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2022-cv-04694

Cooper v. The Partnerships and Unincorporated Associations Identified On Schedule A

法院：伊利诺伊州北法院
发案日期：2022-09-01
原告：Alice Cooper
代理律所：Keith
诉讼类型：商标
# Date Description
[+] 1 2022-09-01 COMPLAINT filed by Alice Cooper; Filing fee $ 402, receipt number AILNDC-19801057.
2 2022-09-01 SEALED DOCUMENT by Plaintiff Alice Cooper Schedule A to Complaint [1]
3 2022-09-01 CIVIL Cover Sheet
4 2022-09-01 ATTORNEY Appearance for Plaintiff Alice Cooper by Keith A. Vogt
5 2022-09-01 ATTORNEY Appearance for Plaintiff Alice Cooper by Yi Bu
6 2022-09-01 ATTORNEY Appearance for Plaintiff Alice Cooper by Adam Grodman
[+] 7 2022-09-01 ATTORNEY Appearance for Plaintiff Alice Cooper by Yanling Jiang
8 2022-09-01 MOTION by Plaintiff Alice Cooper for leave to file [Certain] Documents Under Seal
9 2022-09-01 MOTION by Plaintiff Alice Cooper for leave to file excess pages
[+] 11 2022-09-01 MEMORANDUM In Support of [10] Ex Parte Motion
[+] 12 2022-09-01 SEALED EXHIBIT by Plaintiff Alice Cooper Sealed Exhibit 2, Declaration of Thomas Schlegel regarding memorandum in support of motion, [11]
13 2022-09-02 MAILED trademark report to Patent Trademark Office, Alexandria VA. (Main Document 13 replaced on 9/2/2022).
[+] 14 2022-09-02 MAILED Trademark report to Patent Trademark Office, Alexandria VA
15 2022-10-31 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 8, motion for leave to file excess pages 9, and ex parte motion for a temporary restraining order and for other relief 10 are granted in part. Plaintiff's submissions (including the Declaration of Thomas Schlegel (Dkt. [11-3]) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants 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 for now file under seal the documents identified in the motion to seal and appearing at docket entries 2, 10, and 12. 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 (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 counterfeit goods, and there is no countervailing harm to defendants 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 Defendants. As this Court and others have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that 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 appears and objects, the court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice
16 2022-10-31 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 10/31/2022.
17 2022-11-07 SURETY BOND in the amount of $10,000.00 posted by Alice Cooper. (Document not scanned).
18 2022-11-09 MOTION by Plaintiff Alice Cooper for preliminary injunction
[+] 19 2022-11-09 MEMORANDUM by Alice Cooper in support of motion for preliminary injunction 18
[+] 20 2022-11-09 SUMMONS Returned Executed by Alice Cooper as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/9/2022, answer due 11/30/2022.
21 2022-11-22 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 18 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants 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 on or before 11/29/2022." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's order entering the temporary restraining order ("TRO"), the TRO is extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice Modified on 11/22/2022.
22 2022-11-22 CERTIFICATE of Service by Plaintiff Alice Cooper regarding terminate deadlines and hearings, set motion and R&R deadlines/hearings, 21
23 2022-11-30 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [18] is granted. Plaintiff's filings establish that Plaintiff has acted expeditiously to protect its interests and that there remains a significant risk Defendants 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 [20] [22] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but, despite the Court having provided [21] the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice
24 2022-11-30 PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 11/30/2022. Mailed notice
25 2022-12-01 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 87 liangzhong668
[+] 26 2022-12-01 MOTION by Plaintiff Alice Cooper for default judgment as to The Defendants Identified In The First Amended Schedule A
[+] 27 2022-12-01 MEMORANDUM by Alice Cooper in support of motion for default judgment[26]
28 2022-12-03 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [26] for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 12/12/2022. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within two business days of its entry on the docket and must file proof of service within three business of service being effected. Mailed notice
29 2022-12-05 CERTIFICATE of Service by Plaintiff Alice Cooper regarding text entry, 28
30 2022-12-13 ORDER signed by the Honorable John F. Kness on 12/13/2022: Plaintiff's motion for entry of default judgment 26 is granted. Enter Final Judgment Order. The ten-thousand-dollar ($10,000) surety bond posted by Alice Cooper is hereby released to Keith A. Vogt of Keith Vogt, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Keith A. Vogt of Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W Chicago, Illinois 60604 via certified mail. Civil case terminated. Mailed notice
31 2022-12-13 FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 12/13/2022. Mailed notice