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[+]
1
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2022-11-14 |
COMPLAINT filed by General Motors LLC; Filing fee $ 402, receipt number AILNDC-20042983. |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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Exhibit 4 |
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2
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2022-11-14 |
SEALED EXHIBIT by Plaintiff General Motors LLC Schedule A regarding complaint[1] |
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3
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2022-11-14 |
MOTION by Plaintiff General Motors LLC for leave to file under seal |
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4
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2022-11-14 |
CIVIL Cover Sheet |
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5
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2022-11-14 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Motors LLC |
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6
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2022-11-14 |
Notice of Claims Involving Trademarks by General Motors LLC |
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7
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2022-11-14 |
ATTORNEY Appearance for Plaintiff General Motors LLC by Justin R. Gaudio |
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8
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2022-11-14 |
ATTORNEY Appearance for Plaintiff General Motors LLC by Amy Crout Ziegler |
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9
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2022-11-14 |
ATTORNEY Appearance for Plaintiff General Motors LLC by Jake Michael Christensen |
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[+]
10
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2022-11-14 |
ATTORNEY Appearance for Plaintiff General Motors LLC by Rachel S Miller |
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CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sunil R. Harjani. 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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11
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2022-11-16 |
MAILED trademark report to Patent Trademark Office, Alexandria VA. |
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(Trademarks) |
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12
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2022-11-21 |
MOTION by Plaintiff General Motors LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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13
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2022-11-21 |
MEMORANDUM by General Motors LLC in support of motion for temporary restraining order[12] |
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14
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2022-11-21 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[13] |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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Exhibit 4 |
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[+]
15
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2022-11-21 |
DECLARATION of Andrea Ankawi regarding memorandum in support of motion[13] |
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Exhibit 1 |
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16
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2022-11-21 |
SEALED EXHIBIT by Plaintiff General Motors LLC Exhibit 2 - Parts 1 - 6 regarding declaration[15] |
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17
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2022-11-21 |
MOTION by Plaintiff General Motors LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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18
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2022-11-21 |
MEMORANDUM by General Motors LLC in support of motion for miscellaneous relief[17] |
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19
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2022-11-21 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18] |
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Exhibit 1 |
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Exhibit 2 |
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20
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2022-11-23 |
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 motion for leave to file under seal 3 is granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 12 and motion for electronic service of process 17 are 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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21
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2022-11-23 |
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/23/2022: |
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
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22
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2022-11-30 |
SURETY BOND in the amount of $ 10,000.00 posted by General Motors LLC. (Document not imaged) |
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23
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2022-12-02 |
MOTION by Plaintiff General Motors LLC for extension of time of Temporary Restraining Order |
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24
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2022-12-02 |
MEMORANDUM by General Motors LLC in support of extension of time 23 |
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(Declaration of Jake M. Christensen) |
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25
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2022-12-05 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order 23 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from moving any assets from accounts in U.S.-based financial institutions to offshore accounts. The court's TRO 21 entered on 11/23/2022 is extended until 12/21/2022. |
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26
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2022-12-16 |
MOTION by Plaintiff General Motors LLC for preliminary injunction |
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(Exhibit A) |
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27
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2022-12-16 |
MEMORANDUM by General Motors LLC in support of motion for preliminary injunction 26 |
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Declaration of Jake M. Christensen |
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(Exhibit 1) |
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28
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2022-12-16 |
SUMMONS Returned Executed by General Motors LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/16/2022, answer due 1/6/2023. |
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Declaration of Rachel S. Miller |
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(Exhibit A) |
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29
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2022-12-19 |
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 12/30/2022. Plaintiff shall serve defendants with this notice. |
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30
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2022-12-22 |
MOTION by Plaintiff General Motors LLCfor Leave to Amend Schedule A to the Complaint Instanter |
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31
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2022-12-22 |
AMENDED exhibit[2] Amended Schedule A |
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32
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2022-12-23 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint 30 is granted. Defendants No. 16 AR AUTO STORE, No. 56 Vzxcera, No. 78 fnewyizhi22, and No. 91 oldda002 are dismissed. |
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33
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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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34
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2023-01-03 |
MINUTE entry before the Honorable Martha M. Pacold: No defendant has filed an appearance to object to the entry of a preliminary injunction. 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 of Court is directed to unseal Schedule A to the Complaint [2], Exhibit 2 to the Declaration of Andrea Ankawi [16], and the TRO [21]. 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 are located on the court's website at www.ilnd.uscourts.gov/instructions. |
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35
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2023-01-03 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 1/3/2023: |
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36
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2023-01-03 |
ORDER: The Clerk of Court is directed to unseal Schedule A to the Complaint [2], Exhibit 2 to the Declaration of Andrea Ankawi [16], and the TRO [21]. Signed by the Honorable Martha M. Pacold on 1/3/2023. Mailed notice |
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NEW PARTIES: Car Decorative Accessories Store, Donghui stickers Store, HAI YANG Store, LINZHEN001 Store, MINIYT Store, My car home Store, OKLEDLIGHTS Store, One Road Change Car Cargo Cover Store, Red-Rose Mobile Phone Accessories Store, Shop1100009051 Store, Shop1102185610 Store, Shop1102249549 Store, Shop1102272323 Store, Shop912625587 Store, aliso, BINBINSHANGHANG, Changsha Yunzhan Trading Co., Ltd., changzhisuxinshangmaoyoungongsi, chenxingsdrhg, Da Longgong, DL-AP, fan'fan'chun'dian, gaojihuiccc, Guiying, haikoulonghuaqianqishangmaozhongxin, haikoushiyanlinyushangmaoshanghanggerenduzi, haikoushiyuxilinshangmaoshanghanggerenduzi, haikouxishuangshangmaoyouxiangongsi, HFGSN, HUANGJING, huyueqianli, jiajiazhoujinping, kanghuabin, kunmingchunchanshangmaoyouxianzerengongsi, kunmingkunlishangmaoyouxianzerengongsi, kunmingqianpangshangmaoyouxiangongsi, kunmingzhengyongzedianzishangwuyouxiangongsi, KYGAA, LIBAOBAO, LiiL, LinJunZhangJunNanShangMao, linlonghuixiabb, linxinyouxuanmao, luoyaodedian, MAOZHUANG&US, mingyijingping, qiqerqianchangdianzishangwuyouxiangongsi, rewfdmjuko, RIXIAN, ruichangshiyuanxieerbaihuoshanghang, songyuanshizhixinwangluokejiyouxiangongsi54, TB-ACC, TONGTIANX, TPKLOMP, wanghaoyu222, XiaoChenShangMao, XMSLLXG, xuchangguijinshangmaoyouxianzerengongsi, xuexia han, YIJU Lcc, YINGZHUO SHANGMAO, Yongchun Huixin, yulinbinqiudianpu, yuyuzhiwudian, Zootok u.s., 3296095, airtionbhyt9, auto-parts-shop-01, auto-parts-shop-04, bght1170, cai_4408, cindy-12512, dechenxidianzi, denghai, dongrunlong7340, guobenxun, he25952-64, hongjun-35, huangyuhao6093, hukemu19, huweigongsi, kyautostore, ledlights-1, lihuihui-5, maisuitech, meng_8445, okaybulb, oldda003, qq-autolights, surefa.yang, u0aa22_87, wellline_trade, xiancheng2, yangan, yu12_41, zhang8146, zouzhicai, ASHAMX1, bengbukaikaidianzishangwuyouxiangongsi, haikoushilouqiqinwangluokejiyouxiangongsi, XingJian LLC, adilanaimaidi Store, albertoshopping, BogusixiekL, Charlesj87, chendongying12345, Daggi, Dkj943pndig, ehunyany, Elegant Creations Inc, heplpdqdf, High quality auto parts 2009, Joanne Lemley, kerandezhanghao, Liusanmei720905, llhmykj, lucy trendy, LUGKY, Nathan Fernandes, osienuiyfjer, sahdkafhjfdad, sdjadhajwhgefqjuwuq, sunkanmming0518, T2XIQRL2D, wangruiting875465, wangyshop, XIU888, XJWSHOP, XuShuZhi, xuzhiqiang84105, YangShaoXiao and zhangwenhui83552 added to case caption. |
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37
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2023-01-05 |
MOTION by Plaintiff General Motors LLC for Leave to Amend Schedule A to the Complaint Instanter |
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38
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2023-01-05 |
AMENDED exhibit[2] Amended Schedule A |
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39
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2023-01-06 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint 37 is granted. Defendant No. 58 XiaoChenShangMao is dismissed. |
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40
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2023-01-20 |
MOTION by Plaintiff General Motors LLC for entry of default, MOTION by Plaintiff General Motors LLC for default judgment as to all Defendants |
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Exhibit A |
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41
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2023-01-20 |
MEMORANDUM by General Motors LLC in support of motion for entry of default, motion for default judgment[40] |
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Exhibit 1 |
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[+]
42
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2023-01-20 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[41] |
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Exhibit 1 |
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43
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2023-01-23 |
MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default and default judgment 40 must enter an appearance and file a written objection by 1/30/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
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44
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2023-01-31 |
ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment [40]. The motion [40] is granted. 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 in the amount of $500,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Greer, Burns & Crain, Ltd., 300 S. Wacker Dr. Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 1/31/2023. Mailed notice |
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45
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2023-01-31 |
DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 1/31/2023. Mailed notice |
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[+]
46
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2023-02-02 |
FULL SATISFACTION of Judgment regarding order 45 in the amount of $500,000 as to certain defendants |
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MAILED Original ten-thousand-dollar ($ 10,000) Surety bond posted by General Motors LLC's counsel of record Justin R. Gaudio, Greer Burns Crain Ltd. 300 South Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail # 7019 2280 0000 0963 1934. |
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47
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2023-02-09 |
FULL SATISFACTION of Judgment regarding order 45 in the amount of $500,000 as to certain defendants |
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48
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2023-02-16 |
FULL SATISFACTION of Judgment regarding order 45 in the amount of $500,000 as to certain defendants |
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49
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2023-02-28 |
RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0963 1934. |
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50
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2023-08-10 |
FULL SATISFACTION of Judgment regarding order[45] in the amount of $500,000 as to certain defendant |
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51
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2023-10-26 |
FULL SATISFACTION of Judgment regarding order[45] in the amount of $500,000 as to certain defendant |
