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[+]
1
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2023-02-01 |
COMPLAINT filed by Zorro Productions, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20304746. |
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(Exhibit 1) |
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2
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2023-02-01 |
CIVIL Cover Sheet |
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3
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2023-02-01 |
ATTORNEY Appearance for Plaintiff Zorro Productions, Inc. by Michael A. Hierl |
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4
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2023-02-01 |
ATTORNEY Appearance for Plaintiff Zorro Productions, Inc. by William Benjamin Kalbac |
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5
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2023-02-01 |
ATTORNEY Appearance for Plaintiff Zorro Productions, Inc. by Robert Payton Mcmurray |
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6
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2023-02-01 |
MOTION by Plaintiff Zorro Productions, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal |
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7
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Sealed Schedule A |
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[+]
8
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2023-02-01 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Zorro Productions, Inc. |
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CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. |
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9
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2023-02-01 |
MOTION by Plaintiff Zorro Productions, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
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10
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2023-02-01 |
MOTION by Plaintiff Zorro Productions, Inc. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication |
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[+]
11
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2023-02-01 |
MEMORANDUM by Zorro Productions, Inc. in support of motion for temporary restraining order, 10 |
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Declaration Gertz Declaration |
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Exhibit 1 |
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Declaration Hierl Declaration |
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Exhibit Hierl Exhibit 1 |
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Exhibit Hierl Exhibit 2 |
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(Exhibit Hierl Exhibit 3) |
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12
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 1 of Gertz Declaration |
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13
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 2 of Gertz Declaration |
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14
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 3 of Gertz Declaration |
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15
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 4 of Gertz Declaration |
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16
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 5 of Gertz Declaration |
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17
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 6 of Gertz Declaration |
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18
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 7 of Gertz Declaration |
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19
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 8 of Gertz Declaration |
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20
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 9 of Gertz Declaration |
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21
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 10 of Gertz Declaration |
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22
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 11 of Gertz Declaration |
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23
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 12 of Gertz Declaration |
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24
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 13 of Gertz Declaration |
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25
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 14 of Gertz Declaration |
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26
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 15 of Gertz Declaration |
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27
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 16 of Gertz Declaration |
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28
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 17 of Gertz Declaration |
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29
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2023-02-01 |
SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 18 of Gertz Declaration |
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30
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2023-02-01 |
Notice of Claims Involving Trademarks by Zorro Productions, Inc. |
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[+]
31
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2023-02-02 |
MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
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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. |
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32
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2023-04-12 |
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 6, motion for leave to file excess pages 9, and ex parte motion for a temporary restraining order and other relief 10 are granted in part. Plaintiff's submissions 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 7 and 12 through 29. The accompanying Temporary Restraining 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. 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 accounting. In addition, the evidence submitted by Plaintiff shows 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 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 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 revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice |
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33
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2023-04-12 |
SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 4/12/2023. |
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35
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2023-04-18 |
SURETY BOND in the amount of $ 10,000 posted by Zorro Productions, Inc. (Document not scanned). |
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34
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2023-04-19 |
MOTION by Plaintiff Zorro Productions, Inc. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order |
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36
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2023-04-21 |
ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 4/21/2023. Mailed notice |
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37
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2023-05-05 |
MOTION by Plaintiff Zorro Productions, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
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SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
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38
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2023-05-05 |
MEMORANDUM by Zorro Productions, Inc. in support of motion for preliminary injunction 37 |
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39
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2023-05-05 |
DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 37 |
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40
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2023-05-05 |
SUMMONS Returned Executed by Zorro Productions, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 5/5/2023, answer due 5/26/2023. |
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41
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2023-05-09 |
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 37 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all remaining 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 5/12/2023." 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 orders entering and extending the temporary restraining order ("TRO"), as well as in Plaintiff's motion 11 to extend the TRO, the TRO is further 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 |
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42
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2023-05-10 |
CERTIFICATE of Service by Plaintiff Zorro Productions, Inc. |
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43
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2023-05-25 |
NOTICE of Voluntary Dismissal by Zorro Productions, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
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44
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2023-06-01 |
NOTICE of Voluntary Dismissal by Zorro Productions, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No.34 |
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45
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2023-06-12 |
NOTICE of Voluntary Dismissal by Zorro Productions, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 38 |
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46
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2023-06-28 |
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 37 is granted. Plaintiff's filings establish that it 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 42 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 no objection to the motion for a preliminary injunction has been filed on behalf of any Defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the Court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Mailed notice |
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47
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2023-06-28 |
PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 6/28/2023. Mailed notice |
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NEW PARTIES: 1 6figure, dikr-85, flamewizard, gzy1 2706, haiyanhuang2016-8, ly19_98, martemall, nathasion777, nuoyafa-86, ofedanie-5, olga-i, onlineuser2016, spushipping, tototoys2015, ejt7 Store, hgf8123 Store, hmh5 Store, j9aa Store, lighterstore Store, uvds Store, aixigu0, biubiua, buffnstuff08, chaga-4992, charmas-store, coserbuy, cxjddb, dasjinbao, dhsun_58, ditzaglobal, don_store1989, fashionday2018, gizmostig, happy_susu, helarry, henanar, hero_2012, hitjust, hossam1175 and hunnybeegoods added to case caption. |
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NEW PARTIES: luck-market, lucky stone, mny19-53, modelspace, newfigures, nuoya2012, nygc_61, nywk-83, pempermans, pingcenebbyy2, qhhappy-figurestore, rideksshop, sihugpiao2, smart4u 96 online store, smile-shop-15, soldier_top2020, starshop 2012, sunzexing6087, sxy1_20 and tharjaya-39 added to case caption. |
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NEW PARTIES: top service usa, toyzio_86, veigaras, wholesale-vip, williamshop9, xiangwyan_0, yusitikk-5, yuviglobal, aiyueele10 Store, anfunikeon2 Store, atsx Store, bjhs Store, c1l7 Store, cdjz Store, cehw Store, ci4j Store, cje1 Store, cuel Store, cyc1688 Store, d6hu Store, d6up Store, dablounge Store, dfnj Store, dpfa Store, dwzx Store, eazn Store, elh7 Store, emijd4432uu Store, erq6 Stor, flygirls Store, fngo Store, fqxt Store, frhd Store, ftjg Store, fxhf Store, fzctb1 Store, fzctq8 Store, g55g Store, g7fc Store, gk3u Store, gp0b Store, grab Store, gtda Store, gudj Store, gv0i Store, gwnz Store, gyyw Store, h024 Store, h151 Store, hbtq Store and hkshenyusheng04 Store added to case caption. |
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NEW PARTIES: hubare Store, hvug Store, i04o Store, i5jm Store, i9ge Store, iqya Store, isua Store, j4rj Store, jcuz Store, jfoh Store, jiuningmaoyi Store, jivt Store, journeyfire Store, jrdx Store, k6wu Store, kcpq Store, kttv Store, lka2s Store, ll0e Store, lpdiy Store, lpnj Store, lyouyid7 Store, lyouyih6 Store, lyouyip0 Store, lyouyiq3 Store, lzx7p Store, m625 Store, m6uw Store, maxthonsky Store, meido Store, mham Store, mkol Store, mom2 Store, mvrf Store, nhat Store, nir0 Store, nktk Store, nncy Store, nvni Store, o0uf Store, o2sm Store, obqx Store, ohyi Store, ok81 Store, omjb Store, omzs Store, onso Store, oood Store, oqbi Store, p1ux Store, p28v Store, pfzctr01 Store, pfzctr1 Store, phiboys Store, phkfuzecheng04 Store and pjinruiele Store added to case caption. |
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NEW PARTIES: plwd Store, pyouyig2 Store, pyuekai Store, q19k Store, q4gv Store, q7qo Store, qcvf Store, qds9 Store, qdxc Store, qg8i Store, qlxh Store, qq3f Store, qu1r Store, qvsu Store, qywz Store, ra9j Store, s8yq Store, sellerwin Store, siyitech Store, sjvb Store, skxl Store, smokerfactory Store, ss8t Store, sugy Store, syxz Store, tengdaele168 Store, tke5 Store, tncb Store, tobaccoshop Store, tp4r Store, treasurehunt168 Store, trud Store and truster_factory Store added to case caption. |
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NEW PARTIES: ttdi Store, ttre Store, tvsfj1861yl Store, u1gx Store, u8tr Store, uaum Store, uiux Store, uxyf Store, uygm Store, v0al Store, v1bh Store, v1sb Store, v7pk Store, vdep Store, vggs Store, vhsq Store, vkdw Store, vkgzd5800ug Store, vlp7 Store, vt3t Store, w4jp Store, w7o9 Store, w9ro Store, wkgn Store, wmpr Store, womg Store, wwsk Store, x7kg Store, xiongwei1994 Store, xsqh Store, xuc7 Store, y0ls Store, y12l Store, y1vh Store, y5s4 Store, y9d0 Store, yape Store, ygim Store, yihaigood Store, ymam Store, yp5a Store, yvgd Store, z08u Store, z5si Store, z6bq Store, zhoushenghua1 Store, zhtb Store, zplj Store, zrqg Store and zwtj Store added to case caption. |
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48
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2023-07-10 |
NOTICE of Voluntary Dismissal by Zorro Productions, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 28, 36, 44 |
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49
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2023-08-15 |
NOTICE of Voluntary Dismissal by Zorro Productions, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 16, 19 |
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50
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2023-08-18 |
DECLARATION of William B. Kalbac Declaration of Service |
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51
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2023-08-18 |
MOTION by Plaintiff Zorro Productions, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A |
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[+]
52
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2023-08-18 |
MEMORANDUM by Zorro Productions, Inc. in support of motion for default judgment 51 |
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Exhibit 1 |
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(Exhibit 2) |
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[+]
53
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2023-08-18 |
DECLARATION of Michael A. Hierl regarding motion for default judgment 51 |
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(Exhibit Hierl Exhibit 1) |
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54
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2023-08-25 |
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 51 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 8/30/2023. 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 |
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55
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2023-08-25 |
CERTIFICATE of Service by Plaintiff Zorro Productions, Inc. Proof of Service |
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56
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2023-08-31 |
ORDER: No Defendant has responded to Plaintiff's motion (Dkt. 51) for entry of default judgment, no Defendant has responded. Accordingly, the motion is granted. Because Defendants directly target their business activities toward consumers in the United States, including Illinois, this Court has personal jurisdiction over Defendants. Am. Bridal & Prom Indus. Ass'n v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 192 F. Supp. 3d 924, 934 (N.D. Ill. 2016). Plaintiff has presented screenshot evidence that each Defendant Internet Store is reaching out to do business with Illinois residents by operating one or more commercial, interactive Internet Stores through which Illinois residents can and do purchase infringing products. See, e.g., Dkt. 11. In addition, based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction is warranted. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. Defendants' infringement was willful and statutory damages are thus awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants (Plaintiff has not sought an accounting of profits), the value of Plaintiff's brands, and the need to deter infringement that is easily committed and difficult to stop, the Court finds that $100,000 per distinct Defendant is an appropriate award of statutory damages under 15 U.S.C. § 1117(c)(2) for Defendants' willful use of counterfeit trademarks. Enter separate Final Judgment Order. Civil case terminated. Signed by the Honorable John F. Kness on 8/31/2023. Mailed notice. |
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57
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2023-08-31 |
FINAL JUDGMENT ORDER. Signed by the Honorable John F. Kness on 8/31/2023. Mailed notice. |
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58
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2023-09-12 |
SATISFACTION of Judgment |
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59
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2023-10-19 |
SATISFACTION of Judgment |
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60
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2023-11-14 |
SATISFACTION of Judgment |
