Case number 1:20-cv-00431
Republic Technologies (NA), LLC et al v. D&S Tobacco N More Inc. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Sep 14, 2020 | 26 | order on motion for default judgment (1) Docket Text: ORDER: No defendant has responded to plaintiffs' motion for default judgment [23]. The motion is granted. Based on the evidence submitted in support of plaintiffs' motion and the admission of liability by virtue of the default, plaintiffs have established that the infringement was willful and a total judgment award of $30,400 is appropriate. "In counterfeit trademark cases, the balance in setting statutory damages is providing some measure of compensation and deterrence, without crossing the line into overdeterrence." Republic Technologies (NA) LLC v. SmokeShop for You XX, Inc., No. 19-cv-08462, Dkt. 26 (N.D. Ill. 2020); see also RooR International BV et al v. Smoker's Zone et al., No. 19-cv-05014, Dkt. 48 (N.D. Ill. 2020); Roor International BV et al v. Lakeview Smoke & Vape Inc. et al, No. 19-cv-06489, Dkt. 34 (N.D. Ill. 2020). "Relevant considerations include the nature and price of the product; the volume of sales (or an estimate depending on the size of the offending retail operation); any safety and health risks of the counterfeit goods; and the strength of the mark." Republic Technologies, No. 19-cv-08462, Dkt. 26. Here,the tobacco pipe bought by the investigator was $97.64, which is substantialprice. Moreover, the defendant is in the business of operating smoke shops, where familiarity with plaintiffs' brand should be known. Additionally, as other courts have concluded, "there actually is some health concern with counterfeit products that are designed to convey vapors into the body." Republic Technologies, No. 19-cv-08462, Dkt. 26; see also RooR International BV, No. 19-cv-05014, Dkt. 48; Roor International BV, No. 19-cv-06489, Dkt. 34. Accordingly, the Court awards $30,000.00 in statutory damages. In addition, $400 is awarded for costs (the filing fee). The total judgment amount is thus $30,400. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 9/14/2020. Mailed notice (lma, ) |
| Sep 3, 2020 | 25 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiffs shall serve defendants with this notice. Any objection to plaintiffs' motion for default judgment[23] must be filed by 9/10/2020. If no objections are filed, the court will consider the motion unopposed. (rao, ) |
| Sep 1, 2020 | 24 | response in support of motion (14) Docket Text: RESPONSE by Republic Technologies (NA), LLC, Sream, Inc.in Support of MOTION by Plaintiffs Republic Technologies (NA), LLC, Sream, Inc. for default judgment as to [23] (Langone, Christopher) |
| Sep 1, 2020 | 23 | Exhibit F (3) |
| Sep 1, 2020 | 23 | Exhibit E (2) |
| Sep 1, 2020 | 23 | Exhibit D (2) |
| Sep 1, 2020 | 23 | Exhibit C (6) |
| Sep 1, 2020 | 23 | Exhibit B (5) |
| Sep 1, 2020 | 23 | Exhibit A (1) |
| Sep 1, 2020 | 23 | Main Document (2) Docket Text: MOTION by Plaintiffs Republic Technologies (NA), LLC, Sream, Inc. for default judgment as to (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Langone, Christopher) |
| Aug 26, 2020 | 22 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiffs' motion for extension of time to file motion for default judgment and prove up materials [21] is granted. Plaintiffs are given until 9/1/2020 to file the motion for default judgment. (rao, ) |
| Aug 25, 2020 | 21 | extension of time (2) Docket Text: MOTION by Plaintiffs Republic Technologies (NA), LLC, Sream, Inc. for extension of time of 1 week to file motion for default judgment (Langone, Christopher) |
| Aug 10, 2020 | 20 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Default was entered against defendant on August 3, 2020. No motion for default judgment has been filed. Any motion for default judgment is due by August 25, 2020. Plaintiffs may request an extension of this deadline if needed. Plaintiffs' failure to file a motion for default judgment or request an extension of time by August 25, 2020 will result in dismissal of this case for want of prosecution on the understanding that plaintiffs have abandoned their claims. (rao, ) |
| Aug 3, 2020 | 19 | order on motion for entry of default (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiffs' motion for entry of default [18] is granted. Pursuant to Rule 55(a), default is entered against defendants D&S Tobacco N' More Inc. and Pankahj Dinesh Shah. The court will set a schedule on any future motion once that motion is filed. (rao, ) |
| Aug 2, 2020 | 18 | motion for entry of default (2) Docket Text: MOTION by Plaintiffs Republic Technologies (NA), LLC, Sream, Inc. for entry of default (Langone, Christopher) |
| Jul 10, 2020 | 17 | order (8) Docket Text: ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk7, Docket) |
| Jun 15, 2020 | 16 | order on motion for entry of default (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiffs' motion for default [14] is stricken. Plaintiffs may refile their motion, if appropriate, after reviewing this minute entry. Federal Rule of Civil Procedure 4(d)(3) states: "A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent." In light of the sixty day time-period to answer and the court's General Orders, extending deadlines in civil cases by 77 additional days, the deadlines represented in Plaintiffs' motion for default appear inaccurate. For example, 137 days after January 28, 2020 (if that's when the request for waiver was sent) would be June 13, 2020. (rao, ) |
| Jun 12, 2020 | 15 | status report (1) Docket Text: STATUS Report by Plaintiffs Only (Defendant in default) by Republic Technologies (NA), LLC, Sream, Inc. (Langone, Christopher) |
| Jun 12, 2020 | 14 | motion for entry of default (2) Docket Text: MOTION by Plaintiffs Republic Technologies (NA), LLC, Sream, Inc. for entry of default and to set schedule for prove up (Langone, Christopher) |
| May 26, 2020 | 13 | order (8) Docket Text: ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket9, ) |
| May 19, 2020 | 12 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:The status report filing date of 5/28/2020 and the status hearing set for 6/3/2020 are stricken. At this time, given the COVID-19 situation, the court is not in a position to hold a status hearing. It will reassess the need for a hearing after reviewing the parties' initial status report. The parties are directed to file the joint status report by 6/12/2020. (rao, ) |
| Apr 24, 2020 | 11 | order (11) Docket Text: ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket8, ) |
| Apr 3, 2020 | 10 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Consistent with Second Amended General Order 20-0012, IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY (March 30, 2020), the status hearing set for 4/23/2020 is stricken and reset to 6/3/2020 at 9:45 a.m. The parties are directed to file the joint status report by 5/28/2020. (rao, ) |
| Mar 30, 2020 | 9 | order (10) Docket Text: ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1, ) |
| Mar 16, 2020 | 8 | order (5) Docket Text: ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) |
| Feb 19, 2020 | 7 | waiver of service executed (2) Docket Text: WAIVER OF SERVICE returned executed by Republic Technologies (NA), LLC, Sream, Inc.. (Langone, Christopher) |
| Feb 10, 2020 | 6 | waiver of service executed (2) Docket Text: WAIVER OF SERVICE returned executed by Republic Technologies (NA), LLC, Sream, Inc.. All Defendants. (Langone, Christopher) |
| Feb 10, 2020 | 5 | waiver of service executed (2) Docket Text: WAIVER OF SERVICE returned executed by Republic Technologies (NA), LLC, Sream, Inc.. All Defendants. (Langone, Christopher) |
| Feb 7, 2020 | 4 | Initial Status Report outline (2) |
| Feb 7, 2020 | 4 | Main Document (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file a joint status report by 4/16/2020. Status hearing set for 4/23/2020 at 9:45 a.m. (Attachments: # (1) Initial Status Report outline) (rao, ) |
| Jan 22, 2020 | 3 | lanham notification (10) Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (gcy, ) |
| Jan 22, 2020 | 2 | Patent/Trademark report (7) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA (gcy, ) |
| Jan 21, 2020 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (acm, ) |
| Jan 20, 2020 | 1 | Civil Cover Sheet Civil Cover Sheet (1) |
| Jan 20, 2020 | 1 | Exhibit Exhibit E (4) |
| Jan 20, 2020 | 1 | Exhibit Exhibit D (23) |
| Jan 20, 2020 | 1 | Exhibit Exhibit C (26) |
| Jan 20, 2020 | 1 | Exhibit Exhibit B (6) |
| Jan 20, 2020 | 1 | Exhibit Exhibit A (6) |
| Jan 20, 2020 | 1 | Main Document (19) Docket Text: COMPLAINT for Injunctive Relief and Damages filed by REPUBLIC TECHNOLOGIES (NA), LLC, SREAM, INC; Filing fee $ 400, receipt number 0752-16632908. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E, # (6) Civil Cover Sheet Civil Cover Sheet)(Langone, Christopher) |
