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2022-cv-01857

The Mountain Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

法院:伊利诺伊州北法院
发案日期:2022-04-11
原告:The Mountain
代理律所:HSP
诉讼类型:商标
# Date Description
[+] 1 2022-04-11 COMPLAINT filed by The Mountain Corporation; Jury Demand. Filing fee $ 402, receipt number 0752-19329715.
2 2022-04-11 CIVIL Cover Sheet
3 2022-04-11 ATTORNEY Appearance for Plaintiff The Mountain Corporation by Michael A. Hierl
4 2022-04-11 ATTORNEY Appearance for Plaintiff The Mountain Corporation by William Benjamin Kalbac
5 2022-04-11 ATTORNEY Appearance for Plaintiff The Mountain Corporation by Robert Payton Mcmurray
6 2022-04-11 MOTION by Plaintiff The Mountain Corporation to seal document Plaintiff's Motion for Leave to File Under Seal
7 2022-04-11 SEALED DOCUMENT by Plaintiff The Mountain Corporation Sealed Schedule A
[+] 8 2022-04-11 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Mountain Corporation
9 2022-04-11 MOTION by Plaintiff The Mountain Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10 2022-04-11 MOTION by Plaintiff The Mountain Corporation for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
[+] 11 2022-04-11 MEMORANDUM by The Mountain Corporation in support of motion for temporary restraining order, 10
12 2022-04-11 SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit 2 Part 1 of Doyon Declaration
13 2022-04-11 SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit 2 Part 2 of Doyon Declaration
14 2022-04-11 SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit 2 Part 3 of Doyon Declaration
15 2022-04-11 SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit 2 Part 4 of Doyon Declaration
16 2022-04-11 SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit 2 Part 5 of Doyon Declaration
17 2022-04-11 SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit 2 Part 6 of Doyon Declaration
18 2022-04-11 SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit 2 Part 7 of Doyon Declaration
19 2022-04-11 Notice of Claims Involving Trademarks by The Mountain Corporation
20 2022-04-12 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Franklin U. Valderrama for all further proceedings. Honorable Mary M. Rowland no longer assigned to the case. Signed by Executive Committee on 4/12/2022.
21 2022-04-14 MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Plaintiff's Motion for Leave to File under Seal 6 and Plaintiff's Motion to Exceed Page Limitation 9. The Court has reviewed the pending TRO motion and complaint, and directs Plaintiff to file a brief addressing the issue of joinder of all of the defendants on or before 04/21/2022. Mailed notice
22 2022-04-21 MEMORANDUM by The Mountain Corporation Plaintiff's Memorandum in Support of Joinder
23 2022-04-21 SEALED DOCUMENT by Plaintiff The Mountain Corporation Sealed Exhibit AA
24 2022-06-01 STATUS Report by The Mountain Corporation
25 2022-06-03 MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's Memorandum in Support of Joinder 22. Plaintiff advises that joinder is proper for eleven defendants and attaches Exhibit AA, which pertains to those eleven defendants. By no later than 06/09/2022, Plaintiff must file a separate Amended Schedule A which only lists those eleven defendants. Also by 06/09/2022, Plaintiff shall file a revised motion for TRO, which pertains to the Amended Schedule A (the eleven defendants). Plaintiff's Motion for TRO 10 is denied without prejudice. Mailed notice
26 2022-06-09 MOTION by Plaintiff The Mountain Corporation for temporary restraining order Plaintiff's Renewed Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
27 2022-06-09 MEMORANDUM by The Mountain Corporation in support of motion for temporary restraining order, 26
28 2022-06-09 SEALED DOCUMENT by Plaintiff The Mountain Corporation Amended Schedule A
29 2022-07-13 ORDER: Plaintiff The Mountain Company (Plaintiff) alleges claims of trademark infringement, trademark counterfeiting, false designation of origin, and violation of the Illinois Uniform Deceptive Trade Practices Act against The Partnerships and Unincorporated Associations Identified on the Amended Schedule "A" (collectively, the Defendants). See R. 28. Plaintiff's pending renewed ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and request for electronic service of process 26 is hereby granted. Provided that Plaintiff provides the security described in Paragraph 12 of the temporary restraining order, the temporary restraining order shall become effective on July 18, 2022 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. Signed by the Honorable Franklin U. Valderrama on 7/13/2022. Mailed notice
30 2022-07-13 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Franklin U. Valderrama on 7/13/2022. Mailed notice
31 2022-07-14 SURETY BOND in the amount of $10,000.00 posted by The Mountain Corporation (Document not scanned).
32 2022-07-27 MOTION by Plaintiff The Mountain Corporation for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order
33 2022-07-29 MINUTE entry before the Honorable Franklin U. Valderrama: The Court hereby grants Plaintiffs' Ex Parte Motion to Extend the Temporary Restraining Order 32. The Temporary Restraining Order 30 shall now expire on August 15, 2022 at 6:00 p.m. Mailed notice
[+] 34 2022-07-29 ORDER To Extend The Sealed Temporary Restraining Order Signed by the Honorable Franklin U. Valderrama on 7/29/2022. Mailed notice
35 2022-08-10 MOTION by Plaintiff The Mountain Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
36 2022-08-10 MEMORANDUM by The Mountain Corporation in support of motion for preliminary injunction 35
[+] 37 2022-08-10 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 35
[+] 38 2022-08-10 SUMMONS Returned Executed by The Mountain Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 8/10/2022, answer due 8/31/2022.
39 2022-08-15 SUMMONS Returned Executed by The Mountain Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 8/12/2022, answer due 9/2/2022.
[+] 40 2022-09-01 MINUTE entry before the Honorable Franklin U. Valderrama: On the grounds set forth in the motion, Plaintiff's motion for an entry of a preliminary injunction 35 is granted. Enter Preliminary Injunction Order. The following documents are to be unsealed: Plaintiff's Schedule A to the Complaint 7 ; Exhibit 2 to the Doyon Declaration [12-18]; Exhibit AA 23 ; Plaintiff's Amended Schedule A to the Complaint 28 ; and the TRO 30. Hughes Socol Piers Resnick & Dym Ltd. is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found in the attachment to this entry. Mailed notice.
[+] 41 2022-09-01 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Franklin U. Valderrama on 9/1/2022. Mailed notice
42 2022-11-08 DECLARATION of William B. Kalbac Declaration of Service
43 2022-11-08 MOTION by Plaintiff The Mountain Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
[+] 44 2022-11-08 MEMORANDUM by The Mountain Corporation in support of motion for default judgment 43
[+] 45 2022-11-08 DECLARATION of Michael A. Hierl regarding motion for default judgment 43
46 2022-12-29 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 Executive Committee on 12/29/2022: Mailed notice.
47 2023-01-04 MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Plaintiff's Motion for Entry of Default and Default Judgment 43. Pursuant to 15 U.S.C. § 1117(c)(2), THE MOUNTAIN CORPORATION is awarded statutory damages from each of the Defaulting Defendants in the amount of fifty thousand dollars ($50,000.00) for willful use of counterfeit THE MOUNTAIN Trademarks in connection with the sale of products through at least Defaulting Defendants' Online Marketplaces. This damages award is a reasonable balance between providing some measure of compensation and deterrence, without crossing the line into over-deterrence. The fifty thousand dollar ($50,000.00) award shall apply to each distinct Defaulting Defendant only once, even if they are listed under multiple different aliases in Schedule A. Enter Final Judgment Order. The ten thousand dollar ($10,000.00) surety bond posted by Plaintiff, including any interest minus the registry fee, is hereby released to Michael A. Hierl of Hughes Socol Piers Resnick & Dym. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602. via certified mail. All other defendants are terminated as parties. Civil case terminated. Emailed notice
[+] 48 2023-01-04 FINAL JUDGMENT ORDER: Signed by the Honorable Franklin U. Valderrama on 1/4/2023. Emailed notice
49 2023-01-24 RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0962 7630.