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[+]
1
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2025-01-08 |
COMPLAINT filed by BBC Studios Distribution Ltd; Filing fee $ 405, receipt number AILNDC-22924223. |
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Exhibit 1 |
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Exhibit 2 |
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2
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2025-01-08 |
SEALED EXHIBIT by Plaintiff BBC Studios Distribution Ltd Schedule A regarding complaint[1] |
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3
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2025-01-08 |
MOTION by Plaintiff BBC Studios Distribution Ltd for leave to file under seal |
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4
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2025-01-08 |
CIVIL Cover Sheet |
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5
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2025-01-08 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BBC Studios Distribution Ltd |
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6
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2025-01-08 |
Notice of Claims Involving Trademarks by BBC Studios Distribution Ltd |
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7
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2025-01-08 |
ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Justin R. Gaudio |
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8
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2025-01-08 |
ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Amy Crout Ziegler |
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9
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2025-01-08 |
ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Andrew Daniel Burnham |
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[+]
10
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2025-01-08 |
ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Madeline Halgren |
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CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). |
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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. |
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11
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2025-01-08 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff should review the Court's standing order on "Schedule A" Cases, available at https://www.ilnd.uscourts.gov/judge-info.aspx?IuUaWzNcEoPr4PHl9tvcGaMUezk8AnJ1 under the "Case Procedures" tab. Please note that the table's requirements were revised on October 10, 2024. As explained there, Plaintiff must complete and file the template linked on that page before the Court will consider granting any motion for preliminary injunctive relief. The submission must also provide a listing of all prior Schedule A cases filed in any court in the United States in which Plaintiff was a plaintiff, and a listing of any of the defendants included in the Schedule A in this case that Plaintiff has previously named as a defendant in any prior complaint or Schedule A case. Finally, by filing the template, Plaintiff certifies that Plaintiff has not used any of the screenshot evidence supplied in support of a motion for a TRO in this case in any prior proceeding. If the template is not completed by January 15, 2025, the Court may dismiss this matter for failure to prosecute. Mailed notice. |
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12
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2025-01-10 |
MOTION by Plaintiff BBC Studios Distribution Ltd for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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13
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2025-01-10 |
MEMORANDUM by BBC Studios Distribution Ltd in support of motion for temporary restraining order[12] |
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14
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2025-01-10 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[13] |
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[+]
15
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2025-01-10 |
DECLARATION of Diane Hamer regarding memorandum in support of motion[13] |
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Exhibit 1 |
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Exhibit 2 |
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16
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2025-01-10 |
SEALED EXHIBIT by Plaintiff BBC Studios Distribution Ltd Exhibit 3 - Parts 1-2 regarding declaration[15] |
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17
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2025-01-10 |
MOTION by Plaintiff BBC Studios Distribution Ltd for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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18
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2025-01-10 |
MEMORANDUM by BBC Studios Distribution Ltd in support of motion for miscellaneous relief[17] |
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19
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2025-01-10 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18] |
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20
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2025-01-10 |
MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
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21
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2025-01-10 |
SEALED DOCUMENT by Plaintiff BBC Studios Distribution Ltd Schedule A Template per [11] |
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22
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2025-01-10 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
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23
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2025-01-10 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order [12], and motion for electronic service of process [17] are granted. Plaintiff's submissions 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 [2], and [16]. 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. 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 an accounting. In addition, the evidence submitted by Plaintiff shows 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 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 other judges in this District have noted, there may be reason to question both the propriety of the joinder of 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice. |
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24
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2025-01-10 |
SEALED TEMPORARY Restraining Order. Signed by the Honorable Lindsay C. Jenkins on 1/10/2025. Mailed notice. |
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[+]
25
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2025-01-13 |
Registry Deposit Information Form by BBC Studios Distribution Ltd |
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
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BOND in the amount of $ 10,000 check posted by Greer Burns & Crain LTD. for BBC Studios Distribution Ltd. Receipt No. 100015435. |
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26
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2025-01-21 |
MOTION by Plaintiff BBC Studios Distribution Ltd for preliminary injunction |
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Exhibit A |
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27
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2025-01-21 |
MEMORANDUM by BBC Studios Distribution Ltd in support of motion for preliminary injunction[26] |
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Declaration of Andrew D. Burnham |
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28
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2025-01-21 |
SUMMONS Returned Executed by BBC Studios Distribution Ltd as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/21/2025, answer due 2/11/2025. |
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Declaration of Madeline B. Halgren |
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Exhibit A |
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29
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2025-01-22 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [26] 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 January 24, 2025." 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. |
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30
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2025-01-22 |
CERTIFICATE of Service by Plaintiff BBC Studios Distribution Ltd regarding order on motion for preliminary injunction, text entry, [29] |
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Exhibit A |
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31
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2025-01-27 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff should email a proposed preliminary injunction order to the Court's PO Box by January 28, 2025. Mailed notice. |
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32
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2025-01-27 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 26 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 30 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 Greer, Burns & Crain Ltd., 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. |
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33
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2025-01-27 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 1/27/2025. Mailed notice. |
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NEW PARTIES: Guangzhou Longcheng Ceramics Co., Limited, Jinjiang Xinsaiwen Trading Co., Ltd., Shenzhen Jiumai E-Commerce Co., Ltd., Wenzhou Feier Arts & Crafts Co., Ltd., Yangzhou Yu Chen Textile Products Co., Ltd., Yiwu Kangmao Trading Co., Ltd., Yiwu Lenora Trading Co., Ltd., Yiwu Shiyi Trading Co., Ltd., CONG07113, Happy store 01, HOANG LAN STORE 1900, JELLYLLA, jjgsheng, NORMOMAK, qiyikejiyouxiangongsi, Suergts, yefanshanghang, rielsarw89, blanket ii, Both knot home textile, CHDDX, Classic and creative YY, Cointreau Textile Co LTD, Eclectic Essentials Studio, Festival Home, Global Better Products, Green Leaf Textile, HDGS, huajey, Hui Qi Home textiles, HY textile shop, JEUHB, JY Textile, Kamiyinset, LOOK BABA, Qianrou Home Textiles, Quality and inexpensive shop, ROBUSTT, Selected Park, SKWaterCUP, Vioiv Crochet Club, WangXiongMao, Warm blanket, Wonderful Great Ideas, WPREZH, XiaoXiDepartment, xinyueHome textiles, z promise, Zhangxf, daohaoyi, ENYAO Co.Ltd, Evergreen Boutique, jiaqinmaoyi, KAKA LTD, kikoo and LoTiSee added to case caption. |
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34
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2025-02-04 |
MINUTE entry before the Honorable Lindsay C. Jenkins: By February 10, 2025, Plaintiff shall file a status report regarding next steps in this case. If Plaintiff intends to file a motion for default judgment, it should be filed by that date, and if Plaintiff moves for default judgment as to all Defendants, no status report need be filed. Mailed notice. |
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35
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2025-02-06 |
NOTICE of Voluntary Dismissal by BBC Studios Distribution Ltd as to certain defendant |
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36
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2025-02-07 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Order entered February 4, 2025 [34] is amended. By February 12, 2025, Plaintiff shall file a status report regarding next steps in this case. If Plaintiff intends to file a motion for default judgment, it should be filed by that date, and if Plaintiff moves for default judgment as to all Defendants, no status report need be filed. Mailed notice. |
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37
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2025-02-11 |
ATTORNEY Appearance for Defendant ENYAO Co.Ltd by He Cheng |
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38
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2025-02-11 |
ANSWER to Complaint by ENYAO [Def. No. 51], COUNTERCLAIM filed by ENYAO Co.Ltd against DOE, BBC Studios Distribution Ltd. by ENYAO Co.Ltd |
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Exhibit Ex. 1 - Product Listing and description |
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39
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2025-02-12 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff and Defendant Enyao [Def. No. 51] are to confer and propose a fact discovery schedule by February 20, 2025. Mailed notice. |
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40
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2025-02-12 |
NOTICE of Voluntary Dismissal by BBC Studios Distribution Ltd as to certain Defendants |
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41
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2025-02-12 |
MOTION by Plaintiff BBC Studios Distribution Ltd for entry of default, MOTION by Plaintiff BBC Studios Distribution Ltd for default judgment as to all Defendants with the exception of certain Defendants |
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Exhibit A |
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42
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2025-02-12 |
MEMORANDUM by BBC Studios Distribution Ltd in support of motion for entry of default, motion for default judgment, [41] |
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Exhibit 1 |
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43
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2025-02-12 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[42] |
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Exhibit 1 |
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[+]
44
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2025-02-12 |
STATUS Report Pursuant to [36] by BBC Studios Distribution Ltd |
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Exhibit A |
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45
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2025-02-13 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendant No. 51 Enayo, 54 Kaka Ltd. and 56 LoTiSee. Before the Court is Plaintiff's motion 41 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 February 20, 2025. If no objections are filed by that date, the court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by February 18, 2025. A hearing may be requested by filing a Request for Hearing as a separate entry on the docket. 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. |
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46
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2025-02-13 |
CERTIFICATE of Service by Plaintiff BBC Studios Distribution Ltd regarding order on motion for entry of default, order on motion for default judgment, text entry, 45 |
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(Exhibit A) |
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47
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2025-02-13 |
ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Hannah Alexa Abes |
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48
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2025-02-20 |
STATUS Report Pursuant to [39] (Joint) by BBC Studios Distribution Ltd |
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49
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2025-02-21 |
MINUTE entry before the Honorable Lindsay C. Jenkins: All fact discovery shall be noticed in time for completion by April 17, 2025. A joint status report that proposes a dispositive motion briefing schedule is due by April 3, 2025. Mailed notice. |
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50
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2025-02-21 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order does not apply to Defendants ENYAO, Enayo, Kaka Ltd. or LoTiSee. No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 41 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. Enter Final Judgment Order. Mailed notice. |
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51
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2025-02-21 |
ENTERED PARTIAL JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 2/21/2025. Mailed notice. |
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52
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2025-02-27 |
FULL SATISFACTION of Judgment regarding entered judgment[51] as to certain defendants |
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53
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2025-02-28 |
NOTICE of Voluntary Dismissal by BBC Studios Distribution Ltd as to certain defendants |
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54
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2025-03-04 |
ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Jennifer Van Nacht |
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55
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2025-03-04 |
ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Rachel S Miller |
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56
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2025-03-04 |
AMENDED Answer by ENYAO Co.Ltd to complaint[1], CROSSCLAIM by ENYAO Co.Ltd against DOE and dismissing Counterclaims previously filed against Plaintiff and DOE in initial Answer [38]. |
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57
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2025-03-05 |
MOTION by Plaintiff BBC Studios Distribution Ltd to strike Defendant's Affirmative Defense and Crossclaim |
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(Exhibit A) |
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[+]
58
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2025-03-05 |
DECLARATION of Andrew D. Burnham regarding motion to strike 57 |
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Exhibit 1 |
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(Exhibit 2) |
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59
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2025-03-05 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant ENYAO Co. Ltd's response to the motion to strike 57 is due by March 17, 2025 and Plaintiff's reply is due by March 24, 2025. Mailed notice. |
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60
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2025-03-14 |
ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Luana Faria De Souza (Faria De Souza, Luana) |
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61
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2025-03-19 |
MOTION by Defendant ENYAO Co.Ltd for leave to file Second Amended Answer - in response to Plaintiff's Motion to Strike [57] |
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Exhibit Ex. 1 - Second Amended Answer |
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Exhibit Ex. 2 - Email communication and infringing evidence |
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62
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2025-03-20 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for leave [61] is granted. Defendant ENYAO Co. Ltd shall file its Second Amended Answer as a freestanding docket entry by March 20, 2025. The motion to strike [57] is denied as moot. Mailed notice. |
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63
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2025-03-20 |
AMENDED Answer by ENYAO Co.Ltd to complaint[1] Second Amended Answer |
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64
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2025-03-27 |
STIPULATION of Dismissal as to a Certain Defendant |
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65
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2025-03-28 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff has filed a stipulation of dismissal as to the final Defendant Enyao Ltd. The matter is dismissed with prejudice. Civil case terminated. Mailed notice. |
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66
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2025-08-21 |
MOTION by Plaintiff BBC Studios Distribution Ltd for Release of Bond |
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67
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2025-08-22 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for release of bond funds 66 is granted. Separate order to issue. Mailed notice. |
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68
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2025-08-22 |
ORDER Signed by the Honorable Lindsay C. Jenkins on 8/22/2025. Mailed notice. |
