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2022-cv-06885

Emoji Company GmbH 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:2022-12-08
原告:EMOJI COMPANY GMBH
代理律所:HSP
诉讼类型:商标、版权
# Date Description
[+] 1 2022-12-08 COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 402, receipt number AILNDC-20118967.
2 2022-12-08 CIVIL Cover Sheet
3 2022-12-08 ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Michael A. Hierl
4 2022-12-08 ATTORNEY Appearance for Plaintiff Emoji Company GmbH by William Benjamin Kalbac
5 2022-12-08 ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Robert Payton Mcmurray
6 2022-12-08 MOTION by Plaintiff Emoji Company GmbH to seal document Plaintiff's Motion for Leave to File Under Seal
7 2022-12-08 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Sealed Schedule A
[+] 8 2022-12-08 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Emoji Company GmbH
9 2022-12-08 MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10 2022-12-08 MOTION by Plaintiff Emoji Company GmbH 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 2022-12-08 MEMORANDUM by Emoji Company GmbH in support of motion for temporary restraining order, 10
12 2022-12-08 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 1 of Reiter Declaration
13 2022-12-08 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 2 of Reiter Declaration
14 2022-12-08 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 3 of Reiter Declaration
15 2022-12-08 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 4 of Reiter Declaration
16 2022-12-08 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 5 of Reiter Declaration
17 2022-12-08 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 6 of Reiter Declaration
18 2022-12-08 Notice of Claims Involving Trademarks by Emoji Company GmbH
19 2022-12-08 NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 10 before Honorable Jorge L. Alonso on 12/13/2022 at 09:30 AM.
20 2022-12-09 MAILED trademark report to Patent Trademark Office, Alexandria VA
21 2022-12-09 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
22 2022-12-13 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. For the reasons stated on the record, Plaintiff's motion to exceed page limitation 9 is granted. Plaintiff's motion for leave to file under seal 6 is granted. 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 10 is granted. Enter sealed temporary restraining order. Telephonic status hearing set for 12/22/22 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff
23 2022-12-13 SEALED TEMPORARY Restraining Order. Signed by the Honorable Jorge L. Alonso on 12/13/2022. Notice mailed by Judge's staff
24 2022-12-19 MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order
25 2022-12-20 CIVIL BOND in the amount of $ 10,000 posted by Emoji Company GmbH. (Document not scanned).
27 2022-12-22 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 1/10/23 at 9:30 a.m. Plaintiff's ex parte motion to extend the temporary restraining order [24] is granted. The temporary restraining order is extended to 1/10/23. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff
26 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.
28 2023-01-05 MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
29 2023-01-05 MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction 28
30 2023-01-05 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 28
31 2023-01-05 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 28 before Honorable Jorge L. Alonso on 1/10/2023 at 09:30 AM.
32 2023-01-05 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto
33 2023-01-06 SUMMONS Returned Executed by Emoji Company GmbH as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto on 1/5/2023, answer due 1/26/2023.
34 2023-01-10 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 2/23/23 at 9:30 a.m. Telephonic motion hearing held. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction 28 is granted. Enter preliminary injunction order. The Clerk is directed to unseal all previously sealed documents. Plaintiff is ordered to add all Defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website at www.ilnd.uscourts.gov. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff
35 2023-01-10 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jorge L. Alonso on 1/10/2023. Notice mailed by Judge's staff
[+] 36 2023-01-11 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
37 2023-01-17 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 107, 151, 155
38 2023-01-18 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 170
39 2023-01-19 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 190
40 2023-01-20 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 219
41 2023-01-25 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 18, 66,83,144
42 2023-01-31 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 149
43 2023-02-06 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
44 2023-02-08 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 85, 181, 189
45 2023-02-13 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 20,77,103,119
46 2023-02-14 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 222
47 2023-02-15 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 139
48 2023-02-17 ATTORNEY Appearance for Defendants Sail again shop, Shenzhenshi Yiyuantai Dianzishangwu Youxian Gongsi, wunikou by Lydia Pittaway
49 2023-02-17 MOTION by Defendants Sail again shop, Shenzhenshi Yiyuantai Dianzishangwu Youxian Gongsi, wunikou for extension of time to Respond to Complaint (Unopposed)
50 2023-02-20 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
51 2023-02-21 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 167
52 2023-02-22 MINUTE entry before the Honorable Jorge L. Alonso: Defendants Shenzhenshi Yiyuantai Dianzishangwu Youxian Gongsi, wunikou and Sail again shop's motion for extension of time to respond to the complaint 49 is granted to 3/2/23. Motion hearing date of 2/23/23 is stricken. Telephonic status hearing date of 2/23/23 is stricken and reset to 3/9/23 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff
53 2023-02-22 MOTION by Plaintiff Emoji Company GmbH Agreed Motion for Entry of Consent Judgment
54 2023-02-22 NOTICE of Motion by Michael A. Hierl for presentment of motion for miscellaneous relief 53 before Honorable Jorge L. Alonso on 2/28/2023 at 09:30 AM.
55 2023-02-24 MOTION by Plaintiff Emoji Company GmbH Agreed Motion for Entry of Consent Judgment
56 2023-02-24 NOTICE of Motion by Michael A. Hierl for presentment of motion for miscellaneous relief 55 before Honorable Jorge L. Alonso on 2/28/2023 at 09:30 AM.
57 2023-02-28 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 67,172,233
58 2023-02-28 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff and two defendants, defendant No. 225 "HeFeiJingMaiDianZiShangWuYouXianGongSi" and defendant No. 227 "JulShareE" ("Defendants"), request that the Court approve and enter the consent judgments agreed to respectively by them. A telephonic motion hearing was held on 2/28/2023. Before signing a consent judgment, the Court must satisfy itself that the judgment is reasonable. Donovan v. Robbins, 752 F.2d 1170, 1177 (7th Cir. 1985). Here, Defendants were accused of infringing upon plaintiff's trademarks, and the consent judgments prohibit such behavior in the future and order Defendants to each pay a reasonable amount in damages. Finding the judgments reasonable, and for the reasons stated on the record, the Court approves the request and will enter the proposed consent judgments. Plaintiff's agreed motions for entry of consent judgment 53 55 are granted. Notice mailed by Judge's staff
59 2023-02-28 CONSENT Judgment. Signed by the Honorable Jorge L. Alonso on 2/28/2023. Notice mailed by Judge's staff
60 2023-02-28 CONSENT Judgment. Signed by the Honorable Jorge L. Alonso on 2/28/2023. Notice mailed by Judge's staff
61 2023-03-01 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 106, 236
62 2023-03-02 MOTION by Defendants Sail again shop, Shenzhenshi Yiyuantai Dianzishangwu Youxian Gongsi, wunikou for extension of time to respond to Complaint (unopposed)
63 2023-03-03 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 93
64 2023-03-07 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 130,143
65 2023-03-09 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 3/30/23 at 9:30 a.m. For the reasons stated on the record, Defendants' motion for extension of time to respond to the complaint 62 is granted to 3/16/23. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff
66 2023-03-16 ATTORNEY Appearance for Defendants Sail again shop, Shenzhenshi Yiyuantai Dianzishangwu Youxian Gongsi, wunikou by Larry Ford Banister, II
67 2023-03-16 ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by wunikou, Sail again shop, Shenzhenshi Yiyuantai Dianzishangwu Youxian Gongsi against Emoji Company GmbH. by wunikou, Sail again shop, Shenzhenshi Yiyuantai Dianzishangwu Youxian Gongsi
68 2023-03-22 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 231, 232
69 2023-03-23 DECLARATION of Robert P. McMurray Declaration of Service
70 2023-03-23 MOTION by Plaintiff Emoji Company GmbH for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
[+] 71 2023-03-23 MEMORANDUM by Emoji Company GmbH in support of motion for default judgment 70
[+] 72 2023-03-23 DECLARATION of Michael A. Hierl regarding motion for default judgment 70
73 2023-03-28 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 32
74 2023-03-30 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held. The parties' rule 26(a)(1) disclosures shall be served by 4/14/23. All fact discovery shall be noticed in time to be completed by 8/11/23. The deadline for joinder of parties and amendment of pleadings is 5/12/23. Telephonic motion hearing held. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment against the Defendants identified in amended schedule A [70] is granted. Enter Final Judgment Order. This case is referred to the magistrate judge for discovery supervision with the authority to set and extend deadlines, and a settlement conference. The Court will follow developments before the magistrate judge and take up the case when the referral is closed. Notice mailed by Judge's staff
75 2023-03-30 FINAL JUDGMENT ORDER. Signed by the Honorable Jorge L. Alonso on 3/30/2023. Notice mailed by Judge's staff
76 2023-03-31 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Heather K. McShain for the purpose of holding proceedings related to: discovery supervision; settlement conference. Notice mailed by Judge's staff.
77 2023-04-03 MINUTE entry before the Honorable Heather K. McShain: This case has been referred to Magistrate Judge McShain for discovery supervision and a settlement conference 76. The Court has reviewed the discovery schedule entered by Judge Alonso 74. An initial joint status report is due on 05/19/2023 to update the Court on: (a) the progress of discovery; (b) a statement indicating whether expert discovery and/or discovery of electronically stored information is anticipated; (c) a description of settlement discussions, if any; and (d) any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice.
78 2023-04-04 SATISFACTION of Judgment
79 2023-04-06 RESPONSE by Plaintiff Emoji Company GmbH Answer to Defendant's Counterclaim
80 2023-04-13 SATISFACTION of Judgment
81 2023-05-09 SATISFACTION of Judgment
82 2023-05-19 STATUS Report Joint Status Report by Emoji Company GmbH Presented before Magistrate Judge
83 2023-05-22 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 82 which reports parties have not engaged in written discovery because they are in settlement discussions. Plaintiff has not determined whether expert discovery is anticipated. Parties request until 05/26/2023 to exchange Rule 26(a)(1) disclosures. In light of the parties' ongoing settlement discussions, the request is granted. Parties shall have until 05/26/2023 to exchange Rule 26(a)(1) disclosures. Further joint status report due 06/19/2023 to update the Court on the same items as in the instant status report. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) should they be interested in discussing settlement. Mailed notice.
84 2023-05-23 SATISFACTION of Judgment
85 2023-06-20 STATUS Report Joint Status Report by Emoji Company GmbH Presented before Magistrate Judge
86 2023-06-21 STATUS Report Amended Status Report by Emoji Company GmbH Presented before Magistrate Judge
87 2023-06-22 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 85 and plaintiff's amended status report 86 which reports parties exchanged Rule 26(a)(1) disclosures. Plaintiff anticipates ESI. Parties request until 07/28/2023 to issue written discovery and until 09/15/2023 to respond to written discovery. On settlement, plaintiff reached an agreement with three defendants. In light of the parties' diligence in pursuing discovery and settlement negotiations, the Court finds good cause to extend the fact discovery deadline 74 and grant parties' request. Parties shall have until 07/28/2023 to issue written discovery and until 09/15/2023 to respond to written discovery. The fact discovery deadline is extended until 10/11/2023. A joint status report is due on 07/31/2023 to update the Court on: (a) the progress of discovery; (b) settlement discussions, if any; and (c) any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice.
88 2023-06-22 ATTORNEY Appearance for Defendants Shenzhenshi Yiyuantai Dianzishangwu Youxian Gongsi, wunikou by Michael Thomas Stanley
89 2023-06-22 SATISFACTION of Judgment
90 2023-07-20 SATISFACTION of Judgment
91 2023-07-31 STIPULATION of Dismissal Stipulation of Dismissal Without Prejudice as to Defendant Nos. 234 "SHENZHENSHI YIYUANTAI DIANZISHANGW YOUXIAN GONGSI" and 239 "WUNIKOU"
92 2023-07-31 STATUS Report by Emoji Company GmbH Presented before Magistrate Judge
93 2023-08-01 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 92 which reports that the defendants who issued Rule 26(a)(1) disclosures, Defendant Nos. 229, 234, and 239, have not issued written discovery because the parties have reached a settlement agreement. Plaintiff filed an accompanying Satisfaction of Judgment and a Satisfaction of Dismissal as to these defendants. 84 89 91. To the extent that any defendants remain in the case by 09/01/2023, a joint status report is due to update the Court on the same topics as the instant status report. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice.
94 2023-08-02 MINUTE entry before the Honorable Jorge L. Alonso: A stipulation to dismiss has been filed. All pending claims and counterclaims are dismissed without prejudice. Civil case terminated. Notice mailed by Judge's staff
95 2023-08-03 MINUTE entry before the Honorable Heather K. McShain: The District Court having terminated this case 94, all outstanding deadlines 93 are stricken, and the referral in this case is hereby closed. Mailed notice.
96 2023-08-15 SATISFACTION of Judgment
[+] 97 2023-11-28 MAILED Closing Trademark report to Patent Trademark Office, Alexandria VA.
98 2024-07-18 SATISFACTION of Judgment