Case number 1:22-cv-01889
Canon Kabushiki Kaisha v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Sep 2, 2022 | 43 | order (9) Docket Text: DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 9/2/2022: Mailed notice(gw,) |
| Sep 2, 2022 | 42 | order on motion for entry of default (1) Docket Text: ORDER In the court's 8/15/2022 minute entry [37], it gave all defendants until 8/29/2022 to object to plaintiff's motion for entry of default and default judgment [37]. The court grants plaintiff's motion [34] for entry of default and default judgment against all defendants identified on Schedule A attached to the court's order. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded as set forth in the Final Judgment Order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its mark causes it irreparable harm in the form of consumer confusion, loss of customers' goodwill, and reputational harm; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $10,000 bond previously deposited with the Clerk of the Court to plaintiff's counsel, Justin R. Gaudio, Greer, Burns & Crain, Ltd., 300 S. Wacker Dr., Suite 2500, Chicago, IL 60606, via certified mail. Enter Default Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 9/2/2022: Mailed notice(gw,) |
| Sep 2, 2022 | N/A | mailed (0) Docket Text: EMAILED order [42] dated 9/2/2022 to fiscal department. (gw,) |
| Aug 25, 2022 | 41 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A [38] is granted. Defendant njytouch is hereby dismissed. The amended Schedule A has already been filed on the docket. [39]. Isaku M. Begert's motion to withdraw as counsel of record on behalf of plaintiff [40] is granted. Attorney Isaku Begert terminated. (rao, ) |
| Aug 24, 2022 | 40 | motion to withdraw as attorney (2) Docket Text: MOTION by Attorney Isaku M. Begert to withdraw as attorney for Canon Kabushiki Kaisha. No party information provided (Begert, Isaku) |
| Aug 19, 2022 | 39 | amended document (2) Docket Text: AMENDED exhibit[2] Amended Schedule A (Begert, Isaku) |
| Aug 19, 2022 | 38 | motion for miscellaneous relief (2) Docket Text: MOTION by Plaintiff Canon Kabushiki Kaishafor Leave to Amend Schedule A to the Complaint Instanter (Begert, Isaku) |
| Aug 15, 2022 | 37 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A [32] is granted. Bindpon, Huitezou-US, Mugast, Oumij1, Shen zhen shi jing ming ya ke ji you xian gong si, shenzhenshidejikejiyouxiangongsi, grand_technology, mybox2016, myorders202019, princechou, tssy2005, vicwz, and zhaihaiqing are hereby dismissed. Additionally, plaintiff's motion for entry of default and default judgment [34] is taken under advisement. Any defendant wishing to appear and object to plaintiff's motion [34] must do so by 8/29/2022. Plaintiff shall serve defendants with this notice. (rao, ) |
| Aug 12, 2022 | 36 | Exhibit 1 (83) |
| Aug 12, 2022 | 36 | Main Document (2) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[35] (Attachments: # (1) Exhibit 1)(Begert, Isaku) |
| Aug 12, 2022 | 35 | Exhibit 1 (3) |
| Aug 12, 2022 | 35 | Main Document (13) Docket Text: MEMORANDUM by Canon Kabushiki Kaisha in support of motion for entry of default, motion for default judgment[34] (Attachments: # (1) Exhibit 1)(Begert, Isaku) |
| Aug 12, 2022 | 34 | Exhibit A (3) |
| Aug 12, 2022 | 34 | Main Document (2) Docket Text: MOTION by Plaintiff Canon Kabushiki Kaisha for entry of default , MOTION by Plaintiff Canon Kabushiki Kaisha for default judgment as to all Defendants (Attachments: # (1) Exhibit A)(Begert, Isaku) |
| Aug 12, 2022 | 33 | exhibit (2) Docket Text: EXHIBIT by Plaintiff Canon Kabushiki Kaisha Amended Schedule A regarding exhibit[2] (Begert, Isaku) |
| Aug 12, 2022 | 32 | motion for miscellaneous relief (2) Docket Text: MOTION by Plaintiff Canon Kabushiki Kaisha for Leave to Amend Schedule A to the Complaint Instanter (Begert, Isaku) |
| Jun 27, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: Bindpon, EVGDGF-US, Huitezou-US, Jix flower, Longxiaope-US, Mugast, Oumij1, Shen zhen shi jing ming ya ke ji you xian gong si, shenzhenshidejikejiyouxiangongsi, shopping more, SPEEX, Stone-Tech, bondscamera, chencha-60, grand_technology, minibaby2015, mybox2016, myorders202019, njytouch, princechou, q.stars, ring.bow, rise uk022, rise-uk no09, ronaldo1998, roxsen, starry1412, thousand-spray, tinyuedoor, tssy2005, vicwz, wxm-cn019, yang_lian_72, zhaihaiqing, zhuli333 and Tool family added to case caption. (Ziegler, Amy) |
| Jun 9, 2022 | 31 | order (1) Docket Text: ORDER: The Clerk of Court is directed to unseal Schedule A to the Complaint [2], Exhibit 3 to the Declaration of Jin Toyoda [17], and the TRO [22]. Signed by the Honorable Martha M. Pacold on 6/9/2022. Mailed notice (nsf, ) |
| Jun 9, 2022 | 30 | preliminary injunction (8) Docket Text: PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 6/9/2022: (rao, ) |
| Jun 9, 2022 | 29 | order on motion for preliminary injunction (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint [27] is granted. Additionally, for the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction [23] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. (rao, ) |
| Jun 3, 2022 | 28 | amended document (2) Docket Text: AMENDED exhibit[2] Amended Schedule A (Begert, Isaku) |
| Jun 3, 2022 | 27 | motion for miscellaneous relief (2) Docket Text: MOTION by Plaintiff Canon Kabushiki Kaisha for Leave to Amend Schedule A to the Complaint instanter (Begert, Isaku) |
| May 2, 2022 | 26 | bond (1) Docket Text: SURETY BOND in the amount of $10,000.00 posted by Canon Kabushiki Kaisha (Document not scanned). (kl, ) |
| Apr 29, 2022 | 25 | Exhibit A (3) |
| Apr 29, 2022 | 25 | Declaration of Rachel S. Miller (2) |
| Apr 29, 2022 | 25 | Main Document (2) Docket Text: SUMMONS Returned Executed by Canon Kabushiki Kaisha as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 4/29/2022, answer due 5/20/2022. (Attachments: # (1) Declaration of Rachel S. Miller, # (2) Exhibit A)(Miller, Rachel) |
| Apr 29, 2022 | 24 | Exhibit 1 (32) |
| Apr 29, 2022 | 24 | Declaration of Isaku M. Begert (2) |
| Apr 29, 2022 | 24 | Main Document (6) Docket Text: MEMORANDUM by Canon Kabushiki Kaisha in support of motion for preliminary injunction, extension of time[23] (Attachments: # (1) Declaration of Isaku M. Begert, # (2) Exhibit 1)(Begert, Isaku) |
| Apr 29, 2022 | 23 | Exhibit A (3) |
| Apr 29, 2022 | 23 | Main Document (3) Docket Text: MOTION by Plaintiff Canon Kabushiki Kaisha for preliminary injunction , MOTION by Plaintiff Canon Kabushiki Kaisha for extension of time of Temporary Restraining Order (Attachments: # (1) Exhibit A)(Begert, Isaku) |
| Apr 22, 2022 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (ak, ) |
| Apr 21, 2022 | 22 | SEALED Order (10) Docket Text: TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 4/21/2022: (rao, ) Modified on 6/10/2022 (jmk, ). |
| Apr 21, 2022 | 21 | order on motion for leave to file (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motion for leave to file under seal [3] is granted. Plaintiff's motions for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [13] and for electronic service of process [18] are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely 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 substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant timely appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (rao, ) |
| Apr 19, 2022 | 20 | Main Document (3) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) |
| Apr 19, 2022 | 20 | Exhibit 1 (11) |
| Apr 19, 2022 | 20 | Exhibit 2 (23) |
| Apr 19, 2022 | 19 | memorandum in support of motion (5) Docket Text: MEMORANDUM by Canon Kabushiki Kaisha in support of motion for miscellaneous relief[18] (Gaudio, Justin) |
| Apr 19, 2022 | 18 | motion for miscellaneous relief (1) Docket Text: MOTION by Plaintiff Canon Kabushiki Kaisha for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Apr 19, 2022 | 17 | Exhibit 3-3 (56) |
| Apr 19, 2022 | 17 | Exhibit 3-2 (109) |
| Apr 19, 2022 | 17 | Exhibit 3-1 (106) |
| Apr 19, 2022 | 17 | Main Document (1) Docket Text: EXHIBIT by Plaintiff Canon Kabushiki Kaisha Exhibit 3 - Parts 1-3 regarding declaration[16] (Attachments: # (1) Exhibit 3-1, # (2) Exhibit 3-2, # (3) Exhibit 3-3)(Gaudio, Justin) Modified on 6/10/2022 (jmk, ). |
| Apr 19, 2022 | 16 | Exhibit 2 (4) |
| Apr 19, 2022 | 16 | Exhibit 1 (14) |
| Apr 19, 2022 | 16 | Main Document (11) Docket Text: DECLARATION of Jin Toyoda regarding memorandum in support of motion[14] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) |
| Apr 19, 2022 | 15 | Exhibit 4 (64) |
| Apr 19, 2022 | 15 | Exhibit 3 (62) |
| Apr 19, 2022 | 15 | Exhibit 2 (3) |
| Apr 19, 2022 | 15 | Exhibit 1 (26) |
| Apr 19, 2022 | 15 | Main Document (5) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Gaudio, Justin) |
| Apr 19, 2022 | 14 | memorandum in support of motion (15) Docket Text: MEMORANDUM by Canon Kabushiki Kaisha in support of motion for temporary restraining order[13] (Gaudio, Justin) |
| Apr 19, 2022 | 13 | motion for temporary restraining order (2) Docket Text: MOTION by Plaintiff Canon Kabushiki Kaisha for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Apr 13, 2022 | 12 | lanham notification (10) Docket Text: MAILED to plaintiff's counsel Lanham Mediation Program materials (kl, ) |
| Apr 13, 2022 | 11 | Patent/Trademark report (15) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA (kl, ) |
| Apr 12, 2022 | 10 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Canon Kabushiki Kaisha by Rachel S Miller (Miller, Rachel) |
| Apr 12, 2022 | 9 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Canon Kabushiki Kaisha by Isaku Begert (Begert, Isaku) |
| Apr 12, 2022 | 8 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Canon Kabushiki Kaisha by Amy Crout Ziegler (Ziegler, Amy) |
| Apr 12, 2022 | 7 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Canon Kabushiki Kaisha by Justin R. Gaudio (Gaudio, Justin) |
| Apr 12, 2022 | 6 | other (3) Docket Text: Notice of Claims Involving Trademarks by Canon Kabushiki Kaisha (Gaudio, Justin) |
| Apr 12, 2022 | 5 | notification of affiliates pursuant to local rule 3.2 (1) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Canon Kabushiki Kaisha (Gaudio, Justin) |
| Apr 12, 2022 | 4 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Gaudio, Justin) |
| Apr 12, 2022 | 3 | motion for leave to file (2) Docket Text: MOTION by Plaintiff Canon Kabushiki Kaisha for leave to file under seal (Gaudio, Justin) |
| Apr 12, 2022 | 2 | exhibit (2) Docket Text: EXHIBIT by Plaintiff Canon Kabushiki Kaisha Schedule A regarding complaint[1] (Gaudio, Justin) Modified on 6/10/2022 (jmk, ). |
| Apr 12, 2022 | 1 | Exhibit 4 (55) |
| Apr 12, 2022 | 1 | Exhibit 3 (48) |
| Apr 12, 2022 | 1 | Exhibit 2 (26) |
| Apr 12, 2022 | 1 | Exhibit 1 (14) |
| Apr 12, 2022 | 1 | Main Document (15) Docket Text: COMPLAINT filed by Canon Kabushiki Kaisha; Filing fee $ 402, receipt number 0752-19336790. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Gaudio, Justin) |
| Apr 12, 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. (ak, ) |
| Apr 12, 2022 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (ak, ) |
