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2024-cv-05629

Fendi S.R.L. v. The Partnerships and Unincorporated Associations Identified On Schedule A

法院:伊利诺伊州北法院
发案日期:2024-07-03
原告:Fendi, S.r.l.
代理律所:Mercer Oak
诉讼类型:商标
# Date Description
[+] 1 2024-07-03 COMPLAINT filed by Fendi S.R.L.; Filing fee $ 405, receipt number AILNDC-22211326.
2 2024-07-03 SEALED EXHIBIT by Plaintiff Fendi S.R.L. regarding complaint, 1
3 2024-07-03 CIVIL Cover Sheet
4 2024-07-03 ATTORNEY Appearance for Plaintiff Fendi S.R.L. by John B Haarlow, Jr
5 2024-07-03 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fendi S.R.L.
6 2024-07-03 MOTION by Plaintiff Fendi S.R.L. to seal
[+] 7 2024-07-03 Notification of Claims Involving Trademarks by Fendi S.R.L.
8 2024-07-09 MAILED Trademark report to Patent Trademark Office, Alexandria VA
9 2024-07-09 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
10 2024-07-18 MOTION by Plaintiff Fendi S.R.L. for temporary restraining order
11 2024-07-18 MEMORANDUM by Fendi S.R.L. in support of motion for temporary restraining order 10
[+] 12 2024-07-18 DECLARATION of Nicolas Lambert
13 2024-07-18 SEALED EXHIBIT by Plaintiff Fendi S.R.L. regarding declaration 12
14 2024-07-18 SEALED EXHIBIT by Plaintiff Fendi S.R.L. regarding declaration 12
15 2024-07-18 SEALED EXHIBIT by Plaintiff Fendi S.R.L. regarding declaration 12
16 2024-07-18 SEALED EXHIBIT by Plaintiff Fendi S.R.L. regarding declaration 12
17 2024-07-18 SEALED EXHIBIT by Plaintiff Fendi S.R.L. regarding declaration 12
[+] 18 2024-07-18 DECLARATION of John Haarlow regarding motion for temporary restraining order 10
19 2024-07-18 MOTION by Plaintiff Fendi S.R.L.Service via electronic means
20 2024-07-18 MEMORANDUM by Fendi S.R.L. in support of motion for miscellaneous relief 19
[+] 21 2024-07-18 DECLARATION of John Haarlow regarding motion for miscellaneous relief 19
23 2024-10-15 SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 10/15/2024.
24 2024-10-21 MOTION by Plaintiff Fendi S.R.L.Extend TRO
[+] 25 2024-10-21 DECLARATION of John Haarlow regarding motion for miscellaneous relief 24
26 2024-10-21 SURETY BOND in the amount of $ 10,000 posted by Fendi S.R.L. (Document not scanned)
27 2024-10-29 MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to Extend Temporary Restraining Order [24] is granted. Enter separate order. Mailed notice.
28 2024-10-29 ORDER ON MOTION FOR EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 10/29/2024. Mailed notice.
29 2024-10-30 MOTION by Plaintiff Fendi S.R.L. for preliminary injunction
30 2024-10-30 MEMORANDUM by Fendi S.R.L. in support of motion for preliminary injunction 29
[+] 31 2024-10-30 DECLARATION of John Haarlow
34 2024-11-27 MOTION by Plaintiff Fendi S.R.L. for default judgment as to all defendants
35 2024-11-27 MEMORANDUM by Fendi S.R.L. in support of motion for default judgment 34
[+] 36 2024-11-27 DECLARATION of John Haarlow
37 2024-12-02 MINUTE entry before the Honorable John F. Kness: As this case has been reassigned to Judge Perry 33, all deadlines and hearings set before Judge Kness are stricken. Mailed notice.
38 2024-12-06 MINUTE entry before the Honorable April M. Perry: This case having been recently reassigned to Judge April M. Perry, Plaintiff is asked to file an Initial Status Report for Reassigned Cases by 12/16/2024. The required contents of the report may be found on Judge Perry's website at www.ilnd.uscourts.gov. In addition to the standard requirements, Plaintiff is asked to explain why joinder is appropriate for the more than 40 Defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. V. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). Status hearing to be held 12/19/2024 at 10:00 a.m. in person in Courtroom 1725. Mailed notice. (jcc,)
39 2024-12-10 SEALED EXHIBIT by Plaintiff Fendi S.R.L.
42 2024-12-19 MINUTE entry before the Honorable April M. Perry: Hearing held 12/19/2024 on Plaintiff's Motion for Default Judgment 34, which is entered and continued to 1/31/2025 at 10:00 a.m. in person in Courtroom 1725. As was elaborated upon in court, the current request for $500,000 in statutory damages from each of the 40 remaining defendants without any case-specific or defendant-specific evidence supporting it is insufficient. Plaintiff is invited to file supplemental briefing supporting damages describing all relevant factors with respect to specific Defendants, including (but not limited to): evidence related to how long each Defendant has been engaged in counterfeit sales, how many different products have been sold, how much money has been seized and how many sales have been conducted on online platforms (presumably disclosed during expedited discovery), and whether certain Defendants are believed to be the same individuals (as evidenced by shared email addresses and/or names). Supplemental briefing to be filed by 1/17/2025. Plaintiff is also directed to serve this Order and a copy of its Default Judgment motion upon all parties no later than 1/15/2025, and file proof of service on the docket. Plaintiff's request for permanent injunctive relief is granted. Unless the Plaintiff files a written objection by 12/23/2025, the Clerk is instructed to lift the seal on all of the filings that have been placed under seal. Plaintiff's Motion for Preliminary Injunction 29 is denied as moot. Enter order. Mailed notice. (jcc,)
43 2024-12-19 PERMANENT INJUCTION ORDER. Signed by the Honorable April M. Perry on 12/19/2024. Mailed notice. (jcc,)
44 2025-01-10 TRANSCRIPT OF PROCEEDINGS held on 12/19/2024 before the Honorable April M. Perry. Order Number: 50677. Court Reporter Contact Information: Noreen Resendez, noreen_resendez@ilnd.uscourts.gov,312.582.5267. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/31/2025. Redacted Transcript Deadline set for 2/10/2025. Release of Transcript Restriction set for 4/10/2025.
45 2025-01-15 DECLARATION of John Haarlow Proof of Service
46 2025-01-17 MEMORANDUM Supp. Brief iso Default Motion & Judgment
[+] 47 2025-01-17 DECLARATION of Lindsay E. Dansdill regarding memorandum in support of motion 46
[+] 48 2025-01-17 DECLARATION of Paul Kossof regarding memorandum in support of motion 46
49 2025-01-21 MINUTE entry before the Honorable April M. Perry: The Court has received the Plaintiff's supplemental materials in support of damages. While additional information about aggregate sales data for infringing Defendants has been provided, there is still no attempt to make a reasoned, evidence-based, individualized assessment of statutory damages on a defendant-by-defendant basis. The Court requests that someone familiar with all of the evidence and exhibits (including the spreadsheet at Doc. 48-2 at 7) attend the 1/31/2025 hearing to discuss each defendant's appropriate damages amount. In the alternative, Plaintiff may submit a spreadsheet by 1/29/2025 with a single line specific to each Defendant that sets forth all relevant information available about that particular Defendant's infringing conduct. Given that there is no evidence that the 40 defendants in this case acted jointly and thus are liable for the others' misconduct, the Court will not find that a uniform damages amount is appropriate. As a very basic example: five of the Defendants appear to have had $0 in infringing sales in the 30 days prior to the document production, whereas two of the Defendants appear to have each had more than $100,000 in sales during that same time period. While the Court understands that this is information provided by just one online sales platform, there is no justification at this time for those seven defendants to have the exact same damages amount. Mailed notice. (jcc,)
50 2025-01-21 MINUTE entry before the Honorable April M. Perry: At the request of Plaintiff's counsel, the hearing originally set for 1/31/2025 will be reset to 2/13/2025 at 10 a.m. in courtroom 1725. Mailed notice. (jcc,)
51 2025-01-29 MEMORANDUM 2nd Supp Brief ISO Plaintiff's Motion for Default
[+] 52 2025-01-29 DECLARATION of Paul Kossof regarding memorandum in support of motion 51
53 2025-02-13 MINUTE entry before the Honorable April M. Perry: Motion hearing held 2/13/2025. No Defendants appear. Plaintiff's motion for default judgment [34] is granted for all defendants, for the reasons stated in Court and consistent with the attached order. Enter order. Mailed notice. (jn,)
54 2025-02-14 DEFAULT JUDGMENT ORDER. Signed by the Honorable April M. Perry on 2/14/2025. Mailed notice. (jn,)
55 2025-02-14 ENTERED JUDGMENT on 2/14/2025. Civil case terminated. Mailed notice. (jcc,)
56 2025-03-12 RESPONSE by Green Dot Corp regarding Default Judgment Order 54 (Received by mail in the Clerk's Office on 3/12/2025) (Envelope postmarked 2/24/2025)