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2024-cv-00071

Sega Corporation et al v. The Partnerships and Unincorporated Associations Identified On Schedule A

法院：伊利诺伊州北法院
发案日期：2024-01-03
原告：Sega Corporation and Atlus Co., Ltd.
代理律所：Keith
诉讼类型：商标
# Date Description
[+] 1 2024-01-03 COMPLAINT filed by Sega Corporation, Atlus Co., Ltd.; Filing fee $ 405, receipt number AILNDC-21482746.
12 2024-01-04 MAILED trademark report to Patent Trademark Office, Alexandria VA.
13 2024-01-04 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
14 2024-01-04 MOTION by Plaintiffs Atlus Co., Ltd., Sega Corporation for leave to file under seal
15 2024-01-04 MOTION by Plaintiffs Atlus Co., Ltd., Sega Corporation for leave to file excess pages
[+] 17 2024-01-04 MEMORANDUM in support of 16 Exparte motion
[+] 18 2024-01-04 SEALED EXHIBIT by Plaintiffs Atlus Co., Ltd., Sega Corporation Sealed Exhibit 2, Declaration of Jay Paragoso regarding memorandum in support of motion, 17
19 2024-01-19 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 under seal 14, for leave to file excess pages 15, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and / or electronic publication 16 are 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 (which plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. 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. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.
[+] 20 2024-01-19 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 1/19/2024:
22 2024-01-30 MOTION by Plaintiffs Atlus Co., Ltd., Sega Corporation for extension of time for Temporary Restraining Order [20]
23 2024-02-01 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion to extend the Temporary Restraining Order 22 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 20 entered on 1/19/24 is extended until 2/16/24.
24 2024-02-01 MOTION by Plaintiffs Atlus Co., Ltd., Sega Corporation for preliminary injunction
[+] 25 2024-02-01 MEMORANDUM by Atlus Co., Ltd., Sega Corporation in support of motion for preliminary injunction 24
[+] 26 2024-02-01 SUMMONS Returned Executed by Sega Corporation, Atlus Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/1/2024, answer due 2/22/2024.
27 2024-02-05 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 24 under advisement and will consider the motion unopposed if no defendant appears and objects by 2/12/24. 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 earlier motion 22 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."
28 2024-02-21 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction 24. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction 24 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 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.
29 2024-02-21 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 2/21/2024:
[+] 30 2024-02-21 ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 2/21/2024: Mailed notice
31 2024-02-22 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 144 wonderful LLC
32 2024-03-04 MOTION by Plaintiffs Atlus Co., Ltd., Sega Corporation for default judgment as to The Defendants Identified In First Amended Schedule A
[+] 33 2024-03-04 MEMORANDUM by Atlus Co., Ltd., Sega Corporation in support of motion for default judgment 32
34 2024-03-06 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiffs' motion for entry of default and default judgment 32 must enter an appearance and file a written objection by 3/15/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiffs shall serve defendants with this notice.
35 2024-03-11 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] Defendants
36 2024-03-11 Amended Schedule A 2 by Atlus Co., Ltd., Sega Corporation
37 2024-03-13 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiffs' notice of dismissal 35 which seeks to voluntarily dismiss thirteen defendants. But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiffs' notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiffs leave to amend the pleadings. Plaintiffs have already filed an amended Schedule A on the docket 36. Defendants hengxiaotoy, nezaprop, liuzhengdebeimeidianpu, Freelake, Moemoe City, uuz, onebestda, NMVSTORE, Patadada, TAVANOTA, Warmtwinl, MonteCarloCoCo, and ZLLJH are terminated. Mailed notice.
38 2024-03-18 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 21 Hotiego and defendant no. 102 RXD21
39 2024-03-18 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 20 Hewufo and defendant no. 158 Yequan
40 2024-03-18 Amended Schedule A 2 by Atlus Co., Ltd., Sega Corporation
41 2024-03-19 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiffs' notices of dismissal 38, 39, which seek to voluntarily dismiss four defendants. But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiffs' notices of voluntary dismissal as requests for leave to amend the pleadings under Rule 15(a)(2) by removing defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiffs leave to amend the pleadings. Plaintiffs have already filed an amended Schedule A on the docket 40. Defendants Hotiego, RXD21, Hewufo, and Yequen are terminated.
42 2024-03-25 ORDER: No defendant has responded to plaintiffs' motion for entry of default and default judgment 32. The motion 32 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, plaintiffs have established that the infringement was willful, that damages should be awarded in the amount of $250,000 per defendant, and that a permanent injunction should be entered. Plaintiffs have shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiffs' 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 remaining defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten-thousand-dollar ($10,000) surety bond posted by plaintiffs is hereby released to plaintiffs' counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiffs' counsel JiangIP LLC, 33 West Jackson Boulevard Unit #2W, Chicago, IL 60604, via certified mail. Signed by the Honorable Martha M. Pacold on 3/25/2024: Mailed notice
[+] 43 2024-03-25 DEFAULT FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 3/25/2024: Mailed notice
44 2024-04-04 RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0962 9450. (Received by mail in the Clerk's Office on 04/04/2024)
45 2024-09-17 SATISFACTION of Judgment as to defendant no. 149 Xiao Maomi
46 2024-09-18 SATISFACTION of Judgment as to defendant no. 114 shiyu-
47 2025-02-11 SATISFACTION of Judgment as to defendant no. 4 Gaweco