SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

***Civil Case Terminated. Case termed 09/07/2021 R.21.

SATISFACTION of Judgment

MAILED trademark report along with copy of order dated 09/07/2021 to Patent Trademark Office, Alexandria VA

ENTERED JUDGMENT Signed by the courtroom deputy on 09/07/2021. Emailed notice

ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, the motion for default judgment 52 is granted in part. As explained in the Order, statutory damages are awarded in the amount of $25,000 against each Defendant. A permanent injunction will be entered in light of the finding of willfulness. A separate AO-450 judgment shall be entered. The tracking status hearing of 09/10/2021 is vacated. Civil case terminated. Emailed notice

STATUS Report Amended Status Report by TY, INC.

DECLARATION of Michael A. Hierl

附件：

1:Exhibit Hierl Exhibit 1

MEMORANDUM by TY, INC. in support of motion for default judgment 52

附件：

1:Exhibit 1
2:Exhibit 2

MOTION by Plaintiff TY, INC. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

DECLARATION of Robert P. McMurray Declaration of Service

STATUS Report by TY, INC.

MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal 48, under Federal Rule of Civil Procedure 41(a)(1)(i), the case is dismissed without prejudice as to Defendant No. 7 toyschina2011. Emailed notice

NOTICE of Voluntary Dismissal by TY, INC. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 7

MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 46, the Court sets a deadline 08/31/2021 for a default-judgment motion as to non-settled Defendants. Another status report is due on that date as well. The tracking status hearing of 08/06/2021 is reset to 09/10/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

STATUS Report by TY, INC.

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

SUMMONS Returned Executed by TY, INC. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 7/28/2021, answer due 8/18/2021.

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 06/25/2021. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for preliminary injunction 40 is granted in light of the continued circumstances that justified entry of the initial TRO. The Clerk's Office shall unseal all filings on this docket. The tracking status hearing of 07/02/2021 is reset to 08/06/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, by 07/30/2021 the parties shall file a joint initial status report or the Plaintiff shall file a default-judgment motion if appropriate. Emailed notice

附件：

1:Status Report Requirements

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 40

MEMORANDUM by TY, INC. in support of motion for preliminary injunction 40

MOTION by Plaintiff TY, INC. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MINUTE entry before the Honorable Edmond E. Chang: Given the continued circumstances that justified entry of the initial TRO, the Plaintiff's extension motion on the TRO 38 is granted through 07/01/2021. The tracking status hearing of 06/18/2021 is reset to 07/02/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, by 06/25/2021, the Plaintiff shall file a status report or, if appropriate, a motion for preliminary injunction. Emailed notice

MOTION by Plaintiff TY, INC. for extension of time Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

SURETY BOND in the amount of $10,000.00 posted by Plaintiff, TY, INC. (Document not scanned)

REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 06/03/2021. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 06/03/2021. Emailed notice (mw,)

MINUTE entry before the Honorable Edmond E. Chang: After receiving the proposed TRO, see R. 33, the TRO is entered today under seal, with a public redacted version posted as well. The TRO expires on 06/17/2021. The tracking status hearing of 06/18/2021 remains in place, as does the requirement to file the extension on the TRO (if appropriate) on 06/11/2021. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 8 for temporary restraining order and other relief is granted. An order will be entered under seal separately (after the Plaintiff emails the amended proposed order, as noted below). 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 request to file under seal is granted in light of the asset-restraint goal. On joinder, on examination of the online screenshots of the proposed amended Defendants, the uniqueness of the particular offered good (which is a very specific item with a unique design) and their striking similarity to one another makes joinder of the Amended Schedule A Defendants appropriate. ***By 05/20/2021, the Plaintiff shall email (1) an under-seal version and (2) a redacted version of the proposed TRO, both of which should reflect any edits needed by the Amended Schedule A.*** The TRO will expire 14 days after the Court actually enters it (and of course the TRO is not effective until its actual entry). The motion 7 for extra pages is granted. The Plaintiff's request for electronic service of process is granted. The tracking status hearing of 05/14/2021 is reset to 06/18/2021 at 8:30 a.m. The Plaintiff shall file the extension motion on the TRO no later than three business days before the expiration of the initial TRO. Emailed notice

ATTORNEY Appearance for Plaintiff TY, INC. by Robert Payton Mcmurray

MINUTE entry before the Honorable Edmond E. Chang: The joinder examination remains pending, so the tracking status hearing of 04/16/2021 is reset to 05/14/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: The joinder issue and examination of exhibits are still under advisement, so the status hearing of 03/26/2021 is reset to 04/16/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: The joinder issue and the corresponding examination of exhibits are still under advisement, so the status hearing of 02/26/2021 is reset to 03/26/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice

MINUTE entry before the Honorable Edmond E. Chang: The joinder issue remains under advisement. The tracking status hearing of 01/29/2021 is reset to 02/26/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: The Court takes the joinder issue under advisement. The tracking status hearing of 12/23/2020 is reset to 01/29/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

SEALED DOCUMENT by Plaintiff TY, INC. Sealed Exhibit AA

MEMORANDUM by TY, INC. Plaintiff's Memorandum in Support of Joinder

MINUTE entry before the Honorable Edmond E. Chang: On review of Amended Schedule A, the Plaintiff shall file a memorandum in support of joinder explaining how these particular Defendants are properly joined under the standard set forth in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). The memorandum is due by 12/16/2020. The tracking status hearing of 12/04/2020 is reset to 12/23/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

SEALED EXHIBIT by Plaintiff TY, INC. Amended Schedule A regarding amended complaint, [22]

AMENDED complaint by TY, INC. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

附件：

1:Exhibit 1 - Plaintiff's Trademarks

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [5] to seal Schedule A is granted, in light of the goal of restraining assets. But this case was filed against 157 defendants for infringing the same set of trademarks. Joinder as to all of those defendants is almost surely not proper when measured against the standard set in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). On review of the exhibits, it does not appear that the Plaintiff picked the Defendants for joinder based on that standard. The Plaintiff shall file an amended complaint by 11/23/2020, to comply with the opinion. (There is no need to amend the TRO motion.) To track the filing of the amended complaint, a status hearing is set for 12/04/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

Notice of Claims Involving Trademarks by TY, INC.

SEALED DOCUMENT by Plaintiff TY, INC. Exhibit 2 Part 8 of Reiter Declaration

SEALED DOCUMENT by Plaintiff TY, INC. Exhibit 2 Part 7 of Reiter Declaration

SEALED DOCUMENT by Plaintiff TY, INC. Exhibit 2 Part 6 of Reiter Declaration

SEALED DOCUMENT by Plaintiff TY, INC. Exhibit 2 Part 5 of Reiter Declaration

SEALED DOCUMENT by Plaintiff TY, INC. Exhibit 2 Part 4 of Reiter Declaration

SEALED DOCUMENT by Plaintiff TY, INC. Exhibit 2 Part 2 of Reiter Declaration

SEALED DOCUMENT by Plaintiff TY, INC. Exhibit 2 Part 1 of Reiter Declaration

MEMORANDUM by TY, INC. in support of motion for temporary restraining order, [8]

附件：

1:Declaration Johnson Declaration
2:Exhibit 1
3:Declaration Reiter Declaration
4:Declaration Hierl Declaration
5:Exhibit Hierl Exhibit 1
6:Exhibit Hierl Exhibit 2
7:Exhibit Hierl Exhibit 3

MOTION by Plaintiff TY, INC. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MOTION by Plaintiff TY, INC. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment.

SEALED DOCUMENT by Plaintiff TY, INC. Sealed Schedule A

MOTION by Plaintiff TY, INC. to seal document Plaintiff's Motion for Leave to File Under Seal

ATTORNEY Appearance for Plaintiff TY, INC. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff TY, INC. by Michael A. Hierl

CIVIL Cover Sheet

COMPLAINT filed by TY, INC.; Jury Demand. Filing fee $ 400, receipt number 0752-17622199.

附件：

1:Exhibit 1