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2024-cv-00012

Harley-Davidson Motor Company, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院:伊利诺伊州北法院
发案日期:2024-01-02
原告:H-D U.S.A., LLC
代理律所:GBC
诉讼类型:商标
# Date Description
[+] 1 2024-01-02 COMPLAINT filed by Harley-Davidson Motor Company, Inc.; Filing fee $ 405, receipt number AILNDC-21477697.
2 2024-01-02 SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Schedule A regarding complaint 1
3 2024-01-02 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for leave to file under Seal
4 2024-01-02 CIVIL Cover Sheet
5 2024-01-02 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Harley-Davidson Motor Company, Inc.
6 2024-01-02 Notice of Claims involving Trademarks by Harley-Davidson Motor Company, Inc.
7 2024-01-02 ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Justin R. Gaudio
8 2024-01-02 ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Amy Crout Ziegler
9 2024-01-02 ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Marcella Deshonda Slay
[+] 10 2024-01-02 ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Trevor Christian Talhami
11 2024-01-03 MAILED trademark report to Patent Trademark Office, Alexandria VA.
12 2024-01-03 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
13 2024-01-03 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery
14 2024-01-03 MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for temporary restraining order 13
[+] 15 2024-01-03 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14
[+] 16 2024-01-03 DECLARATION of Adraea M. Brown regarding memorandum in support of motion 14
[+] 17 2024-01-03 SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Exhibit 3 - Parts 1-10 regarding declaration 16
18 2024-01-03 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
19 2024-01-03 MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for miscellaneous relief 18
[+] 20 2024-01-03 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19
21 2024-01-03 NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 13, motion for miscellaneous relief 18, motion for leave to file 3 before Honorable Virginia M. Kendall on 1/9/2024 at 09:00 AM.
22 2024-01-09 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 1/9/2024. Plaintiff's Sealed Motion for Temporary Restraining Order 13 is granted and shall remain in effect up to and including 1/23/2024. Sealed Order to follow. Plaintiff's Motion for leave to file under seal 3 and Motion for electronic service of process are granted. Status hearing set for 1/23/2024 at 9:00 AM. Mailed notice
23 2024-01-09 SEALED Temporary Restraining Order signed by the Honorable Virginia M. Kendall on 1/9/2024. Mailed notice
[+] 24 2024-01-11 INJUNCTION BOND in the amount of $ 10,000.00 posted by Harley-Davidson Motor Company, Inc. (Document not scanned).
25 2024-01-18 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for extension of time of Temporary Restraining Order
[+] 26 2024-01-18 MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of extension of time 25
27 2024-01-18 NOTICE of Motion by Marcella Deshonda Slay for presentment of extension of time 25 before Honorable Virginia M. Kendall on 1/23/2024 at 09:00 AM.
28 2024-01-19 MINUTE entry before the Honorable Virginia M. Kendall: Plaintiff's Ex Parte Motion To Extend The Temporary Restraining Order 25 is granted. Temporary Restraining Order 23 shall remain in effect up to and including 2/6/2024. Motion presentment hearing is stricken. Status hearing is reset to 2/6/2024 at 9:00 AM. Mailed notice
29 2024-01-26 NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants
30 2024-02-01 NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to Certain Defendants
[+] 31 2024-02-01 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for preliminary injunction
[+] 32 2024-02-01 MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for preliminary injunction 31
[+] 33 2024-02-01 NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for preliminary injunction 31 before Honorable Virginia M. Kendall on 2/6/2024 at 09:00 AM.
[+] 34 2024-02-01 SUMMONS Returned Executed by Harley-Davidson Motor Company, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/1/2024, answer due 2/22/2024.
35 2024-02-05 MINUTE entry before the Honorable Virginia M. Kendall. Status and Motion hearing set for 2/6/2024 is reset for 9:30 AM (PLEASE NOTE TIME CHANGE ONLY). Mailed notice
36 2024-02-06 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 2/6/2024. Plaintiff's Motion for Preliminary Injunction 31 is granted. Order to follow. Status hearing set for 3/26/2024 at 9:00 AM. Mailed notice
[+] 37 2024-02-06 PRELIMINARY Injunction Order signed by the Honorable Virginia M. Kendall on 2/6/2024. Mailed notice
38 2024-02-08 NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants
39 2024-02-15 NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendant
40 2024-02-19 ATTORNEY Appearance for Defendant GKmow-Auto-US by Christopher Paul Keleher
41 2024-02-19 MOTION by Defendant GKmow-Auto-US for extension of time to file answer regarding complaint 1
42 2024-02-19 NOTICE of Motion by Christopher Paul Keleher for presentment of motion for extension of time to file answer 41 before Honorable Virginia M. Kendall on 2/26/2024 at 09:00 AM.
43 2024-02-20 MINUTE entry before the Honorable Virginia M. Kendall. Defendant GKmow-Auto-US'sMotion for extension of time to answer or otherwise plead 41 is granted. Answer shall be filed by 3/11/2024. Motion hearing set for 2/26/2024 is stricken. Mailed notice
44 2024-02-22 NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants
45 2024-02-27 ATTORNEY Appearance for Defendant Shandong Xinhuizhan Trade Co., Ltd. by Weisun Rao
[+] 46 2024-02-27 MOTION by Defendant Shandong Xinhuizhan Trade Co., Ltd. to dismiss for lack of jurisdiction
47 2024-02-28 MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Defendant Shandong Xinhuizhan Trade Co., Ltd's Motion to Dismiss 46. Response due by 3/13/2024; Reply due by 3/20/2024. Mailed notice
48 2024-02-29 NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants
[+] 49 2024-03-04 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for sanctions Pursuant to Fed. R. Civ. P. 37 for Failure to Respond to Discovery Requests
50 2024-03-04 NOTICE of Motion by Justin R. Gaudio for presentment of motion for sanctions, 49 before Honorable Virginia M. Kendall on 3/18/2024 at 09:00 AM.
51 2024-03-04 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. to Extend or Stay Briefing Schedule 47 for Defendant's Motion to Dismiss
52 2024-03-04 NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 51 before Honorable Virginia M. Kendall on 3/18/2024 at 09:00 AM.
53 2024-03-07 NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants
54 2024-03-11 NOTICE by Shandong Xinhuizhan Trade Co., Ltd. re MOTION by Defendant Shandong Xinhuizhan Trade Co., Ltd. to dismiss for lack of jurisdiction 46 Notice of Withdrawal of Motion
55 2024-03-11 NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain Defendants
[+] 56 2024-03-11 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for entry of default, MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for default judgment as to all Defendants with the exception of a certain Defendant
[+] 57 2024-03-11 MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for entry of default, motion for default judgment, 56
[+] 58 2024-03-11 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 57
[+] 59 2024-03-11 NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for entry of default, motion for default judgment, 56 before Honorable Virginia M. Kendall on 3/18/2024 at 09:00 AM.
60 2024-03-13 MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Motion hearing set for 3/18/2024 is reset for 3/26/2024 at 9:00 AM. Mailed notice
61 2024-03-25 ATTORNEY Appearance for Defendant dopethug.com by Ge Lei
62 2024-03-25 MOTION by Defendant dopethug.com for leave to file an Answer to Plaintiff's Complaint
63 2024-03-25 ANSWER to Complaint by dopethug.com
64 2024-03-25 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. to strike Defendant dopethug.com's Answer [63]
65 2024-03-25 NOTICE of Motion by Marcella Deshonda Slay for presentment of motion to strike[64] before Honorable Virginia M. Kendall on 3/28/2024 at 09:00 AM.
66 2024-03-25 ANSWER to Complaint by Shandong Xinhuizhan Trade Co., Ltd.
67 2024-03-26 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 3/28/2024 is stricken. Mailed notice
68 2024-03-26 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 3/26/2024. Defendant Shandong Xinhuizhan Trade Co., Ltd's Motion to Dismiss [46] is withdrawn pursuant to Notice of Withdrawal [54]. Plaintiff's Motion for Sanctions and Motion to extend briefing [51] are stricken as moot due to Defendant Shandong Xinhuizhan Trade Co., Ltd's withdrawal of Motion to Dismiss. Plaintiff's Motion for entry of Default and Default Judgment as to all Defendants with the exception of Defendants Shandong Xinhuizhan Trade Co., Ltd. and dopethug.com [56] is granted. Order to follow. Defendant dopethug.com's Motion to file Answer [62] is granted. Plaintiff's Motion to Strike Answer [64] is denied. Status hearing set for 4/16/2024 at 9:00 AM. Mailed notice
69 2024-03-26 FINAL Judgment Order signed by the Honorable Virginia M. Kendall on 3/26/2024. Mailed notice
[+] 70 2024-03-29 MOTION by Defendant dopethug.com to Modify Preliminary Injunction Order
71 2024-03-29 NOTICE of Motion by Ge Lei for presentment of motion for miscellaneous relief[70] before Honorable Virginia M. Kendall on 4/3/2024 at 09:00 AM.
[+] 72 2024-04-02 RESPONSE by Harley-Davidson Motor Company, Inc.in Opposition to MOTION by Defendant dopethug.com to Modify Preliminary Injunction Order [70]
[+] 73 2024-04-02 REPLY by dopethug.com to response in opposition to motion, [72]
74 2024-04-02 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by dopethug.com
75 2024-04-03 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 4/3/2024. Oral argument heard regarding Defendant dopethug.com's Motion to Modify Preliminary Injunction Order [70]. Motion to Modify Preliminary Injunction [70] is taken under advisement. Defendant is to provide Plaintiff with Discovery. Status hearing set for 4/17/2024 at 9:00 AM. Mailed notice
76 2024-04-08 TRANSCRIPT OF PROCEEDINGS held on 04/03/2024 before the Honorable Virginia M. Kendall. Motion Hearing. Order Number: 48410. Court Reporter Contact Information: Gayle A. McGuigan, CSR, RMR, CRR, Gayle_McGuigan@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/29/2024. Redacted Transcript Deadline set for 5/9/2024. Release of Transcript Restriction set for 7/8/2024.
77 2024-04-16 ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Berel Yonathan Lakovitsky
78 2024-04-16 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 4/17/2024 is stricken. Mailed notice
79 2024-04-16 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 4/16/2024. The Court grants Defendant dopethug.com's Motion to Modify Preliminary Injunction Order [70]. Preliminary Injunction Order is modified to reduce the asset restraint of Defendant dopethug.com to $10,000. Mailed notice
80 2024-04-16 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for reconsideration Regarding The Court's Decision To Limit The Scope Of The Asset Restraint.
81 2024-04-16 Plaintiff's NOTICE of Motion by Justin R. Gaudio for presentment of motion for reconsideration[80] before Honorable Virginia M. Kendall on 4/18/2024 at 09:00 AM.
82 2024-04-17 MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Motion hearing set for 4/18/2024 is reset for 9:15 AM (PLEASE NOTE TIME CHANGE ONLY). Mailed notice
[+] 83 2024-04-17 RESPONSE by dopethug.comin Opposition to MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for reconsideration Regarding The Court's Decision To Limit The Scope Of The Asset Restraint. [80]
84 2024-04-18 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 4/18/2024. Oral argument heard regarding Motion for Reconsideration [80]. The Court takes Motion for Reconsideration [80] under advisement. Mailed notice
85 2024-04-19 TRANSCRIPT OF PROCEEDINGS held on 04/16/2024 before the Honorable Virginia M. Kendall. Motion Hearing. Order Number: 48527. Court Reporter Contact Information: Gayle A. McGuigan, CSR, RMR, CRR, Gayle_McGuigan@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/10/2024. Redacted Transcript Deadline set for 5/20/2024. Release of Transcript Restriction set for 7/18/2024.
86 2024-04-23 MINUTE entry before the Honorable Virginia M. Kendall. In January 2024, this Court granted Plaintiff Harley-Davidson's motion for a temporary restraining order and temporary asset restraint against Defendant dopethug.com. (Dkt. [23]). A few weeks later, the Court entered a preliminary injunction order which, in pertinent part, extended the temporary asset restraint as against all $98,629.20 in dopethug.com's PayPal account. (Dkt. [37]). On Defendant's motion, (Dkt. [70]), and after hearing oral argument on the issue, this Court modified the asset restraint to $10,000. (Dkt. [79]). Harley-Davidson now moves this Court to reconsider its Order limiting the scope of the asset restraint. (Dkt. [80]). Harley-Davidson contends that "[t]o exempt assets from an asset freeze, the burden is on the party seeking relief to present documentary proof that particular assets are not the proceeds of counterfeiting activities" and the defendant here has not met its burden. Johnson & Johnson v. Advanced Inventory Mgmt., Inc., 2020 WL 8262230, at *1 (N.D. Ill. Oct. 19, 2020) (cleaned up). At this time, dopethug.com has not provided proof that the assets at issue are not the proceeds of counterfeiting activity, but Court will not reimplement the full asset restraint without more evidence of the sources of revenue in dopethug.com's PayPal account. Accordingly, Harley-Davidson's motion [80] is granted in part and denied in part. The Order limiting the scope of the asset freeze (Dkt. [79]) is stayed and the parties are directed to appear on 5/1/2024 at 10:00 AM for an evidentiary hearing. Mailed notice
[+] 87 2024-04-30 Exhibit List for Evidentiary Hearing by Harley-Davidson Motor Company, Inc.
88 2024-05-01 MINUTE entry before the Honorable Virginia M. Kendall. Due to clerical error, it was incorrectly noted that evidentiary hearing would proceed on 5/1/2024. Evidentiary hearing will proceed on 5/2/2024 at 10:00 AM. Mailed notice
[+] 89 2024-05-01 Exhibit List for Evidentiary Hearing [88] by dopethug.com.
90 2024-05-02 MINUTE entry before the Honorable Virginia M. Kendall. Evidentiary hearing held on 5/2/2024. Oral argument heard regarding Plaintiff Harley-Davidson's Motion to Reconsider [80] the Court's Order limiting the scope of the asset freeze. Plaintiff's Motion [80] remains granted in part and denied in part. The Order [86] staying the limit on the scope of Defendant dopethug.com's asset freeze stands. Defendant's assets will remain frozen in accordance with the Preliminary Injunction Order [37]. Mailed notice
91 2024-06-05 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 7/17/2024 at 9:30 AM. Mailed notice
92 2024-06-05 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. to compel Defendant Shandong Xinhuizhan Trade Co., Ltd.
[+] 93 2024-06-05 DECLARATION of Justin R. Gaudio regarding motion to compel[92]
94 2024-06-05 NOTICE of Motion by Justin R. Gaudio for presentment of motion to compel[92] before Honorable Virginia M. Kendall on 6/10/2024 at 09:00 AM.
95 2024-06-06 MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Motion hearing set for 6/10/2024 is reset for 9:30 AM (PLEASE NOTE TIME CHANGE ONLY). Mailed notice
[+] 96 2024-06-07 MOTION by Attorney Weisun Rao to withdraw as attorney for Shandong Xinhuizhan Trade Co., Ltd. No party information provided
97 2024-06-10 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 6/10/2024. Attorney Weisun Rao's Motion to withdraw as Attorney for Defendant Shandong Xinhuizhan Trade Co., Ltd. 96 is granted. Plaintiff's Motion to Compel 92 is moot based upon Attorney's Rao's withdrawal as Counsel for Defendant Shandong Xinhuizhan Trade Co., Ltd. Mailed notice
98 2024-06-18 STIPULATION of Dismissal as to Defendant dopethug.com (Joint)
99 2024-06-19 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for sanctions Pursuant to Rule 37 of the Federal Rules of Civil Procedure
[+] 100 2024-06-19 DECLARATION of Justin R. Gaudio regarding motion for sanctions 99
101 2024-06-19 NOTICE of Motion by Justin R. Gaudio for presentment of motion for sanctions 99 before Honorable Virginia M. Kendall on 6/27/2024 at 09:00 AM.
102 2024-06-24 TRANSCRIPT OF PROCEEDINGS held on June 10, 2024, before the Honorable Virginia M. Kendall. Order Number: 49027. Court Reporter Contact Information: Laura LaCien, laura_lacien@ilnd.uscourts.gov, 312-408-5032. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/15/2024. Redacted Transcript Deadline set for 7/25/2024. Release of Transcript Restriction set for 9/23/2024.
103 2024-06-27 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 6/27/2024. Plaintiff's Motion for Sanctions 99 will be held in abeyance until Defendant Shandong Xinhuizhan Trade Co., Ltd. retains new Counsel. Defendant's new Counsel is directed to file an appearance on or before 7/5/2024. Defendant Shandong Xinhuizhan Trade Co., Ltd. is reminded that an entity may not represent itself. Mailed notice
104 2024-07-11 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 7/11/2024. Plaintiff's Counsel advised that they have received no response from Defendant Shandong Xinhuizhan Trade Co., Ltd. Mailed notice
105 2024-07-12 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. to strike answer to complaint 66
106 2024-07-12 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for entry of default, MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for default judgment as to Defendant Shandong Xinhuizhan Trade Co., Ltd.
107 2024-07-12 MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for entry of default, motion for default judgment, 106
[+] 108 2024-07-12 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 107
109 2024-07-12 NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for entry of default, motion for default judgment, 106, motion to strike 105 before Honorable Virginia M. Kendall on 7/17/2024 at 09:30 AM.
110 2024-07-17 MINUTE entry before the Honorable Virginia M. Kendall. Status and Motion hearing held on 7/17/2024. Plaintiff's Motion for entry of Default and Default Judgment against Defendant Shandong Xinhuizhan Trade Co., Ltd. Enter Order of Default as to Defendant Shandong Xinhuizhan Trade Co., Ltd. Default Judgment Order to follow. Plaintiff's Motion to Strike Answer 105 is granted. Motion for Sanctions 99 is dismissed as moot. Mailed notice
111 2024-07-17 FINAL Judgment Order signed by the Honorable Virginia M. Kendall on 7/17/2024. Mailed notice
112 2025-01-23 FULL SATISFACTION of Judgment regarding order, terminated case 111 in the amount of $150,000 as to certain defendant