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[+]
1
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2023-02-03 |
COMPLAINT filed by Bigfoot 4x4, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20313535. |
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(Exhibit 1) |
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2
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2023-02-03 |
CIVIL Cover Sheet |
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3
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2023-02-03 |
ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Michael A. Hierl |
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4
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2023-02-03 |
ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by William Benjamin Kalbac |
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5
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2023-02-03 |
ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Robert Payton Mcmurray |
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6
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2023-02-03 |
MOTION by Plaintiff Bigfoot 4x4, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal |
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7
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2023-02-03 |
SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Sealed Schedule A |
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[+]
8
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2023-02-03 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bigfoot 4x4, Inc. |
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CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. |
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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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9
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2023-02-03 |
MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
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10
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2023-02-03 |
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 |
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[+]
11
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2023-02-03 |
MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for temporary restraining order, 10 |
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Declaration Trent 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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2023-02-03 |
SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 1 of Trent Declaration |
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13
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2023-02-03 |
SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 2 of Trent Declaration |
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14
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2023-02-03 |
SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 3 of Trent Declaration |
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15
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2023-02-03 |
SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 4 of Trent Declaration |
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16
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2023-02-03 |
SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 5 of Trent Declaration |
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17
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2023-02-03 |
SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 6 of Trent Declaration |
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18
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2023-02-03 |
SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 7 of Trent Declaration |
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19
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2023-02-03 |
Notice of Claims Involving Trademarks by Bigfoot 4x4, Inc. |
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21
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2023-02-09 |
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 motions for leave to file excess pages 9 and for leave to file under seal 6 are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, temporary transfer of the domain names, a temporary asset restraint, electronic service of process, and expedited discovery 10 is 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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22
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2023-02-09 |
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 2/9/2023: |
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23
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2023-02-15 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
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24
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2023-02-16 |
SURETY BOND in the amount of $ 10,000.00 posted by Bigfoot 4x4, Inc. (Document not scanned) |
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25
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2023-02-20 |
MOTION by Plaintiff Bigfoot 4x4, Inc. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order |
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26
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2023-02-21 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the temporary restraining order 25 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 21 entered on 2/9/2023 is extended until 3/9/2023. |
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27
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2023-03-06 |
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 |
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(Exhibit 2) |
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28
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2023-03-06 |
SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 1 |
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29
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2023-03-07 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order [27] 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 [21], [22], entered on 2/9/2023 and extended on 2/21/2023, [26], is extended until 3/23/2023. |
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30
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2023-03-13 |
MOTION by Plaintiff Bigfoot 4x4, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
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31
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2023-03-13 |
MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for preliminary injunction 30 |
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32
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2023-03-13 |
DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 30 |
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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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33
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2023-03-14 |
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 3/13/2023, answer due 4/3/2023. |
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34
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2023-03-14 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve defendants with this notice. The court has taken the motion for preliminary injunction 30 under advisement and will consider the motion unopposed if no defendant appears and objects by 3/28/2023. |
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35
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2023-03-22 |
MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file Motion for Leave to File an Amended Schedule A |
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40
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2023-03-23 |
MOTION by Defendant HobbyPark Official Store to seal Memorandum in Support of Motion to Dissolve/Opposition to Motion for Preliminary Injunction |
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41
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2023-03-23 |
MOTION by Defendant HobbyPark Official Store for order Dissolving Ex Parte Temporary Restraining Order |
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42
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2023-03-23 |
SEALED DOCUMENT by Defendant HobbyPark Official Store Memorandum in Support of Motion to Dissolve/Opposition to Motion for Entry of a Preliminary Injunction |
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Exhibit A (Sun Decl.) |
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(Exhibit B (3-14 Email Thread)) |
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43
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2023-03-23 |
MEMORANDUM by HobbyPark Official Store in support of motion for order 41 and Opposition to Motion for Entry of a Preliminary Injunction |
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Exhibit A (Sun Decl.) |
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(Exhibit B (3-14 Email Thread)) |
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44
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2023-03-23 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 35 is granted. Defendant HobbyPark Official Store dismissed without prejudice and each party shall bear its own attorney's fees and costs. Plaintiff is directed to file an amended Schedule A on the docket by 3/30/2023. Defendant HobbyPark Official Store's subsequently filed motions, 40, 41, are stricken as moot. |
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45
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2023-03-28 |
NOTICE by Bigfoot 4x4, Inc. Notice of Filing |
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(Amended Schedule A) |
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46
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2023-04-10 |
MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file Motion for Leave to File an Amended Schedule A |
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47
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2023-04-11 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 46 is granted. Defendant ABCfigures Store is dismissed with prejudice and each party shall bear its own attorney's fees and costs. Plaintiff is directed to file an amended Schedule A on the docket by 4/18/2023. |
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48
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2023-04-18 |
NOTICE by Bigfoot 4x4, Inc. Notice of Filing |
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(Amended Schedule A) |
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49
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2023-04-27 |
MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file Motion for Leave to File an Amended Schedule A |
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50
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2023-04-28 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 49 is granted. Defendant Dongguan Fozen Technology Co.,Ltd is dismissed with prejudice and each party shall bear its own attorney's fees and costs. Plaintiff is directed to file an amended Schedule A on the docket by 5/4/2023. |
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53
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2023-05-09 |
PRELIMINARY INJUNCTION ORDER. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction 30 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 Schedule A 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. Signed by the Honorable Martha M. Pacold on 5/9/2023. Mailed notice |
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NEW PARTIES: AJRC Official Store, Childhood fun Store, GamesBigBang Store, IPINMOC Official Store, JPL Toys Store, KKRC Store, liangshuo Store, LS Toys Store, LYRC Store, MJ Modol Store, MOC xzy Store, Moms love babies Store, mothers and children Store, quality RC Store, SED Drop Shoppig Store Store, Shop1100271012 Store, Shop1102316349 Store, Shop1102527096 Store, Shop5793926 Store, Shop5871242 Store, Shop5890326 Store, Teddys Bears Store, TF parts Store, Toys with love Store, WEracing Store, Windy Store, XQX Rc Store, yfan rc model Store, YU XIANG-YXZNRC Store, 520 RC hobby Store, ABCfigures Store, AliModel Garden Store, ALLME Store, AUSTARHOBBY Official Store, Baby Home mother and baby products Store, BAKTOY Store, Bear RC Car Store, Beautiful Day 21 Store, CAR COLLECTER Store, Cheerful Bricks Store, Childhood Gift Store, Children's Playground Store Store, Chlidren life Store, Choristes Store, DDAJU DD Store, Dhoby Ghaut Store, Droyuke Official Store, EC Toys Store, electroni Store, Evergreat toy store Store, EXPLOJOY Store, FAYABO Baby Products Store, FID factory Store, Fimonda Official Store, Fortune Furnishing Store, FQYDToys Store, FREEDOMN Store, Funny Baby Dropship Store, GAOKETE RC Store, Great Fortune Toy Store, HAHA-HA Store, Hapybas Toy Store, Hitech RC Car toy Store, HQ Joy Store, huaghuizhenToys Store, Iccan Toys Official Store, JiaJieJian Store, JiaZD RC MODEI PART EXPERT Store, JiKeFun Global Toys Store, JL TOY Store, JUMBO Store, JuMing Lin s store, Keep Loving Baby Store, Kids Clothing75 Store, LECC BLOCK Store, Love to play pro Store, Magikids Store, Malom Club Store, MOC Creator Store, MOC Fingertip Dancer Brick Shop Store, Model Car Parts Store, Monkey-Hobby Store, MSSugar Slippers Store, My Happiness Baby Store, NBRC Store, Nicce Store, PCOOL Model Store, QIODIOToys Store and Qiye toys Online Store added to case caption. |
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NEW PARTIES: Quick Selling Youth Pie Store, RC Enron Store, RC Hobby Accelerator Store, RC Hobby Zone Store, RC model premium Club Store, RC Toy Fans Store, RCAWD Official Store, RCFUN Store, RCtown RC TOY Store, ROCKET-RC Official Store, Rongtoys Store, RS RSRC Official Store, runze01 Store, Ruyi RC Toys Store, Shop1100114017 Store, Shop1100380187 Store, Shop1102088220 Store, Shop1102200227 Store, Shop1102271495 Store, Shop1102322483 Store, Shop1102339279 Store, Shop1102350056 Store, Shop1102475079 Store, Shop1971677 Store, Shop5076296 Store, SJR-WJ Premium Toy Store, Skyquist Official Store, Ssccgym Childlike Official Store, SunnyFan toy Store, Surprise Box Store, T-OP Hobby Store Store, teamfc Store, Tianma xiangyun electronic commerce, TOY MODEL Store, wakwaka Store, WCYXBB Store, Woo-RC Store, World OF Future Store, X-mother And Baby Store, Xi-Bao Store, xiaoyanwanju Store, XIN CHUANG YA Mother & Kids Toy Store, XITO Toy Store, XX Happy Toys Store, yangzer Store, YouKool Hobby Store, Yunzhongfu007 Store, YUYU Baby Stor, ZL RC Store, Dongguan Fozen Technology Co.,Ltd, Foshan City Camping Technology Co., Ltd, Guangzhou Juntu Electronic Technology Co., Ltd., Mores Xiamen Trading Co., Ltd., Shantou Chenghai Baiyuan Toy Craft Factory, Shantou Chenghai Hengya Toys Co., Ltd., Shantou Dowellin Toys Factory, Shantou Hongxunjie Electronic Technology Co., Ltd., Shantou Kouyikou Toys Co., Ltd., Shenzhen Hebeier Technology Co., Ltd., Shenzhen Leige Optoelectronics Co., Ltd., Superior E-Commerce Co., Ltd., Yiwu Dayu Toys Co., Ltd. and Zhejiang Yujian Import Export Co., LTD added to case caption. |
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54
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2023-06-12 |
MINUTE entry before the Honorable Martha M. Pacold: By 6/21/2023, Plaintiff should file a status report informing the court how it seeks to proceed with this case. |
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55
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2023-06-21 |
MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file Motion for Leave to File an Amended Schedule A |
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56
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2023-06-21 |
STATUS Report by Bigfoot 4x4, Inc. |
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57
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2023-06-22 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 55 is granted. Defendants AliModel Garden Store, Keep Loving Baby Store, Shantou Hongxunjie Electronic Technology Co., Ltd., Yiwu Dayu Toys Co., Ltd., and Guangzhou Juntu Electronic Technology Co., Ltd. are dismissed with prejudice and each party shall bear its own attorney's fees and costs. Plaintiff is directed to file an amended Schedule A on the docket by 6/28/2023. |
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58
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2023-06-28 |
NOTICE by Bigfoot 4x4, Inc. Notice of Filing |
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(Amended Schedule A) |
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60
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2023-07-11 |
DECLARATION of William B. Kalbac Declaration of Service |
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61
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2023-07-11 |
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 |
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[+]
62
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2023-07-11 |
MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for default judgment 61 |
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Exhibit 1 |
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(Exhibit 2) |
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[+]
63
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2023-07-11 |
DECLARATION of Michael A. Hierl regarding motion for default judgment 61 |
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(Exhibit Hierl Exhibit 1) |
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64
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2023-07-13 |
MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default and default judgment 61 must enter an appearance and file a written objection by 7/27/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
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65
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2023-07-13 |
CERTIFICATE of Service by Plaintiff Bigfoot 4x4, Inc. |
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66
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2023-07-19 |
STATUS Report by Bigfoot 4x4, Inc. |
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67
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2023-07-28 |
ORDER: In the court's 7/13/23 minute entry 64, it gave all defendants until 7/27/23 to object to plaintiff's motion for entry of default and default judgment 61. The court grants plaintiff's motion 61 for entry of default and default judgment against all defendants identified on Schedule A attached to the court's order. 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 as set forth in the Final Judgment Order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its mark causes it irreparable harm in the form of consumer confusion, loss of customers' goodwill, and reputational harm; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $10,000 bond previously deposited with the Clerk of the Court to plaintiff's counsel, Michael A. Hierl, Hughes Socol Piers Resnick & Dym, Ltd., 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 July 28, 2023. Mailed notice |
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68
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2023-07-28 |
DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on July 28, 2023. Mailed notice |
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69
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2023-08-01 |
SATISFACTION of Judgment |
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70
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2023-09-07 |
SATISFACTION of Judgment |
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71
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2023-10-02 |
SATISFACTION of Judgment |
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72
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2024-01-16 |
SATISFACTION of Judgment |
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73
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2024-04-25 |
SATISFACTION of Judgment |
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74
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2024-06-06 |
SATISFACTION of Judgment |
