarding complaint[1]
6 2022-03-21 EXHIBIT by Plaintiff Chrome Hearts LLC Exhibit 5 regarding complaint[1]
7 2022-03-21 MOTION by Plaintiff Chrome Hearts LLC for leave to file under seal
8 2022-03-21 CIVIL Cover Sheet
9 2022-03-21 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Chrome Hearts LLC
10 2022-03-21 Notice of Claims Involving Trademarks by Chrome Hearts LLC
11 2022-03-21 ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Justin R. Gaudio
12 2022-03-21 ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Amy Crout Ziegler
13 2022-03-21 ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Isaku Begert
[+] 14 2022-03-21 ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Benjamin C.R. Lockyer
[+] 15 2022-03-22 MAILED trademark report to Patent Trademark Office, Alexandria VA.
[+] 16 2022-03-22 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
17 2022-03-24 MOTION by Plaintiff Chrome Hearts LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
18 2022-03-24 MEMORANDUM by Chrome Hearts LLC in support of motion for temporary restraining order 17
[+] 19 2022-03-24 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18
[+] 20 2022-03-24 DECLARATION of Mario Lejtman regarding memorandum in support of motion 18
21 2022-03-24 SEALED EXHIBIT by Plaintiff Chrome Hearts LLC Exhibit 5 regarding declaration 20
22 2022-03-24 SEALED EXHIBIT by Plaintiff Chrome Hearts LLC Exhibit 6 regarding declaration 20
23 2022-03-24 MOTION by Plaintiff Chrome Hearts LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
24 2022-03-24 MEMORANDUM by Chrome Hearts LLC in support of motion for miscellaneous relief 23
[+] 25 2022-03-24 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 24
26 2022-04-07 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for leave to file under seal 7, ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 17, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 23 are set for a telephonic hearing on 4/12/2022 at 09:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
27 2022-04-12 MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 4/12/2022. For the reasons stated on the record, Plaintiff's motion for leave to file under seal [7], ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [17], and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [23] are granted. Enter Sealed Temporary Restraining Order. The Clerk shall maintain Schedule A to the complaint [2], Exhibits 4 and 6 to the Declaration of Justin Gaudio [21] [22], and the temporary restraining order under seal until further order of the Court. The Temporary Restraining Order is entered effective 9:45 a.m. on 4/12/2022 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 4/26/2022 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
[+] 28 2022-04-12 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Andrea R. Wood on 4/12/2022.
29 2022-04-19 SURETY BOND in the amount of $10,000.00 posted by plaintiff Chrome Hearts LLC (Document not scanned)
30 2022-04-21 MOTION by Plaintiff Chrome Hearts LLC for extension of time of Temporary Restraining Order
[+] 31 2022-04-21 MEMORANDUM by Chrome Hearts LLC in support of extension of time[30]
32 2022-04-22 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's ex parte motion to extend the temporary restraining order 30 is granted.The Court finds good cause to extend the temporary restraining order entered 4/12/2022 28 for an additional 14 days until 5/10/2022. Telephonic status hearing set for 4/26/2022 is stricken and reset for 5/10/2022 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
[+] 33 2022-05-05 MOTION by Plaintiff Chrome Hearts LLC for preliminary injunction, MOTION by Plaintiff Chrome Hearts LLC for extension of time of Temporary Restraining Order
[+] 34 2022-05-05 MEMORANDUM by Chrome Hearts LLC in support of motion for preliminary injunction, extension of time 33
[+] 35 2022-05-05 SUMMONS Returned Executed by Chrome Hearts LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 5/5/2022, answer due 5/26/2022.
36 2022-05-09 ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Marcella Deshonda Slay
37 2022-05-10 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 5/10/2022. Only Plaintiff appears. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction and to extend the temporary restraining order [33] is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal Schedule A to the complaint [2], Exhibits 4 and 6 to the Declaration of Justin Gaudio [21][ 22], and the temporary restraining order [28]. Greer, Burns & Crain Ltd. is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website www.ilnd.courts.com/instructions. Telephonic status hearing set for 6/23/2022 at 9:45 AM. Any motion for default judgment filed by 6/16/2022 may be noticed for 6/23/2022 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
[+] 38 2022-05-10 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Andrea R. Wood on 5/10/2022. Mailed notice
39 2022-05-19 ATTORNEY Appearance for Defendant LOVE MOON by Christopher Paul Keleher
40 2022-06-03 NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendants
41 2022-06-10 NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendant
[+] 42 2022-06-20 MOTION by Plaintiff Chrome Hearts LLC for entry of default, MOTION by Plaintiff Chrome Hearts LLC for default judgment as to all Defendants
[+] 43 2022-06-20 MEMORANDUM by Chrome Hearts LLC in support of motion for entry of default, motion for default judgment[42]
[+] 44 2022-06-20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[43]
45 2022-06-21 ATTORNEY Appearance for Defendant shineshowme.com by Adam Edward Urbanczyk
46 2022-06-21 MOTION by Defendant shineshowme.com for extension of time UNOPPOSED
47 2022-06-23 ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Allyson M. Martin
48 2022-06-23 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 6/23/2022. Only Plaintiff appears. Defendant's unopposed motion for extension of time 46 is granted. Defendant shineshowme.com shall have until 7/12/2022 to respond to Plaintiff's complaint. Plaintiff's motion for entry of default and default judgment 42 is taken under advisement subject to review of an updated default judgment order. Telephonic status hearing set for 7/14/2022 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
49 2022-07-13 NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendant
50 2022-07-14 NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to Certain Defendants
51 2022-07-14 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of default and default judgment [42] is granted. Specifically, after a hearing on 6/23/2022 and having considered Plaintiff's motion and supporting materials, the Court grants Plaintiff's request for entry of default judgment as to Defaulting Defendants as follows. The Court finds that Defaulting Defendants each have failed to plead or otherwise defend this action, and thus entry of default pursuant to Fed. R. Civ. P. 55(a) is appropriate. "The basic effect of an entry of default. is that upon default, the well-pleaded allegations of a complaint relating to liability are taken as true." VLM Food Trading Int'l, Inc. v. Ill. Trading Co., 811 F.3d 247, 255 (7th Cir. 2016) (internal quotation marks omitted). The Court further finds that Defaulting Defendants' infringing conduct was willful. With respect to monetary relief, Plaintiff requests an award of $500,000 in statutory damages under 15 U.S.C. § 1117(c)(2) against each Defaulting Defendant. A plaintiff in a case involving the use of a counterfeit mark may elect to seek statutory damages in the amount of: (1) not less than $1,000 or more than $200,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or (2) if the court finds that the use of the counterfeit mark was willful, not more than $2,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just. 17 U.S.C. § 1117(c). In determining the amount of statutory damages to award in this case, the Court has considered the difficulty or impossibility of proving actual damages, the circumstances of the infringement, the efficacy of the damages as a deterrent to future infringement, the value of the Plaintiff's brand and its efforts to protect the brand, and the extent or profitability of the Defaulting Defendants' wrongful activities. In addition, the Court has considered the amounts of statutory damages requested and awarded in similar cases, including other cases brought by this Plaintiff. Based on these factors, the Court awards Plaintiff $250,000 per Defaulting Defendant. Enter Default Judgment Order. Plaintiff having filed a notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [49], this case is dismissed as to Defendant shineshowme.com without prejudice and with the parties granted leave to reinstate on or before 4/10/2023. If a motion to reinstate is not filed by 4/10/2023, the claims against Defendant shineshowme.com shall be dismissed with prejudice without further order of the Court. As all claims as to all Defendants have now been resolved, this case will be closed. Telephonic status hearing set for 7/14/2022 is stricken; parties need not appear. Civil case terminated. Mailed notice
52 2022-07-14 FINAL JUDGMENT ORDER Signed by the Honorable Andrea R. Wood on 7/14/2022. Mailed notice
53 2022-07-18 MAILED Trademark report, along with copies of order and judgment dated 7/14/2022 to Patent Trademark Office, Alexandria VA
55 2022-08-12 NOTICE of Removal of Material from the Custody of the Clerk's Office.
54 2022-09-02 FULL SATISFACTION of Judgment regarding entered judgment[52] in the amount of $250,000 as to certain defendants
56 2023-10-05 FULL SATISFACTION of Judgment regarding entered judgment[52] in the amount of $250,000 as to certain defendant