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2024-cv-00445

Shenzhen Kunshengze Elec-Tronic Commerce Co., Ltd. v. The Partnerships and Unincorporated Associations Identified On Schedule "A"

法院:伊利诺伊州北法院
发案日期:2024-01-18
原告:Shenzhen Kunshengze Elec-Tronic Commerce Co. Ltd.
代理律所:Konrad Shrerinian
诉讼类型:专利
# Date Description
[+] 1 2024-01-18 COMPLAINT filed by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.; Filing fee $ 405, receipt number AILNDC-21537534.
7 2024-01-19 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for temporary restraining order
8 2024-01-19 MEMORANDUM by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. in support of motion for temporary restraining order 7
9 2024-01-19 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for leave to file excess pages
[+] 10 2024-01-19 DECLARATION of Konrad Sherinian regarding motion for temporary restraining order 7
[+] 11 2024-01-19 DECLARATION of Yulin Zhou regarding motion for temporary restraining order 7
[+] 12 2024-01-19 SEALED DOCUMENT by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. Exh 2 to Dec Yulin Zhou Main Doc Stores 1 - 57
13 2024-01-19 MAILED patent report to Patent Trademark Office, Alexandria VA.
14 2024-01-19 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. to seal Schedule A to Complaint and Exhibit 2 to Declaration of Yulin Zhou
15 2024-01-19 NOTICE of Motion by Konrad Val Sherinian for presentment of motion for leave to file excess pages 9, motion to seal 14, motion for temporary restraining order 7 before Honorable John Robert Blakey on 1/24/2024 at 11:00 AM.
16 2024-01-19 Document Corrected NOTICE of Motion by Konrad Val Sherinian for presentment of motion for leave to file excess pages 9, motion to seal 14, motion for temporary restraining order 7 before Honorable John Robert Blakey on 1/24/2024 at 11:00 AM.
17 2024-01-23 MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion to seal 14 and motion to exceed the page limit 9. The Court also finds that Plaintiff's allegations support the joinder of Defendants in this single action. Plaintiff has alleged that "Defendants create e-commerce stores operating under one or more Seller Aliases that are making, using, offering for sale, selling, and/or importing into the United States for subsequent sale or use Infringing Products to unknowing consumers," and that e-commerce stores operating under the Seller Aliases "share unique identifiers establishing a logical relationship between them, suggesting that Defendants' operation arises out of the same transaction, occurrence, or series of transactions or occurrences." 1 5. Plaintiff also alleges (and supports its allegations with Yulin Zhou's declaration) that, even though Defendants operate under multiple fictitious aliases, "the ecommerce stores operating under the Seller Aliases often share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use. E-commerce stores operating under the Seller Aliases include other notable common features, such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images. Additionally, Infringing Products for sale by the Seller Aliases bear similar irregularities and indicia of being unauthorized to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that Defendants are interrelated." 1 19; 11 15. Plaintiff alleges that Defendants "are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Infringing Products in the same transaction, occurrence, or series of transactions or occurrences." 1 22; 11 18. For present purposes, this satisfies the "series of transactions or occurrences" requirement of section 299(a)(1), as well as Fed. R. Civ. P. 20(a)(2), and Plaintiff may proceed against the identified Defendants in this single action. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order 7. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 2/6/24. The 1/24/24 Notice of Motion date is stricken. Mailed notice
18 2024-01-23 SEALED ORDER Signed by the Honorable John Robert Blakey on 1/23/2024. Mailed notice
19 2024-01-25 SURETY BOND in the amount of $ 10,000.00 posted by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. (Document not scanned). Modified on 1/26/2024.
20 2024-01-29 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for extension of time extend TRO
[+] 22 2024-02-01 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 20 to extend the temporary restraining order entered 1/23/24 18. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 2/20/24. The 2/7/24 Notice of Motion date is stricken. Mailed notice
[+] 23 2024-02-01 SUMMONS Returned Executed by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. as to THE PARTNERSHIPS and UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE "A" on 2/1/2024, answer due 2/22/2024.
24 2024-02-01 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for preliminary injunction
25 2024-02-01 MEMORANDUM by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. in support of motion for preliminary injunction 24
[+] 26 2024-02-01 DECLARATION of Konrad Sherinian regarding motion for preliminary injunction 24
27 2024-02-01 NOTICE of Motion by Konrad Val Sherinian for presentment of motion for preliminary injunction 24 before Honorable John Robert Blakey on 2/7/2024 at 11:00 AM.
28 2024-02-06 MINUTE entry before the Honorable John Robert Blakey: The Court takes Plaintiff's motion for preliminary injunction 24 under advisement, strikes the 2/7/24 Notice of Motion date, and resets the matter for hearing on 2/21/24 at 11:00 a.m. in Courtroom 1203. Mailed notice
29 2024-02-08 NOTICE of Voluntary Dismissal by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.
30 2024-02-12 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 29, this case is dismissed with prejudice as to Defendant yibeisi (17). Mailed notice
31 2024-02-15 MINUTE entry before the Honorable John Robert Blakey: To accommodate the Court's trial schedule, the 2/21/24 hearing on Plaintiff's preliminary injunction motion 24 is stricken and reset for 2/28/24 at 11:00 a.m. in Courtroom 1203. Mailed notice
32 2024-02-22 NOTICE of Voluntary Dismissal by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.
33 2024-02-23 MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notice of voluntary dismissal 32, this case is dismissed with prejudice as to the following Defendants: Crave Entity (No. 46); Honeyya (No. 105); MINIJOY Life Shop (No. 59); Te lai yue bai huo (No. 24). Mailed notice
35 2024-02-28 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 2/28/2024. Plaintiff appeared and no Defendants appeared or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction 24. Accordingly, and based upon the same findings made in this Court's TRO 18, this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction 24. Enter Preliminary Injunction Order. The Court directs the Clerk 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. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. By 3/29/24, Plaintiff shall file a status report regarding the status of service of process, settlement discussions, and any further information that Plaintiff wishes to bring to the Court's attention. Telephonic status hearing set for 5/7/2024 at 11:00 a.m. Counsel shall call into 877-402-9753 and use participant code 9955840. 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 2024-02-28 PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 2/28/2024. Mailed notice
[+] 34 2024-02-29 NOTICE of Voluntary Dismissal by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.
37 2024-03-05 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for default judgment as to Defendants Identified in the List of Defaulting Defendants
[+] 38 2024-03-05 MEMORANDUM by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. in support of motion for default judgment 37
39 2024-03-05 DECLARATION of Konrad Sherinian regarding motion for default judgment 37
40 2024-03-05 NOTICE of Motion by Konrad Val Sherinian for presentment of motion for default judgment 37 before Honorable John Robert Blakey on 3/13/2024 at 11:00 AM.
41 2024-03-12 MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notice of voluntary dismissal 34, this case is dismissed with prejudice as to the following Defendants: MaoMaoCha 99; SLEEK TURTLE TWILIGHT 837439 TRADE STORE 108; and xundarui 50. Mailed notice
42 2024-03-13 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 3/13/2024. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for entry of default judgment 37 is granted. Enter Default Judgment Order. Civil case terminated. Mailed notice
43 2024-03-13 DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 3/13/2024. Mailed notice
44 2024-03-15 MAILED patent report to Patent Trademark Office, Alexandria VA
45 2024-03-15 MAILED copyright report to Registrar, Washington DC
46 2024-03-18 FULL SATISFACTION of Judgment
47 2024-03-27 STATUS Report by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.
48 2024-04-25 FULL SATISFACTION of Judgment
49 2024-04-25 FULL SATISFACTION of Judgment