Microsoft Corporation v. The Partnerships And Unincorporated Associations Identified On Schedule A,

FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 8/6/2024. Mailed notice(lxs, ) (Entered: 08/06/2024)

MINUTE entry before the Honorable Sunil R. Harjani: The following order does not apply to Defendants Beaustar, dearlovey, getnamenecklace, myinfinitys, roseinside, Potota, and TQTYOY. No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 58 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 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 $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established 71 that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 8/13/2024 is stricken. To obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any defendant. Enter separate Final Judgment Order against Defaulting Defendants. Mailed notice (lxs, ) (Entered: 08/06/2024)

MINUTE entry before the Honorable Sunil R. Harjani: The following order does not apply to Defendants Beaustar, dearlovey, getnamenecklace, myinfinitys, roseinside, Potota, and TQTYOY. No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 58 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 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 $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established 71 that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 8/13/2024 is stricken. To obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any defendant. Enter separate Final Judgment Order against Defaulting Defendants. Mailed notice (lxs, ) (Entered: 08/06/2024)

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 58 for entry of default and default judgment against all remaining defendants, with the exception of Defendants Beaustar, dearlovey, getnamenecklace, myinfinitys, roseinside, Potota, and TQTYOY. The following order does not apply to Defendants Beaustar, dearlovey, getnamenecklace, myinfinitys, roseinside, Potota, and TQTYOY. All remaining defendants, however, have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of 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 8/5/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 8/5/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. 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. A tentative default judgment hearing is set for 8/13/2024 at 9:15 a.m. Telephone status hearing set for 8/6/2024 is stricken. Mailed notice (lxs, ) (Entered: 07/29/2024)

MEMORANDUM by Microsoft Corporation in support of motion for entry of default,, motion for default judgment, 58 (Attachments: # 1 Exhibit 1)(Trainor, Martin) (Entered: 07/24/2024)

MOTION by Plaintiff Microsoft Corporation for entry of default, MOTION by Plaintiff Microsoft Corporation for default judgment as to all Defendants with the Exception of Certain Defendants (Attachments: # 1 Exhibit 2, # 2 Exhibit A)(Trainor, Martin) (Entered: 07/24/2024)

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 6/11/2024. Mailed notice(lxs, ) (Entered: 06/11/2024)

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 30 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 34 that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 6/12/2024 is stricken. Summons were issued on 5/17/2024, and Defendants' responses to the complaint are due by 6/26/2024. Plaintiff should file any motion for entry of default and default judgment by 7/24/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 8/6/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) (Entered: 06/11/2024)

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 30 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all 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 6/10/2024." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 6/10/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. 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. Telephone status hearing set for 6/12/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice (lxs, ) (Entered: 06/06/2024)

MEMORANDUM by Microsoft Corporation in support of motion for preliminary injunction 30 (Attachments: # 1 Declaration of Martin F. Trainor, # 2 Exhibit 1)(Trainor, Martin) (Entered: 06/05/2024)

MOTION by Plaintiff Microsoft Corporation for preliminary injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit A)(Trainor, Martin) (Entered: 06/05/2024)

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 25 is granted. For the reasons stated in Plaintiff's Memorandum 26, the Court finds good cause to extend the temporary restraining order an additional 14 days to 6/12/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 6/5/2024. Telephone status hearing set for 5/29/2024 is stricken and reset to 6/12/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) (Entered: 05/23/2024)

MOTION by Plaintiff Microsoft Corporation to Extend the Temporary Restraining Order (Trainor, Martin) (Entered: 05/22/2024)

TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sunil R. Harjani on 5/15/2024. Mailed notice(lxs, ) Modified on 6/14/2024 (nsf, ). (Entered: 05/15/2024)

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed a Memorandum 19 establishing joinder as directed. At this preliminary stage and in the absence of adversarial presentation, the Court finds that joinder of 217 Defendants is proper at this time and this case may now proceed. Moreover, no defendants will be prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Id. Plaintiff's motion for leave to file certain documents under seal 3, ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 12, and motion for electronic service of process 16 are granted. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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 likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 4:30 p.m. on 5/15/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 5/22/2024. Telephone status hearing is set for 5/29/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) (Entered: 05/15/2024)

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for temporary restraining order 12 and plaintiff's motion for electronic service of process 16 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 215 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 5/8/2024, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder . In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants. Estee Lauder, 334 F.R.D. at 189. A telephone status hearing is set for 5/22/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) (Entered: 05/01/2024)

MOTION by Plaintiff Microsoft Corporation for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Attachments: # 1 Text of Proposed Order)(Trainor, Martin) (lxs, ). (Entered: 04/30/2024)

MINUTE entry before the Honorable Sunil R. Harjani: This case has been assigned to the calendar of Judge Sunil R. Harjani. Plaintiff shall use the form proposed orders linked to this minute entry on the docket to assist the Court in reviewing any motions for: (1) temporary restraining order; (2) preliminary injunction; and (3) default judgments. Plaintiff shall create a redline comparison of its proposed order against the relevant form. The redline comparison shall be attached as an exhibit to the motion and submitted with the proposed order to the Court's proposed order email box. A proposed order's conformity with the form does not imply that the associated motion will be granted. Plaintiff should explain any differences between its proposed orders and the form proposed orders in any comment box. To the extent that Plaintiff submits a Motion for a Temporary Restraining Order, counsel should also be aware that Judge Harjani will presumptively require a bond of $1,000 per defendant. Plaintiff should inform the Court of any circumstances that make such a bond inappropriate. (Attachments: # 1 Form of Proposed Temporary Restraining Order, # 2 Form of Proposed Preliminary Injunction), # 3 Form of Proposed Default Judgment). Mailed notice (Attachments: # 1 Form of Proposed Temporary Restraining Order, # 2 Form of Proposed Preliminary Injunction, # 3 Form of Proposed Default Judgment) (lxs, ) (Entered: 04/23/2024)