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1
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2025-01-14 |
COMPLAINT filed by Mercis B.V.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22946927. |
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Exhibit 1 |
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(Exhibit 2) |
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2
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2025-01-14 |
CIVIL Cover Sheet |
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3
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2025-01-14 |
ATTORNEY Appearance for Plaintiff Mercis B.V. by Michael A. Hierl |
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4
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2025-01-14 |
ATTORNEY Appearance for Plaintiff Mercis B.V. by William Benjamin Kalbac |
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5
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2025-01-14 |
ATTORNEY Appearance for Plaintiff Mercis B.V. by Robert Payton Mcmurray |
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6
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2025-01-14 |
ATTORNEY Appearance for Plaintiff Mercis B.V. by John Wilson |
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7
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2025-01-14 |
MOTION by Plaintiff Mercis B.V. to seal document Plaintiff's Motion for Leave to File Under Seal |
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8
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2025-01-14 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Sealed Schedule A |
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9
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2025-01-14 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mercis B.V. |
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CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Heather K. McShain. 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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13
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2025-01-16 |
MOTION by Plaintiff Mercis B.V. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
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14
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2025-01-16 |
MOTION by Plaintiff Mercis B.V. 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 |
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15
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2025-01-16 |
MEMORANDUM by Mercis B.V. in support of motion for temporary restraining order, 14 |
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Declaration Padberg Declaration |
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Exhibit 1 |
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Exhibit 2 |
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Declaration Hierl Declaration |
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Exhibit Hierl Exhibit 1 |
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Exhibit Hierl Exhibit 2 |
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Exhibit Hierl Exhibit 3 |
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(Exhibit Hierl Exhibit 4) |
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16
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2025-01-16 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 1 of Padberg Declaration |
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17
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2025-01-16 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 2 of Padberg Declaration |
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18
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2025-01-16 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 3 of Padberg Declaration |
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19
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2025-01-16 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 4 of Padberg Declaration |
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20
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2025-01-16 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 5 of Padberg Declaration |
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21
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2025-01-16 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 6 of Padberg Declaration |
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22
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2025-01-16 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 7 of Padberg Declaration |
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23
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2025-01-16 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 8 of Padberg Declaration |
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24
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2025-01-16 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 9 of Padberg Declaration |
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25
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2025-01-16 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 10 of Padberg Declaration |
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26
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2025-01-16 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 11 of Padberg Declaration |
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27
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2025-01-16 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 12 of Padberg Declaration |
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28
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2025-01-16 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 13 of Padberg Declaration |
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29
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2025-01-16 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 14 of Padberg Declaration |
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30
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2025-01-16 |
Notice of Claims Involving Trademarks by Mercis B.V. |
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31
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2025-01-17 |
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 7 and motion to file excess pages 13 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order (etc.) 14 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 2/4/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction or motion to extend TRO must be filed by 1/30/2025. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. The Court also advises that it will not enter a preliminary injunction order unless in its judgment it believes that defendants have had sufficient notice of the lawsuit via electronic service of summons (not just the preliminary injunction motion). Mailed notice. |
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32
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2025-01-17 |
SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 1/17/2025. |
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33
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2025-01-23 |
SURETY BOND in the amount of $ 10,000.00 posted by Mercis B.V. |
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34
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2025-01-29 |
MOTION by Plaintiff Mercis B.V. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
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35
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2025-01-29 |
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for extension of the temporary restraining order 34 is granted; the ex parte TRO entered on 1/17/2025 is extended through 2/14/2025. The telephonic preliminary injunction hearing set for 2/4/2025 is vacated and reset to 2/14/2025 at 9:05 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction must be filed by 2/11/2025. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. The Court also advises that it will not enter a preliminary injunction order unless in its judgment it believes that defendants have had sufficient notice of the lawsuit via electronic service of summons (not just the preliminary injunction motion). |
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37
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2025-02-11 |
MOTION by Plaintiff Mercis B.V. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Certain Defendants |
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38
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2025-02-11 |
MEMORANDUM by Mercis B.V. in support of motion for preliminary injunction 37 |
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39
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2025-02-11 |
DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 37 |
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40
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2025-02-11 |
SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
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41
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2025-02-12 |
SUMMONS Returned Executed by Mercis B.V. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 2/11/2025, answer due 3/4/2025. |
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42
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2025-02-13 |
MOTION by Plaintiff Mercis B.V. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
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(Exhibit B) |
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43
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2025-02-13 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit A |
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44
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2025-02-13 |
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for a second extension of the temporary restraining order 42 is granted; the TRO previously entered by the Court is extended through 2/21/2025. The telephonic preliminary injunction hearing set for 2/14/2025 is vacated and reset to 2/21/2025 at 8:50 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Plaintiff is directed to file on 2/19/2025 a status report regarding the matters addressed in the motion for extension of the TRO. |
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45
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2025-02-19 |
STATUS Report by Mercis B.V. |
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46
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2025-02-21 |
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 2/21/2025. Plaintiff's motion for preliminary injunction against certain defendants 37 is granted. Enter preliminary injunction order. The temporary restraining order previously entered by the Court is extended as to the remaining defendants to 3/10/2025. The case is set for a telephonic status hearing on 3/10/2025 at 8:55 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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47
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2025-02-21 |
PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 2/21/2025. Mailed notice. |
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48
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2025-03-10 |
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 3/10/2025 and continued to 4/15/2025 at 8:50 a.m. Plaintiff is directed to file a status report by 4/8/2025. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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49
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2025-03-18 |
CERTIFICATE of Service by John Wilson on behalf of Mercis B.V. |
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50
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2025-03-18 |
MOTION by Plaintiff Mercis B.V. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A |
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Exhibit A |
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(Exhibit B) |
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51
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2025-03-18 |
MEMORANDUM by Mercis B.V. in support of motion for default judgment, 50 |
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Exhibit 1 |
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(Exhibit 2) |
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52
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2025-03-18 |
DECLARATION of Michael A. Hierl regarding motion for default judgment, 50 |
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(Exhibit Hierl Exhibit 1) |
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53
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2025-03-20 |
FINAL DEFAULT JUDGMENT ORDER AS TO CERTAIN, signed by the Honorable Matthew F. Kennelly on 3/20/2025: Plaintiff's motion for default judgment 50 as to certain defendants is granted. The Court reduced the amount of the award below the request by plaintiff. Plaintiff seeks only statutory damages and has provided no information regarding lost sales or the defendants' sales. It largely relies on willfulness (found as a result of entry of default) and the deterrence factor considered in deciding statutory damages. The Court finds that the amount of the award is adequate to deter infringement of the type(s) at issue in this case. |
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54
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2025-04-07 |
SATISFACTION of Judgment |
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55
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2025-04-08 |
CERTIFICATE of Service by John Wilson on behalf of Mercis B.V. |
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(Exhibit A) |
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56
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2025-04-08 |
STATUS Report by Mercis B.V. |
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57
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2025-04-09 |
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed plaintiff's status report. The telephonic status hearing set for 4/15/2025 is vacated and reset to 5/16/2025 at 9:05 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. The deadline for filing any motion(s) for default judgment is 5/9/2025. |
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58
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2025-04-21 |
SATISFACTION of Judgment |
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59
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2025-05-06 |
SATISFACTION of Judgment |
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60
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2025-05-10 |
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff did not file a motion for default judgment by the 5/9/2025 deadline. Plaintiff is directed to file a status report by 5/13/2025 identifying any defendants remaining in the case and the status of proceedings and/or discussions as to each. |
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61
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2025-05-12 |
SUMMONS Returned Executed by Mercis B.V. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/8/2025, answer due 4/29/2025. |
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62
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2025-05-12 |
CERTIFICATE of Service by John Wilson on behalf of Mercis B.V. |
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63
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2025-05-12 |
MOTION by Plaintiff Mercis B.V. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A |
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(Exhibit A) |
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64
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2025-05-12 |
MEMORANDUM by Mercis B.V. in support of motion for default judgment 63 |
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Exhibit 1 |
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(Exhibit 2) |
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65
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2025-05-12 |
DECLARATION of Michael A. Hierl regarding motion for default judgment 63 |
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(Exhibit Hierl Exhibit 1) |
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66
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2025-05-13 |
STATUS Report by Mercis B.V. |
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67
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2025-05-13 |
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff has moved for entry of default judgment against all remaining defendants (a little under 50 altogether) in this trademark infringement case. Unfortunately the motion and supporting memorandum provide no information at all about the nature of each defendant's claimed infringement. This approach basically requires the Court to set a judgment amount in gross without regard to the nature and extent of each defendant's infringement. The Court suggests that it would have been relatively simple for plaintiff to provide with the motion a spreadsheet identifying each defendant and including an image of the alleged infringing material along with (perhaps) pricing information. Instead to find this information the Court was left to go through over a thousand pages of material provided NOT in connection with the motion for default judgment but rather with the long-since-ruled-upon motion for a temporary restraining order. The Court has looked at what it considers to be a representative sample of this material. The trademarked images involve a simple cartoon-like depiction of a rabbit. Some of the infringing items appear to be copies or near-copies of the trademarked images. Others are close enough but different in some way. And there are multiple different types of product items with widely varying prices. Given the approach the plaintiff has taken (leaving the Court to its own devices and effectively requiring an across-the-board figure applicable to all defendants) the Court sets the damages for each defendant at what it considers to be the lowest common denominator after considering the factors relevant to a statutory damages award. That amount is $10 thousand in this particular case. The Court is willing to consider imposing a higher award in future cases but for that to happen plaintiff's counsel will have to do a far better job in compiling the relevant material as part of the motion for default judgment rather than leaving the Court effectively at sea to comb the record itself. Civil case terminated. Mailed notice. |
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68
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2025-05-13 |
FINAL DEFAULT JUDGMENT ORDER: Signed by the Honorable Matthew F. Kennelly on 5/13/2025. Mailed notice. |
