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[+]
1
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2023-12-07 |
COMPLAINT filed by Sega Corporation, Sega of America, Inc.; Filing fee $ 405, receipt number AILNDC-21402534. |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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(Exhibit 4) |
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2
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2023-12-07 |
SEALED EXHIBIT by Plaintiffs Sega Corporation, Sega of America, Inc. Schedule A regarding complaint 1 |
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3
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2023-12-07 |
MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. for Leave to File Certain Documents Under Seal |
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4
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2023-12-07 |
CIVIL Cover Sheet |
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5
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2023-12-07 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sega Corporation, Sega of America, Inc. |
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6
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2023-12-07 |
ATTORNEY Appearance for Plaintiffs Sega Corporation, Sega of America, Inc. by Martin Francis Trainor |
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7
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2023-12-07 |
ATTORNEY Appearance for Plaintiffs Sega Corporation, Sega of America, Inc. by Richard M. Poskozim |
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[+]
8
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2023-12-07 |
ATTORNEY Appearance for Plaintiffs Sega Corporation, Sega of America, Inc. by Sydney Paige Fenton |
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CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K McShain. Case assignment: Random assignment. (Civil Category 3). (Text entry; no document attached.) |
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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. (Text entry; no document attached.) |
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9
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2023-12-12 |
MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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[+]
10
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2023-12-12 |
MEMORANDUM by Sega Corporation, Sega of America, Inc. in support of motion for miscellaneous relief 9 |
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Declaration of Martin F. Trainor |
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(Exhibit 1) |
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[+]
11
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2023-12-12 |
DECLARATION of Paul Varley regarding memorandum in support of motion 10 |
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(Exhibit 1) |
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[+]
12
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2023-12-12 |
SEALED EXHIBIT by Plaintiffs Sega Corporation, Sega of America, Inc. Exhibit 2, Parts 1-9 regarding declaration 11 |
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Exhibit 2-1 |
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Exhibit 2-2 |
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Exhibit 2-3 |
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Exhibit 2-4 |
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Exhibit 2-5 |
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Exhibit 2-6 |
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Exhibit 2-7 |
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Exhibit 2-8 |
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(Exhibit 2-9) |
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13
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2023-12-12 |
MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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[+]
14
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2023-12-12 |
MEMORANDUM by Sega Corporation, Sega of America, Inc. in support of motion for miscellaneous relief 13 |
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Declaration of Martin F. Trainor |
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(Exhibit 1) |
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15
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2023-12-15 |
MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions 3, 9, 13 filed by plaintiffs Sega Corporation and Sega of America, Inc., the supporting memoranda (10, 14) and the temporary restraining order, plaintiffs' motions for electronic service of process 13, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 9, and motion to seal 3 are granted. Plaintiffs' 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 plaintiffs' interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiffs shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiffs 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 plaintiffs genuinely intend to pursue an accounting, but at this preliminary stage, plaintiffs have 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 appears and objects, the court will revisit the asset freeze and joinder. Plaintiffs shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. |
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[+]
16
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2023-12-15 |
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 12/15/2023: |
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SUMMONS Issued as to Defendant the Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.) |
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17
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2023-12-21 |
SURETY BOND in the amount of $ $10,000.00 posted by Sega Corporation, Sega of America, Inc. |
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18
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2023-12-26 |
MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. to Extend the Temporary Restraining Order |
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[+]
19
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2023-12-26 |
MEMORANDUM by Sega Corporation, Sega of America, Inc. in support of motion for miscellaneous relief 18 |
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(Declaration of Martin F. Trainor) |
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20
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2023-12-28 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' ex parte motion to extend the TRO 18 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO 16 entered on 12/15/23 is extended until 1/12/24. |
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21
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2023-12-28 |
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 12/28/2023: Mailed notice. |
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22
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2024-01-10 |
MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. to amend/correct Schedule A instanter |
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23
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2024-01-10 |
SEALED EXHIBIT by Plaintiffs Sega Corporation, Sega of America, Inc. regarding complaint 1 |
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[+]
24
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2024-01-10 |
SUMMONS Returned Executed by Sega Corporation, Sega of America, Inc. as to the Partnerships and Unincorporated Associations Identified on Schedule A on 1/10/2024, answer due 1/31/2024. |
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Declaration of Richard Poskozim |
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(Exhibit A) |
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[+]
25
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2024-01-10 |
MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. for preliminary injunction |
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Exhibit A |
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[+]
26
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2024-01-10 |
MEMORANDUM by Sega Corporation, Sega of America, Inc. in support of motion for preliminary injunction[25] |
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Declaration of Martin F. Trainor |
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Exhibit 1 |
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27
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2024-01-11 |
MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. to amend/correct Schedule A to the Complaint Instanter |
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28
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2024-01-11 |
EXHIBIT by Plaintiffs Sega Corporation, Sega of America, Inc. Amended Schedule A regarding complaint[1] |
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29
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2024-01-16 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motions for leave to file amended Schedule A to the complaint under seal instanter [22] is granted. Plaintiffs have already filed the amended Schedule A on the docket [23]. Plaintiffs' motion for leave to amend Schedule A to the complaint instanter [27] is granted. Defendant No. 52 Global dealing shop is dismissed. Plaintiffs have already filed the amended Schedule A on the docket [28]. |
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30
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2024-01-16 |
MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction [25] under advisement and will consider the motion unopposed if no defendant appears and objects by 2/23/2024. Plaintiffs shall serve defendants with this notice. For the reasons stated in the court's orders entering and extending the TRO, as well as in plaintiffs' earlier motion [18] 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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[+]
31
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2024-01-16 |
CERTIFICATE of Service by Plaintiffs Sega Corporation, Sega of America, Inc. |
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Exhibit A |
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32
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2024-01-18 |
ATTORNEY Appearance for Plaintiffs Sega Corporation, Sega of America, Inc. by Alexander Whang |
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33
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2024-01-19 |
MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. to amend/correct Schedule A to the Complaint Instanter |
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34
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2024-01-19 |
EXHIBIT by Plaintiffs Sega Corporation, Sega of America, Inc. Amended Schedule A regarding complaint[1] |
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35
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2024-01-22 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A by dismissing defendants No. 35 Define Cosplay Store, No. 38 My Cosplay World, No. 42 11zk, No. 46 BAICHUANG LLC, No. 65 Kosdugerne Zone, No. 71 Mazubless-us, No. 83 Tiiano US, No. 84 US Minaso Direct, and No. 99 yangquanfengxingshangmaoyouxiangongsi [33] is granted. These defendants are dismissed without prejudice. Plaintiff has filed the amended Schedule A on the docket [34]. |
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36
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2024-01-26 |
MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. to amend/correct Schedule A to the Complaint Instanter |
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37
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2024-01-26 |
EXHIBIT by Plaintiffs Sega Corporation, Sega of America, Inc. Amended Schedule A regarding complaint[1] |
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38
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2024-01-29 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for leave to amend Schedule A to the complaint instanter, [36] is granted. Defendants No. 51 dunju, No. 53 GYCbytzd, No. 57 HOANG THI PHUC, No. 95 Xunjiesuda, and No. 97 XWB are dismissed. Plaintiffs have already filed the amended complaint on the docket. [37]. |
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39
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2024-02-02 |
MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. to amend/correct Schedule A to the Complaint Instanter |
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40
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2024-02-02 |
EXHIBIT by Plaintiffs Sega Corporation, Sega of America, Inc. Amended Schedule A regarding complaint[1] |
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41
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2024-02-07 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for leave to amend Schedule A to the complaint instanter [39] is granted. Defendants No. 10 Nantong Diashi Textile Technology Co., Ltd., and No. 117 Guangzhou Bayoman clothing Co., LTD are dismissed. Plaintiffs have already filed the amended complaint on the docket. [40]. |
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42
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2024-02-09 |
MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. to amend/correct Schedule A to the Complaint Instanter |
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43
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2024-02-09 |
EXHIBIT by Plaintiffs Sega Corporation, Sega of America, Inc. Amended Schedule A regarding complaint[1] |
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44
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2024-02-20 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for leave to amend Schedule A to the complaint instanter, [42] is granted. Defendant No. 25 Wenzhou Ainy Crafts and Gifts Co., Ltd. is dismissed. Plaintiffs have already filed the amended complaint on the docket. [43]. |
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45
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2024-02-26 |
MINUTE entry before the Honorable Martha M. Pacold: By 2/28/2024, plaintiffs should submit a new proposed preliminary injunction order and track changes version to the proposed order inbox that includes only the defendants remaining in this case. |
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46
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2024-03-01 |
MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction, [25]. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiffs' motion for preliminary injunction, [25] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiffs' counsel is directed to add all defendants listed on Exhibit 1 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. |
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47
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2024-03-01 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 3/1/2024: |
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48
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2024-03-01 |
MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. to amend/correct Schedule A to the Complaint Instanter |
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49
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2024-03-01 |
EXHIBIT by Plaintiffs Sega Corporation, Sega of America, Inc. Amended Schedule A regarding complaint[1] |
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[+]
50
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2024-03-01 |
ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 3/1/2024. Mailed notice. |
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NEW PARTIES: Baoding Baigou New Town Yan Xiannv Plush Doll Sales Department, Changsha Botu Trade Co., Ltd., Changsha Zhouhang Technology Co., Ltd, Dongguan Kaan Technology Co., Ltd., Dongguan Rui Teng Gift Co., Ltd., Dongyang Kaishan Network Technology Co., Ltd., Foshan City Smart Mascot Costume Co., Ltd., Hefei Ruizi Textile Co., Ltd., Huizhou Taijoy Technology Co., Ltd., Nantong Diashi Textile Technology Co., Ltd., Ningbo City Beijila Pets Products Co., Ltd., Quanzhou Laiao Plastic Products Co., Ltd, Quanzhou Yoho Yoho Trading Co., Ltd., Shantou Shuoyin Technology Co., Ltd., Shenzhen Enmei Trading Co., Ltd., Shenzhen Hechun Technology Co., Ltd., Shenzhen Leguoguo Trading Co., Ltd., Shenzhen Lingchi Electronic Commerce Co., Ltd., Shenzhen Mingbo Electronic Commerce Co., Ltd., Shenzhen Mingliu Trade Co., Ltd., Shenzhen Reians Trading Co., Ltd., Shenzhen Xuanyi Trading Co., Ltd., Shenzhen Youweiyoupin Tech Co., Ltd., Shijiazhuang Qunze Traning Co., Ltd., Wenzhou Ainy Crafts And Gifts Co., Ltd., Xinxiang Qianrui Toys Co., Ltd., Yangzhou Fan Gift Trading Co., Ltd., Yiwu Haiti E-Commerce Firm, Yiwu Juanke E-Commerce Firm, Yiwu Kuayue Trade Co., Ltd., Yiwu Shi Nian Trade Co., Ltd., Yiwu Xinqin Trading Company Limited, Zhejiang Coobird Technology Co., Ltd., Anime Dragon Ball Z Clothing Store, Irory Cos Store, JY Baby Store, GAOYULINABCDD, huangjiaxinhaikou, liqiangkuajingbeimei, ADDUPICT, ANICEGIV, AqwhHiop, bangxiang, CFWFTOY, CSNARTS, Dulucky, dunju, GYCbytzd, haKaiG, hechunyue, Hetting, HOANG THI PHUC, hongshishangmao, HSZF-YIO, jiajialiuliu8899, jinanlianbingwangluokejiyouxiangongsi, jipedngd, JUANLING, keerkezibaihuojingying, lianxiqutaojiangbaihuodian, likailong888, LONGJINGDAMAI, lukangfudebeimeidianpu, MaYanNing223, nanjingshiyuhuataiqubaianlin, palizhabahebieergan, pengwenjing, PYDEE PARTY, QIANyan, ranzifan, ruihuamei, Sniokehome, taianjikexuanmaoyiyouxiangongsi, taiyuanshiyuanxinshangmaoyouxiangongsi, Tide-Shop, Uselbon LM, VOASME, wangbin123t, wangshuangshuangkl, wuxuanxianshimanduoguoshuxiaoshoudian, XBSdzCHUIZHI, xieruyi123, XINLINBOYI, Xluwind, XTWJYXGS, Xunjiesuda, XuQiXi, XWB, yangquandongjindianzishangwuyouxiangongsi, YQPBZCHH, zengxiangjiong, zhangwenpengdedian, A3A81DJDUFXV74, A8G0TIJOH2JLO, A11R5S8F940WWX, emalvido, gaumores, scuvystyle, terrific, PartyPing, Yiwu Vanho Garment Factory, Rockard Home, Hebei Art Sculpture Import&Export Co., Ltd., Shanghai Puking International Trading Co., Ltd, Shenzhen core Ai Liang e-commerce Co., LTD, Guangzhou Pal industry and trade Co., LTD, Guangzhou Bayoman clothing Co., LTD, Guangzhou Bayoman clothing Co., LTD, Shenzhen Qushi Technology Co., LTD, Guangzhou Pal industry and trade Co., LTD, ascsagsdhxzg, gfdgasda, vrtuubt, xuehuidanjkh and yanigjidusxl added to case caption. Terminating the Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.) |
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51
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2024-03-04 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for leave to amend Schedule A to the complaint instanter, [48] is granted. Defendants No. 29 Yiwu Juanke E-Commerce Firm and No. 33 Zhejiang Coobird Technology Co., Ltd. are dismissed. Plaintiff has already filed the amended complaint on the docket, [49]. |
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52
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2024-03-07 |
MAILED copyright report to Registrar, Washington DC. |
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53
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2024-03-07 |
MAILED copyright report part 2 to Registrar, Washington DC. |
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54
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2024-03-15 |
MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. to amend/correct Schedule A to the Complaint Instanter |
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55
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2024-03-15 |
EXHIBIT by Plaintiffs Sega Corporation, Sega of America, Inc. Amended Schedule A regarding complaint[1] |
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56
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2024-03-18 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for leave to amend Schedule A to the complaint instanter, [54] is granted. Defendant No. 9 Huizhou Taijoy Technology Co., Ltd. is terminated. Plaintiffs have already filed an amended Schedule A on the docket, [55]. |
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57
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2024-04-05 |
MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. to amend/correct Schedule A to the Complaint Instanter |
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58
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2024-04-05 |
EXHIBIT by Plaintiffs Sega Corporation, Sega of America, Inc. Amended Schedule A regarding complaint[1] |
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59
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2024-04-09 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for leave to amend Schedule A to the complaint instanter, 57 is granted. Defendants No. 49 CSNARTS, No. 82 Tide-Shop, and No. 100 YQPBZCHH are terminated. Plaintiffs have already filed the amended Schedule A on the docket, 58. |
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60
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2024-04-19 |
MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. to amend/correct Schedule A to the Complaint Instanter |
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61
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2024-04-19 |
EXHIBIT by Plaintiffs Sega Corporation, Sega of America, Inc. Amended Schedule A regarding complaint[1] |
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62
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2024-04-23 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for leave to file an amended Schedule A to the complaint, [60] is granted. Defendant No. 69 lukangfudebeimeidianpu is terminated. Plaintiffs have already filed the amended Schedule A on the docket, [61]. |
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63
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2024-05-01 |
MINUTE entry before the Honorable Martha M. Pacold: By 5/8/2024, plaintiff should file a status report updating the court on the status of the case and proposed next steps. |
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[+]
64
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2024-05-08 |
MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. for entry of default, MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. for default judgment as to all Defendants |
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Exhibit A |
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[+]
65
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2024-05-08 |
MEMORANDUM by Sega Corporation, Sega of America, Inc. in support of motion for entry of default, motion for default judgment, [64] |
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Exhibit 1 |
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Exhibit 2 |
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[+]
66
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2024-05-08 |
DECLARATION of Martin F. Trainor regarding memorandum in support of motion[65] |
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Exhibit 1 |
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[+]
67
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2024-05-08 |
STATUS Report by Sega Corporation, Sega of America, Inc. |
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Exhibit A |
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68
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2024-05-09 |
MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment, [64], must enter an appearance and file a written objection by 5/20/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
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[+]
69
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2024-05-10 |
CERTIFICATE of Service by Alexander Whang on behalf of Sega Corporation, Sega of America, Inc. |
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Exhibit A |
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70
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2024-05-22 |
MINUTE entry before the Honorable Martha M. Pacold: No defendant has responded to plaintiff's motion for entry of default and default judgment, [64]. 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 damages should be awarded in the amount of $100,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks 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 $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 Alexander Whang, 10 South Riverside Plaza 875, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Terminate civil case. Mailed notice. |
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[+]
71
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2024-05-22 |
DEFAULT JUDGMENT. Signed by the Honorable Martha M. Pacold on 5/22/2024. Mailed notice. |
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MAILED original ten-thousand-dollar ($10,000) surety bond posted by Sega Corporation and Sega of America, Inc. to Plaintiff's counsel Alexander Whang, TME Law, P.C. 10 South Riverside Plaza 875 Chicago IL. 60606 via certified mail # 7001 2510 0005 7681 7976. (jn,) (Text entry; no document attached.) |
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72
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2024-07-01 |
FULL SATISFACTION of Judgment as to a certain Defendant |
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73
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2024-12-13 |
FULL SATISFACTION of Judgment as to a certain defendant |
