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[+]
1
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2022-05-20 |
COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 402, receipt number AILNDC-19486072. |
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(Exhibit 1) |
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2
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2022-05-20 |
CIVIL Cover Sheet |
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3
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2022-05-20 |
ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Michael A. Hierl |
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4
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2022-05-20 |
ATTORNEY Appearance for Plaintiff Emoji Company GmbH by William Benjamin Kalbac |
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5
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2022-05-20 |
ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Robert Payton Mcmurray |
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6
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2022-05-20 |
MOTION by Plaintiff Emoji Company GmbH to seal document Plaintiff's Motion for Leave to File Under Seal |
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7
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2022-05-20 |
EXHIBIT by Plaintiff Emoji Company GmbH Sealed Schedule A Modified on 6/21/2022. |
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[+]
8
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2022-05-20 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Emoji Company GmbH |
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CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. |
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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. |
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9
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2022-05-20 |
MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
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10
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2022-05-20 |
MOTION by Plaintiff Emoji Company GmbH 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 |
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[+]
11
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2022-05-20 |
MEMORANDUM by Emoji Company GmbH in support of motion for temporary restraining order, 10 |
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Declaration Santiago Declaration |
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Exhibit 1 |
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Declaration Reiter Declaration |
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Declaration Hierl Declaration |
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Exhibit Hierl Exhibit 1 |
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Exhibit Hierl Exhibit 2 |
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(Exhibit Hierl Exhibit 3) |
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12
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2022-05-20 |
EXHIBIT by Plaintiff Emoji Company GmbH Exhibit 2 Part 1 of Reiter Declaration Modified on 6/21/2022. |
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13
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2022-05-20 |
EXHIBIT by Plaintiff Emoji Company GmbH Exhibit 2 Part 2 of Reiter Declaration Modified on 6/21/2022. |
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14
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2022-05-20 |
EXHIBIT by Plaintiff Emoji Company GmbH Exhibit 2 Part 3 of Reiter Declaration Modified on 6/21/2022. |
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15
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2022-05-20 |
EXHIBIT by Plaintiff Emoji Company GmbH Exhibit 2 Part 4 of Reiter Declaration Modified on 6/21/2022. |
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16
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2022-05-20 |
EXHIBIT by Plaintiff Emoji Company GmbH Exhibit 2 Part 5 of Reiter Declaration Modified on 6/21/2022. |
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17
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2022-05-20 |
EXHIBIT by Plaintiff Emoji Company GmbH Exhibit 2 Part 6 of Reiter Declaration Modified on 6/21/2022. |
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18
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2022-05-20 |
Notice of Claims Involving Trademarks by Emoji Company GmbH |
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19
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2022-05-24 |
MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file excess pages 9 and for leave to file under seal 6 are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, electronic service of process, and expedited discovery 10 is granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant timely appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. |
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20
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2022-05-24 |
TEMPORARY RESTRAINING ORDER: Signed by the Honorable Martha M. Pacold on 5/24/2022: Modified on 6/21/2022. |
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21
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2022-06-02 |
MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order |
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22
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2022-06-02 |
ORDER: Plaintiff delivered the $10,000 surety bond to the Clerk's Office on June 2, 2022. Plaintiff is hereby granted leave to file the bond. The Clerk of Court is directed to file the $10,000 surety bond. Signed by the Honorable Martha M. Pacold on 6/2/2022: Mailed notice. |
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23
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2022-06-03 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order 21 is granted. The court finds good cause exists to extend the TRO under Rule 65(b)(2) as additional time is necessary for third parties to comply with the TRO and, without an extension, there is a high probability that defendants will harm plaintiff by, for example, moving their financial assets. The TRO is extended until 6/21/2022. |
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24
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2022-06-03 |
SURETY BOND in the amount of $ 10,000.00 posted by Emoji Company GmbH. (Document not scanned) |
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25
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2022-06-16 |
MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
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26
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2022-06-16 |
MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction 25 |
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[+]
27
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2022-06-16 |
DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 25 |
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SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
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28
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2022-06-17 |
SUMMONS Returned Executed by Emoji Company GmbH as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 6/17/2022, answer due 7/8/2022. |
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29
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2022-06-17 |
MINUTE entry before the Honorable Martha M. Pacold: For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction 25 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. |
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30
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2022-06-17 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 6/17/2022: |
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31
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2022-06-17 |
ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 6/17/2022: Mailed notice. |
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32
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2022-06-21 |
Entered in Error. Modified on 6/21/2022. |
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[+]
33
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2022-06-21 |
NOTICE of Correction regarding Patent/Trademark report 32. |
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NEW PARTIES: EZMAX, goodsportgoodlife, Happiness house, lifeng store, Star products, tingtingstar, Guangzhouhuipingongyipinyouxiangongsi, ShiWangLongJianZhuWE, caoshuang, caowen, catty, cdeerf, Classicatcher, clothingy, cupidnap, daiguotuan1005, daisal, Dancell XOA, dawefaefa, Derek-Blue-young, Dobby, elivebuy limited, Eofly, Eric8099, exotic novelty, Fannusi Trade International, Fashionablepeople, FashionCommodity, fashionmall, fashionstar88, Fengchun113, Fioday, firstwise, fivejorya, fixturenote, Flagship Store, Gainer-offer, GF Jewelry, globelstation, Haavone007, hamaliel li, handlestore technologyco lcd, Hao You, HarrysBedroom, Heart of hope, henan1, hodgepodge tee, Hua fan electric drill, Ice Cream Sandwich, Ideal Accessory Technology Co.Ltd., Jerrialfashion, Jewelry Kingdom, Jia Shan Market Internatonal, jiajiayi, Jiandan2, jiangsu, JuneTang, Junmusuper, kae and kalashop added to case caption. |
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NEW PARTIES: kathey, Kittydream, kohotfashion, Kolawole, latherometers, LEbang, lianming1956, Light Guide, Lily Flower, linameimei, lizhen112233445566, Lizhi International Trade Company, lorose, lovely2009, Loverunning, Loveur, Lucia's store, lucky2007, Luckyfly*33, luowenlong, Magic Y, Magicmall01, magicshop2014, makedeal, Menq, mioim_fashion, MJJ Sunshine, Mobile Phone Accessaries Store, Moka Trade, Moorle, OLA WONDERFULLIFE, On children bend, Ourui Department store, peterABC, pinkbanana, pixiaoxuexuexue, pua1, qionruyu, Queen day, riversidestreet, ross8, seoseedi and SevenMore added to case caption. |
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NEW PARTIES: Shan Queen, shanghaiwannanwangluokejiyouxiangongsi, ShenZhen Lianbotongshi Co.,Ltd, Shenzhen Yongsheng E-Business Co., Ltd, shenzhenshideertakejiyouxiangongsi, shenzhenshihengyujundakejiyouxiangongsi, shijiazhuangpingenshangmaoyouxiangongsi, shijieshi, Shore's Tade, silverstartopone@hotmail.com, Simplee fashion store, simplelife2017, skybooth, skyseasontree1, smallbridge, smartbuy17, SnowballBruce, southerner, starsport, sunyidong, supersale, supperseller, susujewelry, SweetBuy8, sxzyyouth0135, teacher, teliduxing, TFJH Store, The fast and the furious, thiree, ting ting min shop, Tinttana, Truck Man, TryingYang, tzxiuyu, WangShi Group (HK) Co.,Ltd, wangxin007, wanw, wdd1, Wisper, world of wedding, xiangcangyuan, xianhongling, xiaoqigui2017, xiaoshanbaobao, xinxin2008, YM1989, YU CHENG WOWO, yueshugui, yueyue's store, Yulong 33 shop, Yung&ShengMY, yuzhenhua, zhangyewei, Zhiqiang Network, Zouba Fashion Shop, ZouYu0000, 3omething New, AboutWengKaiTing, ahntik, Aihaiz, Alsobalance--7-14 days delivery, baoge8, Basire Store, CHANGZHOU, Cherislpy, congcong1234, CuteJewelry, CXF763381, Danbutin, DLKZSS, Dmdzw (Fast Delivery 7-14 days), DONGPACHUSHANGMAO, Doyal Doyal, duibaiban and Easy Come added to case caption. |
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NEW PARTIES: Facweek, FengluKuan, FOQUIEY, Forest International, FortuneHouse8, FSDGRD, Gdmoon, GZXIN, HAOHOU, HDSY-CUSTOMIZED, Heng Long, HeyLab, HIMAI AY A TECHNOLOGY LIMITEDs, huameijujiashenghueguan, huiWANG, InSunday, J_MCT, Jacenvly, jindian889, Jinyun. US, Jitaishangmao, kafasenbaihuopu, KELIHUA, kuanc, La Feng Long, LBFUN, Lesfit Official Store, LianBaoBaiHuo, Life department store, Little hi life, LR-C, lscmvplsc, Majestic-shop, Mascin, Maymelo, Meet beautiful blue sky, MHFDJH-09, Miss-Wang., Mountainandoceanfengwu, Muazida, MuPage, MYTSM-US, Ngocamtu, nickole shop, NingseyUS, NIxueLILI, Oriental lucky store, OutDoorSports-Shop, pengyoufu, PinZeUS, Pomlia, Qin's shop, qiroushangmao SHOP, Rfsm, ScienYv, ShandongMingboZhiNengKeJi Co., Ltd., shengshuangshangmao, shengzhou metal products, ShenJinGui, shixurui, SHOOFFICE, Shuminxiaodian, SHUORUI-US, SICOHOME, Smilelife-US Direct, Stacyprint, sunflowerzizi, Tackrus-S, taiyuanleyuan, TechsourceHome and TONYZHI DEPARTMENT STORE added to case caption. |
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34
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2022-07-11 |
MOTION by Plaintiff Emoji Company GmbH for leave to file Motion for Leave to File an Amended Schedule A |
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35
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2022-07-12 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 34 is granted. Defendants EZMAX, simplelife2017, skybooth, smartbuy17, supersale, supperseller, 3omething New, Aihaiz, Cherislpy, CuteJewelry, Danbutin, Facweek, FOQUIEY, Forest International, FortuneHouse8, Gdmoon, MYTSM-US, Pomlia, Rfsm, ScienYv, SICOHOME, and sunflowerzizi are dismissed with prejudice and each party shall bear its own attorneys' fees and costs. Plaintiffs are directed to file an amended Schedule A on the docket by 7/14/2022. |
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[+]
36
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2022-07-13 |
NOTICE by Emoji Company GmbH Notice of Filing |
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(Amended Schedule A) |
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37
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2022-08-04 |
MOTION by Plaintiff Emoji Company GmbH for leave to file Motion for Leave to File an Amended Schedule A |
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38
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2022-08-05 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend the schedule A 37 is granted. Defendants no. 61, 145, 165, 174, 219, 223, 225, 229, 235 are dismissed from this suit. Mailed notice. |
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39
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2022-09-01 |
MOTION by Plaintiff Emoji Company GmbH for leave to file Plaintiff's Motion for Leave to File an Amended Schedule A |
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40
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2022-09-07 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 39 is granted. Defendants Mobile Phone Accessaries Store, pua1, starsport, Yulong 33 shop, and SHOOFFICE are dismissed with prejudice and each party shall bear its own attorney's fees and costs. Plaintiff is directed to file an amended Schedule A on the docket by 9/7/2022. |
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[+]
41
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2022-09-07 |
NOTICE by Emoji Company GmbH Notice of Filing |
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(Amended Schedule A) |
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42
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2022-11-17 |
MOTION by Plaintiff Emoji Company GmbH for leave to file Motion for Leave to File an Amended Schedule A |
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43
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2022-11-18 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an Amended Schedule A 42 is granted. Defendants catty, Jerrialfashion and JuneTang are dismissed with prejudice and each party shall bear its own attorney's fees and costs. Plaintiff is directed to file an Amended Schedule A on the docket by 11/30/2022. |
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[+]
44
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2022-11-30 |
NOTICE by Emoji Company GmbH Notice of Filing |
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(Amended Schedule A) |
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45
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2022-12-07 |
DECLARATION of William B. Kalbac Declaration of Service |
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46
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2022-12-07 |
MOTION by Plaintiff Emoji Company GmbH for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A |
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[+]
47
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2022-12-07 |
MEMORANDUM by Emoji Company GmbH in support of motion for default judgment 46 |
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Exhibit 1 |
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(Exhibit 2) |
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[+]
48
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2022-12-07 |
DECLARATION of Michael A. Hierl regarding motion for default judgment 46 |
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(Exhibit Hierl Exhibit 1) |
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49
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2022-12-13 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of default and default judgment 46 is taken under advisement. Any defendant objecting to plaintiff's motion for entry of default and default judgment 46 must enter an appearance and file a written objection by 12/23/2022. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
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50
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2022-12-13 |
CERTIFICATE of Service by Michael A. Hierl on behalf of Emoji Company GmbH |
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51
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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. |
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52
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2022-12-29 |
ORDER: In the court's 12/13/22 minute entry 49, it gave all defendants until 12/23/22 to object to plaintiff's motion for entry of default and default judgment 41. The court grants plaintiff's motion 46 for entry of default and default judgment against all defendants identified on Schedule A attached to the court's order. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded as set forth in the Final Judgment Order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its mark causes it irreparable harm in the form of consumer confusion, loss of customers ' goodwill, and reputational harm; that monetary damages are inadequate to address these harms ; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $10,000 surety bond previously deposited with the Clerk of the Court to plaintiff's counsel, Michael A. Hierl, Hughes Socol Piers Resnick & Dym, Ltd., Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602, via certified mail. Enter Default Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 12/29/2022: Mailed notice. |
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53
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2022-12-29 |
DEFAULT JUDGMENT ORDER: Signed by the Honorable Martha M. Pacold on 12/29/2022: Mailed notice. |
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54
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2023-01-03 |
MAILED trademark report to Patent Trademark Office, Alexandria VA. |
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55
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2023-01-31 |
ATTORNEY Appearance for Defendant Tackrus-S by Ge Lei |
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[+]
56
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2023-01-31 |
MOTION by Defendant Tackrus-S to dismiss for lack of jurisdiction, MOTION by Defendant Tackrus-S to set aside default |
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Exhibit |
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Declaration |
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57
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2023-02-02 |
MINUTE entry before the Honorable Martha M. Pacold: The court has received defendant Tackrus-S's motion to dismiss vacate default judgment and to dismiss for lack of jurisdiction [56]. Plaintiff's response is due by 2/16/2023. Defendant Tackrus-S's reply is due by 2/23/2023. |
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58
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2023-02-09 |
SATISFACTION of Judgment |
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59
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2023-02-16 |
MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss and Set Aside Default Judgment |
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60
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2023-02-17 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for an extension of time to respond to Tackrus-S's motion to vacate default judgment and to dismiss [59] is granted. Plaintiff's response to defendant Tackrus-S's motion to vacate default judgment and to dismiss [56] is due by 2/23/2023. Defendant's reply is due by 3/2/2023. |
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61
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2023-02-22 |
MOTION by Defendant Tackrus-S to withdraw motion to dismiss/lack of jurisdiction, motion to set aside default[56] |
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62
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2023-02-24 |
MINUTE entry before the Honorable Martha M. Pacold: Defendant Tackrus-S's motion to withdraw motion to dismiss and to vacate default judgment [61] is granted. The court strikes the pending motion to dismiss and vacate [56] and the associated briefing schedule. |
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63
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2023-03-14 |
SATISFACTION of Judgment |
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64
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2023-03-20 |
SATISFACTION of Judgment |
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65
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2023-05-09 |
SATISFACTION of Judgment |
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66
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2023-05-16 |
SATISFACTION of Judgment |
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67
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2023-05-23 |
SATISFACTION of Judgment |
