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2024-cv-07575

Bigfoot 4X4, Inc. 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：2024-08-22
原告：Bigfoot 4X4, Inc.
代理律所：HSP
诉讼类型：商标
# Date Description
[+] 1 2024-08-22 COMPLAINT filed by Bigfoot 4x4, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22390683.
2 2024-08-22 CIVIL Cover Sheet
3 2024-08-22 ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Michael A. Hierl
4 2024-08-22 ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by William Benjamin Kalbac
5 2024-08-22 ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Robert Payton Mcmurray
6 2024-08-22 ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by John Wilson
7 2024-08-22 MOTION by Plaintiff Bigfoot 4x4, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal
8 2024-08-22 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Sealed Schedule A
[+] 9 2024-08-22 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bigfoot 4x4, Inc.
10 2024-08-22 MAILED Trademark report to Patent Trademark Office, Alexandria VA
11 2024-08-22 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
12 2024-09-05 MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
13 2024-09-05 MOTION by Plaintiff Bigfoot 4x4, Inc. 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
[+] 14 2024-09-05 MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for temporary restraining order, 13
15 2024-09-05 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 1 of Trent Declaration
16 2024-09-05 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 2 of Trent Declaration
17 2024-09-05 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 3 of Trent Declaration
18 2024-09-05 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 4 of Trent Declaration
19 2024-09-05 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 5 of Trent Declaration
20 2024-09-05 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 6 of Trent Declaration
21 2024-09-05 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 7 of Trent Declaration
22 2024-09-05 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 8 of Trent Declaration
23 2024-09-05 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 9 of Trent Declaration
24 2024-09-05 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 10 of Trent Declaration
25 2024-09-05 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 11 of Trent Declaration
26 2024-09-05 Notice of Claims Involving Trademarks by Bigfoot 4x4, Inc.
27 2024-09-05 NOTICE of Motion by Michael A. Hierl for presentment of motion for leave to file excess pages 12, motion to seal document 7, motion for temporary restraining order, 13 before Honorable Manish S. Shah on 9/11/2024 at 09:45 AM.
28 2024-09-06 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions are granted in part, and no appearance is necessary. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, defendants would take steps to defeat plaintiff's interests in identifying defendants and stopping the infringement. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. 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 is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and conduct an accounting. But the court concludes that an asset restraint is not necessary or appropriate given the harm to defendants from something as extreme as a total restraint on their assets. It is sufficient to conduct an accounting by obtaining records of sales and financial transactions (including from third-party platforms and payment processors); freezing assets is not necessary to account for infringing sales. What matters is the ability to know what was sold and for how much. Freezing accounts is not necessary to accomplish that goal. The court also notes that plaintiff is more likely trying to use an asset restraint to make collection of damages easier, which is not an appropriate reason to restrain assets. Security in the amount of $10,000 is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices Mailed.
29 2024-09-06 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 9/6/2024. Notices Mailed.
30 2024-09-13 INJUNCTION BOND in the amount of $ 10,000 posted by Bigfoot 4x4, Inc. (Document not scanned)
31 2024-09-17 MOTION by Plaintiff Bigfoot 4x4, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
32 2024-09-17 NOTICE of Motion by Michael A. Hierl for presentment of extension of time 31 before Honorable Manish S. Shah on 9/24/2024 at 09:45 AM.
[+] 33 2024-09-18 MINUTE entry before the Honorable Manish S. Shah: The motion to extend the TRO 31 is granted and no appearance on the motion is necessary. The TRO is extended to 10/4/24. Mailed notice
34 2024-10-01 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 89
35 2024-10-02 MOTION by Plaintiff Bigfoot 4x4, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Certain Defendants
36 2024-10-02 MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for preliminary injunction 35
37 2024-10-02 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 35
38 2024-10-02 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 35 before Honorable Manish S. Shah on 10/8/2024 at 09:45 AM.
39 2024-10-02 SUMMONS Returned Executed by Bigfoot 4x4, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 10/2/2024, answer due 10/23/2024.
40 2024-10-08 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction 35 is granted in part. The court declines to impose any asset restraint on defendants. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Notices Mailed.
[+] 41 2024-10-08 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 10/8/2024. Notices Mailed.
[+] 42 2024-11-05 MOTION by Plaintiff Bigfoot 4x4, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A
[+] 43 2024-11-05 MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for default judgment 42
[+] 44 2024-11-05 DECLARATION of Michael A. Hierl regarding motion for default judgment 42
45 2024-11-05 NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 42 before Honorable Manish S. Shah on 11/12/2024 at 09:45 AM.
46 2024-11-05 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
47 2024-11-12 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, the motion for entry of default judgment 45 is granted. Terminate civil case. Notices Mailed.
48 2024-11-12 DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 11/12/2024. Notices Mailed.
49 2024-11-13 MAILED trademark closing report with certified copies of orders dated 11/12/24 to Patent Trademark Office, Alexandria VA.
50 2024-11-22 SATISFACTION of Judgment
51 2024-12-17 SATISFACTION of Judgment