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2023-cv-05601

Art Ask Agency v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

法院:伊利诺伊州北法院
发案日期:2023-08-17
原告:Art Ask Agency
代理律所:HSP
诉讼类型:版权
# Date Description
[+] 1 2023-08-17 COMPLAINT filed by Art Ask Agency; Jury Demand. Filing fee $ 402, receipt number AILNDC-20938914.
2 2023-08-17 CIVIL Cover Sheet
3 2023-08-17 ATTORNEY Appearance for Plaintiff Art Ask Agency by Michael A. Hierl
4 2023-08-17 ATTORNEY Appearance for Plaintiff Art Ask Agency by William Benjamin Kalbac
5 2023-08-17 ATTORNEY Appearance for Plaintiff Art Ask Agency by Robert Payton Mcmurray
6 2023-08-17 MOTION by Plaintiff Art Ask Agency to seal document Plaintiff's Motion for Leave to File Under Seal
7 2023-08-17 SEALED DOCUMENT by Plaintiff Art Ask Agency Sealed Schedule A
[+] 8 2023-08-17 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Art Ask Agency
9 2023-08-17 MOTION by Plaintiff Art Ask Agency 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
[+] 10 2023-08-17 MEMORANDUM by Art Ask Agency in support of motion for temporary restraining order, 9
11 2023-08-17 SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 1 of Strid Declaration
12 2023-08-17 SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 2 of Strid Declaration
13 2023-08-17 SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 3 of Strid Declaration
14 2023-08-17 SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 4 of Strid Declaration
15 2023-08-17 SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 5 of Strid Declaration
16 2023-08-17 SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 6 of Strid Declaration
17 2023-08-17 SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 7 of Strid Declaration
18 2023-08-17 SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 8 of Strid Declaration
19 2023-08-17 SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 9 of Strid Declaration
20 2023-08-17 SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 10 of Strid Declaration
21 2023-08-17 SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 11 of Strid Declaration
22 2023-08-17 SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 12 of Strid Declaration
23 2023-08-17 NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 9 before Honorable Manish S. Shah on 8/23/2023 at 09:45 AM.
24 2023-08-18 MAILED copyright report to Registrar, Washington DC.
25 2023-08-21 MINUTE entry before the Honorable Manish S. Shah: No appearance on 8/23/23 is necessary. The ex parte motion for a TRO is taken under advisement. Plaintiff must file an additional exhibit in support of the motion that identifies the copyrighted work (by registration number and title) allegedly infringed by each specific defendant, with citations to the page number (using the CM/ECF header) of the supporting screen shot (i.e., a table listing all defendants with corresponding columns for the copyright registration number and citation to the evidence). The court is not inclined to issue an injunction covering all of the works if the supporting evidence does not involve every cited work. If plaintiff's evidence supports infringement of one work, that does not suggest to this court a likelihood of success on the merits of a claim of infringement of some other work. That a defendant allegedly uses the Celtic Dragon work on a mouse pad does not suggest that that defendant is likely to use the Realm of Enchantment work on another product. Plaintiff has leave to file the requested exhibit under seal, and the exhibit must be filed by 8/25/23. Notices mailed.
26 2023-08-25 NOTICE of Voluntary Dismissal by Art Ask Agency Plaintiff's Notice of Voluntary Dismissal as to Certain Defendant
27 2023-08-25 by Art Ask Agency Supplemental Exhibit
28 2023-08-29 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal 6 is granted. The motion for a temporary restraining order, asset restraint, expedited discovery, and electronic service of process 9 is granted in part. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The submitted evidence establishes a likelihood of success on the merits as to one copyrighted work, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. 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 is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, and personal jurisdiction. The number of defendants suggests improper joinder and increases the risk that an injunction is wrongful. Plaintiff must post security in the amount of $100,000 by 9/5/23 to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices mailed.
29 2023-08-29 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 8/29/2023. Notices mailed.
30 2023-09-11 MOTION by Plaintiff Art Ask Agency for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order
31 2023-09-12 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 30 is granted. The TRO is extended to 9/26/23. Notices mailed.
32 2023-09-15 SURETY BOND in the amount of $ 100,000.00 posted by Art Ask Agency. (Document not imaged)
33 2023-09-21 MOTION by Plaintiff Art Ask Agency for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
34 2023-09-21 MEMORANDUM by Art Ask Agency in support of motion for preliminary injunction 33
35 2023-09-21 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 33
[+] 36 2023-09-21 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 33 before Honorable Manish S. Shah on 9/26/2023 at 09:45 AM.
37 2023-09-26 SUMMONS Returned Executed by Art Ask Agency as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 9/22/2023, answer due 10/13/2023.
38 2023-09-26 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction 33 is granted. Enter Preliminary Injunction Order. 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. Notices mailed.
[+] 39 2023-09-26 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 9/26/2023. Notices mailed.
40 2023-12-06 CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Art Ask Agency
[+] 41 2023-12-06 MOTION by Plaintiff Art Ask Agency for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
[+] 42 2023-12-06 MEMORANDUM by Art Ask Agency in support of motion for default judgment, 41
[+] 43 2023-12-06 DECLARATION of Michael A. Hierl regarding motion for default judgment, 41
44 2023-12-06 NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 41 before Honorable Manish S. Shah on 12/13/2023 at 09:45 AM.
45 2023-12-07 MINUTE entry before the Honorable Manish S. Shah: No appearance on the motion for entry of default judgment is necessary. Any objections to the motion must be properly filed by 12/13/23. If no objections are filed the motion will be considered unopposed. Notices mailed.
46 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.
47 2024-01-16 MINUTE entry before the Honorable Manish S. Shah: No defendants have appeared or objected to the entry of default judgment. The motion 41 is unopposed and granted. For the same reasons preliminary injunctive relief was appropriate, permanent injunctive relief is appropriate. Based on the price point of the products, the absence of any evidence of lost sales or profits, and the need to deter infringement that is easy to commit, the court concludes that $25,000 is an appropriate award of statutory damages. Plaintiff's counsel must submit a proposed order to proposed_order_shah@ilnd.uscourts.gov. Notices mailed.
48 2024-02-12 MINUTE entry before the Honorable Manish S. Shah: Counsel did not submit a proposed default judgment order. The court assumes plaintiff resolved the case. The preliminary injunction is vacated. Terminate civil case. Notices mailed.
49 2024-02-13 MOTION by Plaintiff Art Ask Agency Plaintiff's Motion to Reopen and Enter Default and Default Judgment Order
50 2024-02-13 NOTICE of Motion by Michael A. Hierl for presentment of motion for miscellaneous relief[49] before Honorable Manish S. Shah on 2/20/2024 at 09:45 AM.
51 2024-02-14 MINUTE entry before the Honorable Manish S. Shah: The motion to reopen and enter default judgment 49 is granted, and no appearance is necessary. Enter Default Judgment. Notices mailed.
52 2024-02-14 DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 2/14/2024. Notices mailed.
53 2024-02-21 MAILED copyright report with certified copy of orders dated 2/14/2024 to Registrar, Washington DC.