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2023-cv-02301

Givenchy SA v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院：伊利诺伊州北法院
发案日期：2023-04-12
原告：GIVENCHY SA
代理律所：GBC
诉讼类型：商标
# Date Description
[+] 1 2023-04-12 COMPLAINT filed by Givenchy SA ; Filing fee $ 402, receipt number AILNDC-20534402.
2 2023-04-12 SEALED EXHIBIT by Plaintiff Givenchy SA Schedule A regarding complaint[1]
3 2023-04-12 MOTION by Plaintiff Givenchy SA for leave to file under seal
4 2023-04-12 CIVIL Cover Sheet
5 2023-04-12 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Givenchy SA
6 2023-04-12 Notice of Claims Involving Trademarks by Givenchy SA
7 2023-04-12 ATTORNEY Appearance for Plaintiff Givenchy SA by Justin R. Gaudio
8 2023-04-12 ATTORNEY Appearance for Plaintiff Givenchy SA by Amy Crout Ziegler
9 2023-04-12 ATTORNEY Appearance for Plaintiff Givenchy SA by Kahlia Roe Halpern
[+] 10 2023-04-12 ATTORNEY Appearance for Plaintiff Givenchy SA by Berel Yonathan Lakovitsky
11 2023-04-13 MOTION by Plaintiff Givenchy SA for temporary restraining order Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery
12 2023-04-13 MEMORANDUM by Givenchy SA in support of motion for temporary restraining order 11
[+] 13 2023-04-13 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12
[+] 14 2023-04-13 DECLARATION of Nicolas Lambert regarding memorandum in support of motion 12
[+] 15 2023-04-13 SEALED EXHIBIT by Plaintiff Givenchy SA Exhibit 2 - Parts 1-4 regarding declaration 14
16 2023-04-13 MOTION by Plaintiff Givenchy SA for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
17 2023-04-13 MEMORANDUM by Givenchy SA in support of motion for miscellaneous relief 16
[+] 18 2023-04-13 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17
[+] 19 2023-04-19 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order [11], and motion for electronic service of process [16] are granted. 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 [2] and [15]. The Temporary Restraining Order being entered along with this minute 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.
21 2023-04-24 SURETY BOND in the amount of $ 10,000 posted by Givenchy SA. (Document not Scanned)
22 2023-04-28 MOTION by Plaintiff Givenchy SA for extension of time of Temporary Restraining Order
[+] 23 2023-04-28 MEMORANDUM by Givenchy SA in support of extension of time 22
24 2023-04-28 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO by 14 days 22 is granted. The TRO is extended to and including May 17, 2023.Mailed notice.
25 2023-05-11 NOTICE of Voluntary Dismissal by Givenchy SA as to certain defendant
[+] 26 2023-05-12 MOTION by Plaintiff Givenchy SA for preliminary injunction
[+] 27 2023-05-12 MEMORANDUM by Givenchy SA in support of motion for preliminary injunction 26
[+] 28 2023-05-12 SUMMONS Returned Executed by Givenchy SA as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/12/2023, answer due 6/2/2023.
29 2023-05-15 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 26 for entry of a preliminary injunction. In connection with that motion, Plaintiff must 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 by May 19, 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 one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until 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.
[+] 30 2023-05-15 CERTIFICATE of Service by Plaintiff Givenchy SA regarding order on motion for preliminary injunction, text entry, 29
31 2023-05-25 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction [26] 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 [30] 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 shall unseal any documents that are sealed. The Law Firm of Greer, Burns & Crain, Ltd., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.
[+] 32 2023-05-25 Preliminary injunction Order Signed by the Honorable Lindsay C. Jenkins on 5/25/2023. Mailed notice.
33 2023-06-14 NOTICE of Voluntary Dismissal by Givenchy SA as to Certain Defendants
[+] 34 2023-06-14 MOTION by Plaintiff Givenchy SA for entry of default as to all Defendants, MOTION by Plaintiff Givenchy SA for default judgment as to all Defendants
[+] 35 2023-06-14 MEMORANDUM by Givenchy SA in support of motion for entry of default, motion for default judgment[34]
[+] 36 2023-06-14 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[35]
37 2023-06-15 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 34 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 June 21, 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 one business day of its entry on the docket and must promptly file proof of that service. Mailed notice
[+] 38 2023-06-15 CERTIFICATE of Service by Plaintiff Givenchy SA regarding set deadlines, 37
39 2023-06-19 NOTICE of Voluntary Dismissal by Givenchy SA as to a Certain Defendant
40 2023-06-20 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion for entry of default and default judgment against all Defendants 34. 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 June 26, 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 one business day of its entry on the docket and must promptly file proof of that service. Mailed notice.
[+] 41 2023-06-20 CERTIFICATE of Service by Plaintiff Givenchy SA regarding text entry, 40
42 2023-06-27 MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 34 is granted. 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 should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are 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, the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $100,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case closed. Mailed notice.
43 2023-06-27 ENTERED JUDGMENT on 6/27/2023. Mailed notice.
44 2023-07-13 FULL SATISFACTION of Judgment regarding entered judgment 43 in the amount of $100,000 as to certain defendants
45 2023-07-13 NOTICE of withdrawal of bond 21 by Greer, Burns & Crain, LTD
46 2023-09-28 FULL SATISFACTION of Judgment regarding entered judgment 43 in the amount of $100,000 as to certain defendant