TRO101 logo TRO101

2022-cv-02067

Emoji Company GmbH 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：2022-04-21
原告：EMOJI COMPANY GMBH
代理律所：HSP
诉讼类型：商标、版权
# Date Description
1 2022-04-21 Complaint
6 2022-04-21 Seal Document
9 2022-04-21 MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10 2022-04-21 MOTION by Plaintiff Emoji Company GmbH for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
26 2022-04-22 MAILED trademark report to Patent Trademark Office, Alexandria, VA
27 2022-04-22 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
28 2022-04-22 MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Plaintiff's Motion for Leave to File under Seal 6 and Plaintiff's Motion to Exceed Page Limitation 9. The Court has reviewed the pending TRO motion and complaint, and directs Plaintiff to file a brief addressing the issue of joinder of all of the defendants on or before 04/29/2022. Mailed notice.
29 2022-04-29 MEMORANDUM by Emoji Company GmbH Plaintiff's Memorandum in Support of Joinder
30 2022-04-29 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit AA
31 2022-06-13 ORDER Signed by the Honorable Franklin U. Valderrama on 6/13/2022: Plaintiff Emoji Company GmbH alleges claims of trademark infringement, trademark counterfeiting, false designation of origin, and violation of the Illinois Uniform Deceptive Trade Practices Act against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule "A" (collectively, the Defendants). Plaintiff's pending ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 10 is hereby granted. Provided that Plaintiff provides the security described in Paragraph 15 of the temporary restraining order, the temporary restraining order shall become effective on June 16, 2022 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. Mailed notice
32 2022-06-13 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Franklin U. Valderrama on 6/13/2022. Mailed notice
33 2022-06-15 SURETY BOND in the amount of $ 10,000 posted by Emoji Company GmbH. (Document not imaged)
34 2022-06-23 MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order
35 2022-06-27 MINUTE entry before the Honorable Franklin U. Valderrama: The Court hereby grants Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 34. The Temporary Restraining Order 32 shall now expire on July 14, 2022 at 6:00 p.m. Mailed notice.
36 2022-06-27 ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER. Signed by the Honorable Franklin U. Valderrama on 6/27/2022. Mailed notice.
37 2022-07-13 MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
38 2022-07-13 MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction 37
[+] 39 2022-07-13 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 37
[+] 40 2022-09-01 MINUTE entry On the grounds set forth in the motion, Plaintiff's motion for an entry of a preliminary injunction 37 is granted. Enter Preliminary Injunction Order. The following documents are to be unsealed: Schedule A to the Complaint 7 ; Exhibit 2 to the Reiter Declaration [12-24]; Exhibit AA 30 ; and the TRO 32. Hughes Socol Piers Resnick & Dym Ltd. is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found in the attachment to this entry. Mailed notice.
[+] 41 2022-09-01 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Franklin U. Valderrama on 9/1/2022. Mailed notice
42 2022-12-07 SUMMONS Returned Executed by Emoji Company GmbH as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 7/13/2022, answer due 8/3/2022.
43 2022-12-07 CERTIFICATE of Service by Robert P. McMurray Certificate of Service (Docket Text modified by Clerk's Office) Modified on 12/8/2022.
44 2022-12-07 MOTION by Plaintiff Emoji Company GmbH for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
[+] 45 2022-12-07 MEMORANDUM by Emoji Company GmbH in support of motion for default judgment 44
[+] 46 2022-12-07 DECLARATION of Michael A. Hierl regarding motion for default judgment 44
47 2022-12-29 ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice.
48 2023-01-04 MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Plaintiff's Motion for Entry of Default and Default Judgment 44. Pursuant to 15 U.S.C. § 1117(c)(2), EMOJI COMPANY GmbH is awarded statutory damages from each of the Defaulting Defendants in the amount of one hundred thousand dollars ($100,000.00) for willful use of counterfeit EMOJI Trademarks in connection with the sale of products through at least Defaulting Defendants' Online Marketplaces. This damages award is a reasonable balance between providing some measure of compensation and deterrence, without crossing the line into over-deterrence. The one hundred thousand dollar ($100,000.00) award shall apply to each distinct Defaulting Defendant only once, even if they are listed under multiple different aliases in Schedule A. Enter Final Judgment Order. The ten thousand dollar ($10,000.00) surety bond posted by Plaintiff, including any interest minus the registry fee, is hereby released to Michael A. Hierl of Hughes Socol Piers Resnick & Dym. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602. via certified mail. All other defendants are terminated as parties. Civil case terminated. Emailed notice
[+] 49 2023-01-04 FINAL JUDGMENT ORDER: Signed by the Honorable Franklin U. Valderrama on 1/4/2023. Emailed notice
50 2023-01-24 RETURN of U.S. Post Office Receipt, article number 70192280000009627654.