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2024-cv-03066

Those Characters from Cleveland, 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:2024-04-17
原告:THOSE CHARACTERS FROM CLEVELAND
代理律所:Keith
诉讼类型:商标、版权
# Date Description
[+] 1 2024-04-17 COMPLAINT filed by Those Characters from Cleveland, LLC; Filing fee $ 405, receipt number AILNDC-21864332.
2 2024-04-17 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Schedule A to Complaint [1]
3 2024-04-17 CIVIL Cover Sheet
4 2024-04-17 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Keith A. Vogt
5 2024-04-17 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Yanling Jiang
6 2024-04-17 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Yi Bu
7 2024-04-17 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Adam Grodman
8 2024-04-17 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Cameron Eugene Mcintyre
9 2024-04-17 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Monica Rita Martin
[+] 10 2024-04-17 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Christopher Romero
11 2024-04-17 MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file under seal
[+] 12 2024-04-17 MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file excess pages
[+] 14 2024-04-17 MEMORANDUM in support of [13] Exparte motion
15 2024-04-17 SEALED EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Sealed Exhibit 2, Declaration of Sean Gorman regarding memorandum in support of motion, [14]
18 2024-04-18 MAILED copyright report to Registrar, Washington DC
19 2024-04-18 MAILED trademark report to Patent Trademark Office, Alexandria VA
[+] 20 2024-04-18 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
21 2024-04-22 SURETY BOND in the amount of $10,000.00 posted by Those Characters from Cleveland, LLC (Document not scanned)
22 2024-04-25 MOTION by Plaintiff Those Characters from Cleveland, LLC for preliminary injunction
[+] 23 2024-04-25 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for preliminary injunction[22]
[+] 24 2024-04-25 SUMMONS Returned Executed by Those Characters from Cleveland, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/25/2024, answer due 5/16/2024.
25 2024-04-26 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 22 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 1, 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.
26 2024-04-26 CERTIFICATE of Service by Plaintiff Those Characters from Cleveland, LLC regarding order on motion for preliminary injunction, text entry, 25
27 2024-05-02 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction [22] 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 [26] 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 Jiangip Llc., 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.
[+] 28 2024-05-02 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 5/2/2024. Mailed notice.
29 2024-05-21 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
30 2024-05-21 MOTION by Plaintiff Those Characters from Cleveland, LLC for default judgment as to The Defendants Identified In First Amended Schedule A
[+] 31 2024-05-21 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for default judgment 30
32 2024-05-21 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 30 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 May 28, 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.
33 2024-05-21 CERTIFICATE of Service by Plaintiff Those Characters from Cleveland, LLC regarding order on motion for default judgment, text entry, 32
34 2024-05-24 ATTORNEY Appearance for Defendant Interesting design by Adam Edward Urbanczyk
35 2024-05-28 MOTION by Defendant Interesting design for extension of time
36 2024-05-29 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
37 2024-05-29 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Interesting Design's motion for an extension of time to respond to the complaint [35] is granted. Defendant Interesting Design shall file its responsive pleading by June 18, 2024. Mailed notice.
38 2024-06-03 MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendant Interesting Design. No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [30] 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 $50,000 is an appropriate award of statutory damages pursuant to 15 U.S.C. § 1117(c)(2), and $25,000 is an appropriate award of statutory damages pursuant to 17 U.S.C. § 504(c)(2), Enter Final Partial Judgment Order. Mailed notice.
39 2024-06-03 ENTERED FINAL PARTIAL JUDGMENT ORDER Signed by the Honorable Lindsay C. Jenkins on 6/3/2024. Mailed notice.
40 2024-06-17 MOTION by Defendant Interesting design for extension of time UNOPPOSED
41 2024-06-18 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Interesting design's unopposed motion for an extension of time [40] is granted. Defendant's responsive pleading is now due by July 9, 2024. Mailed notice.
42 2024-07-02 SATISFACTION of Judgment as to defendant no. 8 pojian1023
43 2024-07-10 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Interesting Design did not answer or otherwise plead by the July 9, 2024 deadline [see [41]]. Plaintiff is to file a status report by July 12, 2024 that updates the Court on when it intends to seek a default judgment or otherwise take action on any work that remains in this case. Mailed notice.
44 2024-07-12 STATUS Report Pursuant to Minute Entry [43] by Those Characters from Cleveland, LLC
45 2024-07-15 MINUTE entry before the Honorable Lindsay C. Jenkins: Interesting Design is the only remaining Defendant. A status report as to the finalized settlement is due by July 26, 2024, unless a stipulation of dismissal is filed sooner. Mailed notice.
46 2024-07-15 STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant no. 146 Interesting design
47 2024-07-16 MINUTE entry before the Honorable Lindsay C. Jenkins: A stipulation of dismissal has been filed as to the last remaining Defendant 46. There appears to be no further work for the Court, so the case is closed. Civil case terminated. Mailed notice.
48 2024-08-04 SATISFACTION of Judgment as to defendant no. 169 Sucojrffs McFashion
49 2024-09-19 SATISFACTION of Judgment as to [Certain] defendants
50 2024-11-14 SATISFACTION of Judgment as to defendant no. 80 NGUYEN SON THANH and defendant no. 155 LYLL
51 2024-12-04 SATISFACTION of Judgment as to defendant no. 33 Eco-shop
52 2025-02-05 SATISFACTION of Judgment as to defendant no. 135 Colorful bags and defendant no. 171 THSISINE