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2022-cv-04257

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:2022-08-12
原告:Bigfoot 4X4, Inc.
代理律所:HSP
诉讼类型:商标
# Date Description
[+] 1 2022-08-12 COMPLAINT filed by Bigfoot 4x4, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-19736238.
2 2022-08-12 CIVIL Cover Sheet
3 2022-08-12 ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Michael A. Hierl
4 2022-08-12 ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by William Benjamin Kalbac
5 2022-08-12 ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Robert Payton Mcmurray
6 2022-08-12 MOTION by Plaintiff Bigfoot 4x4, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal
7 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Sealed Schedule A
[+] 8 2022-08-12 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bigfoot 4x4, Inc.
9 2022-08-12 MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10 2022-08-12 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 Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
[+] 11 2022-08-12 MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for temporary restraining order, 10
12 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 1 of Trent Declaration
13 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 2 of Trent Declaration
14 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 3 of Trent Declaration
15 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 4 of Trent Declaration
16 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 5 of Trent Declaration
17 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 6 of Trent Declaration
18 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 7 of Trent Declaration
19 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 8 of Trent Declaration
20 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 9 of Trent Declaration
21 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 10 of Trent Declaration
22 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 11 of Trent Declaration
23 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 12 of Trent Declaration
24 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 13 of Trent Declaration
25 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 14 of Trent Declaration
26 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 15 of Trent Declaration
27 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 16 of Trent Declaration
28 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 17 of Trent Declaration
29 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 18 of Trent Declaration
30 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 19 of Trent Declaration
31 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 20 of Trent Declaration
32 2022-08-12 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 21 of Trent Declaration
33 2022-08-12 Notice of Claims Involving Trademarks by Bigfoot 4x4, Inc.
34 2022-08-15 MAILED trademark report to Patent Trademark Office, Alexandria VA.
35 2022-08-15 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
36 2022-09-22 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 6, motion for leave to file excess pages 9, and ex parte motion for a temporary restraining order and other relief 10 are granted in part. Plaintiff's submissions (including the Declaration of Ann C. Trent) 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 7 and 12 through 32. 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 under FRCP 65(b)(1). 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 equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 this Court and others 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. A transfer of domain names is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice
37 2022-09-22 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 9/22/2022
38 2022-09-22 Duplicate filing of document number 37. Modified on 9/23/2022.
39 2022-09-23 NOTICE of Correction regarding 38
41 2022-09-26 SURETY BOND in the amount of $ $10,000.00 posted by Bigfoot 4x4, Inc.
40 2022-10-03 MOTION by Plaintiff Bigfoot 4x4, Inc. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order
42 2022-10-07 MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion for extension of time 40 is granted. Enter separate order. Mailed notice
43 2022-10-07 ORDER signed by the Honorable John F. Kness on 10/7/2022. Mailed notice
44 2022-10-18 MOTION by Plaintiff Bigfoot 4x4, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
45 2022-10-18 MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for preliminary injunction 44
[+] 46 2022-10-18 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 44
47 2022-10-18 ATTORNEY Appearance for Defendant Three King Tech by Haipeng Xiao
48 2022-10-19 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 10/18/2022, answer due 11/8/2022.
49 2022-10-19 CERTIFICATE of Service by Michael A. Hierl on behalf of Bigfoot 4x4, Inc.
50 2022-10-20 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 44 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all 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 on or before 10/26/2022." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders 36 43 entering and extending the TRO, as well as in Plaintiff's earlier motion 40 to extend the TRO, the TRO is further extended to and including the date on which 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
51 2022-10-21 CERTIFICATE of Service by Plaintiff Bigfoot 4x4, Inc. Proof of Service
52 2022-10-31 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 44 is granted. Plaintiff's filings establish that Plaintiff 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 49 51 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, despite the Court having provided 50 the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice
53 2022-10-31 PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 10/31/2022. Mailed notice
[+] 54 2022-10-31 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 73
55 2022-11-04 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 105, 113, 136, 156
56 2022-11-08 ANSWER to Complaint with Jury Demand by Three King Tech
57 2022-11-15 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 69, 70, 79, 132
58 2022-11-17 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 81
59 2022-12-06 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 75, 97
60 2022-12-08 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
61 2022-12-14 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
62 2022-12-20 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 71, 87, 92
63 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.
64 2023-01-20 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 114, 123
65 2023-02-09 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 99
66 2023-02-15 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 88, 108,110
67 2023-04-26 DECLARATION of William B. Kalbac Declaration of Service
68 2023-04-26 MOTION by Plaintiff Bigfoot 4x4, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
[+] 69 2023-04-26 MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for default judgment 68
[+] 70 2023-04-26 DECLARATION of Michael A. Hierl regarding motion for default judgment 68
71 2023-05-01 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 68 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 5/9/2023. 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 two business days of its entry on the docket and must file proof of service within three business of service being effected. Mailed notice
72 2023-05-02 CERTIFICATE of Service by Plaintiff Bigfoot 4x4, Inc.
73 2023-05-10 ORDER signed by the Honorable John F. Kness on 5/10/2023: Plaintiff's motion for entry of default judgment 68 is granted. Enter Final Judgment Order. The ten-thousand-dollar ($10,000) surety bond posted by Bigfoot 4x4, Inc. is hereby released to Bigfoot 4x4, Inc. or its counsel, Hughes Socol Piers Resnick & Dym, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Michael A. Hierl, Hughes Socol Piers Resnick & Dym, Ltd, Three First National Plaza, 70 West Madison Street, Suite 4000, Chicago, IL 60602 via certified mail. Civil case terminated. Mailed notice
74 2023-05-10 FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 5/10/2023. Mailed notice
[+] 75 2023-05-11 MAILED trademark report to Patent Trademark Office, Alexandria VA. (jk2,)
76 2023-05-22 RETURN of U.S. Post Office Receipt, article no. 7022 3330 0001 8849 1140. (jk2,)
77 2024-01-26 SATISFACTION of Judgment