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2024-cv-05695

DCStar Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院：伊利诺伊州北法院
发案日期：2024-07-08
原告：DCStar Inc.
代理律所：SULLIVAN
诉讼类型：版权
# Date Description
[+] 1 2024-07-08 COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-22216426.
2 2024-07-08 CIVIL Cover Sheet (Sullivan, Ann Marie)
3 2024-07-08 ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie)
4 2024-07-08 ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter
[+] 5 2024-07-08 COMPLAINT by Plaintiff XYZ Corporation Complaint (Unredacted) Modified on 8/28/2024.
6 2024-07-08 MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym (Sullivan, Ann Marie)
[+] 7 2024-07-08 MEMORANDUM by XYZ Corporation in support of motion for leave to file 6 Certain Documents under Seal and to Temporarily Proceed under a Pseudonym
[+] 8 2024-07-08 NOTIFICATION of Affiliates by Plaintiff XYZ Corporation Notification of Affiliates (Sullivan, Ann Marie) Modified on 8/28/2024.
[+] 9 2024-07-11 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion 6 is denied in part. The motion is denied with respect to the request to temporarily proceed under a pseudonym. No-name litigation is disfavored in general, and the Seventh Circuit has repeatedly voiced disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings. The Court is not convinced that the circumstances described in Plaintiff's filing are truly exceptional; hundreds of other "Schedule A" cases proceed without anonymity and the Court cannot see why this case is any different. By July 18, 2024, Plaintiff may refile its complaint in its own name without the use of a pseudonym, and it may renew its motion to seal certain of its filings. Failure to do so by this deadline will result in dismissal without prejudice. In addition, Plaintiff should review the Court's standing order on "Schedule A" Cases, available at https://www.ilnd.uscourts.gov/judge-info.aspx?IuUaWzNcEoPr4PHl9tvcGaMUezk8AnJ1 under the "Case Procedures" tab. As explained there, Plaintiff must complete and file the template linked on that page before the Court will consider granting any motion for preliminary injunctive relief. If the template is not completed by July 25, 2024, the Court may dismiss this matter for failure to prosecute. Mailed notice.
[+] 10 2024-07-18 AMENDED complaint by DCSTAR Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A
11 2024-07-18 MOTION by Plaintiff DCSTAR Inc. for leave to file certain documents under seal (Renewed)
12 2024-07-18 MEMORANDUM by DCSTAR Inc. in support of motion for leave to file 11 certain documents under seal (Renewed)
13 2024-07-22 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for leave to file under seal 11 is granted. The filings at 5 8 may remain under seal. Mailed notice.
14 2024-07-22 MINUTE entry before the Honorable Lindsay C. Jenkins: The clerk is directed to amend the case caption to reflect that the Plaintiff is "DCStar Inc." Mailed notice.
15 2024-07-25 SCHEDULE OF DEFENDANTS by Plaintiff DCSTAR Inc. Schedule of Defendants in compliance with minute order 9 Modified on 8/28/2024.
16 2024-07-25 MOTION by Plaintiff DCSTAR Inc. for temporary restraining order
17 2024-07-25 MEMORANDUM by DCSTAR Inc. in support of motion for temporary restraining order 16
[+] 18 2024-07-25 DECLARATION of David Luo regarding motion for temporary restraining order 16
[+] 19 2024-07-25 EXHIBIT by Plaintiff DCSTAR Inc. Exhibit 2 - Part 1 Modified on 8/28/2024.
20 2024-07-25 DECLARATION of Alison K. Carter regarding motion for temporary restraining order 16
21 2024-07-25 MOTION by Plaintiff DCSTAR Inc. for Electronic Service of Process
22 2024-07-25 MEMORANDUM by DCSTAR Inc. in support of motion for miscellaneous relief 21
[+] 23 2024-07-25 DECLARATION of Ann Marie Sullivan regarding motion for miscellaneous relief 21
24 2024-07-26 ORDER written by the Honorable Lindsay C. Jenkins on 7/26/2024. Mailed notice. Modified on 8/28/2024.
25 2024-07-26 TRO Signed by the Honorable Lindsay C. Jenkins on 7/26/2024. Mailed notice. Modified on 8/28/2024.
[+] 26 2024-07-26 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff should email a proposed TRO to the Court's proposed order box no later than July 29, 2024. Mailed notice.
[+] 27 2024-08-06 MOTION by Plaintiff DCSTAR Inc. for extension of time of Temporary Restraining Order 25
28 2024-08-07 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO 27 is granted. The TRO is extended to August 23, 2024. Mailed notice
29 2024-08-08 INJUNCTION BOND in the amount of $ 10,000.00 posted by DCSTAR Inc. (Document not scanned)
30 2024-08-14 ATTORNEY Appearance for Defendant quanzhoudamaozankejiyouxianzerengongsi by Shengmao Mu
31 2024-08-20 MOTION by Plaintiff DCSTAR Inc. for preliminary injunction
[+] 32 2024-08-20 MEMORANDUM by DCSTAR Inc. in support of motion for preliminary injunction 31
[+] 33 2024-08-20 SUMMONS Returned Executed by DCSTAR Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/20/2024, answer due 9/10/2024; quanzhoudamaozankejiyouxianzerengongsi on 8/20/2024, answer due 9/10/2024.
34 2024-08-21 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 31 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by August 26, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until 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. Mailed notice.
[+] 35 2024-08-22 CERTIFICATE of Service by Alison K Carter on behalf of DCSTAR Inc. regarding order on motion for preliminary injunction, text entry, 34
36 2024-08-25 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by quanzhoudamaozankejiyouxianzerengongsi
37 2024-08-26 ATTORNEY Appearance for Defendant quanzhoudamaozankejiyouxianzerengongsi by Keaton David Smith
38 2024-08-26 MOTION by Defendant quanzhoudamaozankejiyouxianzerengongsi to set a briefing schedule Agreed
39 2024-08-27 MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order does not apply to Defendant quanzhoudamaozankejiyouxianzerengongsi. Plaintiff's motion for a preliminary injunction 31 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 35 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Sullivan & Carter, LLP, is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.
40 2024-08-27 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 8/27/2024. Mailed notice.
[+] 41 2024-08-27 MINUTE entry before the Honorable Lindsay C. Jenkins: The agreed motion to se a briefing schedule 38 is granted. Defendant's response to the motion for a preliminary injunction is due by September 9, 2024; Plaintiff's reply is due by September 16, 2024. By September 23, 2024, the parties are to file a joint status report as to their efforts to settle the matter. Mailed notice.
[+] 42 2024-09-09 OBJECTIONS by Arix Med, quanzhoudamaozankejiyouxianzerengongsi to memorandum in support of motion 32, MOTION by Plaintiff DCSTAR Inc. for preliminary injunction 31
[+] 43 2024-09-16 REPLY by DCSTAR Inc. to objections, 42
44 2024-09-17 MINUTE entry before the Honorable Lindsay C. Jenkins: The Court overrules 42 Defendant quanzhoudamaozankejiyouxianzerengongsi's objections to the motion for a preliminary injunction. The Court agrees with Plaintiff that it has shown a reasonable likelihood of success on the merits, including by showing that Plaintiff is the owner of the copyrights at issue, and that Defendant's image uses constituent elements of Plaintiff's copyright. Indeed, as Plaintiff notes, Plaintiff's copyrighted images were posted on Amazon in 2022, and the accused image bears a strong (if not nearly identical) similarity to the copyrighted image, so much so that it would lead any ordinary observer to conclude that one was copied directly from the other. Plaintiff is to email a proposed preliminary injunction order to the Court's proposed order box by September 18, 2024. By September 24, 2024 these parties are to jointly propose a plan for next steps, including a date by which this Defendant can file its answer or by when fact discovery can begin. Mailed notice.
45 2024-09-17 MINUTE entry before the Honorable Lindsay C. Jenkins: By September 20, 2024, Plaintiff shall file a status report regarding next steps in this case (except as to Defendant quanzhoudamaozankejiyouxianzerengongsi). If Plaintiff intends to file a motion for default judgment, it should be filed by that date, and if Plaintiff moves for default judgment as to the remaining Defendants, no status report need be filed. Mailed notice.
46 2024-09-18 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 31 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 35 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Sullivan & Carter, LLP, is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.
47 2024-09-18 PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 9/18/2024. Mailed notice.
[+] 48 2024-09-20 MOTION by Plaintiff DCSTAR Inc. for entry of default, MOTION by Plaintiff DCSTAR Inc. for default judgment as to defaulting defendants
[+] 49 2024-09-20 MEMORANDUM by DCSTAR Inc. in support of motion for entry of default, motion for default judgment 48
50 2024-09-20 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 48 for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before September 27, 2024. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice.
[+] 51 2024-09-23 CERTIFICATE of Service by Alison K Carter on behalf of DCSTAR Inc. regarding order on motion for entry of default, order on motion for default judgment, text entry, 50
52 2024-09-24 STATUS Report by DCSTAR Inc.
53 2024-09-25 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's status report indicates that it has attempted to contact the remaining Defendant(s) to propose a schedule as the Court instructed [see 44]. According to Plaintiff, its efforts to do so were unsuccessful. Any remaining Defendant, including but not limited to Arix Med and quanzhoudamaozankejiyouxianzerengongsi, must file an answer by October 7, 2024. If no answer or responsive pleading is filed by that date, Plaintiff should move for default as to these (and any other outstanding) Defendants. Mailed notice.
54 2024-09-30 MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendants Arix Med and quanzhoudamaozankejiyouxianzerengongsi. No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [[xx]] is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks and copyrights irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants (Plaintiff has failed to seek an accounting of profits), the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $75,000 is an appropriate amount. Enter partial final judgment order. Mailed notice. (Main Document 54 replaced on 9/30/2024).
55 2024-09-30 ENTERED PARTIAL JUDGMENT as to certain defendants Signed by the Honorable Lindsay C. Jenkins on 9/30/2024. Mailed notice.
56 2024-10-07 ANSWER to amended complaint by quanzhoudamaozankejiyouxianzerengongsi
57 2024-10-07 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff and Defendant quanzhoudamaozankejiyouxianzerengongsi are to confer and propose a joint fact discovery schedule by October 11, 2024. Mailed notice.
58 2024-10-11 NOTICE of appeal by Arix Med, quanzhoudamaozankejiyouxianzerengongsi regarding orders 47, 44 Filing fee $ 605, receipt number AILNDC-22592434. Receipt number: n
59 2024-10-11 ATTORNEY Appearance for Defendant quanzhoudamaozankejiyouxianzerengongsi by Abby Marie Neu
60 2024-10-11 STATUS Report regarding Joint Fact Discovery Plan by DCSTAR Inc.
61 2024-10-11 DOCKETING Statement by Arix Med, quanzhoudamaozankejiyouxianzerengongsi regarding notice of appeal 58
62 2024-10-11 MINUTE entry before the Honorable Lindsay C. Jenkins: In light of Defendant quanzhoudamaozankejiyouxianzerengongsi's notice of appeal 58 the matter is stayed. Emailed notice
63 2024-10-15 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 58
64 2024-10-15 TRANSMITTED to the 7th Circuit the short record on notice of appeal 58. Notified counsel
65 2024-10-15 MINUTE entry before the Honorable Lindsay C. Jenkins: The Court appreciates the status report filed at 60 It would not be appropriate to set a fact discovery schedule until the appeal has been resolved, so the matter remains stayed. Mailed notice.
66 2024-10-16 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 58 ; USCA Case No. 24-2827.
67 2024-11-04 STIPULATION of Dismissal
68 2024-11-04 MINUTE entry before the Honorable Lindsay C. Jenkins: The Court requests an update from the parties on when a stipulation of dismissal will be filed in the pending appeal before the Court of Appeals. A short update on this topic is due by November 7, 2024. Mailed notice.
70 2024-11-05 MANDATE of USCA dated 11/05/2024 regarding notice of appeal [58]; USCA No. 24-2827; No record to be returned.
71 2024-11-05 CERTIFIED copy of order dated 11/05/2024 from the 7th Circuit regarding notice of appeal [58]; Appellate case no.: 24-2827; IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b).
69 2024-11-06 MINUTE entry before the Honorable Lindsay C. Jenkins: The matter has been dismissed in the Court of Appeals, so pursuant to the stipulation of dismissal [67] the matter has concluded. No status report need be filed by November 7, 2024. Civil case terminated. Mailed notice.
72 2024-11-07 MAILED Copyright report with certified copy of minute order dated 11/06/2024 to Registrar, Washington DC