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2024-cv-02853

Luxury Brands LLC v. The Partnerships and Unincorporated Associations Identified On Schedule A

法院：伊利诺伊州北法院
发案日期：2024-04-09
原告：Luxury Brands LLC
代理律所：Saper Law
诉讼类型：商标
# Date Description
[+] 1 2024-04-09 COMPLAINT Redacted Complaint filed by John Doe; Jury Demand. Filing fee $ 405, receipt number AILNDC-21834900.
2 2024-04-09 SEALED DOCUMENT by Plaintiff John Doe Exhibit 1 to Redacted Complaint
3 2024-04-09 SEALED DOCUMENT by Plaintiff John Doe Exhibit 2 to Redacted Complaint
4 2024-04-09 SEALED DOCUMENT by Plaintiff John Doe Schedule A to Redacted Complaint
[+] 5 2024-04-09 SEALED DOCUMENT by Plaintiff John Doe Unredacted Complaint
6 2024-04-09 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by John Doe
[+] 7 2024-04-09 SEALED DOCUMENT by Plaintiff John Doe Notice of Trademark Claim
8 2024-04-09 MOTION by Plaintiff John Doe for temporary restraining order
9 2024-04-09 ORDER: Local Rule 3.1 requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. John Doe is directed to file the Civil Cover Sheet within 14 days of this notification. Signed by the Executive Committee.
10 2024-04-09 MEMORANDUM by John Doe in support of motion for temporary restraining order 8 Redacted Memorandum in Support of Plaintiff's Motion for Entry of Temporary Restraining Order
11 2024-04-09 SEALED DOCUMENT by Plaintiff John Doe Unredacted Memorandum in Support of Plaintiff's Motion for Entry of Temporary Restraining Order
[+] 12 2024-04-09 SEALED DOCUMENT by Plaintiff John Doe Declaration of Plaintiff in Support of Motion for Temporary Restraining Order
13 2024-04-09 MOTION by Plaintiff John Doe for service by publication
14 2024-04-09 MEMORANDUM by John Doe in support of motion for service by publication 13
15 2024-04-09 MOTION by Plaintiff John Doe to seal document sealed document 3, sealed document 4, sealed document 7, sealed document 2, sealed document 11, sealed document, 12, sealed document, 5
16 2024-04-09 ATTORNEY Appearance for Plaintiff John Doe by Brandon Matthew Beymer
17 2024-04-09 ATTORNEY Appearance for Plaintiff John Doe by Daliah Saper
18 2024-04-09 CIVIL Cover Sheet
19 2024-04-10 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's Complaint proposes to proceed temporarily under the pseudonym John Doe. The Complaint is stricken. Plaintiff did not file a motion requesting permission to proceed using a pseudonym, and even if a motion had been filed, no-name litigation is disfavored in general. The Seventh Circuit has repeatedly voiced disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings. Plaintiff's Complaint has not identified any circumstances that rise to the level of truly exceptional; hundreds of other "Schedule A" cases proceed without anonymity and the Court cannot see why this case is any different. By April 12, 2024, Plaintiff may refile its complaint in its own name without the use of a pseudonym, and the Court will then rule on the pending motions for a TRO and for service by publication. Failure to do so by this deadline will result in dismissal without prejudice. Mailed notice.
[+] 20 2024-04-10 Redacted Complaint AMENDED complaint by John Doe against The Partnerships and Unincorporated Associations Identified on Schedule A
21 2024-04-11 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
22 2024-04-11 MINUTE entry before the Honorable Lindsay C. Jenkins: The Clerk is directed to amend the case caption to reflect that Luxury Brands LLC is the Plaintiff. Mailed notice.
23 2024-04-11 SEALED ORDER written by the Honorable Lindsay C. Jenkins on 4/11/2024. Mailed notice.
24 2024-04-11 SEALED TRO Signed by the Honorable Lindsay C. Jenkins on 4/11/2024. Mailed notice.
26 2024-04-24 MOTION by Plaintiff Luxury Brands LLC for extension of time to Extend the Temporary Restraining Order
27 2024-04-25 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO 26 is granted. The TRO is extended to May 9, 2024. Mailed notice.
28 2024-05-02 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendant 215 "YOURTONE"
[+] 30 2024-05-06 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendants 394 "YiFudd" and 405 "xinxiang"
[+] 31 2024-05-06 MOTION by Plaintiff Luxury Brands LLC for preliminary injunction as to the Defendants on the redacted Schedule A
32 2024-05-06 MEMORANDUM by Luxury Brands LLC in support of motion for preliminary injunction 31
33 2024-05-06 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 31 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining 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 by May 9, 2024." 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. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice.
34 2024-05-07 ATTORNEY Appearance for Defendant Changsha Flower Butterfly Network Technology Co. Ltd. by Hua Chen
[+] 35 2024-05-07 SUMMONS Returned Executed by Luxury Brands LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/7/2024, answer due 5/28/2024.
36 2024-05-09 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendant 265 "BuzzCO"
37 2024-05-09 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff is requested to send a proposed preliminary injunction order to the court's proposed order box by May 10, 2024. Mailed notice.
38 2024-05-10 MINUTE entry before the Honorable Lindsay C. Jenkins:Plaintiff's motion for a preliminary injunction 31 is granted. Plaintiff's filings establish that it 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 35 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 objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Saper Law Offices, is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.
39 2024-05-10 PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 5/10/2024. Mailed notice.
40 2024-05-10 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendants 167 "Cici Direct-Sale Store" and 192 "Chuanyin"
[+] 41 2024-05-10 STIPULATION of Dismissal for Defendant 246 "flowerbutterfly"
[+] 42 2024-05-13 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendants 82, 89, 91, 145, 155, 164, 231, and 251
43 2024-05-13 NOTICE of Voluntary Dismissal by Luxury Brands LLC without prejudice for Defendants 356, 365, 367, 368, 380, and 382
[+] 44 2024-05-14 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendants 112, 157, 177, 200, 242, 255, and 267
45 2024-05-16 MOTION by Plaintiff Luxury Brands LLC for preliminary injunction as to the Defendants on the redacted Schedule A
46 2024-05-16 MEMORANDUM by Luxury Brands LLC in support of motion for preliminary injunction[45]
47 2024-05-16 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendant 210 "Bao-US"
48 2024-05-17 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 45 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve the relevant 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 by May 22, 2024." 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. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice.
[+] 49 2024-05-17 SUMMONS Returned Executed by Luxury Brands LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/16/2024, answer due 6/6/2024.
[+] 50 2024-05-21 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21988343.
51 2024-05-21 MINUTE entry before the Honorable Lindsay C. Jenkins: Motion to appear pro hac vice 50 is granted. Mailed notice.
52 2024-05-21 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendants 135 "PAIQ HUI" and 209 "Flewfun-US"
53 2024-05-22 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff shall send a proposed preliminary injunction order to the Court's proposed order box by May 23, 2024. Mailed notice.
54 2024-05-22 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendants 198 "yangjiawan-US" and 397 "WUBABA"
55 2024-05-23 MINUTE entry before the Honorable Lindsay C. Jenkins: The Plaintiff's motion for a preliminary injunction 45 is granted. Plaintiff's filings establish that it 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 49 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 objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Saper Law Offices, is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.
56 2024-05-23 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendants 23, 93, 187, and 263
71 2024-05-23 PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 5/23/2024. Mailed notice.
57 2024-05-28 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendants 3, 119, 148, 245, and 402
58 2024-05-29 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendants 20, 21, 205, 230, and 406
59 2024-05-30 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendants 126, 139, 180, 208, and 222
60 2024-05-30 NOTICE of Voluntary Dismissal by Luxury Brands LLC without prejudice for Defendant 371
61 2024-05-31 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendant 129 "lingling_us_store" and 175 "Hainanshikelaikejiyouxiangongsi"
62 2024-06-03 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendants 266 "51-Degree" and 268 "shenzhenlonghuaqudengfengdianzishanghang"
63 2024-06-05 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendant 130 "TAEERY"
64 2024-06-06 ATTORNEY Appearance for Defendants aotian-US, guizhouxiaocongshangmaoyouxiangongsi, hehonglin-5 by He Cheng
65 2024-06-06 MOTION by Defendants aotian-US, guizhouxiaocongshangmaoyouxiangongsi, hehonglin-5 for extension of time to file answer regarding complaint 1
66 2024-06-06 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendants 403 "JOYDAY" and 404 "EHEYY"
67 2024-06-07 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants aotian-US (Def. No. 142), hehonglin-5 (Def. No. 152), Guizhou xiaocong shangmao youxian gongsi (Def. No. 173)'s unopposed motion for an extension of time 65 is granted. These Defendants' responsive pleading is now due by June 20, 2024. Mailed notice.
68 2024-06-07 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendant 179 "ROBAUN-USA"
69 2024-06-10 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendant 297 "eleskypo1923"
70 2024-06-12 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendant 216 "GMHGLOBAL"
72 2024-06-14 NOTICE of Voluntary Dismissal by Luxury Brands LLC without prejudice for Defendants 358, 359, 361-364, 370, 373, 376, 377, 379, 383, and 388
[+] 73 2024-06-14 MOTION by Plaintiff Luxury Brands LLC for entry of default, MOTION by Plaintiff Luxury Brands LLC for default judgment as to the Defendants on redacted Schedule A
74 2024-06-14 MEMORANDUM by Luxury Brands LLC in support of motion for entry of default, motion for default judgment, 73
75 2024-06-17 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 73 for entry of default and default judgment against all Defendants. All remaining defendants have 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 objections to the motion for entry of default judgment must be filed on or before June 24, 2024. 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.
76 2024-06-17 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendants 124, 183, 211, 218, 220, 236, 237, 254, 273, and 278
77 2024-06-17 AFFIDAVIT of Brandon Beymer regarding order on motion for entry of default, order on motion for default judgment, text entry, 75 Affidavit of Service of Docket Entry 75 on Defaulting Defendant
78 2024-06-19 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendant 19 "Ningbo Beilun Lonsyne Hairbrush Manufacture Co., Ltd."
79 2024-06-21 NOTICE of Voluntary Dismissal by Luxury Brands LLC for Defendants 78 "Jcocylse" and 123 "lianxuchudan"
80 2024-06-21 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22170486.
81 2024-06-24 MINUTE entry before the Honorable Lindsay C. Jenkins: Motion to appear pro hac vice [80] is granted. Mailed notice.
82 2024-06-24 MOTION by Plaintiff Luxury Brands LLC for entry of default
83 2024-06-24 MEMORANDUM by Luxury Brands LLC in support of motion for entry of default, motion for default judgment, [82]
84 2024-06-24 MOTION by Defendants enjoyaitlife.com, firemid.com to set aside default default
85 2024-06-25 MINUTE entry before the Honorable Lindsay C. Jenkins: As to Defendants 142 "aotian-US" 152 "hehonglin-5" and 173 "guizhouxiaocongshangmaoyouxiangongsi" (Nos. 142, 152 and 173). Before the Court is Plaintiff's motion 82 for entry of default and default judgment. These three defendants have 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 objections to the motion for entry of default judgment must be filed on or before July 1, 2024. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon these Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice.
86 2024-06-25 MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order does not apply to Defendants 353 enjoyaitlife.com; 354 firemid.com; 142 "aotian-US"; 152 "hehonglin-5"; and 173 "guizhouxiaocongshangmaoyouxiangongsi. The remaining Defendants have not responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 73 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 and copyrights 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 $100,000 is appropriate for willful use of counterfeit Plaintiff Trademarks. Enter Partial Final Judgment Order. Mailed notice.
87 2024-06-25 ENTERED PARTIAL JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 6/25/2024. Mailed notice.
88 2024-07-01 FULL SATISFACTION of Judgment regarding entered judgment[87] in the amount of $200,000 for Defendants 202 "Xing Wei" and 219 "WanLann"
89 2024-07-01 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's response to the motion to dismiss and to vacate or modify the preliminary injunction is due by July 22, 2024. DefendantsVanice Technology Co., Limited and Giske Network Technology Co., Ltd.'s reply is due by July 29, 2024. The parties are to file a joint status report as to the progress of their settlement efforts by August 5, 2024. The Court's recently entered Default Judgment Order excluded these Defendants, so the Court agrees that the request to set aside default is moot as to these Defendants only. Mailed notice.
90 2024-07-02 MINUTE entry before the Honorable Lindsay C. Jenkins: The following order applies only to Defendants 142 "aotian-US", 152 "hehonglin-5," and 173 "guizhouxiaocongshangmaoyouxiangongsi" These Defendants have not responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 82 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 and copyrights 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 $100,000 is appropriate for willful use of counterfeit Plaintiff Trademarks. Enter Partial Final Judgment Order. Mailed notice.
91 2024-07-02 PARTIAL DEFAULT JUDGMENT ENTERED Signed by the Honorable Lindsay C. Jenkins on 7/2/2024. Mailed notice.
92 2024-07-03 FULL SATISFACTION of Judgment regarding entered judgment 87 in the amount of $200,000 for Defendant 17 "Guangzhou Junya Beauty Salon Products Co., Ltd."
93 2024-07-08 FULL SATISFACTION of Judgment regarding entered judgment 87 in the amount of $200,000 for Defendants 86, 109, 131, and 134
94 2024-07-10 FULL SATISFACTION of Judgment regarding entered judgment 91 in the amount of $100,000 for Defendant 152 "hehonglin-5"
96 2024-07-17 MINUTE entry before the Honorable Lindsay C. Jenkins:A Separate stipulation of dismissal as to Defendants 353 and 354 shall enter. Mailed notice.
97 2024-07-17 ORDER Signed by the Honorable Lindsay C. Jenkins on 7/17/2024. Mailed notice.
98 2024-07-18 FULL SATISFACTION of Judgment regarding entered judgment 87 in the amount of $200,000 for Defendant 163 "yurijler"
99 2024-07-26 FULL SATISFACTION of Judgment regarding entered judgment 87 in the amount of $200,000 for Defendants 1, 6, 7, 11, 22, 24, 29, and 249
100 2024-07-30 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff has filed a dismissal as to Defendants 333 and 354, "enjoyaitlife.com" and 354 "firemid.com" respectively 95. The motion to dismiss, set aside or modify 84 is denied as moot. This appears to resolve all matters arising from this litigation, so the clerk is directed to close the case. Civil case closed. Mailed notice.
[+] 101 2024-07-31 MAILED Closing Trademark report to Patent Trademark Office, Alexandria VA.
102 2024-08-12 FULL SATISFACTION of Judgment regarding entered judgment 87 in the amount of $200,000 for Defendant 12 "Anhui Jingxian Runfa Comb Industry Co., Ltd."
103 2024-08-22 FULL SATISFACTION of Judgment regarding entered judgment 87 in the amount of $200,000 Corrected Satisfaction of Judgment for Defendant 12 "Guangzhou Wan Mei Beauty Products Co., Ltd."
104 2024-09-03 FULL SATISFACTION of Judgment regarding entered judgment 87 in the amount of $200,000 for Defendant 185 "zheng zhou dou xuan shang mao you xian gong si"
105 2024-12-06 FULL SATISFACTION of Judgment regarding entered judgment 87 in the amount of $200,000 for Defendant 190 "iCODOD"