Case number 1:21-cv-01192
Fox Head, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Nov 12, 2021 | 53 | satisfaction of judgment (2) Docket Text: FULL SATISFACTION of Judgment regarding order[50] in the amount of $500,000 as to certain defendant (Christensen, Jake) |
| Jun 11, 2021 | 52 | satisfaction of judgment (2) Docket Text: FULL SATISFACTION of Judgment regarding order[50] in the amount of $500,000 as to certain defendant (Christensen, Jake) |
| Jun 10, 2021 | N/A | mailed (0) Docket Text: MAILED surety bond to Justin R. Gaudio, Greer, Burns & Crain, Ltd., 300 S. Wacker Dr., Suite 2500, Chicago, IL 60606 via certified mail 7008 1830 0000 4143 4148. (bg, ) |
| Jun 9, 2021 | 51 | Patent/Trademark report (30) Docket Text: MAILED trademark report with certified copy of order dated 6/9/2021 to Patent Trademark Office, Alexandria, VA (bg, ) |
| Jun 9, 2021 | 50 | order (15) Docket Text: FINAL JUDGMENT ORDER: Signed by the Honorable Martha M. Pacold on 6/9/2021. Mailed notice. (bg, ) |
| Jun 9, 2021 | 49 | order on motion for entry of default (1) Docket Text: ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment [45]. The motion [45] 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 specified in the written order, 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, Justin R. Gaudio, Greer, Burns & Crain, Ltd., 300 S. Wacker Dr., Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 6/9/2021. Mailed notice. (bg, ) |
| May 25, 2021 | 48 | 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 [45] must enter an appearance and file a written objection by 6/4/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| May 21, 2021 | 47 | notice of filing (2) Docket Text: NOTICE by Fox Head, Inc. re MOTION by Plaintiff Fox Head, Inc. for entry of default as to all defendantsMOTION by Plaintiff Fox Head, Inc. for default judgment as to all defendants[45] (Gaudio, Justin) |
| May 21, 2021 | 46 | Exhibit 1 (83) |
| May 21, 2021 | 46 | Declaration of Justin R. Gaudio (2) |
| May 21, 2021 | 46 | Main Document (14) Docket Text: MEMORANDUM by Fox Head, Inc. in support of motion for entry of default, motion for default judgment[45] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| May 21, 2021 | 45 | motion for entry of default (2) Docket Text: MOTION by Plaintiff Fox Head, Inc. for entry of default as to all defendants, MOTION by Plaintiff Fox Head, Inc. for default judgment as to all defendants (Gaudio, Justin) |
| May 21, 2021 | 44 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant 2ButShop at Line No. 66 is hereby dismissed with prejudice pursuant to the Notice of Dismissal Under Rule 41(a)(1) [43] filed by Plaintiff on 5/21/2021. 2ButShop terminated. (rao, ) |
| May 21, 2021 | 43 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Fox Head, Inc. as to certain defendant (Christensen, Jake) |
| May 13, 2021 | 42 | order (1) Docket Text: ORDER: Defendants No. 80 at Line No. 65 and GreenGarden2020 at Line No. 68 are hereby dismissed with prejudice pursuant to the Notice of Dismissal Under Rule 41(a)(1) [41] filed by Plaintiff on 5/13/2021. Signed by the Honorable Martha M. Pacold on 5/13/2021. Mailed notice (jh, ) |
| May 13, 2021 | 41 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Fox Head, Inc. as to certain defendants (Christensen, Jake) |
| May 3, 2021 | 40 | order (1) Docket Text: ORDER: Defendants Motorcycle Quality Parts Store at Line No. 11 and sanmenxiashihubinqujinbaoriyongbaihuodian at Line no. 50 are hereby dismissed with leave to reinstate within two hundred and seventy (270) days pursuant to the Notice of Dismissal Under Rule 41(a)(1) [38] filed by Plaintiff on 4/30/2021. Defendants qiufengcool at Line No. 61 and Iobre at Line No. 63 are hereby dismissed with prejudice pursuant to the Notice of Dismissal Under Rule 41(a)(1) [39] filed by Plaintiff on 4/30/2021. Signed by the Honorable Martha M. Pacold on 5/3/2021. Mailed notice(gw, ) Modified on 5/7/2021 (gw, ). |
| May 3, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: LINRAOQIAN Official Store, the Motor world, Shop3621092 Store, CARLOB c0604 Store, CARLOB AbbyChen Store, Car Stickers Store, Shop5634256 Store, Shop5881367 Store, Shop5888268 Store, Car Decals Decor Store, ETST WENDY Funny Store, Shop910563068 Store, Shop910889001 Store, conventional 1997 Store, KA74 Store, Shop910975079 Store, luoluobo Store, Shop911033015 Store, Handsome stylish guy Store, Shop911051165 Store, Shop911052158 Store, Shop911057102 Store, Shop911061171 Store, Milii Store, CDSM01 Store, Shop911132184 Store, Shop911139125 Store, Shop911175007 Store, Shop911187141 Store, Shop911188063 Store, Shop911188135 Store, Shop911197001 Store, Shop911207015 Store, GOOOG Store, Shop911261369 Store, Ying-Lu Store Store, YJ202193 Store, Shop911278003 Store, Shop911335173 Store, Green Scotte Cycling Equipment Store, Trendy High street 2 Store, Shop911390085 Store, Shop911414191 Store, Shop911414419 Store, Shop911417440 Store, Shop911421331 Store, Shop911423153 Store, Shop911425086 Store, Yuda E-commerce, jinanshi tianqiaoqujieyuebinguan, D65FAZ2SR, Clifton C Earnhardt, A1LCN8E3N30XSW, LazyCat US, LinRuiPingSHOP, Wang Kaijian, Elisha D Luis, sixiangyinyuemaoyigongsi, SAILUHANG trade, Flagsupplies, No.80, 2ButShop, HongRunBaoFeiJiDongCheHuiShouYouXianGongSi, GreenGarden2020, SILJE ESMARALDA, Pongutera-US, James Wisniewski, miaomiaoshop, Kungfu Graphics, Me Diell, Onlinecrome, RETAGTreH, Rhonda Rogers, Johnny Shaw, ZhuojingheliangaCc, WilliamBerry, FrankArnold, HuYuHui, kelty5651, lailei81, Glenn Light, Will R. Colby, MattMaximiliantZoUg, Laura Hughes, Russell Hierl, CJLX3I94J, Leah Riman, Lance VanSpronsen, laoisdjodapd, Josephcr, Maizai Underclothes, Audreyxs, Alex Stewart, Terry Whitmer, JoWuana Littleton, Robert Simon, Jose LeonardPOPending, Gertrude Gresham, Roy Smothers, THOMAS JULES, Maricela1, Roxanne Nester, Anthony Anderson, theydenmibg, Chloe West, Franklyn Gray ome, Maureen trouth-grier, Jessica Humphrey, Rebecca McCloskey, Sara Armour, Rahul Rana, Christina wilkins, Sue Glover, richard russell1, Destinee Robinson, michael angeloff, Terbeily pants, Shawn McCullough54, Aoalygiver Toys, 0219love, Brian Visca45, guohuixin2956, liyuting1, Taiskyenry Baby's, huapeng66058, Hexiaowei2288, Chenhuaiping123, liujingwen0597, zhegzhixin251314, lihao67689, RogerHirl, wuyidan0722, chengzhen666, liting3658, yuanwenhao12, yuxingxue54648, dengjie112, mayexin123, wangqi1228, niang juan785, luxuanchi7684, lixinran42164, donghuizhen12356356, lihailong65167, wangruiduo28597, TanAzmTKN, Shop_sethberger, zhangjie1234, Rank Electronics, Fushengnan135, wangshuai66058, Nguyen Trong Dat and Nguyen Quang Minh added to case caption. (Ziegler, Amy) |
| Apr 30, 2021 | 39 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Fox Head, Inc. as to certain defendants (Christensen, Jake) |
| Apr 30, 2021 | 38 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Fox Head, Inc. as to certain defendants (Christensen, Jake) |
| Apr 30, 2021 | 37 | preliminary injunction (15) Docket Text: PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Martha M. Pacold on 4/30/2021: Mailed notice (ec, ) |
| Apr 30, 2021 | 36 | order on motion for preliminary injunction (1) Docket Text: ORDER No defendant has filed an objection to the motion for preliminary injunction. Thus, the motion for preliminary injunction [31] is granted. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Enter Preliminary Injunction. The Clerk of Court 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 4/30/2021: Mailed notice (ec, ) |
| Apr 1, 2021 | 35 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve defendants with this notice. The court has taken the motion for a preliminary injunction [31] under advisement and will consider the motion unopposed if no defendant appears and objects by 4/15/2021. (rao, ) |
| Mar 31, 2021 | 34 | Declaration of Martin F. Trainor (2) |
| Mar 31, 2021 | 34 | Main Document (2) Docket Text: SUMMONS Returned Executed by Fox Head, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 3/31/2021, answer due 4/21/2021. (Attachments: # (1) Declaration of Martin F. Trainor)(Trainor, Martin) |
| Mar 31, 2021 | 33 | notice of filing (2) Docket Text: NOTICE by Fox Head, Inc. re MOTION by Plaintiff Fox Head, Inc. for preliminary injunction [31] (Gaudio, Justin) |
| Mar 31, 2021 | 32 | Exhibit 1 (32) |
| Mar 31, 2021 | 32 | Declaration of Justin R. Gaudio (2) |
| Mar 31, 2021 | 32 | Main Document (6) Docket Text: MEMORANDUM by Fox Head, Inc. in support of motion for preliminary injunction[31] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| Mar 31, 2021 | 31 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff Fox Head, Inc. for preliminary injunction (Gaudio, Justin) |
| Mar 31, 2021 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (exr, ) |
| Mar 18, 2021 | 30 | order (2) Docket Text: EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/18/2021:(rao, ) |
| Mar 18, 2021 | 29 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff's ex parte motion to extend the Temporary Restraining Order [25] is granted. (rao, ) |
| Mar 17, 2021 | 28 | bond (1) Docket Text: BOND on Injunction in the amount of $ 10,000.00 posted by Fox Head, Inc. (Document not imaged) (td, ) |
| Mar 17, 2021 | 27 | notice of filing (1) Docket Text: NOTICE by Fox Head, Inc. re MOTION by Plaintiff Fox Head, Inc. for extension of time of Temporary Restraining Order[25] (Gaudio, Justin) |
| Mar 17, 2021 | 26 | Declaration of Justin R. Gaudio (1) |
| Mar 17, 2021 | 26 | Main Document (2) Docket Text: MEMORANDUM by Fox Head, Inc. in support of extension of time[25] (Attachments: # (1) Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Mar 17, 2021 | 25 | extension of time (1) Docket Text: MOTION by Plaintiff Fox Head, Inc. for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Mar 8, 2021 | 23 | order on motion for temporary restraining order (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions [12], [17], the supporting memoranda [13], [18], and the temporary restraining order, Plaintiff's motions for electronic service of process [17], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint and expedited discovery [12], 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, ) |
| Mar 8, 2021 | 24 | SEALED Order (15) Docket Text: TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/8/2021:(rao, ) Modified on 6/15/2021 (ec, ). |
| Mar 4, 2021 | 21 | notification of affiliates pursuant to local rule 3.2 (1) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fox Head, Inc. (Gaudio, Justin) |
| Mar 4, 2021 | 22 | other (4) Docket Text: Notice of Claims Involving Trademarks by Fox Head, Inc. (Gaudio, Justin) |
| Mar 4, 2021 | 20 | notice of filing (1) Docket Text: NOTICE by Fox Head, Inc. re MOTION by Plaintiff Fox Head, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [17], MOTION by Plaintiff Fox Head, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery[12] (Gaudio, Justin) |
| Mar 4, 2021 | 19 | Exhibit 2 (23) |
| Mar 4, 2021 | 19 | Exhibit 1 (11) |
| Mar 4, 2021 | 19 | Main Document (3) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) |
| Mar 4, 2021 | 18 | memorandum in support of motion (5) Docket Text: MEMORANDUM by Fox Head, Inc. in support of motion for miscellaneous relief[17] (Gaudio, Justin) |
| Mar 4, 2021 | 17 | motion for miscellaneous relief (1) Docket Text: MOTION by Plaintiff Fox Head, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Mar 4, 2021 | 16 | Exhibit 2-6 (13) |
| Mar 4, 2021 | 16 | Exhibit 2-5 (361) |
| Mar 4, 2021 | 16 | Exhibit 2-4 (321) |
| Mar 4, 2021 | 16 | Exhibit 2-3 (361) |
| Mar 4, 2021 | 16 | Exhibit 2-2 (361) |
| Mar 4, 2021 | 16 | Exhibit 2-1 (327) |
| Mar 4, 2021 | 16 | Main Document (1) Docket Text: EXHIBIT by Plaintiff Fox Head, Inc. Exhibit 2 - Parts 1 - 6 regarding declaration[15] (Attachments: # (1) Exhibit 2-1, # (2) Exhibit 2-2, # (3) Exhibit 2-3, # (4) Exhibit 2-4, # (5) Exhibit 2-5, # (6) Exhibit 2-6)(Gaudio, Justin) Modified on 6/15/2021 (ec, ). |
| Mar 4, 2021 | 15 | Exhibit 1 (20) |
| Mar 4, 2021 | 15 | Main Document (13) Docket Text: DECLARATION of Vance Lommen regarding memorandum in support of motion[13] (Attachments: # (1) Exhibit 1)(Gaudio, Justin) |
| Mar 4, 2021 | 14 | Exhibit 4 (64) |
| Mar 4, 2021 | 14 | Exhibit 3 (62) |
| Mar 4, 2021 | 14 | Exhibit 2 (3) |
| Mar 4, 2021 | 14 | Exhibit 1 (6) |
| Mar 4, 2021 | 14 | Main Document (5) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[13] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Gaudio, Justin) |
| Mar 4, 2021 | 13 | memorandum in support of motion (16) Docket Text: MEMORANDUM by Fox Head, Inc. in support of motion for temporary restraining order[12] (Gaudio, Justin) |
| Mar 4, 2021 | 12 | motion for temporary restraining order (2) Docket Text: MOTION by Plaintiff Fox Head, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Mar 4, 2021 | 11 | order on motion for leave to file (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal [3] is granted. (rao, ) |
| Mar 3, 2021 | 10 | lanham notification (10) Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials (bg, ) |
| Mar 3, 2021 | 9 | Patent/Trademark report (21) Docket Text: MAILED trademark report to Patent Trademark Office, Alexandria, VA (bg, ) |
| Mar 3, 2021 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (gw, ) |
| Mar 2, 2021 | 8 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Martin Francis Trainor (Trainor, Martin) |
| Mar 2, 2021 | 7 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Jake Michael Christensen (Christensen, Jake) |
| Mar 2, 2021 | 6 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Mar 2, 2021 | 5 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Mar 2, 2021 | 4 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Gaudio, Justin) |
| Mar 2, 2021 | 3 | motion for leave to file (2) Docket Text: MOTION by Plaintiff Fox Head, Inc. for leave to file Under Seal (Gaudio, Justin) |
| Mar 2, 2021 | 2 | exhibit (6) Docket Text: EXHIBIT by Plaintiff Fox Head, Inc. Schedule A regarding complaint[1] (Gaudio, Justin) Modified on 6/15/2021 (ec, ). |
| Mar 2, 2021 | 1 | Exhibit 4 (55) |
| Mar 2, 2021 | 1 | Exhibit 3 (48) |
| Mar 2, 2021 | 1 | Exhibit 2 (6) |
| Mar 2, 2021 | 1 | Exhibit 1 (20) |
| Mar 2, 2021 | 1 | Main Document (17) Docket Text: COMPLAINT filed by Fox Head, Inc.; Filing fee $ 402, receipt number 0752-17982326. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Gaudio, Justin) |
