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2022-cv-04607

Blue Sphere, Inc. 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：2022-08-30
原告：Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy
代理律所：HSP
诉讼类型：商标
# Date Description
[+] 1 2022-08-30 COMPLAINT filed by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy; Jury Demand. Filing fee $ 402, receipt number AILNDC-19789247.
2 2022-08-30 CIVIL Cover Sheet
3 2022-08-30 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy by Michael A. Hierl
4 2022-08-30 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy by William Benjamin Kalbac
5 2022-08-30 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy by Robert Payton Mcmurray
6 2022-08-30 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy to seal document Plaintiff's Motion for Leave to File Under Seal
7 2022-08-30 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Sealed Schedule A
[+] 8 2022-08-30 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy
9 2022-08-30 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10 2022-08-30 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy 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 2022-08-30 MEMORANDUM by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy in support of motion for temporary restraining order, 10
12 2022-08-30 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 1 of Kloetzy Declaration
13 2022-08-30 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 2 of Kloetzy Declaration
14 2022-08-30 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 3 of Kloetzy Declaration
15 2022-08-30 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 4 of Kloetzy Declaration
16 2022-08-30 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 5 of Kloetzy Declaration
17 2022-08-30 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 6 of Kloetzy Declaration
18 2022-08-30 Notice of Claims Involving Trademarks by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy
19 2022-08-31 MAILED Trademark report to Patent Trademark Office, Alexandria VA
20 2022-08-31 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
21 2022-09-01 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.
22 2022-09-01 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 9/1/2022:
23 2022-09-07 SURETY BOND in the amount of $10,000.00 posted by Blue Sphere, Inc., Robert A Kloetzy. (Document Not Scanned)
24 2022-09-09 MOTION by Plaintiff Blue Sphere, Inc. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order
[+] 25 2022-09-12 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 24 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO 22 entered on 9/1/2022 is extended until 9/29/2022.
26 2022-09-26 MOTION by Plaintiffs Blue Sphere, Inc., Robert A Kloetzy for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
27 2022-09-26 MEMORANDUM by Blue Sphere, Inc., Robert A Kloetzy in support of motion for preliminary injunction 26
[+] 28 2022-09-26 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 26
29 2022-09-27 SUMMONS Returned Executed by Blue Sphere, Inc., Robert A Kloetzy as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 9/26/2022, answer due 10/17/2022.
30 2022-09-29 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 26 under advisement and will consider the motion unopposed if no defendant appears and objects by 10/11/2022. Plaintiff shall serve defendants with this notice.
31 2022-11-17 MOTION by Plaintiffs Blue Sphere, Inc., Robert A Kloetzy for leave to file Motion for Leave to File an Amended Schedule A
32 2022-11-18 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for leave to amend Schedule A to the complaint instanter. 31. The court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form on the docket by 11/30/2022. Defendants GUXINSHU, Meis foot patch, yangzidongbeiqu, ChengDong Store, mimagogo2016, YINGZHONG SHOP, Trendy Outfit Store, Trendy Outfit Store, Gold Valley Industrial Limited, Guangzhou Lancai Industrial Co., Ltd. are dismissed with prejudice, and each party shall bear its own attorney's fees and costs.
[+] 33 2022-11-30 NOTICE by Blue Sphere, Inc., Robert A Kloetzy Notice of Filing
34 2022-12-01 MINUTE entry before the Honorable Martha M. Pacold: With respect to Plaintiff's motion for a preliminary injunction, 26, if Plaintiff continues to seek this relief, Plaintiff is instructed to submit, by 12/8/2022, a new proposed preliminary injunction order in light of the amended schedule A.
35 2022-12-09 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 26 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 the amended 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.
36 2022-12-09 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 12/9/2022:
[+] 37 2022-12-09 ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on December 9, 2022. Mailed notice
38 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.
39 2023-01-26 MOTION by Plaintiff Blue Sphere, Inc. for leave to file Plaintiff's Motion for Leave to File an Amended Schedule A
40 2023-01-27 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 39 is granted. Defendants No. 78 binxinshangshen, No. 97 fusong21, and No. 205 more dear Official Store 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 2/3/2023.
[+] 41 2023-02-03 NOTICE by Blue Sphere, Inc. Notice of Filing
42 2023-02-13 DECLARATION of Robert P. McMurray Declaration of Service
43 2023-02-13 MOTION by Plaintiff Blue Sphere, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
[+] 44 2023-02-13 MEMORANDUM by Blue Sphere, Inc. in support of motion for default judgment 43
[+] 45 2023-02-13 DECLARATION of Michael A. Hierl regarding motion for default judgment 43
46 2023-02-16 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default judgment 43 must enter an appearance and file a written objection by 3/2/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
47 2023-02-17 CERTIFICATE of Service by Plaintiff Blue Sphere, Inc.
48 2023-04-13 ORDER: In the court's 2/16/23 minute entry 46, it gave all defendants until 3/2/23 to object to plaintiff's motion for entry of default and default judgment 43. The court grants plaintiff's motion 43 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, including any interest, minus the registry fee, is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $10,000 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. Signed by the Honorable Martha M. Pacold on 4/13/2023. Mailed notice.
[+] 49 2023-04-13 DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 4/13/2023. Mailed notice.
[+] 50 2023-04-14 MAILED trademark report with certified copy of 49 to Patent Trademark Office, Alexandria VA
51 2023-05-09 RETURN of U.S. Post Office Receipt, article no. 7001 2510 0005 7681 6603.