Judgment - AO450
Shenzhen Gaiyatuopu Network Technology Co., Ltd. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified On Schedule A
案件进展
101 条记录Default Judgment
Order on Motion for Default Judgment AND Order on Motion for Entry of Default
原告申请缺席判决Default Judgment AND Entry of Default
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Beth W. Jantz for the purpose of holding proceedings related to: discovery supervision and scheduling, the authority to set, adjust, and extend all discovery deadlines, and to conduct a settlement conference, if requested by the parties. (cc, )Mailed notice. (Entered: 05/22/2025)
和解/判决执行进展MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the plaintiff's status report 95, which was submitted without input from defense counsel despite efforts by plaintiff's counsel to contact counsel. This case is referred to the assigned Magistrate Judge for discovery supervision and scheduling, the authority to set, adjust, and extend all discovery deadlines, and to conduct a settlement conference, if requested by the parties. The previously set 4/28/25 tracking status hearing is stricken and re-set to 7/28/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) (Entered: 05/22/2025)
和解/判决执行进展REPORT of Rule 26(f) Planning Meeting by Shenzhen Gaiyatuopu Network Technology Co., Ltd. (Lee, Nicholas) (Entered: 05/19/2025)
NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Defendant No. 60 (Small Shop in the Clouds) (Lee, Nicholas) (Entered: 05/12/2025)
NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Def. No. 59 (Miiao) (Lee, Nicholas) (Entered: 04/30/2025)
NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Defendant No. 61 (Lee, Nicholas) (Entered: 04/11/2025)
NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. on Certain Defendant (#15) (Lee, Nicholas) (Entered: 04/02/2025)
STIPULATION of Dismissal of Certain Defendants (#11, #52, #86) (Lee, Nicholas) (Entered: 04/02/2025)
MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's counsel's motion to withdraw and stay deadlines 83 is granted as follows. Attorneys Edward L. Bishop, Benjamin A. Campbell, and Sameeul Haque are terminated as counsel for plaintiff. Attorney Nicholas Lee remains as counsel for plaintiff. Defendant "small shop in the clouds'" motion for extension of time to answer or otherwise plead 87 is granted. If this matter is not resolved as to defendant small shop in the clouds, defendant shall answer or otherwise plead by 4/2/25. By 4/16/25, any remaining parties shall file a joint status report with a proposed schedule for proceeding in this case. The previously set 2/10/25 tracking status hearing is stricken and re-set to 4/28/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) (Entered: 03/21/2025)
ATTORNEY Appearance for Defendants Alardor Fan, COCO GIFT WORLD, GIVEME GIVEME, Hand Held fan A, JODK, JULIE PICKS, KTaoduoduo, Krfeitao, L Laola, Lxfaitao, Rfeitao, TOPJOYOUS, TOPK GLOBAL, TOPK HOME APPLIANCES, Counter Claimants GIVEME GIVEME, Hand Held fan A, JODK, TOPK GLOBAL, TOPK HOME APPLIANCES, Counter Defendants GIVEME GIVEME, Hand Held fan A by Jianyin Liu (Liu, Jianyin) (Entered: 03/19/2025)
MOTION by Defendant Small shop in the clouds for extension of time to file answer regarding complaint, 1 UNOPPOSED (Chen, Yong) (Entered: 03/14/2025)
ATTORNEY Appearance for Defendant Small shop in the clouds by Yong Chen (Chen, Yong) (Entered: 03/14/2025)
NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. (Notice of Dismissal Under Rule 41(a)(1)) (Lee, Nicholas) (Entered: 03/03/2025)
原告撤诉/结案NOTICE by Nicholas S. Lee of Change of Address (Lee, Nicholas) (Entered: 03/03/2025)
MOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. to withdraw as Counsel and Stay Deadlines (Bishop, Edward) (Entered: 02/13/2025)
NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Def. No. 47 (Campbell, Benjamin) (Entered: 01/31/2025)
查看公开文件 ↗NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Def. No. 46 (Campbell, Benjamin) (Entered: 01/23/2025)
查看公开文件 ↗NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Def. No. 28 (Campbell, Benjamin) (Entered: 01/22/2025)
NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) Lweong Co.Ltd (Defendant #30) with prejudice (Lee, Nicholas) (Entered: 01/17/2025)
原告撤诉/结案NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) YJD BEAUTY (Defendant #84) with prejudice (Lee, Nicholas) (Entered: 01/15/2025)
原告撤诉/结案RESPONSE by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. to answer to complaint,, counterclaim, 42 (Lee, Nicholas) (Entered: 01/09/2025)
RESPONSE by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. to answer to complaint, counterclaim 40 (Lee, Nicholas) (Entered: 01/09/2025)
NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) SKUDY SHOP (Defendant #62) with prejudice (Lee, Nicholas) (Entered: 01/08/2025)
原告撤诉/结案PRELIMINARY INJUNCTION ORDER Signed by the Honorable Jeffrey I Cummings on 1/7/2025. Mailed notice(nsf, ) (Entered: 01/07/2025)
法院批准初步禁令 查看公开文件 ↗NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) Cool-Summer (Defendant #23) with prejudice (Lee, Nicholas) (Entered: 01/07/2025)
原告撤诉/结案NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) Trimit Store (Defendant #9) with prejudice (Lee, Nicholas) (Entered: 01/06/2025)
原告撤诉/结案NEW PARTIES: CHCoohea, AKANDS Direct, TOPK US(brand:Warmco), ACEES, Lucarni, SCGJ, V-flier, TOPJOYOUS, Trimit Store, Nhpoi, RJVW store, SWEETFULL, JunZe, BTBHIHO Direct, Smilfree-US, Yuefeng Plus, SETONIA, QQT-US, HandFan, HOMESMG, longhuadianzi, Silver baby Shenzhen Co.,LTD, KeewayTech, Edvision, lzjvk, XIAOSONG Co.Ltd, JTY TRADE LLC, Lweong Co.Ltd, TLARDER STORE, yamoh_8731, gibsoma, LionLogistics, Weston Global Tech, Bela donaa limited, Job Lot's Galore, bargainssolutions1, studiopalus, ji455397, anided-0, TheNowStore, Ditzy Doll, Herba Natural Life, bcdecc, Bingbo, CHUNXIAO, xusanbaofushi, SZKONGLONG, MODOLL, QDFC, Miiao, Small shop in the clouds, HLH Lights, SKUDY SHOP, LCGZ, Parknshop Digital, SWEETFULL, YEKALE, See inconceivable, COCO GIFT WORLD, Nova Decor, Frode boutique, Karoi Boutique, HaoKe Hardware Jewelry, LXcc TOYS, wensbag, Comfy Cozy Home, LW Camera, AESTHETICISMTEN, KTaoduoduo, Be Higher, Quality wins digital home, DCHLLC, YJD BEAUTY, MF Tidal goods, Ruisheng Da digital franchise and LATENNO added to case caption. (Lee, Nicholas)
MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction 49 is granted as to the remaining defendants. 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 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 remaining defendant. By 1/3/25, plaintiff shall submit an updated proposed preliminary injunction order reflecting only the remaining defendants to the Court's proposed order inbox (proposed_order_cummings@ilnd.uscourts.gov). 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. The 1/10/25 tracking status hearing is stricken and re-set to 2/10/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) (Entered: 12/30/2024)
法院批准初步禁令ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. (tg, ) (Entered: 12/31/2024)
NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Def. No. 18 (Campbell, Benjamin) (Entered: 12/26/2024)
查看公开文件 ↗NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41 (a)(1) JTY TRADE LLC (Defendant #29) with prejudice (Lee, Nicholas) (Entered: 12/23/2024)
原告撤诉/结案 查看公开文件 ↗NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) Yuefeng Plus (Defendant #17) with prejudice (Lee, Nicholas) (Entered: 12/19/2024)
原告撤诉/结案 查看公开文件 ↗NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) DCHLLC (Defendant #83) with prejudice (Lee, Nicholas) (Entered: 12/19/2024)
原告撤诉/结案 查看公开文件 ↗NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) YEKALE (Defendant #66) with prejudice (Lee, Nicholas) (Entered: 12/19/2024)
原告撤诉/结案 查看公开文件 ↗ATTORNEY Appearance for Defendants cool-summer, karoi botique by Pete Scott Wolfgram (Wolfgram, Pete) (Entered: 12/18/2024)
NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) SWEETFULL (Defendant #65) with prejudice (Lee, Nicholas) (Entered: 12/16/2024)
原告撤诉/结案 查看公开文件 ↗NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Def. No. 13 (Lee, Nicholas) (Entered: 12/14/2024)
查看公开文件 ↗MINUTE entry before the Honorable Jeffrey I Cummings: Counsel for plaintiff and defendant Nos. 13 and 65 have informed the Court that they have reached a settlement in principle and will file a stipulation to dismiss in due course. Accordingly, the 12/13/24 motion hearing is stricken and defendants' emergency motion to vacate the TRO 31 is denied as moot. Plaintiff's motion for preliminary injunction 49 is denied as moot solely with respect to defendant nos. 13 and 65 and remains pending as to the remaining defendants. Mailed notice. (sxh, ) (Entered: 12/13/2024)
原告提交TRO申请NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Def. 87 (Campbell, Benjamin) (Entered: 12/12/2024)
查看公开文件 ↗NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Def. No. 78 (Campbell, Benjamin) (Entered: 12/12/2024)
查看公开文件 ↗CERTIFICATE of Service by Sameeul Haque on behalf of Shenzhen Gaiyatuopu Network Technology Co., Ltd. regarding text entry,,,,, 57 (Attachments: # 1 Exhibit A)(Haque, Sameeul) (Entered: 12/11/2024)
MINUTE entry before the Honorable Jeffrey I Cummings: The Court is in receipt of plaintiff's motion for preliminary injunction as to the remaining defendants and orders as follows with respect to all remaining defendants, excluding defendant nos. 13 and 65, who have already lodged objections to plaintiff's request for preliminary injunction. In connection with the motion for preliminary injunction, 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 or before December 20, 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 order entering the TRO, the TRO is extended as to the remaining defendants to and including the date upon which 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 Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice (cc, ) (Entered: 12/11/2024)
法院批准初步禁令MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the parties' submissions regarding the emergency motion to vacate the TRO filed by defendant nos. 13 and 65. Webex video motion hearing regarding the emergency motion set for 12/13/24 at 9:00 a.m. CT. Counsel for plaintiff and counsel for defendant nos. 13 and 65 shall appear at the hearing through the video Webex link that will be provided to counsel by the Court's staff. The Court notes that plaintiff raised concerns in its response to the motion 47 that defendants were recently only willing to discuss a briefing schedule on the motion or "a full settlement of the case." However, the extent of the parties' attempts to discuss a full settlement of this case remains unclear. As such, in advance of the hearing, plaintiff's counsel and counsel for defendant nos. 13 and 65 shall meet and confer regarding settlement and shall be prepared to report on those efforts at the 12/13/24 hearing. The Court notes that pursuant to this Court's orders 21 28, the TRO remains in effect with respect to defendant nos. 13 and 65. For interested parties, the call-in number for the 12/13/24 hearing is (855) 244-8681 and the access code is 2316 857 8106. Members of the public and media will be able to call in to listen to the motion hearing. 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 (cc, ) (Entered: 12/11/2024)
原告提交TRO申请NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under 41(a)(1) Troff Picks (Defendant #88) and LATENNO (Defendant #89) without prejudice (Lee, Nicholas) (Entered: 12/11/2024)
原告撤诉/结案 查看公开文件 ↗NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) ACEES (Defendant #4), Lucarni (Defendant #5), SCGJ (Defendant #6), Nhpoi (Defendant #10), JunZe (Defendant #14), and QQT-US (Defendant #19), with prejudice (Lee, Nicholas) (Entered: 12/11/2024)
原告撤诉/结案 查看公开文件 ↗NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) See inconceivable (Defendant #67) and MF Tidal goods (Defendant #85) without prejudice (Lee, Nicholas) (Entered: 12/11/2024)
原告撤诉/结案 查看公开文件 ↗REPLY by Shenzhen Aixiong Technology Co., Ltd. to MOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. for preliminary injunction as to certain Defendants 49, MOTION by Defendant Shenzhen Aixiong Technology Co., Ltd. to vacate SEALED Order 21 TO DISSOLVE THE EX PARTE TEMPORARY RESTRAINING ORDER (EMERGENCY) 31, memorandum in opposition to motion 47 Together with 31 Also in Opposition to Preliminary Injunction (Attachments: # 1 Exhibit Second Declaration of Fangzhou Chai, # 2 Exhibit Wayback Machine Webpage Archive Jan 3, # 3 Exhibit Wayback Machine Webpage Archive July 5)(Yu, Ziqi) (Entered: 12/11/2024)
原告提交TRO申请EXHIBIT by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. Exhibit 2 to the Declaration of Sameeul Haque regarding memorandum in support of motion 50 (Haque, Sameeul) (Entered: 12/11/2024)
MEMORANDUM by Shenzhen Gaiyatuopu Network Technology Co., Ltd. in support of motion for preliminary injunction 49 as to certain Defendants (Attachments: # 1 Declaration of Sameeul Haque, # 2 Exhibit 1)(Haque, Sameeul) (Entered: 12/10/2024)
法院批准初步禁令MOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. for preliminary injunction as to certain Defendants (Attachments: # 1 Exhibit A)(Haque, Sameeul) (Entered: 12/10/2024)
法院批准初步禁令SUMMONS Returned Executed by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A on 12/10/2024, answer due 12/31/2024. (Attachments: # 1 Declaration of Kathryn Smith, # 2 Exhibit A)(Lee, Nicholas) (Entered: 12/10/2024)
MEMORANDUM by Shenzhen Gaiyatuopu Network Technology Co., Ltd. in Opposition to motion to vacate,,, 31 (Attachments: # 1 Exhibit Exhibit A - Amazon Sales, # 2 Exhibit Exhibit B - Temu Sales)(Campbell, Benjamin) (Entered: 12/09/2024)
查看公开文件 ↗MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the parties' status report 44 regarding defendant Shenzhen Aixiong Technology Co., Ltd.'s emergency motion 31 . By agreement of the parties, plaintiff will respond to the motion by 12/9/24 and the moving defendant shall reply by 12/11/24. The Court will review the parties' submissions and issue further orders as appropriate. The parties are encouraged to continue their efforts to resolve their dispute and shall promptly notify the Court through the filing of a joint status report if they reach such an agreement. Mailed notice (cc, ) (Entered: 12/09/2024)
NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) lzjvk (Defendant 27) with prejudice (Lee, Nicholas) (Entered: 12/09/2024)
原告撤诉/结案 查看公开文件 ↗STATUS Report (Joint) Re: Dkt. 38 by Shenzhen Gaiyatuopu Network Technology Co., Ltd. (Campbell, Benjamin) (Entered: 12/06/2024)
ATTORNEY Appearance for Defendants JULIE PICKS, L Laola, Troff Picks, Alardor Fan, Lxfaitao, Rfeitao, Krfeitao, Taoduoduo by Pete Scott Wolfgram (Wolfgram, Pete) (Entered: 12/06/2024)
ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by JODK, TOPK HOME APPLIANCES, TOPK GLOBAL against Shenzhen Gaiyatuopu Network Technology Co., Ltd. . by JODK, TOPK HOME APPLIANCES, TOPK GLOBAL(Wolfgram, Pete) (Entered: 12/06/2024)
ATTORNEY Appearance for Defendants TOPK GLOBAL, JODK, TOPK HOME APPLIANCES by Pete Scott Wolfgram (Wolfgram, Pete) (Entered: 12/06/2024)
ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by Hand Held fan A, GIVEME GIVEME against Hand Held fan A, GIVEME GIVEME . by Hand Held fan A, GIVEME GIVEME(Wolfgram, Pete) (Entered: 12/06/2024)
ATTORNEY Appearance for Defendants Hand Held fan A, GIVEME GIVEME by Pete Scott Wolfgram (Wolfgram, Pete) (Entered: 12/06/2024)
MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed plaintiff's response 35 and defendant's reply 36 regarding defendant's emergency motion to dissolve the TRO. Those documents reveal that notwithstanding the parties' ongoing dispute as to their various attempts to meet and confer, the parties have not fully exhausted their efforts to meet and confer to discuss the possible resolution of defendant's motion without further court intervention. As such, the parties must promptly schedule a telephonic conference to meet and confer regarding defendant's motion. That conference shall be completed by no later than 2:00 p.m. on 12/6/24. The parties shall then file a joint status report by 7:00 p.m. CT on 12/6/24 memorializing their efforts to resolve the motion. The Court will enter further orders as appropriate upon review of the joint status report. Mailed notice (cc, ) (Entered: 12/05/2024)
原告提交TRO申请NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) CHCoohea (Defendant #1) and Edvision (Defendant #26) with prejudice (Lee, Nicholas) (Entered: 12/05/2024)
原告撤诉/结案RESPONSE by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. to set motion and R&R deadlines/hearings,,, 32 (Attachments: # 1 Exhibit Ex. A - 12/2 Email, # 2 Exhibit Ex. B - 12/2 Response, # 3 Exhibit Ex. C - 12/4 Email)(Campbell, Benjamin) (Entered: 12/04/2024)
NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) TOPK US(brand: Warmco) (Defendant 3) with prejudice (Lee, Nicholas) (Entered: 12/03/2024)
原告撤诉/结案NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Def. No. 12 and Def. No. 16 (Haque, Sameeul) (Entered: 12/03/2024)
MINUTE entry before the Honorable Jeffrey I Cummings: The Court is in receipt of defendant Shenzhen Aixiong Technology Co.'s emergency motion to vacate the TRO 31 . As of the filing of that motion, plaintiff's counsel had not yet responded to defense counsel's request to determine whether the motion would be opposed. Plaintiff's counsel and defense counsel shall promptly meet and confer regarding the relief sought in defendant's motion. If the parties reach an agreement, they shall file a joint status report indicating as such. If the parties are unable to reach an agreement, plaintiff shall respond to defendant's motion by close of business on 12/4/24. The Court will review the parties' submissions and issue further orders as appropriate. Mailed notice (cc, ) (Entered: 12/02/2024)
原告提交TRO申请MOTION by Defendant Shenzhen Aixiong Technology Co., Ltd. to vacate SEALED Order 21 TO DISSOLVE THE EX PARTE TEMPORARY RESTRAINING ORDER (EMERGENCY) (Attachments: # 1 Exhibit Declaration of Fangzhou Chai, # 2 Exhibit Sweetfull Trademarks, # 3 Exhibit ASIN B09MHFPW6Hs Sales Rank According to Keepa, # 4 Exhibit Plaintiff's US Design Patent USD964544, # 5 Exhibit Prior Art Chinese patent No. CN305809740S, # 6 Exhibit Prior Art Chinese patent No. CN306581614S, # 7 Exhibit Prior Art Korean patent No. KR3009971280000S, # 8 Exhibit Gaiatop trademark (No. 7115206), # 9 Exhibit Gaiatop trademark assignment information Reel/Frame 7931/0593, # 10 Exhibit Email Sent to Plaintiff's Counsel, # 11 Exhibit Read Receipt from Edward L. Bishop, # 12 Certificate of Service)(Yu, Ziqi) (Entered: 12/01/2024)
原告提交TRO申请NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shenzhen Aixiong Technology Co., Ltd. (Yu, Ziqi) (Entered: 11/29/2024)
ATTORNEY Appearance for Defendant Shenzhen Aixiong Technology Co., Ltd. by Ziqi Yu (Yu, Ziqi) (Entered: 11/29/2024)
MINUTE entry before the Honorable Jeffrey I. Cummings: Plaintiff's motion for extension of the TRO 24 is granted. The TRO entered on 11/15/24 is extended to 12/13/24. Mailed notice(maf) (Entered: 11/27/2024)
法院批准TRONOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Def. No. 25 (Lee, Nicholas) (Entered: 11/26/2024)
NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Def. No. 21 (Campbell, Benjamin) (Entered: 11/26/2024)
MEMORANDUM by Shenzhen Gaiyatuopu Network Technology Co., Ltd. in support of motion for miscellaneous relief 24 (Attachments: # 1 Declaration of Sameeul Haque)(Haque, Sameeul) (Entered: 11/25/2024)
MOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. To Extend the Temporary Restraining Order (Haque, Sameeul) (Entered: 11/25/2024)
法院批准TRONOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) HandFan (Defendant 20) without prejudice (Lee, Nicholas) (Entered: 11/25/2024)
原告撤诉/结案SURETY BOND in the amount of $ 10,000 posted by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Document not imaged. (Received at the Intake Counter on 11/21/2024.) (daj, ) (Entered: 11/21/2024)
TEMPORARY Restraining Order: Signed by the Honorable Jeffrey I Cummings on 11/15/2024.Mailed notice (cc, ) Modified on 1/8/2025 (rc, ). (Entered: 11/15/2024)
法院批准TROMINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed plaintiffs' memorandum in support of joinder 18 and finds that joinder is proper at this preliminary stage pursuant to Fed.R.Civ.P. 20(a)(2). Specifically, plaintiffs have alleged that beyond just infringing the same patent - which alone is insufficient to establish the propriety of joinder, see Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 187 (N.D.Ill. 2020), the defendants are located China or other remote jurisdictions, certain of the defendant stores bear similar layouts using the same text and images, and - most importantly to this Court - the counterfeit products "bear similar irregularities and indicia of being infringing," supporting the inference that the products come from a common manufacturing source. (See Dckt. #5 - Verified Complaint). Further, 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. And, of course, the Court's finding regarding joinder in this case is not dispositive of the propriety of joinder in any other cases before the Court. Plaintiff's motion for leave to file under seal 4, plaintiff's ex parte motion for temporary restraining order 14, including a temporary injunction, a temporary asset restraint, and expedited discovery, and plaintiff's 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. The Temporary Restraining Order being entered along with this order will also be entered 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. The previously set 10/14/24 tracking status hearing is stricken and re-set to 1/10/25 at 9:00 a.m. (to track the case only, no appearance is required). In light of this order, plaintiff's motion for a status hearing 19 is denied as moot. Mailed notice (cc, ) (Entered: 11/15/2024)
法院批准TROMOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. for hearing (Attachments: # 1 Exhibit A)(Lee, Nicholas) (Entered: 11/15/2024)
MEMORANDUM text entry,,, 17 by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Regarding the Propriety of Joinder (Haque, Sameeul) (Entered: 07/22/2024)
MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file under seal 4, plaintiff's motion for temporary restraining order 14, 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 90 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 7/19/24, 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 along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Mailed notice (cc, ) (Entered: 07/03/2024)
法院批准TROMOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. for Alternative Service (Lee, Nicholas) (Entered: 06/28/2024)
MEMORANDUM by Shenzhen Gaiyatuopu Network Technology Co., Ltd. in support of motion for temporary restraining order,, motion for miscellaneous relief, 14 including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Attachments: # 1 Declaration of N. Lee, # 2 Exhibit 1 to Lee Declaration)(Lee, Nicholas) (Entered: 06/28/2024)
原告提交TRO申请MOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. for temporary restraining order, MOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. including a Temporary Injunction, A Temporary Asset Restraint, and Expedited Discovery (Lee, Nicholas) (Entered: 06/28/2024)
原告提交TRO申请ATTORNEY Appearance for Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. by Sameeul Haque (Haque, Sameeul) (Entered: 06/19/2024)
ATTORNEY Appearance for Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. by Benjamin Adam Campbell (Campbell, Benjamin) (Entered: 06/19/2024)
ATTORNEY Appearance for Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. by Nicholas S. Lee (Lee, Nicholas) (Entered: 06/19/2024)
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shenzhen Gaiyatuopu Network Technology Co., Ltd. (Bishop, Edward) (Entered: 06/19/2024)
EXHIBIT by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. Exhibit 2D (Attachments: # 1 Defendant 76, # 2 Defendant 77, # 3 Defendant 78, # 4 Defendant 79, # 5 Defendant 80, # 6 Defendant 81, # 7 Defendant 82, # 8 Defendant 83, # 9 Defendant 84, # 10 Defendant 85, # 11 Defendant 86, # 12 Defendant 87, # 13 Defendant 88, # 14 Defendant 89, # 15 Defendant 90)(Bishop, Edward) (Entered: 06/19/2024)
EXHIBIT by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. Exhibit 2C (Attachments: # 1 Defendant 51, # 2 Defendant 52, # 3 Defendant 53, # 4 Defendant 54, # 5 Defendant 55, # 6 Defendant 56, # 7 Defendant 57, # 8 Defendant 58, # 9 Defendant 59, # 10 Defendant 60, # 11 Defendant 61, # 12 Defendant 62, # 13 Defendant 63, # 14 Defendant 64, # 15 Defendant 65, # 16 Defendant 66, # 17 Defendant 67, # 18 Defendant 68, # 19 Defendant 69, # 20 Defendant 70, # 21 Defendant 71, # 22 Defendant 72, # 23 Defendant 73, # 24 Defendant 74, # 25 Defendant 75)(Bishop, Edward) (Entered: 06/19/2024)
EXHIBIT by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. Exhibit 2B (Attachments: # 1 Defendant 26, # 2 Defendant 27, # 3 Defendant 28, # 4 Defendant 29, # 5 Defendant 30, # 6 Defendant 31, # 7 Defendant 32, # 8 Defendant 33, # 9 Defendant 34, # 10 Defendant 35, # 11 Defendant 36, # 12 Defendant 37, # 13 Defendant 38, # 14 Defendant 39, # 15 Defendant 40, # 16 Defendant 41, # 17 Defendant 42, # 18 Defendant 43, # 19 Defendant 44, # 20 Defendant 45, # 21 Defendant 46, # 22 Defendant 47, # 23 Defendant 48, # 24 Defendant 49, # 25 Defendant 50)(Bishop, Edward) (Entered: 06/19/2024)
EXHIBIT by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. Exhibit 2A (Attachments: # 1 Defendant 1, # 2 Defendant 2, # 3 Defendant 3, # 4 Defendant 4, # 5 Defendant 5, # 6 Defendant 6, # 7 Defendant 7, # 8 Defendant 8, # 9 Defendant 9, # 10 Defendant 10, # 11 Defendant 11, # 12 Defendant 12, # 13 Defendant 13, # 14 Defendant 14, # 15 Defendant 15, # 16 Defendant 16, # 17 Defendant 17, # 18 Defendant 18, # 19 Defendant 19, # 20 Defendant 20, # 21 Defendant 21, # 22 Defendant 22, # 23 Defendant 23, # 24 Defendant 24, # 25 Defendant 25)(Bishop, Edward) (Entered: 06/19/2024)
COMPLAINT by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. (Attachments: # 1 Schedule A, # 2 Exhibit 1, # 3 Exhibit 6, # 4 Notice of Claims)(Bishop, Edward) (Entered: 06/19/2024)
查看公开文件 ↗MOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. for Leave to File Certain Documents Under Seal (Bishop, Edward) (Entered: 06/19/2024)
Notice of Claims by Shenzhen Gaiyatuopu Network Technology Co., Ltd. (Bishop, Edward) (Entered: 06/19/2024)
CIVIL Cover Sheet (Bishop, Edward) (Entered: 06/19/2024)
COMPLAINT filed by Shenzhen Gaiyatuopu Network Technology Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22159738. (Attachments: # 1 Schedule A, # 2 Exhibit 1 (Redacted), # 3 Exhibit 2 (Redacted), # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6 (Redacted))(Bishop, Edward) (Entered: 06/19/2024)
