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1
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2024-06-06 |
COMPLAINT filed by Mercis B.V.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22111281. |
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Exhibit 1 |
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(Exhibit 2) |
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2
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2024-06-06 |
CIVIL Cover Sheet |
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3
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2024-06-06 |
ATTORNEY Appearance for Plaintiff Mercis B.V. by Michael A. Hierl |
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4
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2024-06-06 |
ATTORNEY Appearance for Plaintiff Mercis B.V. by William Benjamin Kalbac |
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5
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2024-06-06 |
ATTORNEY Appearance for Plaintiff Mercis B.V. by Robert Payton Mcmurray |
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6
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2024-06-06 |
ATTORNEY Appearance for Plaintiff Mercis B.V. by John Wilson |
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7
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2024-06-06 |
MOTION by Plaintiff Mercis B.V. to seal document Plaintiff's Motion for Leave to File Under Seal |
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8
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2024-06-06 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Sealed Schedule A |
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9
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2024-06-06 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mercis B.V. |
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10
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2024-06-06 |
MAILED trademark report to Patent Trademark Office, Alexandria VA. (evw,) |
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11
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2024-06-06 |
MAILED copyright report to Registrar, Washington DC. (evw,) |
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CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). |
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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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12
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2024-06-06 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (evw,) |
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13
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2024-06-07 |
MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 06/28/2024 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 06/20/2024. Plaintiff must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice |
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(Status Report Requirements) |
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14
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2024-06-20 |
STATUS Report Initial Status Report by Mercis B.V. |
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15
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2024-06-27 |
MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 14, the Plaintiff is supposed to file an amended complaint and other motions today (06/27/2024), and the deadline is adopted. The tracking status hearing of 06/28/2024 is reset to 07/05/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
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16
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2024-06-27 |
AMENDED complaint by Mercis B.V. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
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Exhibit 1 |
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(Exhibit 2) |
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17
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2024-06-27 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Amended Schedule A |
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18
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2024-06-27 |
MOTION by Plaintiff Mercis B.V. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
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19
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2024-06-27 |
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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20
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2024-06-27 |
MEMORANDUM by Mercis B.V. in support of motion for temporary restraining order, 19 |
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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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(Exhibit Hierl Exhibit 4) |
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21
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2024-06-27 |
SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 to Padberg Declaration |
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22
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2024-06-27 |
Notice of Claims Involving Trademarks by Mercis B.V. |
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23
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2024-07-01 |
MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 19 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 7 for leave to file under seal is granted in light of the asset-restraint goal. The extra-pages motion 18 is granted. By 07/08/2024, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The tracking status hearing of 07/05/2024 is reset to 07/19/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 07/10/2024. Emailed notice |
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24
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2024-07-01 |
SEALED TEMPORARY Restraining Order signed by the Honorable Edmond E. Chang on 7/1/2024. Emailed notice |
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25
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2024-07-03 |
SURETY BOND in the amount of $ 10,000 posted by Mercis B.V. (Document not scanned) |
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26
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2024-07-10 |
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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27
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2024-07-15 |
MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the TRO, the motion to extend the TRO 26 is granted through 07/29/2024. The tracking status hearing of 07/19/2024 is reset to 08/09/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 08/02/2024 (the Plaintiff shall file the report on its own if no Defendant has been served or appeared yet), and the Plaintiff shall file by the same deadline a preliminary-injunction motion, if appropriate. The Plaintiff shall promptly effectuate service when appropriate. Emailed notice |
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(Status Report Requirements) |
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28
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2024-07-24 |
MOTION by Plaintiff Mercis B.V. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
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29
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2024-07-24 |
MEMORANDUM by Mercis B.V. in support of motion for preliminary injunction 28 |
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30
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2024-07-24 |
DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 28 |
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SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
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31
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2024-07-26 |
SUMMONS Returned Executed by Mercis B.V. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 7/25/2024, answer due 8/15/2024. |
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32
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2024-07-26 |
MINUTE entry before the Honorable Edmond E. Chang: Given the continued applicability of the circumstances that justified entry of the TRO, the Plaintiff's motion 28 for preliminary injunction is granted. With the answer deadline of 08/15/2024, R. 31, the parties shall file the joint initial status report by 08/21/2024. Any Defendant does not answer on time (or file an extension motion) shall be deemed to be in default, and the Plaintiff shall instead file a motion for default judgment on 08/21/2024. The tracking status hearing of 08/09/2024 is reset to 08/30/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
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33
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2024-07-26 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 07/26/2024. Emailed notice |
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34
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2024-08-21 |
CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Mercis B.V. |
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35
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2024-08-21 |
MOTION by Plaintiff Mercis B.V. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A |
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(Exhibit A) |
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36
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2024-08-21 |
MEMORANDUM by Mercis B.V. in support of motion for default judgment 35 |
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Exhibit 1 |
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(Exhibit 2) |
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37
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2024-08-21 |
DECLARATION of Michael A. Hierl regarding motion for default judgment 35 |
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(Exhibit Hierl Exhibit 1) |
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38
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2024-08-21 |
MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the motion for default judgment 35 is granted. Statutory damages are awarded in the amount of fifty-thousand dollars ($50,000) from each Defendant. Given the finding of willfulness established by the default, a permanent injunction will be entered. The tracking status hearing of 08/30/2024 is vacated. Civil case terminated. Emailed notice |
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39
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2024-08-21 |
FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 08/21/2024. Emailed notice |
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40
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2024-08-21 |
ENTERED JUDGMENT Signed by the courtroom deputy on 08/21/2024. Emailed notice |
