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1
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2023-06-26 |
COMPLAINT filed by Pink Floyd (1987) Limited; Filing fee $ 402, receipt number AILNDC-20771409. |
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Exhibit 1 |
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Exhibit 2 |
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(Exhibit 3) |
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2
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2023-06-26 |
CIVIL Cover Sheet |
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3
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2023-06-26 |
ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Keith A. Vogt |
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4
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2023-06-26 |
ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yanling Jiang |
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5
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2023-06-26 |
ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yi Bu |
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6
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2023-06-26 |
ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Adam Grodman |
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7
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2023-06-26 |
ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Cameron Eugene Mcintyre |
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8
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2023-06-26 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pink Floyd (1987) Limited |
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CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Heather K. McShain. 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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2023-06-27 |
MAILED trademark report to Patent Trademark Office, Alexandria VA. |
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10
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2023-06-27 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
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11
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2023-06-27 |
MOTION by Plaintiff Pink Floyd (1987) Limited for leave to file excess pages |
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13
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2023-06-27 |
MEMORANDUM in support of 12 Exparte motion |
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Declaration of Keith A. Vogt |
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Exhibit 1-4, of Keith A. Vogt's declaration |
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Declaration of Thomas Schlegel |
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Exhibit 1, of Thomas Schlegel's declaration |
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(Exhibit 2, of Thomas Schlegel's declaration) |
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14
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2023-07-31 |
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file excess pages 11 and ex parte motion for a temporary restraining order and other relief 12 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, were Defendant 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 Defendant and stopping Defendant's infringing conduct. The accompanying Temporary Restraining Order shall be placed under seal. 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 Defendant 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 Defendant. A transfer of domain names is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify Defendant and to implement the asset freeze. If Defendant appears and objects, the Court will revisit the asset freeze. Enter Sealed Temporary Restraining Order. Mailed notice |
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15
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2023-07-31 |
SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 7/31/2023. Mailed notice. |
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SUMMONS Issued as to Defendant The Owner and/or Operator of Discjapan.com |
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16
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2023-08-01 |
INJUNCTION BOND in the amount of $ $10,000.00 posted by Pink Floyd (1987) Limited. (Document not scanned). |
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17
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2023-08-02 |
MOTION by Plaintiff Pink Floyd (1987) Limited for preliminary injunction |
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18
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2023-08-02 |
MEMORANDUM by Pink Floyd (1987) Limited in support of motion for preliminary injunction 17 |
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Declaration of Keith A. Vogt |
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(Exhibit 1, Declaration of Keith Vogt) |
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19
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2023-08-02 |
SUMMONS Returned Executed by Pink Floyd (1987) Limited as to The Owner and/or Operator of Discjapan.com on 8/2/2023, answer due 8/23/2023. |
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(Declaration of Service) |
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20
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2023-08-10 |
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 17 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all 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 8/14/2023." Plaintiff must file proof of service of the Court's statement within two business days of service. Mailed notice |
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21
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2023-08-10 |
CERTIFICATE of Service by Plaintiff Pink Floyd (1987) Limited regarding order on motion for preliminary injunction, terminate deadlines and hearings, terminate motion and R&R deadlines/hearings, set deadlines, 20 |
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22
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2023-08-25 |
MOTION by Plaintiff Pink Floyd (1987) Limited for default judgment as to The Defendant Identified As The Owner And/Or Operator Of discjapan.com |
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23
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2023-08-25 |
MEMORANDUM by Pink Floyd (1987) Limited in support of motion for default judgment 22 |
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Exhibit 1 |
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Exhibit 2 |
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(Declaration of Keith A. Vogt) |
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24
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2023-08-25 |
ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Monica Rita Martin |
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25
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2023-08-31 |
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 22 for entry of default and default judgment against Defendant. Defendant has 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 objection to the motion for entry of default judgment must be filed on or before 9/5/2023. If no objection isare filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon Defendant forthwith and must file proof of service within one day of service being effected. Mailed notice |
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27
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2023-09-06 |
ORDER signed by the Honorable John F. Kness on 9/6/2023: Plaintiff's motion for entry of default judgment 22 is granted. Plaintiff's motion 17 for a preliminary injunction is dismissed as moot. Enter Final Judgment Order. The ten-thousand-dollar ($10,000) surety bond posted by Pink Floyd (1987) Limited is hereby released to Pink Floyd (1987) Limited or its counsel, Keith Vogt Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Keith Vogt, of Keith Vogt Ltd., 33 W Jackson Blvd, #2W, Chicago, Illinois, 60604 via certified mail. Civil case terminated. Mailed notice |
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28
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2023-09-06 |
FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 9/6/2023. Mailed notice |
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MAILED the ten thousand dollars ($10,000) surety bond posted by Plaintiff to Keith A. Vogt, via Certified Mail Receipt Article Number: 7019 2280 0000 0962 9337. |
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29
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2023-09-15 |
RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0962 9337 executed on 09/11/2023. |
