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2023-cv-03609

Pit Viper, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院:伊利诺伊州北法院
发案日期:2023-06-07
原告:Pit Viper, LLC
代理律所:GBC
诉讼类型:商标
# Date Description
[+] 1 2023-06-07 COMPLAINT filed by Pit Viper, LLC; Filing fee $ 402, receipt number AILNDC-20715035.
2 2023-06-07 SEALED EXHIBIT by Plaintiff Pit Viper, LLC Schedule A regarding complaint[1]
3 2023-06-07 MOTION by Plaintiff Pit Viper, LLC for leave to file under seal
4 2023-06-07 CIVIL Cover Sheet
5 2023-06-07 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pit Viper, LLC
6 2023-06-07 Notice of Claims Involving Trademarks by Pit Viper, LLC
7 2023-06-07 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Justin R. Gaudio
8 2023-06-07 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Amy Crout Ziegler
9 2023-06-07 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Rachel S Miller
[+] 10 2023-06-07 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Trevor Christian Talhami
[+] 11 2023-06-08 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
12 2023-06-08 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
13 2023-06-09 MOTION by Plaintiff Pit Viper, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
14 2023-06-09 MEMORANDUM by Pit Viper, LLC in support of motion for temporary restraining order 13
[+] 15 2023-06-09 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14
[+] 16 2023-06-09 DECLARATION of Vance Lommen regarding memorandum in support of motion 14
[+] 17 2023-06-09 SEALED EXHIBIT by Plaintiff Pit Viper, LLC Exhibit 2 - Parts 1 - 4 regarding declaration 16
18 2023-06-09 MOTION by Plaintiff Pit Viper, LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
19 2023-06-09 MEMORANDUM by Pit Viper, LLC in support of motion for miscellaneous relief 18
[+] 20 2023-06-09 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19
21 2023-06-14 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to file under seal 3 and motion for electronic service of process 18 are granted. Plaintiff's motion for entry of an ex parte temporary restraining order (etc.) 13 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 6/28/2023 at 8:55 AM. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053. Any motion to extend the TRO or motion for preliminary injunction must be filed by no later than 6/23/2023. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. Mailed notice.
22 2023-06-14 SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 6/14/2023.
[+] 23 2023-06-20 SURETY BOND in the amount of $ 10,000 posted by Pit Viper, LLC. (Document not scanned.)
[+] 24 2023-06-23 MOTION by Plaintiff Pit Viper, LLC for preliminary injunction as to Certain Defendants
[+] 25 2023-06-23 MEMORANDUM by Pit Viper, LLC in support of motion for preliminary injunction[24]
[+] 26 2023-06-23 SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/23/2023, answer due 7/14/2023.
27 2023-06-24 PRELIMINARY INJUNCTION ORDER AS TO DEFENDANTS 45 THROUGH 120 Ssgned by the Honorable Matthew F. Kennelly on 6/24/2023: Motion for preliminary injunction as to defendants 45 through 120 24 is granted. Telephonic hearing set for 6/28/2023 remains in place to address the remaining defendants.
[+] 28 2023-06-28 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic preliminary injunction hearing held on 6/28/2023. Case is set for a telephonic status hearing on 7/31/2023 at 9:05 a.m. Plaintiff is directed to file a status report on 7/24/2023. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053. 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. Mailed notice.
29 2023-07-06 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendant
30 2023-07-07 ATTORNEY Appearance for Defendants BOLLFO Direct, BOWILL STORE, PSATCL outdoor shop, SABSAN STORE by Timothy Tiewei Wang
31 2023-07-12 ATTORNEY Appearance for Defendant Karsaer Vision by Jiyuan Zhang
32 2023-07-12 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Karsaer Vision to Plaintiff's Complaint [Dkt #1]
33 2023-07-13 MINUTE entry before the Honorable Matthew F. Kennelly: Response to defendant Karsaer Vision's motion to dismiss [32] is to be filed by 7/28/2023. Reply to response is to be filed by 8/7/2023.
34 2023-07-13 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants
35 2023-07-13 ATTORNEY Appearance for Defendant IKTOD by Adam Edward Urbanczyk
36 2023-07-13 MOTION by Defendant IKTOD for extension of time UNOPPOSED
37 2023-07-14 ATTORNEY Appearance for Defendants MALIDAK-US, MARIDA-US, NICBOOY-US, Novoto USA, Wenzhou Guarken Eyewear Co., Ltd., fadflw shop by Adam Edward Urbanczyk
38 2023-07-14 MOTION by Defendants MALIDAK-US, MARIDA-US, NICBOOY-US, Novoto USA, Wenzhou Guarken Eyewear Co., Ltd., fadflw shop for extension of time UNOPPOSED
39 2023-07-15 MINUTE entry before the Honorable Matthew F. Kennelly: The unopposed motions by defendants IKTOD [36] and MALIDAK-US, MARIDA-US, NICBOOY-US, Novoto USA, Wenzhou Guarken Eyewear Co., Ltd., fadflw shop [38] for extension of time are granted; responses to complaint are to be filed by 8/3/2023.
40 2023-07-20 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants
[+] 41 2023-07-24 SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/24/2023, answer due 8/14/2023.
[+] 42 2023-07-24 STATUS Report per [28] by Pit Viper, LLC
43 2023-07-26 MOTION by Plaintiff Pit Viper, LLC for sanctions pursuant to Rule 37 of the Federal Rules of Civil Procedure
[+] 44 2023-07-26 DECLARATION of Rachel S. Miller regarding motion for sanctions[43]
45 2023-07-26 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed plaintiff's status report. The telephonic status hearing set for 7/31/2023 is vacated and reset to 8/23/2023 at 9:05 a.m. A joint status report is to be filed on 8/16/2023. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053.
46 2023-07-27 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants
47 2023-07-27 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for sanctions or to stay briefing on motion to dismiss [43] is set for a telephonic hearing on 8/3/2023 at 9:10 AM, using call-in number 888-684-8852, access code 746-1053. If defendant Karsaer Vision wishes to file a written response to the motion, it must do so by no later than 12:00 noon Central Time on 8/2/2023.
48 2023-07-28 RESPONSE by Pit Viper, LLC to First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Karsaer Vision to Plaintiff's Complaint [Dkt #1] [32]
49 2023-08-01 RESPONSE by Karsaer Visionin Opposition to MOTION by Plaintiff Pit Viper, LLC for sanctions pursuant to Rule 37 of the Federal Rules of Civil Procedure [43]
[+] 50 2023-08-01 DECLARATION of of Jiyuan Zhang regarding response in opposition to motion[49]
51 2023-08-03 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Jake Michael Christensen
52 2023-08-03 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants
53 2023-08-03 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 8/3/2023. Defendant is directed to serve written responses to plaintiff's counsel regarding the discovery requests by 8/8/2023. Case remains set for a telephonic status hearing on 8/23/2023 [45]. Mailed notice.
54 2023-08-03 MOTION by Defendants IKTOD, MALIDAK-US, MARIDA-US, NICBOOY-US, Novoto USA, Wenzhou Guarken Eyewear Co., Ltd., fadflw shop for extension of time UNOPPOSED
55 2023-08-04 MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion by defendants IKTOD, MALIDAK-US, MARIDA-US, NICBOOY-US, Novoto USA, Wenzhou Guarken Eyewear Co., Ltd., and fadflw shop for extension for extension of time [54] is granted; due date for response to complaint is extended to 8/24/2023.
56 2023-08-07 REPLY by Karsaer Vision to response to motion[48] and in support of MTD [Dkt 32]
57 2023-08-10 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants
[+] 58 2023-08-16 STATUS Report (joint) by Pit Viper, LLC
59 2023-08-17 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendant
[+] 60 2023-08-18 MOTION by Plaintiff Pit Viper, LLC for entry of default, MOTION by Plaintiff Pit Viper, LLC for default judgment as to all Defendants with the exception of Certain Defendants
[+] 61 2023-08-18 MEMORANDUM by Pit Viper, LLC in support of motion for entry of default, motion for default judgment, [60]
[+] 62 2023-08-18 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[61]
63 2023-08-18 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 9:05 AM on 8/23/2023 is advanced to 8:55 AM on that same date. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053.
64 2023-08-19 DEFAULT JUDGMENT ORDER AS TO CERTAIN DEFENDANTS signed by the Honorable Matthew F. Kennelly on 8/19/2023: Motion for entry of default judgment as to certain defendants [60] is granted.
65 2023-08-22 MINUTE entry before the Honorable Matthew F. Kennelly: Before the Court is plaintiff's motion for sanctions, which involves allegedly incomplete responses, or non-responses, to certain written discovery requests. The problem the Court has at this point is that neither the motion nor the response appears to include the written discovery requests in their entirety (defendant's responses, which it has provided, do not repeat the requests it was responding to). Plaintiff is directed to file a supplement to its motion by no later than 4:00 PM Central Time today that includes the written discovery requests at issue in their entirety.
[+] 66 2023-08-22 Supplemental report to Motion for Sanctions [43] by Pit Viper, LLC pursuant to [65]
67 2023-08-23 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/23/2023. Plaintiff's motion for sanctions [43] is taken under advisement. Defendant Karsaer Visionin is given until 9/6/2023, to provide complete answers to the plaintiff's interrogatories and requests for productions of documents. A joint status report regarding the production of documents is due 9/13/2023. Defendant SLADLW is given until 9/6/2023 to respond to the complaint. Case is set for a telephonic status hearing on 9/20/2023 at 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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. Mailed notice.
68 2023-08-31 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendant
[+] 69 2023-09-13 STATUS Report per [67] by Pit Viper, LLC
70 2023-09-13 SEALED EXHIBIT by Plaintiff Pit Viper, LLC Exhibit 2 regarding status report[69]
71 2023-09-14 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. The Court does not believe a sanction is appropriate for the 7-day delay in defendant's responses to plaintiff's discovery requests. The parties should be prepared to address the adequacy of the responses at the upcoming status hearing.
72 2023-09-14 FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, terminate motions[64] in the amount of $100,000 as to certain defendant
73 2023-09-20 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 9/20/2023. Counsel for defendant Karsaer Vision did not appear for the hearing. Oral ruling made on the motion to dismiss. Defendant Karsaer Vision's motion to dismiss [32[ is denied for the following reasons: (1) The complaint adequately alleges facts supporting the claim of trademark infringement; (2) The complaint provides sufficient detail to inform the defendant the basis for the claim; and (3) Defendant is properly joined because the complaint sufficiently alleges a series of transactions within the meaning of Federal Rule of Civil Procedure 20. This is because the defendants are alleged to have violated the trademark in identical or nearly identical ways and by selling identical or nearly identical products. The defendant is directed to answer the complaint by 10/4/2023. The plaintiff is directed to file a supplement to their motion for sanctions [43] by 10/4/2023. Defendant has until 10/18/2023 to file a response to the motion for sanctions. Telephonic ruling hearing on the motion for sanctions is set for 10/27/2023 at 8:55 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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. Mailed notice.
[+] 74 2023-10-04 SUPPLEMENT to motion for sanctions[43] per [73]
75 2023-10-04 MOTION by Defendant Karsaer Vision for extension of time to file answer regarding complaint[1] by 10/18/2023
76 2023-10-05 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Karsaer Vision's motion for extension of time [75] is granted; deadline for filing answer to complaint is extended to 10/18/2023. This deadline will not be extended again. A telephonic status hearing is set for 10/27/2023 at 8:55 AM, using call-in number 888-684-8852, access code 746-1053.
77 2023-10-17 ANSWER to Complaint by Karsaer Vision
78 2023-10-17 REPLY by Defendant Karsaer Vision to supplement[74] motion for sanction
79 2023-10-27 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic ruling on a motion hearing held on 10/27/2023. Plaintiff's motion for sanctions [43] is entered and continued to 11/9/2023. The defendant has until 11/6/2023 to provide a full and complete response to plaintiff's interrogatories 3 and 6. The response is to be filed on the record by 11/7/2023. Case is set for a telephonic status hearing on 11/9/2023 at 8:55 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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. Mailed notice.
80 2023-11-04 Complete response to Plaintiff's 1st set of interrogatories Nos. 3 & 6 by Karsaer Vision
81 2023-11-06 MOTION by Plaintiff Pit Viper, LLC to strike answer to complaint[77]
82 2023-11-07 MINUTE entry before the Honorable Matthew F. Kennelly: The parties should be prepared to address plaintiff's motion to strike affirmative defenses [81] at the telephonic status hearing set for 11/9/2023 at 8:55 AM.
83 2023-11-09 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status and motion hearing held on 11/9/2023. Plaintiff's motion for sanctions [43] is denied without prejudice. Plaintiff's motion to strike answer [81] is granted for the reasons stated on the record. The answer is stricken with leave to amend by 11/22/2023. All fact discovery is to be completed by 2/16/2024. Case is set for a telephonic status hearing on 1/11/2024 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. The parties are directed to file a detailed joint status report on discovery and any settlement discussions by 1/4/2024. 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. Mailed notice.
84 2023-11-16 FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, terminate motions[64] in the amount of $100,000 as to certain defendants
85 2023-11-21 First Amended ANSWER to Complaint with Jury Demand by Karsaer Vision
86 2023-12-21 MOTION by Attorney Jake M. Christensen to withdraw as attorney for Pit Viper, LLC. No party information provided
87 2023-12-22 MINUTE entry before the Honorable Matthew F. Kennelly: Motion by attorney Jake M. Christensen to withdraw as attorney for Pit Viper, LLC is granted [86].
88 2023-12-28 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 12/28/2023: Mailed notice.
89 2024-01-09 STIPULATION of Dismissal
90 2024-01-10 MINUTE entry before the Honorable Matthew F. Kennelly: All claims against defendant Karsaer Vision are dismissed with prejudice and without costs pursuant to the parties' stipulation. The Clerk is directed to close the case because this order disposes of the last remaining defendant. Civil case terminated. Mailed notice.
91 2024-03-29 NOTICE of withdrawal of Surety bond 23 by John Summerfield. (Received at the Intake Counter on 03/29/24) (Received for docketing 04/05/24)
92 2024-10-31 FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, terminate motions 64 in the amount of $100,000 as to certain defendant