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[+]
1
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2022-11-14 |
COMPLAINT filed by Ad-N-Art, Inc.; Filing fee $ 402, receipt number AILNDC-20040374. |
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(Exhibit 1, 2, 3, 4, 5 under seal) |
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2
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2022-11-14 |
SEALED DOCUMENT by Plaintiff Ad-N-Art, Inc. Exhibit 1 to Complaint |
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Exhibit 2 |
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Exhibit 3- part 1 of 5 |
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Exhibit 3- part 2 of 5 |
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Exhibit 3- part 3 of 5 |
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Exhibit 3- part 4 of 5 |
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Exhibit 3- part 5 of 5 |
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Exhibit 4 |
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(Exhibit 5) |
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3
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2022-11-14 |
CIVIL Cover Sheet |
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[+]
4
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2022-11-14 |
ATTORNEY Appearance for Plaintiff Ad-N-Art, Inc. by Kevin John Keener |
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CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (jk2,) |
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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. (jk2,) |
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5
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2022-11-14 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ad-N-Art, Inc. |
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6
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2022-11-14 |
MOTION by Plaintiff Ad-N-Art, Inc. to seal document sealed document, 2 Memorandum in Support of Plaintiff's Motion for TRO |
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7
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2022-11-14 |
MOTION by Plaintiff Ad-N-Art, Inc. for leave to file excess pages for Plaintiff's Memorandum in Support for TRO |
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8
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2022-11-14 |
MOTION by Plaintiff Ad-N-Art, Inc. for temporary restraining order asset restraining order, expedited discovery order, and service of process by email |
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[+]
9
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2022-11-14 |
SEALED DOCUMENT by Plaintiff Ad-N-Art, Inc. Memorandum in Support of Plaintiff's Motion for TRO |
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Declaration of Plaintiff |
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Declaration of Kevin Keener |
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Exhibit 1 to Declaration of Kevin Keener |
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Exhibit 2 to Declaration of Kevin Keener |
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Exhibit 3 to Declaration of Kevin Keener |
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(Exhibit 4 to Declaration of Kevin Keener) |
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10
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2022-11-15 |
MAILED patent report to Patent Trademark Office, Alexandria VA. |
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11
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2022-11-30 |
MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal, motion for excess pages, and motion for a temporary restraining order, asset restraint, expedited discovery, and electronic service of process 6 7 8 are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. 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 is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. Because the court has doubts about the propriety of joinder, and because improper joinder may result in a wrongful injunction against every defendant, the court requires security in the amount of $230,000 ($1,000 per defendant). The security must be posted within one week. Counsel is encouraged to consult Judge Durkin's website and its form proposed orders in Counterfeit Product Cases. Enter Sealed Temporary Restraining Order. Notices mailed. |
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12
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2022-11-30 |
SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 11/30/2022. Notices mailed. |
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13
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2022-12-02 |
SURETY BOND in the amount of $ $230,000.00 posted by Ad-N-Art, Inc. (Document not scanned). |
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14
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2022-12-08 |
MOTION by Plaintiff Ad-N-Art, Inc. for extension of time to Temporary Restraining Order |
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15
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2022-12-12 |
MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 14 is granted. The TRO is extended to 12/28/22. Notices mailed. |
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16
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2022-12-19 |
NOTICE of Voluntary Dismissal by Ad-N-Art, Inc. without prejudice of Doe 101 AllTopBargains; Doe 114 lyn-jad; Doe 136 AllTopBargains; Doe 175 Lenses & Sun; Doe 191 OSP; Doe 210 The king ra |
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17
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2022-12-23 |
NOTICE of Voluntary Dismissal by Ad-N-Art, Inc. without prejudice of Does 1-29 with leave to reinstate |
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SUMMONS Issued as to Defendant Does 1-230 |
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18
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2022-12-23 |
SUMMONS Returned Executed by Ad-N-Art, Inc. as to Does 1-230 on 12/23/2022, answer due 1/13/2023. |
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19
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2022-12-23 |
MOTION by Plaintiff Ad-N-Art, Inc. for preliminary injunction |
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20
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2022-12-23 |
MEMORANDUM by Ad-N-Art, Inc. in support of motion for preliminary injunction 19 |
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Declaration of Kevin Keener |
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(Exhibit 1 to Declaration of Kevin Keener) |
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21
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2022-12-23 |
NOTICE of Motion by Kevin John Keener for presentment of motion for preliminary injunction 19 before Honorable Manish S. Shah on 12/28/2022 at 09:45 AM. |
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22
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2022-12-23 |
NOTICE of Voluntary Dismissal by Ad-N-Art, Inc. without prejudice of Doe 340 Cafeteros; Doe 374 Party marck; Doe 379 Scooternice; Doe 386 Tuecast |
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23
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2022-12-26 |
SUMMONS Returned Executed by Ad-N-Art, Inc. as to Does 1-230 on 12/26/2022, answer due 1/16/2023. |
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24
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2022-12-26 |
MOTION by Plaintiff Ad-N-Art, Inc. to vacate dismissal and reinstate Does 1-29 |
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25
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2022-12-26 |
NOTICE of Motion by Kevin John Keener for presentment of motion to vacate 24 before Honorable Manish S. Shah on 12/28/2022 at 09:45 AM. |
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26
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2022-12-26 |
MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion to reinstate 24 and motion for preliminary injunction 19 must be properly filed by 9:30 a.m. (U.S. Central Standard Time), on 12/28/22. If no objections are filed the motions will be considered unopposed. No appearance on the motions is necessary. The motions are taken under advisement. |
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27
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2022-12-28 |
MINUTE entry before the Honorable Manish S. Shah: No objections to the motions to reinstate and for a preliminary injunction have been filed. The motions 19 24 are 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 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. Notices mailed. |
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28
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2022-12-28 |
PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 12/28/2022. Notices mailed. |
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NEW PARTIES: Doe 1 Adeline Zhu, Doe 2 Ci LeLe Store, Doe 3 DiDiBaby Store, Doe 4 EverythingGoesWell Store, Doe 5 Healowa Store, Doe 6 Health 101 Store, Doe 7 House Or Life Store, Doe 8 Infinited Tools-01 Store, Doe 9 JaneDreamhealthy Store, Doe 10 JOCESTYLE Official store, Doe 11 Kaxiong Store, Doe 12 Kitstorm Official Store, Doe 13 LANSOON House Store, Doe 14 Life Decor Store, Doe 15 Loluo Store, Doe 16 Luckys House Store, Doe 17 MUevri Store, Doe 18 NABITION COMMODITY STORE Store, Doe 19 OM ELIFE 1981 Store, Doe 20 Shop910908009, Doe 21 Shop911188099, Doe 22 Shop911188099, Doe 23 SMAHoma Store, Doe 24 small house small Store and Doe 25 Tik Take Store added to case caption. |
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29
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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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NEW PARTIES: Doe 51 Xinli Wine Company, Doe 52 Xmbh, Doe 53 xxsmpx, Doe 54 zhengzhouqiuliaoshangmaoyouxiangongsi, Doe 56 AiLife Store Store, Doe 57 aktwins Store, Doe 58 baimayizhubao Store, Doe 59 bdd_no1 Store, Doe 60 bigworld2022 Store, Doe 61 Bynetwork Store, Doe 62 chankuku Store, Doe 63 cong08 Store, Doe 64 cong09 Store, Doe 65 crazy price Store, Doe 66 Customize Various Styles Cup Store, Doe 67 DHgate recommended Store/hehong1966, Doe 68 Disposable Masks Store, Doe 69 Dressmore Store, Doe 70 elitelife Store, Doe 71 factorystore313 Store, Doe 72 gujiayuan01 Store, Doe 73 gujiayuan02 Store, Doe 74 gujiayuan09 Store and Doe 75 gujiayuan10 Store added to case caption. |
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NEW PARTIES: Doe 76 HELLOYOUNG tea Official Store, Doe 77 home_protection Store, Doe 78 homebestsell Store, Doe 79 Homebetter2022 Store, Doe 80 huijiaxin2 Store, Doe 81 kong08 Store, Doe 82 musou10 Store, Doe 83 qiaomaidou08 Store, Doe 84 qiaomaidou09 Store, Doe 85 sd002 Store, Doe 86 sd003 Store, Doe 87 smyy1 Store, Doe 88 smyy3 Store, Doe 89 smyy9 Store, Doe 90 starhui Store, Doe 91 stylish2019 Store, Doe 92 sunlight2020 Store, Doe 93 tanggo Store, Doe 94 Tumbler supplier Store, Doe 95 Tumbler0830 Store, Doe 96 tuo09 Store, Doe 97 wusulijiang Store, Doe 98 xianstore08 Store, Doe 99 yangguisen Store, Doe 100 yrs_cup_topsupplier Store, Doe 102 anyman_8, Doe 103 applicationwol, Doe 104 bargain_spot and Doe 105 bronushop_freeshipping added to case caption. |
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NEW PARTIES: Doe 106 dinosaurag, Doe 107 draney58, Doe 108 duckbuzzle, Doe 109 focus_on_mall, Doe 110 francycorn, Doe 111 gracefulvara, Doe 112 houseofravens, Doe 113 kezatraders, Doe 115 mailangkeji, Doe 116 nirmadu_official_store, Doe 117 qianchengsijinde, Doe 118 renhuaq, Doe 119 rkente-0, Doe 120 rongxinzi88, Doe 121 salesmart_101, Doe 122 sarathettiarachch0, Doe 123 strongheart_top, Doe 124 theamericanmart, Doe 125 topkoo, Doe 126 twoact, Doe 127 uviros_0, Doe 128 vishachamo0, Doe 129 wellassa, Doe 130 whereeverr, Doe 131 wisdom_manager, Doe 132 yoyo4533, Doe 133 yuenuli, Doe 134 17wxh, Doe 135 Aiken E-co, Doe 137 Amazing China kk, Doe 138 BAOHUANGLIFENDAN, Doe 139 Barbara Maltb, Doe 140 Best Buddy, Doe 141 Bkejun, Doe 142 Blue horixn, Doe 143 ccjun, Doe 144 changxianghuikejigongsi and Doe 145 chenmingxing32 added to case caption. |
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NEW PARTIES: Doe 146 Copy Pc, Doe 147 creaciones Cristina Narket, Doe 148 daihengyuan993, Doe 149 danyuanwokanbudaodetianji, Doe 150 E99E9E, Doe 151 Elivebuy, Doe 152 Fashion Shine2022, Doe 153 FDGRT, Doe 154 FDSTORE, Doe 155 Feixiang Shop, Doe 156 FiraSans, Doe 157 Flash Rain, Doe 158 gogogomall, Doe 159 gongxinxin, Doe 160 green pen, Doe 161 guilian international trading Ltd, Doe 162 haoruihong, Doe 163 hchehh, Doe 164 Home mall1, Doe 165 hongzhicheng, Doe 166 HQMALL, Doe 167 huangyuqing5359, Doe 168 BL2, Doe 169 ioadslfhj8215, Doe 170 jiaxunqi9574, Doe 171 jingsoufen, Doe 172 kukudepan, Doe 173 lamaowenhaoiJ, Doe 174 leileiqaz, Doe 176 LI SHU LT, Doe 177 LINyun, Doe 178 liudongdong668, Doe 179 lixiangdong5596, Doe 180 Love Fashion Department Store, Doe 181 love toy LK, Doe 182 LoveLyColor Shop, Doe 183 luojiaqin1, Doe 184 maolingyan and Doe 185 masuosuo added to case caption. |
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NEW PARTIES: Doe 186 meyouton, Doe 187 Michael S Estes, Doe 188 Mtlc12, Doe 189 Nalgas, Doe 190 Ntyuka, Doe 192 pangyueqin, Doe 193 Perfect fashion accessories2022, Doe 194 Pingfanzhilku, Doe 195 PKGoodGoods, Doe 196 BL2, Doe 197 qulong, Doe 198 Robert C Steinhauer, Doe 199 roomside, Doe 200 rsf85635, Doe 201 Sara tv, Doe 202 servert, Doe 203 Shiny supermarket, Doe 204 shuyueling0895, Doe 205 sinanxianhu, Doe 206 Small qian shops, Doe 207 sofia castro, Doe 208 Sunshine Times, Doe 209 sweetsilverhut, Doe 211 udirotngfer, Doe 212 Walfos Store, Doe 213 wandiwang, Doe 214 wangwei6680, Doe 215 wenyanli1773, Doe 216 wulinie, Doe 217 xiangirkuinvzhuang, Doe 218 xiaoyindian, Doe 219 xiatian3561, Doe 220 xinyuanxin, Doe 221 Yang2022, Doe 222 Yi Si Tao, Doe 223 yuexinhappy, Doe 224 yueyuexinxin, Doe 225 zhangfan22, Doe 226 zhangzhenyu shops, Doe 227 zhoufengxiang131, Doe 228 zhutianwqaz, Doe 229 ZHUYINGYINGSHOP and Doe 230 ziyuhao added to case caption. |
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30
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2023-01-10 |
NOTICE of Voluntary Dismissal by Ad-N-Art, Inc. with prejudice of Doe 30AllTopBargains; Doe 201 Sara tv |
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31
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2023-01-27 |
NOTICE of Voluntary Dismissal by Ad-N-Art, Inc. with prejudice of Doe 14 Life Decor Store; Doe 119 rkente-0; Doe 124 theamericanmart; Doe 156 FiraSans; Doe 172 kukudepan |
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32
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2023-01-27 |
NOTICE of Voluntary Dismissal by Ad-N-Art, Inc. without prejudice of Doe 162 haoruihong; Doe 225 zhangfan22 |
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33
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2023-02-01 |
NOTICE of Voluntary Dismissal by Ad-N-Art, Inc. with prejudice of Doe 106 dinosaurag; Doe 111 gracefulvara; Doe 117 qianchengsijinde; Doe 120 rongxinzi88; Doe 126 twoact; Doe 130 whereeverr; Doe 133 yuenuli; Doe 227 zhoufengxiang131 |
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34
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2023-02-08 |
ATTORNEY Appearance for Defendants Doe 153 FDGRT, Doe 164 Home mall1, Doe 149 danyuanwokanbudaodetianji, Doe 161 guilian international trading Ltd, Doe 199 roomside by Christopher Paul Keleher |
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35
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2023-02-13 |
NOTICE of Voluntary Dismissal by Ad-N-Art, Inc. with prejudice of Doe 57 aktwins Store; Doe 63 cong08 Store; Doe 64 cong09 Store; Doe 65 crazy price Store; Doe 68 Disposable Masks Store; Doe 81 kong08 Store; Doe 91 stylish2019 Store; Doe 96 tuo09 Store; Doe 98 xianstore08 Store; Doe 107 draney58; Doe 145 chenmingxing32; Doe 148 daihengyuan993; Doe 180 Love Fashion Department Store; Doe 184 maolingyan; Doe 203 Shiny supermarket; Doe 206 Small qian shops; Doe 223 yuexinhappy; Doe 224 yueyuexinxin; Doe 226 zhangzhenyu shops |
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37
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2023-02-22 |
MOTION by Defendants Doe 36 Diamerd, Doe 49 Umiliss-US, Doe 50 windast for extension of time to file answer regarding complaint 1 UNOPPOSED |
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38
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2023-02-23 |
NOTICE of Voluntary Dismissal by Ad-N-Art, Inc. with prejudice of Doe 40 hwaay-US; Doe 146 Copy Pc; Doe 149 danyuanwokanbudaodetianji; Doe 152 Fashion Shine2022; Doe 153 FDGRT; Doe 161 guilian international trading Ltd; Doe 163 hchehh; Doe 164 Home mall1; Doe 199 roomside |
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39
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2023-02-23 |
MINUTE entry before the Honorable Manish S. Shah:Motion for extension of time to answer 37 is granted. Defendants windast; Umiliss-US; and Diamerd have until 3/22/23 to respond to the complaint.Mailed notice. |
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40
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2023-03-15 |
NOTICE of Voluntary Dismissal by All Plaintiffs with prejudice of Doe 13 LANSOON House Store; Doe 36 Diamerd; Doe 49 Umiliss-US; Doe 82 musou10 Store; Doe 140 Best Buddy; Doe 150 E99E9E; Doe 155 Feixiang Shop; Doe 168 huisyueinw; Doe 171 jingsoufen; Doe 186 meyouton; Doe 194 Pingfanzhilku; Doe 196 qinminstore; Doe 222 Yi Si Tao |
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41
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2023-03-24 |
NOTICE of Voluntary Dismissal by All Plaintiffs with prejudice of Doe 134 17wxh; Doe 137 Amazing China kk; Doe 154 FDSTORE; Doe 166 HQMALL; Doe 174 leileiqaz; Doe 188 Mtlc12; Doe 213 wandiwang; Doe 228 zhutianwqaz |
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42
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2023-03-24 |
NOTICE of Voluntary Dismissal by All Plaintiffs without prejudice of Doe 110 francycorn; Doe 187 Michael S Estes |
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43
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2023-04-05 |
NOTICE of Voluntary Dismissal by Ad-N-Art, Inc. with prejudice of Doe 37 DoMyfit; Doe 42 Ipalmay BestStore; Doe 53 xxsmpx |
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44
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2023-04-14 |
MOTION by Plaintiff Ad-N-Art, Inc. for entry of default as to remaining defendants |
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45
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2023-04-14 |
MEMORANDUM by Ad-N-Art, Inc. in support of motion for entry of default 44 |
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Affidavit of Kevin Keener |
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Exhibit 1 to Declaration of Kevin Keener |
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(Exhibit 2 to Declaration of Kevin Keener) |
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46
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2023-04-14 |
NOTICE of Motion by Kevin John Keener for presentment of motion for entry of default 44 before Honorable Manish S. Shah on 4/19/2023 at 09:45 AM. |
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47
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2023-04-18 |
NOTICE of Voluntary Dismissal by Ad-N-Art, Inc. with prejudice of Doe 47 oneZone Direct |
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48
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2023-04-19 |
MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. The court finds defendants in default and that permanent injunction is appropriate, however the total amount restrained is not a sufficiently reliable estimate of lost profits. For the reasons stated in open court, the motion for entry of default judgment 44 is granted in part. Plaintiff may file a supplemental brief by 4/26/23, and is directed to submit a revised proposed order to proposed_order_shah@ilnd.uscourts.gov. Notices mailed. |
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49
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2023-04-27 |
MEMORANDUM Supplemental Memorandum in Support of Default |
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Declaration of Kevin Keener |
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(Exhibit 1 to Declaration of Kevin Keener) |
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50
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2023-05-02 |
MINUTE entry before the Honorable Manish S. Shah: The court finds that plaintiff's supplemental memorandum establishes reasonably reliable amounts to calculate lost profits, and treble damages are appropriate for the willful infringement. Enter Default Judgment Order and terminate civil case. Notices mailed. |
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51
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2023-05-02 |
FINAL DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 5/2/2023. Notices mailed. |
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52
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2023-05-03 |
MAILED patent report to Patent Trademark Office, Alexandria VA |
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53
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2023-05-10 |
full SATISFACTION of Judgment regarding order, terminated case 51 as to Doe 112 houseofravens |
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54
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2023-09-25 |
FULL SATISFACTION of Judgment regarding order, terminated case 51 as to Doe 102 anyman_8; Doe 109 focus_on_mall; Doe 123 strongheart_top; Doe 131 wisdom_manager; Doe 151 Elivebuy |
