Case number 1:19-cv-05028
Roor International BV et al v. Smoke & Vape et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 27, 2020 | 37 | entered judgment (1) Docket Text: ENTERED JUDGMENT Signed by the Honorable Martha M. Pacold on 10/27/2020:(rao, ) |
| Oct 27, 2020 | 36 | order on motion for default judgment (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Defendant has not responded to plaintiffs' motion for default judgment [33]. 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 $20,477.20 is appropriate. Plaintiffs' affidavit requests an award of $20,000.00 in statutory damages. [33-2] at 4, para. 30. "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. Smoke Shop 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 $22.05. "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 $20,000.00 in statutory damages. In addition, $477.20 is awarded for costs (the filing fee and service expense). The total judgment amount is thus $20,477.20. Enter Final Judgment Order. Civil case terminated. (rao, ) |
| Oct 19, 2020 | 35 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs filed a motion for default judgment against defendant Armitage Pulaski Inc. d/b/a Smoke & Vape. [33]. In the motion, plaintiffs state that the individual defendant, Farhan Patel, was non-suited on October 18, 2020. [33] at para. 4. Pursuant to plaintiffs' motion, defendant Farhan Patel is dismissed. The only remaining defendant is Armitage Pulaski Inc. d/b/a Smoke & Vape. Plaintiffs shall serve defendant Armitage Pulaski Inc. d/b/a Smoke & Vape with this order. If Armitage Pulaski Inc. d/b/a Smoke & Vape has any objections to plaintiffs' motion for default judgment, they must be filed by 10/26/2020. If no objections are filed, the court will consider the motion unopposed. Farhan Patel terminated. (rao, ) |
| Oct 18, 2020 | 34 | memorandum in support of motion (15) Docket Text: MEMORANDUM by Roor International BV, Sream, Inc. in support of motion for default judgment, [33] (Langone, Christopher) |
| Oct 18, 2020 | 33 | Exhibit F (3) |
| Oct 18, 2020 | 33 | Exhibit E (2) |
| Oct 18, 2020 | 33 | Exhibit D (2) |
| Oct 18, 2020 | 33 | Exhibit C (14) |
| Oct 18, 2020 | 33 | Exhibit B (5) |
| Oct 18, 2020 | 33 | Exhibit A (1) |
| Oct 18, 2020 | 33 | Main Document (3) Docket Text: MOTION by Plaintiffs Roor International BV, Sream, Inc. for default judgment as to Defendant Armitage Pulaski,Inc (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Langone, Christopher) |
| Oct 5, 2020 | 32 | set deadlines (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:On 8/10/2020, plaintiff was ordered to file a status report regarding service by 8/25/2020. [29]. On 8/25/2020, plaintiff requested an additional thirty days to do so. [30]. The court granted plaintiff's motion and plaintiff was given until 9/30/2020 to file proof of service. [31]. Plaintiff failed to do so. By 10/14/2020, plaintiff must show cause why this case should not be dismissed for failure to prosecute. Plaintiff's failure to show cause by 10/14/2020, will result in dismissal of this case for want of prosecution on the understanding that plaintiff has abandoned its claims. (rao, ) |
| Aug 28, 2020 | 31 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for 30-day extension to file proof of service as to Defendant Patel [30] is granted. Plaintiff given until 9/30/2020 to file proof of service as to Defendant Patel. (rao, ) |
| Aug 25, 2020 | 30 | Exhibit A (2) |
| Aug 25, 2020 | 30 | Main Document (1) Docket Text: MOTION by Plaintiffs Roor International BV, Sream, Inc. for extension of time to file green card as to Patel (Attachments: # (1) Exhibit A)(Langone, Christopher) |
| Aug 10, 2020 | 29 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall file a status report by 8/25/2020, regarding the progress of service on Defendant Patel. (rao, ) |
| Aug 10, 2020 | N/A | terminate deadlines and hearings (0) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff shall file a status report by 8/25/2020, regarding the progress of service on Defendant Patel.(rao, ) |
| Jul 10, 2020 | 27 | 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. (Clerk5, Docket) |
| May 26, 2020 | 26 | 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. (docket7, ) |
| May 15, 2020 | 25 | status report (1) Docket Text: STATUS Report by Roor International BV, Sream, Inc. (Langone, Christopher) |
| Apr 28, 2020 | 24 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:By operation of the Third Amended General Order 20-0012, In re: Coronavirus COVID-19 Public Emergency (April 24, 2020), the status hearing set for May 14, 2020 is stricken. The parties should file a joint written status report by May 18, 2020 as directed in paragraph 5 of the Third Amended General Order. (rao, ) |
| Apr 24, 2020 | 23 | 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. (docket5, ) |
| Apr 1, 2020 | 22 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Status hearing set for 4/16/2020 is stricken and reset to 5/14/2020 at 10:00 a.m. (rao, ) |
| Mar 30, 2020 | 21 | 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 | 20 | 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. (td, ) |
| Mar 16, 2020 | 19 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:In light of the current situation with COVID-19 and to reduce the number of in-court appearances, the status hearing set for 3/26/2020 is stricken and reset to 4/16/2020 at 10:00 AM. (rao, ) |
| Feb 21, 2020 | 18 | status hearing (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Status hearing held on 2/21/2020. Plaintiffs' counsel appeared. Plaintiffs' motion for alternative service as to defendant Farhan Patel is granted. The Court will allow plaintiffs to try and serve defendant Farhan Patel through certified mail restricted delivery. Default under R. 55(a) was entered against the corporate defendant Armitage Pulaski Inc. on 2/18/2020. Status hearing set for 3/26/2020 at 9:45 a.m. Plaintiffs are also free to prove up damages at the next status hearing.(rao, ) |
| Feb 18, 2020 | 17 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Default is entered pursuant to FRCP 55(a) as to Armitage Pulaski, Inc. doing business as Smoke & Vape for failure to answer or otherwise plead. Mailed notice (ph, ) |
| Feb 14, 2020 | 14 | status report (4) Docket Text: STATUS Report by Roor International BV, Sream, Inc. (Langone, Christopher) |
| Feb 14, 2020 | 15 | summons returned unexecuted (1) Docket Text: SUMMONS Returned Unexecuted by Roor International BV, Sream, Inc. as to Farhan Patel. (Langone, Christopher) |
| Feb 14, 2020 | 16 | other (2) Docket Text: Request for Clerk Default by Roor International BV, Sream, Inc. (Langone, Christopher) |
| Dec 11, 2019 | 13 | Initial Status Report outline (2) |
| Dec 11, 2019 | 13 | Main Document (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file a joint status report by 2/14/2020. The Court will hold a status hearing on 2/21/2020 at 9:45 a.m. (Attachments: # (1) Initial Status Report outline) (rao, ) |
| Nov 20, 2019 | 12 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff's motion to extend time for service [11] is granted. Plaintiff has until January 18, 2020 to obtain service. Plaintiff is directed to Local Rule 5.3(b), and reminded that any future motion must be accompanied by a notice of presentment. (rao, ) |
| Nov 13, 2019 | 11 | extension of time (2) Docket Text: MOTION by Plaintiffs Roor International BV, Sream, Inc. for extension of time to Serve Defendants (Langone, Christopher) |
| Oct 22, 2019 | 10 | summons returned executed (1) Docket Text: SUMMONS Returned Executed by Roor International BV, Sream, Inc. as to Armitage Pulaski, Inc. on 10/20/2019, answer due 11/12/2019. (Langone, Christopher) |
| Aug 30, 2019 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendants Armitage Pulaski, Inc., Farhan Patel (rc, ) |
| Aug 26, 2019 | 9 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Edmond E. Chang:In view of the reassignment to Judge Pacold, the status hearing of of September 6, 2019 with Judge Chang is vacated.Emailed notice (slb, ) |
| Aug 23, 2019 | 8 | assigning/reassigning Case (11) Docket Text: EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 19-0025 Pursuant that to the Executive Committee Order entered on August 9, 2019 the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Martha M. Pacold; therefore IT IS HEREBY ORDERED that the attached list of 342 cases be reassigned to the Honorable Martha M. Pacold; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Martha M. Pacolds webpage on the Courts website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Martha M. Pacold to the Courts civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Martha M. Pacold to the Courts criminal case assignment system thirty days from the entry of this Order so that she shall receive a full share of such cases. Case reassigned to the Honorable Martha M. Pacold for all further proceedings. Honorable Edmond E. Chang no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 8/23/2019.(smm, ) |
| Aug 20, 2019 | 7 | Exhibit E. Product Purchase from Defendant (10) |
| Aug 20, 2019 | 7 | Exhibit D. Agreement Scream Roor international (2) |
| Aug 20, 2019 | 7 | Exhibit C. License Agreement (26) |
| Aug 20, 2019 | 7 | Exhibit B. RooR Trademark Registrations (6) |
| Aug 20, 2019 | 7 | Exhibit A. USPTO- Notice of Recordation of Assignment (2) |
| Aug 20, 2019 | 7 | Main Document (20) Docket Text: AMENDED complaint by Roor International BV against All Defendants and terminating John Doe (Attachments: # (1) Exhibit A. USPTO- Notice of Recordation of Assignment, # (2) Exhibit B. RooR Trademark Registrations, # (3) Exhibit C. License Agreement, # (4) Exhibit D. Agreement Scream Roor international, # (5) Exhibit E. Product Purchase from Defendant)(Langone, Christopher) |
| Jul 29, 2019 | 6 | lanham notification (10) Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jjr, ) |
| Jul 29, 2019 | 5 | Patent/Trademark report (30) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA (jjr, ) |
| Jul 26, 2019 | 4 | Notice re Mandatory Initial Discovery Pilot(MIDP) (1) Docket Text: NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (jjr, ) |
| Jul 26, 2019 | 3 | Status Report Requirements (2) |
| Jul 26, 2019 | 3 | Main Document (1) Docket Text: MINUTE entry before the Honorable Edmond E. Chang:Initial status hearing set for 09/06/2019 at 9:15 a.m. The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. Plaintiff must still file the report even if not all Defendants have been served or have responded to requests to craft a joint report. read them anew even if counsel has appeared before Judge Chang in other cases. Because the Procedures are occasionally revised, counsel must read them anew even if counsel has appeared before Judge Chang in other cases.Emailed notice (Attachments: # (1) Status Report Requirements) (slb, ) |
| Jul 26, 2019 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (jjr, ) |
| Jul 25, 2019 | 2 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiffs ROOR INTERNATIONAL BV, SREAM, INC. by Christopher V. Langone (Langone, Christopher) |
| Jul 25, 2019 | 1 | Civil Cover Sheet (1) |
| Jul 25, 2019 | 1 | Exhibit E. Product Purchase from Defendant (10) |
| Jul 25, 2019 | 1 | Exhibit D. Agreement Scream Roor international (2) |
| Jul 25, 2019 | 1 | Exhibit C. License Agreement (26) |
| Jul 25, 2019 | 1 | Exhibit B. RooR Trademark Registrations (6) |
| Jul 25, 2019 | 1 | Exhibit A. USPTO- Notice of Recordation of Assignment (2) |
| Jul 25, 2019 | 1 | Main Document (20) Docket Text: COMPLAINT filed by ROOR INTERNATIONAL BV; Filing fee $ 400, receipt number 0752-16072425. (Attachments: # (1) Exhibit A. USPTO- Notice of Recordation of Assignment, # (2) Exhibit B. RooR Trademark Registrations, # (3) Exhibit C. License Agreement, # (4) Exhibit D. Agreement Scream Roor international, # (5) Exhibit E. Product Purchase from Defendant, # (6) Civil Cover Sheet)(Langone, Christopher) |
