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2023-cv-05640

Spin Master Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院:伊利诺伊州北法院
发案日期:2023-08-17
原告:SPIN MASTER LTD.
代理律所:GBC
诉讼类型:商标
# Date Description
[+] 1 2023-08-17 COMPLAINT filed by Spin Master Ltd., Spin Master Toys UK Limited; Filing fee $ 402, receipt number AILNDC-20942713.
2 2023-08-17 SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Schedule A regarding complaint[1]
3 2023-08-17 MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for leave to file under seal
4 2023-08-17 CIVIL Cover Sheet
5 2023-08-17 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master Toys UK Limited
6 2023-08-17 Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master Toys UK Limited
[+] 7 2023-08-17 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Justin R. Gaudio
[+] 8 2023-08-17 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Amy Crout Ziegler
9 2023-08-17 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Justin Tyler Joseph
10 2023-08-17 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Trevor Christian Talhami
11 2023-08-18 MAILED trademark report to Patent Trademark Office, Alexandria VA.
12 2023-08-18 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
13 2023-08-18 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion for leave to file under seal 3 is granted. Mailed notice
14 2023-08-22 MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
15 2023-08-22 MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for temporary restraining order[14]
[+] 16 2023-08-22 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15]
[+] 17 2023-08-22 DECLARATION of Chris Harrs regarding memorandum in support of motion[15]
18 2023-08-22 SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Exhibit 2 - Parts 1-6 regarding declaration[17]
19 2023-08-22 MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
20 2023-08-22 MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for miscellaneous relief[19]
[+] 21 2023-08-22 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20]
22 2023-08-22 NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[14], motion for miscellaneous relief[19] before Honorable Virginia M. Kendall on 8/28/2023 at 09:00 AM.
23 2023-08-24 MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Motion hearing set for 8/28/2023 is reset for 8/30/2023 at 9:30 AM. Mailed notice
24 2023-08-30 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 8/30/2023. Plaintiff's Motion for electronic service of process 19 is granted. Plaintiff's Sealed Motion for Temporary Restraining 14 is granted and shall remain in effect up to and including 9/13/2023. Sealed Order to follow. Status hearing set for 9/13/2023 at 9:00 AM. Mailed notice
25 2023-08-30 SEALED Temporary Restraining Order signed by the Honorable Virginia M. Kendall on 8/30/2023. Mailed notice
26 2023-09-01 SURETY BOND in the amount of $ 10,000.00 posted by Spin Master Ltd., Spin Master Toys UK Limited. (Document not imaged)
27 2023-09-08 MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for extension of time of Temporary Restraining Order
[+] 28 2023-09-08 MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of extension of time 27
29 2023-09-08 NOTICE of Motion by Justin Tyler Joseph for presentment of extension of time 27 before Honorable Virginia M. Kendall on 9/13/2023 at 09:00 AM.
30 2023-09-11 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion to extend Temporary Restraining Order 27 is granted. Temporary Restraining Order shall remain in effect up to and including 9/27/2023. Status hearing is reset for 9/27/2023 at 9:00 AM. Motion hearing set for 9/13/2023 is stricken. Mailed notice
[+] 31 2023-09-22 MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for preliminary injunction as to Certain Defendants
[+] 32 2023-09-22 MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for preliminary injunction 31
[+] 33 2023-09-22 NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction 31 before Honorable Virginia M. Kendall on 9/27/2023 at 09:00 AM.
[+] 34 2023-09-25 SUMMONS Returned Executed by Spin Master Ltd., Spin Master Toys UK Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/25/2023, answer due 10/16/2023.
35 2023-09-27 MINUTE entry before the Honorable Virginia M. Kendall. Motion and Status hearing held on 9/27/2023. Plaintiff's Motion for Preliminary Injunction [31] is granted. Order to follow. Status hearing set for 11/8/2023 at 9:00 AM. Mailed notice
[+] 36 2023-09-27 PRELIMINARY Injunction Order signed by the Honorable Virginia M. Kendall on 9/27/2023. Mailed notice
37 2023-09-28 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants
38 2023-10-02 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to Certain Defendants
39 2023-10-05 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants
40 2023-10-12 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants
41 2023-10-18 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain Defendants
[+] 42 2023-10-18 MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for default judgment as to all Defendants
[+] 43 2023-10-18 MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for entry of default, motion for default judgment, 42
[+] 44 2023-10-18 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 43
[+] 45 2023-10-18 NOTICE of Motion by Justin Tyler Joseph for presentment of motion for entry of default, motion for default judgment, 42 before Honorable Virginia M. Kendall on 10/30/2023 at 09:00 AM.
46 2023-10-26 GENERAL ORDER 23-0040: EXECUTIVE COMMITTEE ORDER: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Jeffrey I. Cummings; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Jeffrey I. Cummings; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Jeffrey I. Cummings' webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's criminal case assignment system ninety (90) days so that Judge Cummings shall thereafter receive a full share of such cases. Case reassigned to the Honorable Jeffrey I Cummings for all further proceedings. Honorable Virginia M. Kendall no longer assigned to the case. Signed by Honorable Jeffrey I Cummings on 10/26/23.
47 2023-10-27 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 10/30/2023 and Status hearing set for 11/8/2023 are stricken due to case being reassigned to Judge Cummings. Mailed notice
48 2023-10-30 ORDER : STANDING ORDER REGARDING REASSIGNED CIVIL CASES: This case has been re-assigned to the initial calendar of Judge Jeffrey I. Cummings. All previously set status and motion hearing dates are stricken. All previously set discovery deadlines and briefing schedules remain intact. Signed by the Honorable Jeffrey I Cummings on 10/30/2023: Mailed notice.
49 2023-11-02 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants
[+] 50 2023-11-09 STATUS Report pursuant to 48 by Spin Master Ltd., Spin Master Toys UK Limited
51 2023-11-09 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants
52 2023-11-16 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant
53 2023-11-20 MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the plaintiff's status report 50. The Court will review plaintiff's motion for default 42 and will either issue a ruling by mail or set a hearing if appropriate. Mailed notice
54 2023-11-30 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants
55 2023-12-08 MINUTE entrybefore the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion 42 for entry of default and default judgment against the remaining defendants. All remaining defendants have failed to either plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure against the remaining defendants. Any objections to the motion for entry of default judgment must be filed on or before 12/15/23. 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
[+] 56 2023-12-08 CERTIFICATE of Service by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited regarding set motion and R&R deadlines/hearings, 55
57 2023-12-21 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant
58 2023-12-28 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant
59 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.
60 2024-01-04 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant
61 2024-04-05 MINUTE entry before the Honorable Jeffrey I Cummings: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 42 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 (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $150,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice
62 2024-04-05 FINAL JUDGMENT ORDER. Signed by the Honorable Jeffrey I Cummings on 4/5/2024. Mailed notice
63 2024-06-13 FULL SATISFACTION of Judgment regarding order 62 in the amount of $150,000 as to certain defendant
64 2024-06-28 FULL SATISFACTION of Judgment regarding order 62 in the amount of $150,000 as to certain defendants
65 2024-07-11 FULL SATISFACTION of Judgment regarding order[62] in the amount of $150,000 as to certain defendants
66 2024-07-18 FULL SATISFACTION of Judgment regarding order[62] in the amount of $150,000 as to certain defendant
67 2024-07-25 FULL SATISFACTION of Judgment regarding order[62] in the amount of $150,000 as to certain defendant
68 2024-07-25 NOTICE of withdrawal of surety bond [26] by John Summerfield. (Received at the Intake Counter on 07/25/24)
69 2024-09-19 FULL SATISFACTION of Judgment regarding order[62] in the amount of $150,000 as to certain defendant
70 2024-11-14 FULL SATISFACTION of Judgment regarding order[62] in the amount of $150,000 as to certain defendant
71 2025-04-17 FULL SATISFACTION of Judgment regarding order[62] in the amount of $150,000 as to certain defendant
72 2025-05-15 FULL SATISFACTION of Judgment regarding order[62] in the amount of $150,000 as to certain defendant