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2022-cv-06721

Bigfoot 4X4, 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：2022-08-08
原告：KAWS, INC.
代理律所：Thoits Law
诉讼类型：版权
# Date Description
[+] 1 2022-12-01 COMPLAINT filed by Bigfoot 4x4, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20095405.
2 2022-12-01 CIVIL Cover Sheet
3 2022-12-01 ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Michael A. Hierl
4 2022-12-01 ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by William Benjamin Kalbac
5 2022-12-01 ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Robert Payton Mcmurray
6 2022-12-01 MOTION by Plaintiff Bigfoot 4x4, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal
7 2022-12-01 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Sealed Schedule A
[+] 8 2022-12-01 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bigfoot 4x4, Inc.
9 2022-12-01 MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10 2022-12-01 MOTION by Plaintiff Bigfoot 4x4, Inc. 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 2022-12-01 MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for temporary restraining order, 10
12 2022-12-01 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 1 of Trent Declaration
13 2022-12-01 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 2 of Trent Declaration
14 2022-12-01 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 3 of Trent Declaration
15 2022-12-01 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 4 of Trent Declaration
16 2022-12-01 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 5 of Trent Declaration
17 2022-12-01 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 6 of Trent Declaration
18 2022-12-01 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 7 of Trent Declaration
19 2022-12-01 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 8 of Trent Declaration
20 2022-12-01 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 9 of Trent Declaration
21 2022-12-01 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 10 of Trent Declaration
22 2022-12-01 Notice of Claims Involving Trademarks by Bigfoot 4x4, Inc.
23 2022-12-02 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
24 2022-12-02 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
25 2022-12-05 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions (6, 9, 10), the supporting memorandum 11 and the temporary restraining order, plaintiff's motions for leave to file under seal 6 and for leave to file excess pages 9 are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary transfer of defendant domain names, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 10 is granted, except to the extent that the motion seeks a temporary transfer of defendant's internet stores. 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 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.
26 2022-12-05 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 12/5/2022:
27 2022-12-07 SURETY BOND in the amount of $10,000.00 posted by Bigfoot 4x4, Inc. (Document not scanned)
28 2022-12-14 MOTION by Plaintiff Bigfoot 4x4, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
29 2022-12-15 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order 28 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 26 entered on 12/5/2022 is extended to 01/02/2023.
[+] 30 2022-12-28 MOTION by Plaintiff Bigfoot 4x4, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order as to Certain Defendants
31 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.
32 2022-12-30 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order 30 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 26 entered on 12/5/2022 is extended to 01/16/2023.
33 2023-01-11 MOTION by Plaintiff Bigfoot 4x4, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
34 2023-01-11 MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for preliminary injunction[33]
[+] 35 2023-01-11 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[33]
36 2023-01-12 SUMMONS Returned Executed by Bigfoot 4x4, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 1/11/2023, answer due 2/1/2023.
37 2023-01-12 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 33 under advisement and will consider the motion unopposed if no defendant appears and objects by 1/23/2023. Plaintiff shall serve defendants with this notice.
38 2023-01-13 CERTIFICATE of Service by Plaintiff Bigfoot 4x4, Inc.
39 2023-01-24 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction 37. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction 33 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 Exhibit 1 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.
40 2023-01-24 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 1/24/2023:
[+] 41 2023-01-24 ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 1/24/2023. Mailed notice
42 2023-03-10 MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file Motion for Leave to File an Amended Schedule A
43 2023-03-13 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 42 is granted. Plaintiff is directed to file an amended Schedule A by 3/16/2023 identifying the remaining defendants. RTR MODEL Store, Shantou Chenghai Sanhuan Technology Co., Ltd., Shantou Qilong Toys Co., Ltd., Bright Spring Trading Ltd. Shantou Chenghai and Hubei Jintongxing Education Technology Co., Ltd. terminated.
[+] 44 2023-03-14 NOTICE by Bigfoot 4x4, Inc. Notice of Filing
45 2023-04-03 DECLARATION of Robert P. McMurray Declaration of Service
46 2023-04-03 MOTION by Plaintiff Bigfoot 4x4, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
[+] 47 2023-04-03 MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for default judgment 46
[+] 48 2023-04-03 DECLARATION of Michael A. Hierl regarding motion for default judgment 46
49 2023-04-04 MINUTE entry before the Honorable Martha M. Pacold: 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 4/11/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. Emailed notice.
50 2023-04-04 CERTIFICATE of Service by Michael A. Hierl on behalf of Bigfoot 4x4, Inc.
51 2023-04-13 ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 46. The motion 46 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 $150,000 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 Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 4/13/2023: Mailed notice
52 2023-04-13 DEFAUT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 4/13/2023: Mailed notice
[+] 53 2023-04-14 SATISFACTION of Judgment
54 2023-04-24 SATISFACTION of Judgment
55 2023-05-02 RETURN of U.S. Post Office article no. 7021 1970 0001 3330 0410.
56 2023-05-16 SATISFACTION of Judgment
57 2023-05-30 SATISFACTION of Judgment
58 2023-06-13 SATISFACTION of Judgment
59 2023-07-14 SATISFACTION of Judgment
60 2024-01-10 SATISFACTION of Judgment