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[+]
1
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2023-05-25 |
COMPLAINT filed by Mercis B.V.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20672417. |
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Exhibit 1 |
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(Exhibit 2) |
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2
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2023-05-25 |
CIVIL Cover Sheet |
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3
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2023-05-25 |
ATTORNEY Appearance for Plaintiff Mercis B.V. by Michael A. Hierl |
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4
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2023-05-25 |
ATTORNEY Appearance for Plaintiff Mercis B.V. by William Benjamin Kalbac |
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5
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2023-05-25 |
ATTORNEY Appearance for Plaintiff Mercis B.V. by Robert Payton Mcmurray |
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6
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2023-05-25 |
MOTION by Plaintiff Mercis B.V. to seal document Plaintiff's Motion for Leave to File Under Seal |
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7
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2023-05-25 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Sealed Schedule A |
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[+]
8
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2023-05-25 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mercis B.V. |
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CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. |
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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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9
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2023-05-25 |
MOTION by Plaintiff Mercis B.V. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
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10
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2023-05-25 |
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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[+]
11
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2023-05-25 |
MEMORANDUM by Mercis B.V. in support of motion for temporary restraining order, 10 |
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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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12
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2023-05-25 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 1 of Padberg Declaration |
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13
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2023-05-25 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 2 of Padberg Declaration |
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14
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2023-05-25 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 3 of Padberg Declaration |
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15
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2023-05-25 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 4 of Padberg Declaration |
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16
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2023-05-25 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 5 of Padberg Declaration |
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17
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2023-05-25 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 6 of Padberg Declaration |
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18
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2023-05-25 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 7 of Padberg Declaration |
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19
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2023-05-25 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 8 of Padberg Declaration |
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20
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2023-05-25 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 9 of Padberg Declaration |
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21
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2023-05-25 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 10 of Padberg Declaration |
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22
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2023-05-25 |
Notice of Claims Involving Trademarks by Mercis B.V. |
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23
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2023-05-26 |
MAILED trademark report to Patent Trademark Office, Alexandria VA. |
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24
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2023-05-26 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
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25
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2023-05-26 |
MINUTE entry before the Honorable Martha M. Pacold: The court takes plaintiff's motion for a temporary restraining order 10 under advisement. Plaintiff is directed to submit by 6/2/2023 a proposed order to the court's proposed order inbox (proposed_order_pacold@ilnd.uscourts.gov). |
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26
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2023-06-01 |
MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file excess pages 9 and for leave to file under seal 6 are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, electronic service of process, and expedited discovery 10 is granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 genuinely intends to pursue an accounting, but at this preliminary stage, 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 timely appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. |
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27
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2023-06-01 |
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 6/1/2023: |
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28
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2023-06-08 |
SURETY BOND in the amount of $10,000 posted by Mercis B.V. (Document not scanned.) |
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29
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2023-06-12 |
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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30
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2023-06-13 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 29 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO 27 entered on 6/1/23 is extended until 6/29/23. Mailed notice. |
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31
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2023-06-26 |
MOTION by Plaintiff Mercis B.V. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction as to Defendant Nos. 173-188 |
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32
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2023-06-26 |
MEMORANDUM by Mercis B.V. in support of motion for preliminary injunction[31] |
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33
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2023-06-26 |
DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[31] |
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34
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2023-06-26 |
MOTION by Plaintiff Mercis B.V. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order as to Defendant Nos. 1-172 |
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35
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2023-06-27 |
MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 31 under advisement and will consider the motion unopposed if no defendant appears and objects by 7/6/2023. Plaintiff shall serve defendants with this notice. For the reasons stated in the Court's orders entering and extending the TRO, as well as in Plaintiff's motion 34 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. |
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SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (axk,) |
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36
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2023-07-05 |
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 6/28/2023, answer due 7/19/2023. |
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37
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2023-07-06 |
CERTIFICATE of Service Proof of Service by Michael A. Hierl on behalf of Mercis B.V. |
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38
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2023-07-12 |
MINUTE entry before the Honorable Martha M. Pacold: For the same reasons the TRO was granted, a preliminary injunction against Defendants Nos. 173-188 is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction 31 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Upon further consideration, the court determines that the TRO as to Defendants Nos. 1-172 should be further extended to and including 7/13/2023, for the reasons stated in the Court's orders entering and extending the TRO, as well as in Plaintiff's motion 34 to extend the TRO. Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension is again "in effect a preliminary injunction that is appealable, but the order remains effective." H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012). |
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39
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2023-07-12 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 7/12/2023: |
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NEW PARTIES: Disney Baby Dreamer Store, DUOLI LIFE Store, Funny Cloth Store, Girl clothes factory shop Store, HYUN toy Store, IZABEBE Baby Store, IZABEBE Online Store, LUMA MUMBABY Store, MICO Baby Store, MICO&MOCO BABY Store, MIKY BABY Store, MOCO Baby Store, Pure Cotton pajamas Store, Shop1102177350 Store, Shop1102195699 Store, Shop1102246048 Store, Shop1102413959 Store, Shop1102521874 Store, Shop1102527324 Store, Shop5040244 Store, Starry Pajama Set Store Store, Trend & Comfortable clothes Store, Women's Clothes Factory Store, 86 Lighting Store, Annie and the Sea Store, Annies Store, APP 86 15660053623 Store, Artivia Official Store, Baby go!, BabyFun Store, BibiCola Official Store, Black Red Store, Boom Toy Store, BornToGirl Baby Kids Store, C J Colorful Nail World Store, Cartoon animation surrounding Store, CC Shopping Store, ccbuilding Living hall Store, Children's Accessories Store, chuchu puff Official Store, Colorful Childhood Boutique Kids Store, Confidencer Store, COZOK Clothing Store, Creative Nail Store, CurlyWOO38 Store, Cute Cartoon Store, CW CW Store, Daddy Mommy Baby Surprise Store, Daniels Store and DarkACG Store added to case caption. |
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NEW PARTIES: DavideKacey Store, Dear for Baby Store, DEAR RABBIT Official Store, Deermoo Lifeasy Store, DJrabbit Toys Store, DLMH Official Store, DoiaPet Store, DOVE Sunflower Store, Dropshipping Baby Products Store, Elegant Woman Store, Engraved In Heart Store, FairyA Lighting Store, Fashoin Children's Store, Fetching Store, Foresight Co. Ltd Store, Fruit Wawa Factory Store, FunnyCHood Store, Garden angel Store, GGYY Store, Giol Me Num Official Store, GISLAN Makeup Store, GLANE Apparel Factory, Global Bambino Store, GuangDong Good thing Store, Hakula Matata Store, HeroBaby Store, HizoeChu Toy Store, hongcui Official Store, HongKong Angelbaby Center Store, Huamei Hair Accessories Store Store, Idepet Hom'e Store, IKMJUHN SLSHLYJ Store, Jewelry 32NG0 Store, Jiaolan Flagship Store, jumping meters Official Store, Jun Jun Tiger Toy Store, KISS baby clothes manufacturers Discount store, LAH HXMENG Store, Laoxiangdidianpu Store Store, LeLe Headwear Store, Little Baby Home Store, Little Cute Store, Little maven manufactory Store, LIUMUJIAO Store, LJC First Trend Store, Lovababy Children Garments Store, LssDark Online Store, Luohe JingChi Trading Co., Ltd., LUOSHEN98 Store and Luyi Pet Supplies Store added to case caption. |
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40
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2023-07-13 |
ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 7/13/2023: Mailed notice. |
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NEW PARTIES: MACT Store, Mental assembly Store, Miss Kitty Store Store, Miss Store, Mother&Baby Supplies Store, Mwx baby Store, My Melodys franchise Store, Nail Charms Factory Store, NailFan Store, NDFSOUL MM0905 Store, Newfashion S Store, Oh Sweety Baby Store, OUFULA Official Store, Oulala Lighting Store, Pets Wardrobe Store, POSTA Store, QITANGXUAN Store, Rainbow Show, ReadNameless Store, richyyy Store, Romantic Home Life Store, RONGPET Store, RUI ZAI Store, SEUONM JPbaby clothes 03 Store, Seven PC Store, Sexy Trend Stickers Store, Shijiazhuang Peige Trade Co., Ltd., Shiyou Packing Store, Shop1102160548 Store, Shop1102166272 Store, Shop1102228028 Store, Shop1102247512 Store, Shop1102251116 Store, Shop1102403255 Store, Shop1102406992 Store, Shop1102421308 Store, Shop1513372 Store, Shop2948219 Store, Shop5253056 Store, Shop5281035 Store, Shop713826 Store, Shop900239429 Store, Shop910975077 Store, Shop911065016 Store, Shop911745474 Store and Shop912624881 Store added to case caption. |
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NEW PARTIES: Shouthwesten Road Store, Silvia Zhang's store, Skye leng Store, springflower Store, Stay Life Store, Strawberry Jam Peripheral Store Store, SusyFashion Baby Store, TimeHandLife Store, Toy- wholesale Store, TUONXYE Official Store, U&ME Store, Unique art Women Store, Unmumsy Laier Couture Store, VDSM Nail Wholesale Store, VICKY-HOME JEWELRY Official Store, W-AJQ Store, Wansk Lighting Store, WPD Official Store, yanglin91 Store, YANYUN Store, You Are Cute Baby Store, You Life Lannida Store, YOUDAY Store, yuan fan Store, ZENGVEE Fashion Store, zizicheery13 Store, Changshu Mengjie Textile Co., Ltd., Chengdu Lvrann Apparel Co., Ltd., Dongguan Huawang Ornament Manufactory, Guangzhou Onecute Technology Co., Ltd., Hangzhou Yiqin Trading Co., Ltd., Jiangsu Aurora International Trade Co., Ltd., Pujiang Bairunlian Garment Co., Ltd., Quanzhou Onen Ecommerce Co., Ltd., Shenzhen Dahoufa Technology Co., Ltd., Shenzhen Longgang District Jiaolingyu Clothing Distribution Department, Shenzhen Sunnier Electronics Co., Ltd., Shenzhen Wantu Rubber Products Co., Ltd., Shenzhen Xuanruihe Technology Ltd., Co., Suzhou Angels Co., Ltd., Wuxi Shangbo Import And Export Trade Co., Ltd and Yiwu Yixun Toys Co., Ltd. added to case caption. |
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41
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2023-08-29 |
MINUTE entry before the Honorable Martha M. Pacold: By 9/11/2023, Plaintiff should file a status update on the docket indicating how it seeks to proceed in this case. |
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42
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2023-09-11 |
STATUS Report by Mercis B.V. |
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43
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2023-09-12 |
MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's status report, 42. By 9/27/2023, Plaintiff should file a further status update on the docket indicating how it seeks to proceed in this case. |
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44
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2023-09-26 |
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 9/25/2023, answer due 10/16/2023. |
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45
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2023-09-27 |
STATUS Report by Mercis B.V. |
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46
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2023-10-05 |
MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's status report 45. By 10/20/2023, plaintiff should file a status report if plaintiff has not filed a motion for entry of default prior to that date. |
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47
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2023-10-11 |
MOTION by Plaintiff Mercis B.V. for leave to file Motion for Leave to File an Amended Schedule A |
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48
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2023-10-17 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an Amended Schedule A 47 is granted. Plaintiff should file the amended Schedule A by 10/20/2023. DoiaPet Store, Luohe JingChi Trading Co., Ltd., zizicheery13 Store, and Hangzhou Yiqin Trading Co., Ltd. terminated. |
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49
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2023-10-17 |
by Mercis B.V. Amended Schedule A |
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50
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2023-10-17 |
DECLARATION of Robert P. McMurray Declaration of Service |
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51
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2023-10-17 |
MOTION by Plaintiff Mercis B.V. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A |
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(Exhibit A) |
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52
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2023-10-17 |
MEMORANDUM by Mercis B.V. in support of motion for default judgment 51 |
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Exhibit 1 |
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(Exhibit 2) |
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[+]
53
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2023-10-17 |
DECLARATION of Michael A. Hierl regarding motion for default judgment 51 |
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(Exhibit Hierl Exhibit 1) |
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54
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2023-10-19 |
MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 51 must enter an appearance and file a written objection by 10/30/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
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55
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2023-10-24 |
CERTIFICATE of Service Proof of Service by Michael A. Hierl on behalf of Mercis B.V. |
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56
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2023-11-02 |
ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 51. The motion is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that statutory damages should be awarded in the amount of one hundred thousand dollars ($100,000) per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks and copyrights causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise. Thus, the court also finds that the balance of the hardships favors an injunction. The ten-thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel 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. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 11/2/2023: Mailed notice. |
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57
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2023-11-02 |
DEFAULT JUDGMENT ORDER: Signed by the Honorable Martha M. Pacold on 11/2/2023: Mailed notice. |
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58
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2023-11-07 |
SATISFACTION of Judgment |
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59
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2024-01-05 |
SATISFACTION of Judgment |
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60
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2024-03-27 |
SATISFACTION of Judgment |
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61
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2024-06-20 |
SATISFACTION of Judgment |
