Case number 1:22-cv-00449
Bad Vibes Forever, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 1, 2022 | 36 | Patent/Trademark report (7) Docket Text: MAILED trademark report to Patent Trademark Office, Alexandria VA. (rc, ) |
| May 31, 2022 | 35 | entered judgment (12) Docket Text: FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Andrea R. Wood on 5/31/2022. Mailed notice (dal, ) |
| May 31, 2022 | 34 | order on motion for default judgment (2) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Having considered Plaintiff's motion for entry of default and Default judgment against the Defendants identified in Schedule A [26] and supporting materials, the Court grants Plaintiff's motion as follows. Specifically, the Court finds that the Defaulting Defendants each have failed to plead or otherwise defend this action, and thus entry of default pursuant to Fed. R. Civ. P. 55(a) is appropriate. "The basic effect of an entry of default... is that upon default, the well-pleaded allegations of a complaint relating to liability are taken as true." VLM Food Trading Int'l, Inc. v. Ill. Trading Co., 811 F.3d 247, 255 (7th Cir. 2016) (internal quotation marks omitted). But "[a]lthough upon default the factual allegations of a complaint relating to liability are taken as true, those allegations relating to the amount of damages suffered are ordinarily not." Dundee Cement Co. v. Howard Pipe & Concrete Prods., Inc., 722 F.2d 1319, 1323 (7th Cir. 1983). Based on the Defaulting Defendants' admission of the allegations as to liability, as well as the evidence offered in support of the temporary restraining order, permanent injunction, and motion for default judgment, the Court finds that entry of permanent injunctive relief is appropriate. The Court further finds that Defaulting Defendants' infringing conduct was willful. With respect to monetary relief, Plaintiff requests an award of $500,000 in statutory damages under 15 U.S.C. § 1117(c)(2) for willful trademark infringement and counterfeiting against each Defaulting Defendant. A plaintiff in a case involving the use of a counterfeit mark may elect to seek statutory damages in the amount of: (1) not less than $1,000 or more than $200,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or (2) if the court finds that the use of the counterfeit mark was willful, not more than $2,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just. 17 U.S.C. § 1117(c). In determining the amount of statutory damages to award in this case, the Court has considered the difficulty or impossibility of proving actual damages, the circumstances of the infringement, the efficacy of the damages as a deterrent to future infringement, the value of the Plaintiff's brand and its efforts to protect the brand, and the extent or profitability of the Defaulting Defendants' wrongful activities. In addition, the Court has considered the amounts of statutory damages requested and awarded in similar cases, including other cases brought by this Plaintiff. Based on these factors, the Court awards Plaintiff $250,000 per Defaulting Defendant. Plaintiff's motion for leave to file under seal [30] is granted. The Clerk shall maintain under seal Exhibit #3 to Plaintiff's memorandum in support of its motion for entry of default and default judgment against the defendants identified in the Schedule A [28], until further order of the Court. Civil case terminated. Mailed notice (dal, ) |
| Mar 25, 2022 | 33 | order on motion for default judgment (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 3/25/2022. Plaintiff's motion for entry of default and default judgment [26] is taken under advisement. Mailed notice (dal, ) |
| Mar 22, 2022 | 32 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by All Plaintiffs (Vogt, Keith) |
| Mar 13, 2022 | 31 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by All Plaintiffs (Vogt, Keith) |
| Mar 3, 2022 | 30 | motion for leave to file (1) Docket Text: MOTION by Plaintiff Bad Vibes Forever, LLC for leave to file [Certain] Document Under Seal (Vogt, Keith) |
| Mar 3, 2022 | 29 | notice of motion (2) Docket Text: NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment[26] before Honorable Andrea R. Wood on 3/25/2022 at 09:45 AM. (Vogt, Keith) |
| Mar 3, 2022 | 27 | Declaration of Keith A. Vogt (2) |
| Mar 3, 2022 | 27 | Exhibit 3 (1) |
| Mar 3, 2022 | 27 | Exhibit 2 (11) |
| Mar 3, 2022 | 27 | Exhibit 1 (5) |
| Mar 3, 2022 | 27 | Main Document (14) Docket Text: MEMORANDUM by Bad Vibes Forever, LLC in support of motion for default judgment[26] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Declaration of Keith A. Vogt)(Vogt, Keith) |
| Mar 3, 2022 | 26 | motion for default judgment (2) Docket Text: MOTION by Plaintiff Bad Vibes Forever, LLC for default judgment as to The Defendants Identified In Schedule A (Vogt, Keith) |
| Feb 22, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: linsuruo9833, linwanchao1583, linyu49960, liojingzi, Lirq123, liruihuan1134, liruilin147258, Lisa Colvin, lishangzhiping, lishanshan133, lishuying888, liting12345, Liu qinglan's shop, liuankang6092, liude's shop, LIUDONGLAN888, liufenfeng, liufenglian 123, liuhaie2147, liujian2224, liujin7845929, LIUJINX, liujunqi fashion, liujunqing;l, Liukaifang668, liuleil, liuliuyaoyao, liumei6346, liumin4580 and l-y-ming added to case caption. (Bu, Yi) |
| Feb 22, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: kongfei1119, konglinfeng6736, kongxins, kopwiwezki, koujhjy, kouninsjing, kpdoak;ldk, kudongqiufu, Kuizo, KyleRichardxNhCo, Ladytaolley combs, Lalaneya Albright66, lanlinghui1230, Lansl, laseloec, lawrencebt22rm6, lbinz, ldiwhdqpd, led-light-mall12, leihailing123, leiqinglong, LEIY, leizhang special, lengzixin8720, LeopoldMichaelqEbQ, Leshizhui, Letter Nana Ouran Store, LewisWinnijZhUi, leylanhickman61385709, Li Peng commerce, liangjianmei66058, liaoduzhi9734, lichangqing1134, LiChunLian, lidan7321, lidinahey, lienkietdoan29505, lifang123456, LIFANGZ, lifei611, lihana, Lihaoery Bedfits, lihongyinger, lijiangjun6868, lijiawei55033, lijiaxing4477, lijienan254, lijinshuang1258, lijjianbing25800, Lijungoodsstore, likunlun, lilin2, liming2687, limingh, limingqing7890, Lincamestrons, Linfa6376, linfei60058, Linglini and linhaling added to case caption. (Bu, Yi) |
| Feb 22, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: huchaojin2134, hujing269, Humengmeng25536, huoyimian4112, huyipingping, hwangfean, hyongfeng, i5i5i5i6, ico3, IJHJFUYHU, iodoprjrt, ioklu, Isissextape, ivan Zoll, ives05yj23qon, J5J5K5, J6K6, JamesAnseltYsLr, Jamillah, JasonHaroldvLmHgT, JerryFannypFdGoN, Jewelry Maker Market, jiagangjian2432, jiakuan0202, Jiang you112700, jianghongxiao91780, jiangshuiweibo, jielong0634, Jienoer toothbrush, Jiessie Costume Store, Jieuroyoy sticker, jihonghu29551, jingcizhihz, JingketunpV, jingliangliang, jingsunjie6546, jinxiaoyan002, jinxiawuwan Friday, jinyuandan, jinzhicheng55210, jinzhipeng6982, Jisnweprite, jiuniuyimaoyu, Jkkijp, JOHNNY11, JONG DISTTHI, Joshua Clark, Joyce Banks, Jubebn Plant sive lapeky, juezhantianliang, JuliusAndrewuCuNk, jungemoyang, Juzixiang Skincare, k56saa, kaia, kaihekiaghe520, Kaijia electronic digital, kailongdinji, kaixingouwu20181, kakadm, kangbifeng, Kangshengquan114712, kdxinheart, keanqequ3i2b, Kerwifry Beddings, KEWLLMUOIKQTM, Kheiowu, KidsMart2, KK533 and KKKERR8 added to case caption. (Bu, Yi) |
| Feb 22, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: guanming fashion store, guanpengpeng01620, guanweixin8936, guanxi007, guheming12775, Gulack Tingshuo Hebe Orange, GULUCK BUDANA LUTINEY, guofang6002, guoguangfeng8978, guoqianqian52828, guorui71320, guoshichao55104, guowei3859, guoxiashop, gushilong0838, gutkowskiariel517, gyiajshdaisbzx, Haberber Bibs, haichangzai15100, HaleyElijahoJdKh, haleywehner2354, Handcrafts_house, Hannghghjg, hanxiangsheng, Hanzhagen4161, Harris Hernandez, HBN2WQ34, hdiwliu87h, hdjdbbd, HeatherKimberleyhIcX, Hecaery Baby's, hedacheng fashion, hehao65399405, Helena Lease, HelenStanfordoCuOuH, hemengying49, Hepeijuan5522, herui123, hetheyb, HeTianFu2001, hexiaohong90461, hexiaolu19, hezhenze5135, hezhixiong888, hgdij123, hhynny, Hibrox, hj680, hjftuiurtytr, hjhh2020, Hogganmax, holleuwffk, honruifeit, Honth Store, Hoshis, hotmall clothing, houranran55007, hqrkzklpd, hruix, hsj20200520, htas21, hualiuying81412, hualushaa, Huang Yunfu370, Huangbin123, Huangdapeng8861, huangjiahui95691, huangqinghua13258, huangxueying7890 and huanwuse2 added to case caption. (Bu, Yi) |
| Feb 22, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: gaoxucai0130, Geanerying Cream, Geivencler Bags, geshaolin19502, gfhfhfdfx, ghef321, giofjJHp45, Givmistroes, Goldtronglasses, gongan93, gongyixilie, gouguayi9, GQQbaihuo, Granfred, Greatleterfuly, gshshywfgw, gskajbsdauiz, gtgyrt and guangzhou hat added to case caption. (Bu, Yi) |
| Feb 16, 2022 | 24 | preliminary injunction (13) Docket Text: PRELIMINARY INJUNCTION ORDER Signed by the Honorable Andrea R. Wood on 2/16/2022. Mailed notice (dal, ) |
| Feb 16, 2022 | 23 | order on motion for preliminary injunction (2) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 2/16/2022. For the reasons stated on the record, the Court grants Plaintiff's motion for entry of a preliminary injunction [18]. Enter Preliminary Injunction Order. The Clerk of Court is directed to unseal Schedule A to Complaint [1], Exhibit 2 to the Declaration of Robert A. Celestin, Esq [12], and the Temporary Restraining Order [17]. Keith Vogt, Ltd. and JiangIP LLC are ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website www.ilnd.courts.com/instructions. Telephonic status hearing set for 3/25/2022 at 9:30 AM. Any motion for default judgment filed by 3/18/2022 may be noticed for presentment on 3/25/2022 at 9:45 AM. Any motion for entry of default and default judgment shall include information on the amount of assets frozen by this Court's orders and the number of remaining Defendants in the case. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 (dal, ) |
| Feb 9, 2022 | 25 | bond (1) Docket Text: SURETY BOND in the amount of $ 10,000.00 posted by Bad Vibes Forever, LLC. (Document not imaged) (td, ) |
| Feb 9, 2022 | 22 | text entry (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of a preliminary injunction [18] will be heard at the telephonic hearing set for 2/16/2022 at 9:30 AM. Any party wishing to be heard on the motion shall file an appearance and contact the courtroom deputy (david_lynn@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 (dal, ) |
| Feb 9, 2022 | 21 | Declaration of Service (2) |
| Feb 9, 2022 | 21 | Main Document (2) Docket Text: SUMMONS Returned Executed by Bad Vibes Forever, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 2/9/2022, answer due 3/2/2022. (Attachments: # (1) Declaration of Service)(Vogt, Keith) |
| Feb 9, 2022 | 20 | notice of motion (2) Docket Text: NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction[18] before Honorable Andrea R. Wood on 2/16/2022 at 09:30 AM. (Vogt, Keith) |
| Feb 9, 2022 | 19 | Exhibit 1, Declaration of Keith Vogt (16) |
| Feb 9, 2022 | 19 | Declaration of Keith A. Vogt (1) |
| Feb 9, 2022 | 19 | Main Document (6) Docket Text: MEMORANDUM by Bad Vibes Forever, LLC in support of motion for preliminary injunction[18] (Attachments: # (1) Declaration of Keith A. Vogt, # (2) Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Feb 9, 2022 | 18 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff Bad Vibes Forever, LLC for preliminary injunction (Vogt, Keith) |
| Feb 3, 2022 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (ak, ) |
| Feb 2, 2022 | 17 | SEALED Order (13) Docket Text: TEMPORARY RESTRAINING ORDER Signed by the Honorable Andrea R. Wood on 2/2/2022. Mailed notice (dal, ) Modified on 2/18/2022 (kl, ). |
| Feb 2, 2022 | 16 | order on motion for leave to file (2) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 2/2/2022. For the reasons stated on the record, Plaintiff's motion for leave to file under seal [8], motion to exceed page limitation [9], and Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 10 are granted. Enter Sealed Temporary Restraining Order. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 9:15 AM on 2/2/2022 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. The Clerk is directed to maintain the following documents under seal until further order of the Court: (1) Schedule A to Complaint [1] and Exhibit 2 to the Declaration of Robert A. Celestin, Esq [12]. Telephonic status hearing set for 2/16/2022 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 (dal, ) |
| Jan 27, 2022 | 15 | lanham notification (10) Docket Text: MAILED to plaintiff's counsel Lanham Mediation Program materials(kl, ) |
| Jan 27, 2022 | 14 | Patent/Trademark report (5) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA (kl, ) |
| Jan 26, 2022 | 13 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for leave to file under seal [8], motion to exceed page limitation [9], and Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication [10] are set for a telephonic hearing on 2/2/2022 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 (dal, ) |
| Jan 26, 2022 | 12 | Exhibit 2, Part 5 (269) |
| Jan 26, 2022 | 12 | Exhibit 2, Part 4 (271) |
| Jan 26, 2022 | 12 | Exhibit 2, Part 3 (264) |
| Jan 26, 2022 | 12 | Exhibit 2, Part 2 (271) |
| Jan 26, 2022 | 12 | Exhibit 2, Part 1 (264) |
| Jan 26, 2022 | 12 | Main Document (1) Docket Text: EXHIBIT 2 to the Declaration of Robert A. Celestin by Plaintiff Bad Vibes Forever, LLC regarding memorandum in support of motion, [11] (Attachments: # (1) Exhibit 2, Part 1, # (2) Exhibit 2, Part 2, # (3) Exhibit 2, Part 3, # (4) Exhibit 2, Part 4, # (5) Exhibit 2, Part 5)(Vogt, Keith) Modified on 2/18/2022 (kl, ). |
| Jan 26, 2022 | 11 | Exhibit 1, Declaration of Robert A. Celestin, Esq. (4) |
| Jan 26, 2022 | 11 | Declaration of Robert A. Celestin, Esq. (8) |
| Jan 26, 2022 | 11 | Exhibit 1-4, Declaration of Keith Vogt (98) |
| Jan 26, 2022 | 11 | Declaration of Keith A. Vogt (4) |
| Jan 26, 2022 | 11 | Main Document (36) Docket Text: MEMORANDUM In Support of [10] Ex Parte Motion (Attachments: # (1) Declaration of Keith A. Vogt, # (2) Exhibit 1-4, Declaration of Keith Vogt, # (3) Declaration of Robert A. Celestin, Esq., # (4) Exhibit 1, Declaration of Robert A. Celestin, Esq.)(Vogt, Keith) |
| Jan 26, 2022 | 9 | motion for leave to file excess pages (2) Docket Text: MOTION by Plaintiff Bad Vibes Forever, LLC for leave to file excess pages (Vogt, Keith) |
| Jan 26, 2022 | 8 | motion for leave to file (2) Docket Text: MOTION by Plaintiff Bad Vibes Forever, LLC for leave to file [Certain] Documents Under Seal (Vogt, Keith) |
| Jan 26, 2022 | 7 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Adam Grodman (Grodman, Adam) |
| Jan 26, 2022 | 6 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Yi Bu (Bu, Yi) |
| Jan 26, 2022 | 5 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Yanling Jiang (Jiang, Yanling) |
| Jan 26, 2022 | 4 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Keith A. Vogt (Vogt, Keith) |
| Jan 26, 2022 | 3 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Vogt, Keith) |
| Jan 26, 2022 | 2 | sealed document (6) Docket Text: SCHEDULE A to Complaint by Plaintiff Bad Vibes Forever, LLC (Vogt, Keith) Modified on 2/18/2022 (kl, ). |
| Jan 26, 2022 | 1 | Exhibit 4 (20) |
| Jan 26, 2022 | 1 | Exhibit 3 (3) |
| Jan 26, 2022 | 1 | Exhibit 2 (28) |
| Jan 26, 2022 | 1 | Exhibit 1 (4) |
| Jan 26, 2022 | 1 | Main Document (21) Docket Text: COMPLAINT filed by Bad Vibes Forever, LLC; Filing fee $ 402, receipt number 0752-19092256. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Vogt, Keith) |
| Jan 26, 2022 | N/A | clerk's notice (0) Docket Text: CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ey, ) |
| Jan 26, 2022 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (ey, ) |
