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2023-cv-04893

SEMK Products Limited 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:2023-07-27
原告:SEMK Products Limited
代理律所:HSP
诉讼类型:商标
# Date Description
[+] 1 2023-07-27 COMPLAINT filed by SEMK Products Limited; Jury Demand. Filing fee $ 402, receipt number AILNDC-20869917.
2 2023-07-27 CIVIL Cover Sheet
3 2023-07-27 ATTORNEY Appearance for Plaintiff SEMK Products Limited by Michael A. Hierl
4 2023-07-27 ATTORNEY Appearance for Plaintiff SEMK Products Limited by William Benjamin Kalbac
5 2023-07-27 ATTORNEY Appearance for Plaintiff SEMK Products Limited by Robert Payton Mcmurray
6 2023-07-27 MOTION by Plaintiff SEMK Products Limited to seal document Plaintiff's Motion for Leave to File Under Seal
7 2023-07-27 SEALED DOCUMENT by Plaintiff SEMK Products Limited Sealed Schedule A
[+] 8 2023-07-27 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by SEMK Products Limited
9 2023-07-27 MOTION by Plaintiff SEMK Products Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10 2023-07-27 MOTION by Plaintiff SEMK Products Limited 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
[+] 11 2023-07-27 MEMORANDUM by SEMK Products Limited in support of motion for temporary restraining order, 10
12 2023-07-27 SEALED DOCUMENT by Plaintiff SEMK Products Limited Exhibit 3 Part 1 of Cheung Declaration
13 2023-07-27 SEALED DOCUMENT by Plaintiff SEMK Products Limited Exhibit 3 Part 2 of Cheung Declaration
14 2023-07-27 SEALED DOCUMENT by Plaintiff SEMK Products Limited Exhibit 3 Part 3 of Cheung Declaration
15 2023-07-27 SEALED DOCUMENT by Plaintiff SEMK Products Limited Exhibit 3 Part 4 of Cheung Declaration
16 2023-07-27 SEALED DOCUMENT by Plaintiff SEMK Products Limited Exhibit 3 Part 5 of Cheung Declaration
17 2023-07-27 SEALED DOCUMENT by Plaintiff SEMK Products Limited Exhibit 3 Part 6 of Cheung Declaration
18 2023-07-27 SEALED DOCUMENT by Plaintiff SEMK Products Limited Exhibit 3 Part 7 of Cheung Declaration
19 2023-07-27 SEALED DOCUMENT by Plaintiff SEMK Products Limited Exhibit 3 Part 8 of Cheung Declaration
20 2023-07-27 SEALED DOCUMENT by Plaintiff SEMK Products Limited Exhibit 3 Part 9 of Cheung Declaration
21 2023-07-27 SEALED DOCUMENT by Plaintiff SEMK Products Limited Exhibit 3 Part 10 of Cheung Declaration
22 2023-07-27 SEALED DOCUMENT by Plaintiff SEMK Products Limited Exhibit 3 Part 11 of Cheung Declaration
23 2023-07-27 Notice of Claims Involving Trademarks by SEMK Products Limited
24 2023-07-28 MINUTE entry before the Honorable Robert W. Gettleman: Plaintiff's motion for leave to file under seal 6, motion to exceed page limitation 9, and 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 e-mail and/or electronic publication 10 are granted. Enter sealed order. Telephonic hearing set for 8/3/2023 at 9:15 a.m. on the Webex platform. (The court will not be hearing motions the week of 8/7/2023 through 8/11/2023). Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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
25 2023-07-28 SEALED TEMPORARY Restraining Order signed by the Honorable Robert W. Gettleman on 7/28/2023. Mailed notice
26 2023-07-28 MAILED trademark report to Patent Trademark Office, Alexandria VA.
27 2023-07-28 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
28 2023-07-28 MAILED copyright report to Registrar, Washington DC.
29 2023-08-03 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 8/3/2023. No defendant appeared on the hearing. Plaintiff's oral motion to extend the TRO is granted. The TRO is extended through 8/17/2023. Telephonic hearing continued to 8/17/2023 at 9:20 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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
30 2023-08-04 SURETY BOND in the amount of $ 10,000 posted by SEMK Products Limited. (Document not Scanned)
31 2023-08-08 ATTORNEY Appearance for Defendant DymoeceDirect by Steven G Kalberg
32 2023-08-10 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 81
33 2023-08-10 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
34 2023-08-14 MOTION by Plaintiff SEMK Products Limited for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order
35 2023-08-14 MINUTE entry before the Honorable Robert W. Gettleman: Plaintiff's ex parte motion to extend the Temporary Restraining Order 34 is granted. The TRO 29 entered on 7/28/2023 is extended to 8/25/2023. Telephonic hearing set for 8/17/2023 is stricken and reset to 8/24/2023 at 9:15 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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
36 2023-08-17 ATTORNEY Appearance for Defendant Jane Rabbit Co. Ltd by Adam Edward Urbanczyk
37 2023-08-21 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 80, 84
[+] 38 2023-08-22 MOTION by Plaintiff SEMK Products Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order as to Defendant Nos. 4-15, 94-174 and 197-210
39 2023-08-22 MOTION by Plaintiff SEMK Products Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
40 2023-08-22 MEMORANDUM by SEMK Products Limited in support of motion for preliminary injunction[39]
[+] 41 2023-08-22 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[39]
42 2023-08-23 SUMMONS Returned Executed by SEMK Products Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 8/22/2023, answer due 9/12/2023.
43 2023-08-23 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 219, 243
44 2023-08-23 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
45 2023-08-23 ATTORNEY Appearance for Defendant Yingda Toys by Adam Edward Urbanczyk
[+] 46 2023-08-23 RESPONSE by Yingda Toys in Opposition to MOTION by Plaintiff SEMK Products Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction [39]
47 2023-08-23 ATTORNEY Appearance for Defendants Aloha Toii, Shenzhenshidailiyuankejiyouxiangongsi, ShenZhenShiRunMeiRuDeTechnology Co.,Ltd, shenzhendachengwanlikejiyouxiangongsi by Adam Edward Urbanczyk
48 2023-08-23 MOTION by Defendants Aloha Toii, ShenZhenShiRunMeiRuDeTechnology Co.,Ltd, Shenzhenshidailiyuankejiyouxiangongsi, shenzhendachengwanlikejiyouxiangongsi to set a briefing schedule and unseal [Dkts. 12-22]
49 2023-08-24 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic motion hearing held on 8/24/2023. For the reasons stated on the record, excluding the defendants that appeared on today's hearing, Plaintiff's Ex Parte Motion To Extend The Temporary Restraining Order to 9/8/2023 As Defendant Nos. 4-15, 94-174 and 197-210 [38] and Motion For Entry Of A Preliminary Injunction Against Defendant Nos. 1-3, 16-93, 175-196 And 211-247 [39] are granted. Defendants Aloha Toii, Shenzhenshidailiyuankejiyouxiangongsi,ShenZhenShiRunMeiRuDeTechnology Co., Ltd, and Shenzhendachengwanlikejiyouxiangongs' ("Aloha Defendants") Motion to Set Briefing Schedule [48] is granted. Aloha Defendants and Defendant DymoeceDirect's response to plaintiff's motion for preliminary injunction due 8/30/2023; plaintiff's replies due 9/8/2023.Plaintiff's reply to Yingda Toys in support of the motion for preliminary injunction against defendant Yingda Toys due by 8/31/2023. The parties are directed to deliver color courtesy copies of all briefs to the courtroom deputy in Room 1704. The law firm of 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 on the court's website located at www.ilnd.uscourts.gov/instructions. The Clerk is directed to unseal Plaintiff's Schedule A to the Complaint [7], Exhibits to the Declaration of Vincent Cheung [12-22] and the TRO [25]. Telephonic hearing set for 9/20/2023 at 11:00 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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
[+] 50 2023-08-25 PRELIMINARY INJUNCTION ORDER signed by the Honorable Robert W. Gettleman on 8/25/2023. Mailed notice
[+] 51 2023-08-30 RESPONSE by Defendant DymoeceDirect in Opposition to Plaintiff's Motion for Entry of Preliminary Injunction Dkt. No. 39
52 2023-08-30 ATTORNEY Appearance for Defendant DymoeceDirect by David Randolph Bennett
53 2023-08-31 NOTICE by Aloha Toii, ShenZhenShiRunMeiRuDeTechnology Co.,Ltd, Shenzhenshidailiyuankejiyouxiangongsi, shenzhendachengwanlikejiyouxiangongsi of settlement
54 2023-08-31 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
55 2023-08-31 MOTION by Plaintiff SEMK Products Limited for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Reply in Support of Plaintiff's Motion for Entry of a Preliminary Injunction [Dkt. No. 39]
56 2023-09-01 MINUTE entry before the Honorable Robert W. Gettleman: Pursuant to the parties' Notice of Settlement [53] defendants Aloha Toii (30),Shenzhenshidailiyuankejiyouxiangongsi (3), ShenZhenShiRunMeiRuDeTechnology Co.,Ltd (47),and shenzhendachengwanlikejiyouxiangongsi (43) are dismissed without prejudice with leave to reinstate on or before 10/2/2023. If a motion to reinstate is not filed by 10/2/2023, the dismissal will automatically convert to with prejudice without further order of court. The briefing schedule set by the court at these defendants' request on 8/24/2023 [49] is stricken. Mailed notice
57 2023-09-01 MINUTE entry before the Honorable Robert W. Gettleman: Plaintiff's Unopposed Motion For A First Extension Of Time To 9/8/2023, to File A Reply In Support Of Plaintiff's Motion For Entry Of A Preliminary Injunction [55] is granted. Mailed notice
58 2023-09-05 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
59 2023-09-06 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 66
60 2023-09-08 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal
61 2023-09-08 MOTION by Plaintiff SEMK Products Limited for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Reply in Support of Plaintiff's Motion for Entry of a Preliminary Injunction [Dkt. No. 39]
62 2023-09-08 MINUTE entry before the Honorable Robert W. Gettleman: Plaintiff's Unopposed Motion For A First Extension Of Time To 9/15/2023 to File A Reply In Support Of Plaintiff's Motion For Entry Of A Preliminary Injunction [DKT. NO. 39] [61] is granted. Telephonic hearing remains set for 9/20/23 at 11:00 a.m. Mailed notice
63 2023-09-11 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
64 2023-09-11 MOTION by Defendant DymoeceDirect for extension of time to file answer or otherwise respond to plaintiff's complaint (unopposed)
65 2023-09-11 MINUTE entry before the Honorable Robert W. Gettleman: Unopposed Motion For A First Extension Of Time to 10/12/2023, For DefendantDymoecedirect (#55) To Answer Or Otherwise Respond To Plaintiff's Complaint [64] is granted. Mailed notice
66 2023-09-14 MOTION by Plaintiff SEMK Products Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 4-15, 94-174, and 205
67 2023-09-14 MEMORANDUM by SEMK Products Limited in support of motion for preliminary injunction[66]
68 2023-09-14 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[66]
69 2023-09-18 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal
70 2023-09-19 MINUTE entry before the Honorable Robert W. Gettleman: On plaintiff's Notice [69] and pursuant to Federal Rule of Civil Procedure 41(a)(1), all claims against defendant DymoeceDirect are dismissed without prejudice and defendant's response in opposition to plaintiff's motion for entry of a preliminary injunction is rendered moot. Mailed notice
71 2023-09-19 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
72 2023-09-20 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 9/20/2023. No defendant appeared on the hearing. For the reasons stated on the record, defendant Yingda Toys is voluntarily dismissed. Plaintiff's Motion For Entry Of A Preliminary Injunction Against Defendant Nos. 4-15, 94-174 and 205 [66] is granted. Enter order. Telephonic status hearing set for 11/2/2023 at 9:15 a.m. Plaintiff is directed to file a brief status report on or before 10/25/2023. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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
73 2023-09-20 PRELIMINARY INJUNCTION ORDER AGAINST DEFENDANT NOS. 4-15, 94-174 AND 205 signed by the Honorable Robert W. Gettleman on 9/20/2023. Mailed notice
74 2023-09-20 SUMMONS Returned Executed by SEMK Products Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 9/14/2023, answer due 10/5/2023.
75 2023-09-27 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
76 2023-10-02 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 62
77 2023-10-03 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 74
78 2023-10-06 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 230
79 2023-10-12 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 236, 238
80 2023-10-19 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 32, 225
81 2023-10-25 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 34, 78
82 2023-10-25 STATUS Report by SEMK Products Limited
83 2023-10-31 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 59
84 2023-11-02 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 11/2/2023. No defendant appeared on the hearing. Plaintiff reported it will move for default judgment against the remaining defendants. Telephonic motion hearing set for 11/21/2023 at 9:15 a.m. on the Webex platform. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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
85 2023-11-06 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 69, 89
86 2023-11-15 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 39, 48
87 2023-11-16 CERTIFICATE of Service by William Benjamin Kalbac on behalf of SEMK Products Limited
88 2023-11-16 CERTIFICATE of Service by Robert Payton Mcmurray on behalf of SEMK Products Limited
[+] 89 2023-11-16 MOTION by Plaintiff SEMK Products Limited for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
[+] 90 2023-11-16 MEMORANDUM by SEMK Products Limited in support of motion for default judgment, [89]
[+] 91 2023-11-16 DECLARATION of Michael A. Hierl regarding motion for default judgment, [89]
92 2023-11-20 NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
93 2023-11-20 ATTORNEY Appearance for Defendant Ouqing by Adam Edward Urbanczyk
94 2023-11-20 MOTION by Defendant Ouqing for extension of time
95 2023-11-21 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 11/21/2023. No defendant appeared on the hearing. Ouqing's motion for extension of time to 12/11/2023 [94] is granted. For the reasons stated, Plaintiff's Motion For Entry Of Default And Default Judgment Against The Defendants Identified In Amended Schedule A [89], as revised on the record, is granted. Enter order. Telephonic hearing set for 12/14/2023 at 9:15 a.m. on the Webex platform. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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
96 2023-11-21 FINAL JUDGMENT ORDER signed by the Honorable Robert W. Gettleman on 11/21/2023. Mailed notice
97 2023-12-08 SATISFACTION of Judgment
98 2023-12-14 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 12/14/2023. No defendant appeared on the hearing. Plaintiff's counsel advised that they are in final negotiations with the single remaining defendant. For the reasons stated on the record, this case is dismissed without prejudice with leave to reinstate on or before 1/12/2024. If a motion to reinstate is not filed by 1/12/2024, the dismissal will automatically convert to with prejudice without further order of court. Civil case terminated. Mailed notice
[+] 99 2023-12-15 MAILED Closing Trademark report to Patent Trademark Office, Alexandria VA.
100 2024-02-14 SATISFACTION of Judgment
101 2024-02-21 SATISFACTION of Judgment
102 2024-03-13 SATISFACTION of Judgment
103 2024-03-20 SATISFACTION of Judgment
104 2024-10-18 SATISFACTION of Judgment