Case number 1:20-cv-07330
Chapter 4 Corp. v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 2, 2021 | 46 | satisfaction of judgment (2) Docket Text: FULL SATISFACTION of Judgment regarding order[44] in the amount of $1,000,000 as to certain defendant (Martin, Allyson) |
| Mar 23, 2021 | 45 | Certified Closing Order (12) |
| Mar 23, 2021 | 45 | Main Document (17) Docket Text: MAILED Trademark report with certified copy of minute order dated 03/19/21 to Patent Trademark Office, Alexandria, VA. (Attachments: # (1) Certified Closing Order) (aee, ) |
| Mar 19, 2021 | 44 | order (10) Docket Text: FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 3/19/2021.Mailed notice(ef, ) |
| Mar 19, 2021 | 43 | order on motion for entry of default (2) Docket Text: ORDER signed by the Honorable John F. Kness on 3/19/2021: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [38] is granted. Because Defendants directly target their business activities toward consumers in the United States, including Illinois, this Court has personal jurisdiction over the Defendants. Am. Bridal & Prom Indus. Ass'n v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 192 F. Supp. 3d 924, 934 (N.D. Ill. 2016). Plaintiff has presented screenshot evidence that each Defendant is reaching out to do business with Illinois residents by operating one or more commercial, interactive internet stores through which Illinois residents can and do purchase products using counterfeit versions of Plaintiff's trademarks. See, e.g., Dkt. 13. In addition, 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 is warranted. The infringement and counterfeiting of Plaintiff's marks, which irreparably harms Plaintiff and confuses the public, was willful; accordingly, statutory damages are awarded. After considering the nature of the products, their value and cost, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants (Plaintiff has not sought 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 $100,000 is an appropriate award of statutory damages. See, e.g., Chi- Boy Music v. Charlie Club, 930 F.2d 1224, 1229 (7th Cir. 1991) (court considering an award of statutory damages is "not required to follow any rigid formula" but instead "enjoys wide discretion"). Enter Final Judgment Order. Any pending motions are dismissed as moot. Civil case terminated. Mailed notice(ef, ) |
| Mar 12, 2021 | 42 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Chapter 4 Corp. by RiKaleigh C. Johnson (Johnson, RiKaleigh) |
| Mar 8, 2021 | 41 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [38] for entry of default and default judgment against all Defendants. All remaining Defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, 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 3/15/2021. If no objections are filed by then, 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. Mailed notice (ef, ) |
| Mar 5, 2021 | 40 | notice of filing (2) Docket Text: NOTICE by Chapter 4 Corp. re MOTION by Plaintiff Chapter 4 Corp. for entry of default as to all DefendantsMOTION by Plaintiff Chapter 4 Corp. for default judgment as to all Defendants[38] (Gaudio, Justin) |
| Mar 5, 2021 | 39 | Exhibit 1 (83) |
| Mar 5, 2021 | 39 | Declaration of Justin R. Gaudio (2) |
| Mar 5, 2021 | 39 | Main Document (13) Docket Text: MEMORANDUM by Chapter 4 Corp. in support of motion for entry of default, motion for default judgment[38] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| Mar 5, 2021 | 38 | motion for entry of default (2) Docket Text: MOTION by Plaintiff Chapter 4 Corp. for entry of default as to all Defendants, MOTION by Plaintiff Chapter 4 Corp. for default judgment as to all Defendants (Gaudio, Justin) |
| Mar 5, 2021 | 37 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Chapter 4 Corp. as to certain defendants (Martin, Allyson) |
| Feb 12, 2021 | 36 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Chapter 4 Corp. as to certain defendant (Martin, Allyson) |
| Feb 5, 2021 | 35 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Chapter 4 Corp. as to certain defendant (Martin, Allyson) |
| Feb 3, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: BINWEIGE Official Store, Ali VIP Store, Tosleo Official Store, Shop4401067 Store, GouDan Store, KyooMPA Store, Gamers Video Game Store, boutique 8877 Store, Minmclas Store, Shop5333025 Store, YelWong Store, Morningbebe Toy Store, Shop5430284 Store, Shop5516098 Store, CELEP Store, VERFANS ELECTRON Store, Hi Baby Kids Store, Supre me Store, KILLSPAI Official Store, ETST WENDY Men's street Store, Proto Adamantium Store, Shop5874245 Store, Accessories decoration world Store, Shop5882412 Store, Vegetable root Store, Doo Store, Shop5889454 Store, Shop5967026 Store, AIYUQI Official Store, Liva girl Jumping Fish Store, Okey-dokey Store, Bandcomtr Store, ShiMo Store, Kaws bearbrick retail Store, Shop910451027 Store, xieson Store, Shop910456065 Store, Goldlife Trendy Store, Dreamer & you Store, Shop910694007 Store, Shop910719085 Store, Epivera Shopping Store, Shop910797021 Store, MAYI KURUMSAL Store, APT Accessories Store,.BrandOnline, Store, Shop911025026 Store, Shop911026058 Store, Shop911044215 Store, LightMirco Store, Shop911059140 Store, Shop911119204 Store, Shop911121187 Store, A13PG538TF9GAI, Qdkva, YGo, THE FACE, AMITD-Seller, MIAO JI XIANG, Four Weeir, zouhaibin, PaulDHubbard, GGLLCC&, SeanSCorliss, Tuerdan (USA), HaiGe Shop, Prettysunshine, Huangfu-CA, MAG Modern Art Gallery, Guigang City Green War Win Trading Co., Ltd, liangqingkai us, YONGCHUNYANSHU, hwsdgnetcxbadf, ShanXiLongNDianZiKeJiYouXianGongSi, Haifeng County Mianyi Clothing Co., Ltd, cheng_hui, SOSA City, ArthurDCahoon, JefferyAQuiro, JUNJUN Ship, Lee F Wall, zhifuquanyanriyongbaihuodia, Yankeego, Homewifi, DouglasVLove, CHENJIESTU, Starlight small wood house, BYLGKE-US, LSoug-US, hzchuangqi, Pauplian Tech-US Manufacture, dongguanshifangxiangshijiashangmaoyouxiangongsi, WQSD, LILIPH, WDXIA, tanwenshuo5590, tan goe, Firstmob Limited, Nashion Direct, 2019.honghonghuohuo, brhuanh, fashion_01, wuyujearw, Cypress Shop, luoxuan6847, haoqiganyunxiaojiuzhan, muyiwentong, linyangL, jc world, szpc, zhentaoge, tiendakaren, Bengoo4, hw2101rtj84t61k53yu, Julie Yant, lenelsmhea, Edna2, Aminm, tongjianhong198217, Wangbaoyi601, sorrowfulforceful, BrandHome, W.I.S.HBrandStore, COOL009, ccdedx, Bradley231, KEGBEJ, TrustMine, INYANG500, drishoot, Baileyz, mjamesfrank, SAFABAKHSH, MARKIMPORT, BAYBAY77, Leif Grace, johnjr02, ultrapluss-brow, incognitoshop, veracary, krazonrto, ncesario831, milsentidos, goburger, urbanfood, gonzalezvictorjump, Tom W Store, nsb1984 and Ls-j-789 added to case caption. (Ziegler, Amy) |
| Feb 1, 2021 | 34 | preliminary injunction (16) Docket Text: PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 2/1/2021. Mailed notice(ef, ) |
| Feb 1, 2021 | 33 | order on motion for preliminary injunction (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [29] 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 [32] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, 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. Mailed notice (ef, ) |
| Jan 27, 2021 | 32 | Declaration of Thomas J. Juettner (2) |
| Jan 27, 2021 | 32 | Main Document (2) Docket Text: SUMMONS Returned Executed by Chapter 4 Corp. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 1/27/2021, answer due 2/17/2021. (Attachments: # (1) Declaration of Thomas J. Juettner)(Juettner, Thomas) |
| Jan 27, 2021 | 31 | notice of filing (2) Docket Text: NOTICE by Chapter 4 Corp. re MOTION by Plaintiff Chapter 4 Corp. for preliminary injunction [29] (Gaudio, Justin) |
| Jan 27, 2021 | 30 | Exhibit 1 (32) |
| Jan 27, 2021 | 30 | Declaration of Justin R. Gaudio (2) |
| Jan 27, 2021 | 30 | Main Document (6) Docket Text: MEMORANDUM by Chapter 4 Corp. in support of motion for preliminary injunction[29] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| Jan 27, 2021 | 29 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff Chapter 4 Corp. for preliminary injunction (Gaudio, Justin) |
| Jan 14, 2021 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (txl, ) |
| Jan 13, 2021 | 28 | order (2) Docket Text: EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 1/13/2021. Mailed notice(ef, ) |
| Jan 13, 2021 | 27 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion for extension of time of temporary restraining order [24] is granted. Enter order. Mailed notice (ef, ) |
| Jan 13, 2021 | 26 | notice of filing (1) Docket Text: NOTICE by Chapter 4 Corp. re MOTION by Plaintiff Chapter 4 Corp. for extension of time of Temporary Restraining Order[24] (Gaudio, Justin) |
| Jan 13, 2021 | 25 | Declaration of Justin R. Gaudio (1) |
| Jan 13, 2021 | 25 | Main Document (2) Docket Text: MEMORANDUM by Chapter 4 Corp. in support of extension of time[24] (Attachments: # (1) Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Jan 13, 2021 | 24 | extension of time (1) Docket Text: MOTION by Plaintiff Chapter 4 Corp. for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Jan 12, 2021 | N/A | bond (0) Docket Text: BOND in the amount of $ 10,000.00, Receipt no. 4624251099 posted by Chapter 4 Corp. (jn, ) |
| Jan 4, 2021 | 22 | order on motion for leave to file (2) Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order [9], and motion for electronic service of process [14] are granted. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary and temporary 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 for now file under seal the documents identified in the motion to seal and appearing at docket entries [2] and [13], and 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 (for the time being) on an ex parte basis. Specifically, and as noted above, 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 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. 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 will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that 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 appears and objects, the court will revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice (ma,) |
| Dec 16, 2020 | 21 | lanham notification (10) Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (aee, ) |
| Dec 16, 2020 | 20 | Trademarks (16) |
| Dec 16, 2020 | 20 | Main Document (1) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA. (Attachments: # (1) Trademarks) (aee, ) |
| Dec 11, 2020 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (lxk, ) |
| Dec 11, 2020 | 18 | notification of affiliates pursuant to local rule 3.2 (1) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Chapter 4 Corp. (Gaudio, Justin) |
| Dec 11, 2020 | 17 | notice of filing (2) Docket Text: NOTICE by Chapter 4 Corp. re MOTION by Plaintiff Chapter 4 Corp. for leave to file under seal[3], MOTION by Plaintiff Chapter 4 Corp. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [14], MOTION by Plaintiff Chapter 4 Corp. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery[9] (Gaudio, Justin) |
| Dec 11, 2020 | 16 | Exhibit 2 (23) |
| Dec 11, 2020 | 16 | Exhibit 1 (11) |
| Dec 11, 2020 | 16 | Main Document (3) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) |
| Dec 11, 2020 | 15 | memorandum in support of motion (5) Docket Text: MEMORANDUM by Chapter 4 Corp. in support of motion for miscellaneous relief[14] (Gaudio, Justin) |
| Dec 11, 2020 | 14 | motion for miscellaneous relief (1) Docket Text: MOTION by Plaintiff Chapter 4 Corp. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Dec 11, 2020 | 12 | Exhibit 6 (3) |
| Dec 11, 2020 | 12 | Exhibit 5 (16) |
| Dec 11, 2020 | 12 | Exhibit 4 (8) |
| Dec 11, 2020 | 12 | Exhibit 3 (5) |
| Dec 11, 2020 | 12 | Exhibit 2 (3) |
| Dec 11, 2020 | 12 | Exhibit 1 (11) |
| Dec 11, 2020 | 12 | Main Document (16) Docket Text: DECLARATION of Lisa M. Willis regarding memorandum in support of motion[10] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Gaudio, Justin) |
| Dec 11, 2020 | 11 | Exhibit 4 (64) |
| Dec 11, 2020 | 11 | Exhibit 3 (62) |
| Dec 11, 2020 | 11 | Exhibit 2 (3) |
| Dec 11, 2020 | 11 | Exhibit 1 (6) |
| Dec 11, 2020 | 11 | Main Document (5) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[10] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Gaudio, Justin) |
| Dec 11, 2020 | 10 | memorandum in support of motion (15) Docket Text: MEMORANDUM by Chapter 4 Corp. in support of motion for temporary restraining order[9] (Gaudio, Justin) |
| Dec 11, 2020 | 9 | motion for temporary restraining order (2) Docket Text: MOTION by Plaintiff Chapter 4 Corp. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Dec 11, 2020 | 8 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Chapter 4 Corp. by Thomas Joseph Juettner (Juettner, Thomas) |
| Dec 11, 2020 | 7 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Chapter 4 Corp. by Allyson M. Martin (Martin, Allyson) |
| Dec 11, 2020 | 6 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Chapter 4 Corp. by Amy Crout Ziegler (Ziegler, Amy) |
| Dec 11, 2020 | 5 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Chapter 4 Corp. by Justin R. Gaudio (Gaudio, Justin) |
| Dec 11, 2020 | 4 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Gaudio, Justin) |
| Dec 11, 2020 | 3 | motion for leave to file (2) Docket Text: MOTION by Plaintiff Chapter 4 Corp. for leave to file under seal (Gaudio, Justin) |
| Dec 11, 2020 | 1 | Exhibit 8 (55) |
| Dec 11, 2020 | 1 | Exhibit 7 (48) |
| Dec 11, 2020 | 1 | Exhibit 6 (6) |
| Dec 11, 2020 | 1 | Exhibit 5 (16) |
| Dec 11, 2020 | 1 | Exhibit 4 (8) |
| Dec 11, 2020 | 1 | Exhibit 3 (5) |
| Dec 11, 2020 | 1 | Exhibit 2 (3) |
| Dec 11, 2020 | 1 | Exhibit 1 (11) |
| Dec 11, 2020 | 1 | Main Document (19) Docket Text: COMPLAINT filed by Chapter 4 Corp.; Filing fee $ 402, receipt number 0752-17731547. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8)(Gaudio, Justin) |
| Dec 11, 2020 | 19 | other (5) Docket Text: Notice of Claims Involving Trademarks by Chapter 4 Corp. (Gaudio, Justin) |
