Case number 1:20-cv-05885
FC St. Pauli Merchandising GmbH & Co. KG v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Mar 26, 2021 | N/A | mailed (0) Docket Text: MAILED the surety bond to plaintiff's counsel Michael A. Hierl, Hughes Socol Piers Resnick & Dym Ltd., Three First National Plaza, 70 West Madison Street, Suite 4000, Chicago IL 60602, via certified mail no. 7019 2280 0000 0963 1804. (lma, ) |
| Mar 25, 2021 | 43 | order (10) Docket Text: FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 3/25/2021. Mailed notice (lma, ) |
| Mar 25, 2021 | 42 | order on motion for default judgment (1) Docket Text: ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment [34]. The motion is granted. 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 in the amount of $200,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Michael A. Hierl, Hughes Socol Piers Resnick & Dym Ltd., Three First National Plaza, 70 West Madison Street, Suite 4000, Chicago IL 60602, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 3/25/2021. Mailed notice (lma, ) |
| Mar 25, 2021 | N/A | terminated case (0) Docket Text: ***Civil Case Terminated. (lma, ) |
| Mar 24, 2021 | 41 | order (1) Docket Text: ORDER: Defendants No. 78 MiniClub Store and No. 79 MINIJCW Store are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [40] filed by Plaintiff on 3/24/2021. Signed by the Honorable Martha M. Pacold on 3/24/2021. Mailed notice (lma, ) |
| Mar 24, 2021 | 40 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by All Plaintiffs Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 12, 2021 | 39 | order (1) Docket Text: ORDER: Defendants No. 58 CNCustomDS and No. 64 Per675rong are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [37] filed by Plaintiff on 3/11/2021. Signed by the Honorable Martha M. Pacold on 3/12/2021. Mailed notice (lma, ) |
| Mar 12, 2021 | 38 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default and default judgment [34] must enter an appearance and file a written objection by 3/19/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Mar 11, 2021 | 37 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by FC St. Pauli Merchandising GmbH & Co. KG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 8, 2021 | 36 | Exhibit Hierl Exhibit 1 (84) |
| Mar 8, 2021 | 36 | Main Document (2) Docket Text: DECLARATION of Michael A. Hierl regarding motion for default judgment[34] (Attachments: # (1) Exhibit Hierl Exhibit 1)(Hierl, Michael) |
| Mar 8, 2021 | 35 | Exhibit 2 (28) |
| Mar 8, 2021 | 35 | Exhibit 1 (117) |
| Mar 8, 2021 | 35 | Main Document (16) Docket Text: MEMORANDUM by FC St. Pauli Merchandising GmbH & Co. KG in support of motion for default judgment[34] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Hierl, Michael) |
| Mar 8, 2021 | 34 | motion for default judgment (2) Docket Text: MOTION by Plaintiff FC St. Pauli Merchandising GmbH & Co. KG for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A (Hierl, Michael) |
| Mar 8, 2021 | 33 | declaration (3) Docket Text: DECLARATION of William B. Kalbac Declaration of Service (Hierl, Michael) |
| Jan 4, 2021 | 32 | bond (1) Docket Text: SURETY BOND in the amount of $ 10,000.00 posted by FC St. Pauli Merchandising GmbH & Co. KG (Document not scanned). (lw, ) |
| Dec 18, 2020 | 31 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant myjerseycornersg at Line No. 46 is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [26] filed by plaintiff on 11/5/2020. myjerseycornersg terminated. (rao, ) |
| Dec 18, 2020 | 30 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant Suttonsports at Line No. 66 is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [20] filed by plaintiff on 10/19/2020. SuttonSports terminated. (rao, ) |
| Nov 13, 2020 | N/A | party added (0) Docket Text: NEW PARTIES: Shop4245017 Store, Shop4827007 Store, Shop4839056 Store, Shop5063285 Store, Shop5126026 Store, Shop5154047 Store, Shop5262112 Store, Shop5279032 Store, Shop5299002 Store, Shop5319008 Store, Shop5367091 Store, Shop5376248 Store, Shop5597065 Store, Shop5614108 Store, Shop5614230 Store, SparkShirt Store, TPXS-bag Store, vicney Official Store, VicneyJewelry Store, Beidhgate07, customsneakermart, designtshirts201803, jie035, pingguo2, sillyboytshirts, thetoynation, yuxin001 and yuxin07 added to case caption. (Hierl, Michael) |
| Nov 13, 2020 | N/A | party added (0) Docket Text: NEW PARTIES: tatetenga, tisveet, umyths, wargcahy0, yul.an3, zufauz-0, aaAc, CNCustomDS, Custom Auto Frames, Dllou, Katie Legg, KhobKunkrub, Milk tea sweet, Per675rong, Super Spider, SuttonSports, uShaHeJie, XiongHug, XYCustomBest, A B C 0-12clock Store, BOBOSGIRL glass cabochons Store, Brave troops Store, Fun Skull Store, Funny Caps Store, glass cabochons Store, HuaiCheng Store, KevinShirt Store, MiniClub Store, MINIJCW Store, Personaltshirt Store and Shop3680012 Store added to case caption. (Hierl, Michael) |
| Nov 12, 2020 | N/A | party added (0) Docket Text: NEW PARTIES: findinandfindinand-0, gustia-4, johawirawa_0, mard61, abay factory Store, aluka Store, Club lovemini Store, da tan Store, Dayyyum Store, HS-CBS car Store, najiawang001 Store, Shop5376117 Store, Shop5440305 Store, Shop5562177 Store, Shop5584129 Store, Shop5629213 Store, harveyi, Ktmsky, shangshenglingshig, Fashion (Jiangxi) Imp. & Exp. Co., Ltd., jtshirt, mybigboss, tshirtaholic, anggorbintor0, apik_tshirt_97, apriliawasutrisn-0, baladewa, bargainboxshop, benkok-0, bestofasian, chatarindev0, coktoh_8, doaku2015, erikere-0, evnarendr0, fadikunt-0, faraikba_0, ferrmarcellin_0, ganikurniafitr-0, hannsapt_0, ilyamuni0, jaipanjak_0, kalyankusumawat-0, khakimin, lathifbriann0, myjerseycornersg, nudijoj_8, onsuron_0, stanleyg-15 and sweetelcostore added to case caption. (Hierl, Michael) |
| Nov 10, 2020 | 29 | preliminary injunction (17) Docket Text: PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Martha M. Pacold on 11/10/2020. Mailed notice (lma, ) |
| Nov 10, 2020 | 28 | order on motion for preliminary injunction (1) Docket Text: ORDER: No defendant has filed an appearance to object to the entry of a preliminary injunction. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. 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. Signed by the Honorable Martha M. Pacold on 11/10/2020. Mailed notice (lma, ) |
| Nov 6, 2020 | 27 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by FC St. Pauli Merchandising GmbH & Co. KG as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 11/2/2020, answer due 11/23/2020. (Hierl, Michael) |
| Nov 5, 2020 | 26 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by FC St. Pauli Merchandising GmbH & Co. KG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Nov 3, 2020 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (cm, ) |
| Nov 2, 2020 | 25 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff shall immediately serve defendants with this notice. The court has taken the motion for preliminary injunction [22] under advisement and will consider the motion unopposed if no defendant appears and objects by 11/9/2020. (rao, ) |
| Oct 29, 2020 | 23 | memorandum in support of motion (7) Docket Text: MEMORANDUM by FC St. Pauli Merchandising GmbH & Co. KG in support of motion for preliminary injunction[22] (Hierl, Michael) |
| Oct 29, 2020 | 22 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff FC St. Pauli Merchandising GmbH & Co. KG for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| Oct 29, 2020 | 24 | declaration (2) Docket Text: DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[22] (Hierl, Michael) |
| Oct 19, 2020 | 21 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Oder [19], and in the court's order granting the temporary restraining order [17], Plaintiff's motion to extend the Temporary Restraining Order [19] is granted. The Temporary Restraining Order is extended to 11/3/2020. (rao, ) |
| Oct 19, 2020 | 20 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by FC St. Pauli Merchandising GmbH & Co. KG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Oct 15, 2020 | 19 | extension of time (3) Docket Text: MOTION by Plaintiff FC St. Pauli Merchandising GmbH & Co. KG for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Oct 6, 2020 | 18 | SEALED Order (18) Docket Text: SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 10/6/2020:(rao, ) |
| Oct 6, 2020 | 17 | order on motion to seal document (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:For the reasons set forth in plaintiff's motions [5], [7], [8], the supporting memorandum [9], and the temporary restraining order entered concurrently, plaintiff's motions for leave to file under seal [5], to exceed page limitation [7], and for 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 e-mail and/or electronic publication [8] 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 (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. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. Enter Sealed Temporary Restraining Order. (rao, ) |
| Oct 6, 2020 | 16 | lanham notification (10) Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials (sxb, ) |
| Oct 6, 2020 | 15 | Patent/Trademark report (1) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA (sxb, ) |
| Oct 5, 2020 | 14 | other (5) Docket Text: Notice of Claims Involving Trademarks by FC St. Pauli Merchandising GmbH & Co. KG (Hierl, Michael) |
| Oct 5, 2020 | 13 | sealed document (30) Docket Text: EXHIBIT by Plaintiff FC St. Pauli Merchandising GmbH & Co. KG Exhibit 2 Part 4 of Von Geldern Declaration (Hierl, Michael) Modified on 11/16/2020 (lma, ). |
| Oct 5, 2020 | 12 | sealed document (30) Docket Text: EXHIBIT by Plaintiff FC St. Pauli Merchandising GmbH & Co. KG Exhibit 2 Part 3 of Von Geldern Declaration (Hierl, Michael) Modified on 11/16/2020 (lma, ). |
| Oct 5, 2020 | 11 | sealed document (30) Docket Text: EXHIBIT by Plaintiff FC St. Pauli Merchandising GmbH & Co. KG Exhibit 2 Part 2 of Von Geldern Declaration (Hierl, Michael) Modified on 11/16/2020 (lma, ). |
| Oct 5, 2020 | 10 | sealed document (30) Docket Text: EXHIBIT by Plaintiff FC St. Pauli Merchandising GmbH & Co. KG Exhibit 2 Part 1 of Von Geldern Declaration (Hierl, Michael) Modified on 11/16/2020 (lma, ). |
| Oct 5, 2020 | 9 | Exhibit Hierl Exhibit 3 (33) |
| Oct 5, 2020 | 9 | Exhibit Hierl Exhibit 2 (20) |
| Oct 5, 2020 | 9 | Exhibit Hierl Exhibit 1 (11) |
| Oct 5, 2020 | 9 | Declaration Hierl Declaration (3) |
| Oct 5, 2020 | 9 | Exhibit 1 (5) |
| Oct 5, 2020 | 9 | Declaration Von Geldern Declaration (9) |
| Oct 5, 2020 | 9 | Main Document (38) Docket Text: MEMORANDUM by FC St. Pauli Merchandising GmbH & Co. KG in support of motion for temporary restraining order, [8] (Attachments: # (1) Declaration Von Geldern Declaration, # (2) Exhibit 1, # (3) Declaration Hierl Declaration, # (4) Exhibit Hierl Exhibit 1, # (5) Exhibit Hierl Exhibit 2, # (6) Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Oct 5, 2020 | 8 | motion for temporary restraining order (3) Docket Text: MOTION by Plaintiff FC St. Pauli Merchandising GmbH & Co. KG 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 (Hierl, Michael) |
| Oct 5, 2020 | 7 | motion for leave to file excess pages (3) Docket Text: MOTION by Plaintiff FC St. Pauli Merchandising GmbH & Co. KG for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Oct 5, 2020 | 6 | sealed document (7) Docket Text: SCHEDULE A by Plaintiff FC St. Pauli Merchandising GmbH & Co. KG Sealed Schedule A (Hierl, Michael) Modified on 11/16/2020 (lma, ). |
| Oct 5, 2020 | 5 | motion to seal document (3) Docket Text: MOTION by Plaintiff FC St. Pauli Merchandising GmbH & Co. KG to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Oct 5, 2020 | 4 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff FC St. Pauli Merchandising GmbH & Co. KG by William Benjamin Kalbac (Kalbac, William) |
| Oct 5, 2020 | 3 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff FC St. Pauli Merchandising GmbH & Co. KG by Michael A. Hierl (Hierl, Michael) |
| Oct 5, 2020 | 2 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Hierl, Michael) |
| Oct 5, 2020 | 1 | Exhibit 1 (5) |
| Oct 5, 2020 | 1 | Main Document (16) Docket Text: COMPLAINT filed by FC St. Pauli Merchandising GmbH & Co. KG; Jury Demand. Filing fee $ 400, receipt number 0752-17507381. (Attachments: # (1) Exhibit 1)(Hierl, Michael) |
| Oct 5, 2020 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (mp, ) |
