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2023-cv-02202

Nike, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院:伊利诺伊州北法院
发案日期:2023-04-07
原告:Nike, Inc.
代理律所:GBC
诉讼类型:商标
# Date Description
[+] 1 2023-04-07 COMPLAINT filed by Nike, Inc.; Filing fee $ 402, receipt number AILNDC-20521622.
2 2023-04-07 SEALED EXHIBIT by Plaintiff Nike, Inc. Schedule A regarding complaint 1
3 2023-04-07 MOTION by Plaintiff Nike, Inc. for leave to file under seal
4 2023-04-07 CIVIL Cover Sheet
5 2023-04-07 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nike, Inc.
6 2023-04-07 Notice of Claims Involving Trademarks by Nike, Inc.
7 2023-04-07 ATTORNEY Appearance for Plaintiff Nike, Inc. by Justin R. Gaudio
8 2023-04-07 ATTORNEY Appearance for Plaintiff Nike, Inc. by Amy Crout Ziegler
9 2023-04-07 ATTORNEY Appearance for Plaintiff Nike, Inc. by Jake Michael Christensen
[+] 10 2023-04-07 ATTORNEY Appearance for Plaintiff Nike, Inc. by Marcella Deshonda Slay
11 2023-04-11 MAILED trademark report to Patent Trademark Office, Alexandria VA
12 2023-04-11 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
13 2023-04-13 MOTION by Plaintiff Nike, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
14 2023-04-13 MEMORANDUM by Nike, Inc. in support of motion for temporary restraining order 13
[+] 15 2023-04-13 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14
[+] 16 2023-04-13 DECLARATION of Joe Pallett regarding memorandum in support of motion 14
[+] 17 2023-04-13 SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 - Parts 1-7 regarding declaration 16
18 2023-04-13 MOTION by Plaintiff Nike, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
19 2023-04-13 MEMORANDUM by Nike, Inc. in support of motion for miscellaneous relief 18
[+] 20 2023-04-13 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19
21 2023-04-26 MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed Plaintiff's Motion for Temporary Restraining Order [13], along with the motion to seal [3] and for electronic service [18]. These motions are under advisement. The Court will require a bond of $1,000 per defendant in this case. Plaintiff may, though is not required to, re-file the motion for TRO, and in any event Plaintiff shall re-submit to the Court's proposed order box a proposed TRO order revising the total amount of bond in compliance with this order. Mailed notice.
22 2023-04-28 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [13] is granted (as modified). Plaintiff's motion for electronic service of process [18] and motion for leave to file under seal [3] are granted. Enter Sealed Temporary Restraining Order. Telephonic status hearing set for 5/12/23 at 9:00am. Parties should call 866-434-5269; access code 3751971. Mailed notice.
[+] 23 2023-04-28 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Mary M. Rowland on 4/28/2023. Mailed notice.
24 2023-05-02 SURETY BOND in the amount of $188,000 posted by Nike, Inc. (Document Not Imaged)
[+] 25 2023-05-09 MOTION by Plaintiff Nike, Inc. for preliminary injunction
[+] 26 2023-05-09 MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction[25]
[+] 27 2023-05-09 SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/9/2023, answer due 5/30/2023.
28 2023-05-10 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion for entry of a preliminary injunction 25 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff is ordered to add all Defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. In addition, is a link to video instructions for Plaintiff to view on how to Add Terminate Party https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Telephonic status hearing set for 5/12/23 is stricken and reset to 7/12/23 at 9:15am. Parties shall call 866-434-5269; access code 3751971. Mailed notice.
[+] 29 2023-05-10 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Mary M. Rowland on 5/10/2023. Mailed notice.
30 2023-05-18 NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants
[+] 31 2023-05-23 SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/23/2023, answer due 6/13/2023.
32 2023-05-25 NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendant
33 2023-06-08 NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendant
34 2023-06-15 NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants
35 2023-06-15 MOTION by Defendant Yiwu NM Auto Accessories Firm for extension of time
36 2023-06-15 ATTORNEY Appearance for Defendant Yiwu NM Auto Accessories Firm by Yifei Deng
37 2023-06-20 NOTICE of Voluntary Dismissal by Nike, Inc. as to Certain Defendants
[+] 38 2023-06-20 MOTION by Plaintiff Nike, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Nike, Inc. for default judgment as to all Defendants
[+] 39 2023-06-20 MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment[38]
[+] 40 2023-06-20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[39]
41 2023-06-20 ATTORNEY Appearance for Defendants Jiangsiyun, TIAN JIN SHUN TUO KE JI YOU XIAN GONG SI, Tinkwell Store, Yueteng, Zhuoshengben., Ltd, shuangguoba by Adam Edward Urbanczyk
42 2023-06-20 ANSWER to Complaint by Yiwu NM Auto Accessories Firm
43 2023-06-20 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Yiwu NM Auto Accessories Firm
44 2023-06-20 MOTION by Defendants Jiangsiyun, TIAN JIN SHUN TUO KE JI YOU XIAN GONG SI, Tinkwell Store, Yueteng, Zhuoshengben., Ltd, shuangguoba for extension of time
45 2023-06-22 NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants
46 2023-07-07 MINUTE entry before the Honorable Mary M. Rowland: The Court is in receipt of Plaintiffs' motion for default and default judgment [38]. The motion is under advisement. The Court will require a supplemental report to the default judgment motion that identifies: (1) all accounts associated with Defendants identified in Schedule A; (2) whether the accounts are frozen; and (3) the amounts in each account. If sealing any information is required, Plaintiffs may file an accompanying motion to seal. Plaintiffs' supplemental report shall be filed on or before 7/21/23. In addition, if a revised motion for default and default judgment is needed, Plaintiffs should file the revised motion on or before 7/21/23 and re-submit a corresponding proposed order to the Court's proposed order box. Finally, status hearing set for 7/12/23 is stricken. Mailed notice.
47 2023-07-07 MINUTE entry before the Honorable Mary M. Rowland: Defendant Yiwu NM Auto's motion for extension [35] is denied in moot in light of Yiwu NM Auto's answer [42]. Defendants Jiangsiyun, TIAN JIN SHUN TUO KE JI YOU XIAN GONG SI, Tinkwell Store, Yueteng, Zhuoshengben., Ltd, shuangguoba's motion for extension of time [44] is granted. Those defendants have until 7/11/23, if necessary, to respond to Plaintiff's complaint. Mailed notice.
48 2023-07-07 NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants
[+] 49 2023-07-21 MOTION by Plaintiff Nike, Inc. for entry of default as to Certain Defendants, MOTION by Plaintiff Nike, Inc. for default judgment as to Certain Defendants
[+] 50 2023-07-21 MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment[49]
[+] 51 2023-07-21 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[50]
[+] 52 2023-07-21 Supplemental Report Regarding Plaintiff's Motion for Entry of Default and Default Judgment by Nike, Inc.
53 2023-07-27 ATTORNEY Appearance for Plaintiff Nike, Inc. by Berel Yonathan Lakovitsky
54 2023-07-28 MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the proposed default judgment order and Plaintiff's supplemental statement regarding the defaulting defendants' accounts 52. The Court finds $500,000 per defaulting defendant to be excessive in light of the nature of this case and the amounts identified in Plaintiff's report about defaulting defendants' accounts. See Emoji Co. GmbH v. Individuals Identified on Schedule A Hereto, No. 20-CV-04678, 2022 WL 4465593, at *3 (N.D. Ill. Sept. 26, 2022) (noting that the Seventh Circuit has explained that district courts have "wide discretion" in awarding statutory damages). Therefore the Court will permit $50,000 in statutory damages per defaulting defendant. Plaintiff shall submit to the Court's proposed order box a revised proposed default judgment order in accordance with this order. Mailed notice.
55 2023-07-28 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's revised motion for default and default judgment 49 is granted. Motion for default 38 is denied as moot. Enter Final Judgment Order. Civil case terminated. Mailed notice.
56 2023-07-28 FINAL JUDGMENT ORDER Signed by the Honorable Mary M. Rowland on 7/28/2023. Mailed notice.
57 2023-08-31 FULL SATISFACTION of Judgment regarding order 56 in the amount of $50,000 as to certain defendant
58 2023-09-07 FULL SATISFACTION of Judgment regarding order 56 in the amount of $50,000 as to certain defendants
59 2023-11-02 FULL SATISFACTION of Judgment regarding order[56] in the amount of $50,000 as to certain defendant
[+] 60 2023-11-06 MOTION by Attorney Faye Yifei Deng to withdraw as attorney for Yiwu NM Auto Accessories Firm. New address information: Jiliang Wang, Floor 3, No. 1, West Lane 1, Shangshajing Street, Taihe Town, Guangzhou, Guangdong, China 510540
61 2023-11-07 MINUTE entry before the Honorable Mary M. Rowland: Motion to withdraw as attorney 60 is granted. Attorney Yifei Deng terminated.Case remains closed. Mailed notice.
62 2023-11-16 MOTION by Plaintiff Nike, Inc. for sanctions Pursuant to Rule 37
[+] 63 2023-11-16 DECLARATION of Berel Y. Lakovitsky regarding motion for sanctions 62
64 2023-11-20 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sunil R. Harjani for the purpose of holding proceedings related to: Plaintiff's motion for sanctions [62]. Mailed notice.
65 2023-11-20 MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the motions for sanction [64] against Defendant No. 16, Yiwu NM Auto Accessories Firm. Status hearing set for 11/27/2023 at 9:30 a.m. by telephone to discuss whether new counsel will be appearing for this defendant. Plaintiff's counsel is directed to provide notice to Defendant Yiwu NM Auto and ask that a representative appear at the hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 978 352 73. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
[+] 66 2023-11-21 CERTIFICATE of Service by Plaintiff Nike, Inc. regarding set/reset hearings, 65
67 2023-11-27 MINUTE entry before the Honorable Sunil R. Harjani: Status hearing held. As discussed on the record, Plaintiff's motion for sanctions [62] is denied as moot, without prejudice to refile at a later time if necessary. The parties appeared to have reached a settlement on this matter and will file the necessary paperwork before the district judge shortly. Mailed notice
68 2023-11-28 STIPULATION of Dismissal
69 2023-11-29 MINUTE entry before the Honorable Mary M. Rowland: Pursuant to the Joint Stipulation of Dismissal 68, Defendant Yiwu NM Auto Accessories Firm is dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, with each party to bear its own costs and attorneys' fees. Case remains closed. Mailed notice.
70 2023-11-29 MINUTE entry before the Honorable Sunil R. Harjani: In light of the dismissal of Defendant Yiwu NM Auto, all matters related to the referral are concluded and the referral is closed. Mailed notice
71 2024-12-05 FULL SATISFACTION of Judgment regarding order[56] in the amount of $50,000 as to certain defendant