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2023-cv-06259

Those Characters From Cleveland, LLC 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:2023-08-28
原告:THOSE CHARACTERS FROM CLEVELAND
代理律所:HSP
诉讼类型:商标、版权
# Date Description
[+] 1 2023-08-28 COMPLAINT filed by Those Characters from Cleveland, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-20974262.
2 2023-08-28 CIVIL Cover Sheet
3 2023-08-28 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Michael A. Hierl
4 2023-08-28 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by William Benjamin Kalbac
5 2023-08-28 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Robert Payton Mcmurray
6 2023-08-28 MOTION by Plaintiff Those Characters from Cleveland, LLC to seal document Plaintiff's Motion for Leave to File Under Seal
7 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Sealed Schedule A
[+] 8 2023-08-28 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Those Characters from Cleveland, LLC
9 2023-08-28 MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10 2023-08-28 MOTION by Plaintiff Those Characters from Cleveland, LLC 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
[+] 11 2023-08-28 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for temporary restraining order, 10
12 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 1 of Gorman Declaration
13 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 2 of Gorman Declaration
14 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 3 of Gorman Declaration
15 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 4 of Gorman Declaration
16 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 5 of Gorman Declaration
17 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 6 of Gorman Declaration
18 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 7 of Gorman Declaration
19 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 8 of Gorman Declaration
20 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 9 of Gorman Declaration
21 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 10 of Gorman Declaration
22 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 11 of Gorman Declaration
23 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 12 of Gorman Declaration
24 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 13 of Gorman Declaration
25 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 14 of Gorman Declaration
26 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 15 of Gorman Declaration
27 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 16 of Gorman Declaration
28 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 17 of Gorman Declaration
29 2023-08-28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 18 of Gorman Declaration
30 2023-08-28 Notice of Claims Involving Trademarks by Those Characters from Cleveland, LLC
31 2023-08-29 MAILED trademark report to Patent Trademark Office, Alexandria VA.
32 2023-08-29 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
33 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.
34 2024-01-02 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 6, motion for leave to file excess pages 9, and ex parte motion for a temporary restraining order and other relief 10 are granted in part. Plaintiff's submissions (e.g., Dkt. 11) 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 7 and 12 through 29. 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 under FRCP 65(b)(1). 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 the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks and copyrighted works to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 and infringing 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 several judges have previously noted, there may be reason to question both the propriety of joining 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. The disabling of domain names is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice.
35 2024-01-02 SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 1/2/2024.
36 2024-01-09 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 119
37 2024-01-11 MOTION by Plaintiff Those Characters from Cleveland, LLC for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order
38 2024-01-11 SURETY BOND in the amount of $ 10,000 posted by Those Characters from Cleveland, LLC. (Document not Imaged)
39 2024-01-12 MINUTE entry before the Honorable John F. Kness: Plaintiff's ex parte motion to extend the temporary restraining order 37 is granted. Enter separate order. Mailed notice.
40 2024-01-12 ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 1/12/2024. Mailed notice.
41 2024-01-26 MOTION by Plaintiff Those Characters from Cleveland, LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
42 2024-01-26 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for preliminary injunction 41
[+] 43 2024-01-26 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 41
44 2024-01-29 CERTIFICATE of Service by William Benjamin Kalbac on behalf of Those Characters from Cleveland, LLC
45 2024-01-29 SUMMONS Returned Executed by Those Characters from Cleveland, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 1/26/2024, answer due 2/16/2024.
46 2024-01-29 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 134, 156
47 2024-01-31 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 74
48 2024-02-02 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 115
49 2024-02-05 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
50 2024-02-08 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 65, 100
51 2024-02-12 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 69, 103, 125
52 2024-02-12 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
53 2024-02-19 CERTIFICATE of Service by William Benjamin Kalbac on behalf of Those Characters from Cleveland, LLC
[+] 54 2024-02-19 MOTION by Plaintiff Those Characters from Cleveland, LLC for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A
[+] 55 2024-02-19 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for default judgment, 54
[+] 56 2024-02-19 DECLARATION of Michael A. Hierl regarding motion for default judgment, 54
57 2024-02-19 ATTORNEY Appearance for Defendant kawaiibykay by Michael Thomas Stanley
58 2024-02-19 MOTION by Defendant kawaiibykay for extension of time to file answer regarding complaint 1 Opposed Motion for Extension of Time to Respond to Complaint
59 2024-02-19 Statement as to Briefing Schedule STATEMENT by kawaiibykay
60 2024-02-19 MINUTE entry before the Honorable John F. Kness: The motion 58 of Defendant kawaiibykay (Def. 88) for an extension of time to answer is granted in part over Plaintiff's objection. To be sure, Defendant kawaiibykay does not explicitly address the excusable neglect standard of FRCP 6(b)(1)(B), but excusable neglect can be gleaned from the record for the reasons provided in Defendant kawaiibykay's motion and by the fact that the time to answer just expired on the preceding business day (today being a federal holiday). Put another way, briefing is not necessary to decide the extension motion, and the related interests of both judicial economy and moving this case forward justify resolving the motion now. Defendant kawaiibykay must answer or otherwise respond to the complaint on or before 3/6/2024; no further extensions will be granted. Plaintiff's motion 41 seeking a preliminary injunction will be addressed by separate order. Plaintiff's motion 54 seeking entry of default and default judgment is entered and continued. Mailed notice
61 2024-02-19 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 79
62 2024-02-22 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No.96
63 2024-02-22 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 73
64 2024-02-23 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 41 is granted. Enter separate preliminary injunction order. Plaintiff's filings establish that Plaintiff 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 44 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 Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the docket within five business days. The Clerk is directed to unseal any and all previously-sealed documents. Mailed notice.
[+] 65 2024-02-23 PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 2/23/2024. Mailed notice.
66 2024-02-29 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
67 2024-03-05 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 97
68 2024-03-05 ATTORNEY Appearance for Defendant NOMAD by Hua Chen
69 2024-03-06 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 90
[+] 70 2024-03-08 RESPONSE by NOMADin Opposition to MOTION by Plaintiff Those Characters from Cleveland, LLC for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A 54
71 2024-03-08 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 94
72 2024-03-08 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 92
73 2024-03-11 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 86
74 2024-03-14 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 132
75 2024-03-15 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
76 2024-03-19 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 101
77 2024-03-20 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 68
78 2024-03-28 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 139
79 2024-04-02 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
80 2024-04-05 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 107
81 2024-04-15 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 72
82 2024-05-09 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 104
83 2024-06-07 MINUTE entry before the Honorable John F. Kness: An in-person motion hearing is set for 6/12/2024 at 10:00 A.M. Counsel for Plaintiff and Defendant NOMAD (Hua Chen) are directed to be present in person. Mailed notice.
84 2024-06-10 ATTORNEY Appearance for Defendant NOMAD by Daniel I. Konieczny
85 2024-06-10 STATUS Report STATUS REPORT CONCERNING NOMAD'S WITHDRAWAL OF ITS OPPOSITION TO PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT AND DEFAULT JUDGMENT by NOMAD
86 2024-06-10 MINUTE entry before the Honorable John F. Kness: Defendant NOMAD has filed a status report 85 noting that it has withdrawn its opposition to Plaintiff's motion for entry of default and default judgment. In view of this report, the motion hearing set for 6/12/2024 is stricken. Further case-related direction will be provided by separate order. Mailed notice.
87 2024-06-18 ORDER Plaintiff's motion for default judgment 54 is granted. Civil case terminated. Enter separate Final Judgment Order. Signed by the Honorable John F. Kness on 6/18/2024. Mailed notice.
88 2024-06-18 FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 6/18/2024. Mailed notice.
89 2025-03-28 SATISFACTION of Judgment