Case number 1:21-cv-06337
Those Characters from Cleveland, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jul 15, 2022 | 52 | order (12) Docket Text: DEFAULT Judgment Order signed by the Honorable Martha M. Pacold on 7/15/2022. Mailed notice (jh, ) |
| Jul 15, 2022 | 51 | order on motion for default judgment (1) Docket Text: ORDER: In the court's 6/17/2022 minute entry [50], it gave all defendants until 7/8/2022 to object to plaintiff's motion for entry of default and default judgment [47]. The court grants plaintiff's motion [47] for entry of default and default judgment against all defendants identified on Schedule A attached to the court's order. 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 as set forth in the Final Judgment Order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its mark causes it irreparable harm in the form of consumer confusion, loss of customers' goodwill, and reputational harm; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $10,000 surety bond previously deposited with the Clerk of the Court to plaintiff's counsel, Michael A. Hierl, Hughes Socol Piers Resnick & Dym, Ltd., 70 W. Madison Street, Suite 4000, Chicago, IL 60602, via certified mail. Enter Final Default Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 7/15/2022. Mailed notice (jh, ) |
| Jun 17, 2022 | 50 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve defendants with this order. Plaintiff's motion for entry of default and default judgment [47] is taken under advisement. Any defendant wishing to appear and object must file an appearance on the docket and file their objection by 7/8/2022. (rao, ) |
| Jun 16, 2022 | 49 | Exhibit Hierl Exhibit 1 (84) |
| Jun 16, 2022 | 49 | Main Document (3) Docket Text: DECLARATION of Michael A. Hierl regarding motion for default judgment[47] (Attachments: # (1) Exhibit Hierl Exhibit 1)(Hierl, Michael) |
| Jun 16, 2022 | 48 | Exhibit 2 (28) |
| Jun 16, 2022 | 48 | Exhibit 1 (117) |
| Jun 16, 2022 | 48 | Main Document (16) Docket Text: MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for default judgment[47] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Hierl, Michael) |
| Jun 16, 2022 | 47 | motion for default judgment (2) Docket Text: MOTION by Plaintiff Those Characters from Cleveland, LLC for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A (Hierl, Michael) |
| Jun 16, 2022 | 46 | declaration (3) Docket Text: DECLARATION of William B. Kalbac Declaration of Service (Hierl, Michael) |
| Apr 29, 2022 | 45 | 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 an amended Schedule A to remove defendant No. 29 [44] is granted. Defendant No. 29 U-home-US is dismissed with prejudice and each party shall bear its own attorney's fees and costs. Plaintiff is directed to file an amended Schedule A form on the docket by 5/2/2022. (rao, ) |
| Apr 28, 2022 | 44 | motion for leave to file (3) Docket Text: MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file Motion for Leave to File an Amended Schedule A (Hierl, Michael) |
| Apr 5, 2022 | 43 | Amended Schedule A (10) |
| Apr 5, 2022 | 43 | Main Document (2) Docket Text: NOTICE by Those Characters from Cleveland, LLC Notice of Filing (Attachments: # (1) Amended Schedule A)(Hierl, Michael) |
| Apr 1, 2022 | 42 | status report (3) Docket Text: STATUS Report by Those Characters from Cleveland, LLC (Hierl, Michael) |
| Mar 31, 2022 | 41 | 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 an amended Schedule A [40] to remove defendant No. 87 is granted. Jiangxi Zhilin Imp&Exp Co., Ltd. is dismissed with prejudice and each party shall bear its own attorney's fees and costs. Plaintiff is directed to file an amended Schedule A on the docket by 4/5/2022. Plaintiff's status report deadline of 4/1/2022 remains. (rao, ) |
| Mar 29, 2022 | 40 | motion for leave to file (3) Docket Text: MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file Motion for Leave to File an Amended Schedule A (Hierl, Michael) |
| Mar 18, 2022 | 39 | set deadlines (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file a status report by 4/1/2022 updating the court on the status of the case. (rao, ) |
| Jan 13, 2022 | 38 | order (1) Docket Text: ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 1/13/2022: Mailed notice(daj, ) |
| Jan 13, 2022 | 37 | preliminary injunction (14) Docket Text: PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 1/13/2022: (rao, ) |
| Jan 13, 2022 | 36 | order on motion for preliminary injunction (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: No defendant has filed an appearance to object to plaintiff's motion for entry of a preliminary injunction [31]. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction [31] is granted. 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. (rao, ) Modified on 1/13/2022 (rao, ). |
| Jan 13, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: Sparkling Chili Store, Speciald31 Store, SuAmeng Store, Svetlana Store, tangyi Store, Tlopez Global Store, Touds Store, Travel House Store, t-shirt003 Store, t-shirt006 Store, t-shirt019 Store, VALIOSOPA Official Store, VBYGXTIN CKK Store, VISSMAK Boutique Store, VPM Official Store, Vsenfo Store, WAIT Store, Wiin Socks Store, WINNHO Store, WJFXSOX Store, WLucky Stickers Store, WONDERCUSTOM Store, WPLOIKJD 999 Store, xiao liang fitting Store, Xiaohei up Store, xiaoQ Fleece discount Store, XiuiXiu4 Store, XUE SUHigh-end wallpapers Store, xueyanzi901216 Store, XYDDJYNL Online Store, YBYAO Stationery Store, Yicai cothin Store, Yinuoda NO.14 Store, youCons Store, YOYIIGAA Official Store, YuanMian still shine Store, YUNKAI Socks shop Store, yusimaobu Store, ZINSAM Boutique Store, ZLEY Phone Accessories Store and ZUOAN Store added to case caption. (Kalbac, William) |
| Jan 13, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: Men Woman World Stocking Store Store, Menel Nail Art Store, Mesekris sock Store, Milofi xiudou Store, Ming Stationery Store, Monilasu Store, N&H Store, Nail Art Diary Store, Nu Nu Store, oairangte1 Store, OMEA Boutique Store, Oriana Store, PhoneCase Drop Shipping Store, photo backdrops background Store, plainbam 3C Wholesales Store, renaissance socks Store, RIKONKA Nail Supplies Store, ROSECA NailSticker Store, Salimism Sock Store, Shadow Moonlight Store, Shenzhen Defan Technology Co., Ltd., Shenzhen HaoXinDa Company Store, Shenzhen Huihuan Trade Development Co., Ltd., Shoelace Culture Store, SHOP TSHIRT 007 Store, Shop3102076 Store, Shop396505386 Store, Shop4474148 Store, Shop4522001 Store, Shop5045288 Store, Shop5248168 Store, Shop5275034 Store, Shop5480110 Store, Shop5569199 Store, Shop5596313 Store, Shop5603229 Store, Shop5607154 Store, Shop5620207 Store, Shop5778911 Store, Shop5785875 Store, Shop5796160 Store, Shop5797420 Store, Shop5875675 Store, Shop5891698 Store, Shop5952218 Store, Shop5952219 Store, Shop900239167 Store, Shop910326083 Store, Shop910966057 Store and SJ Store added to case caption. (Kalbac, William) |
| Jan 13, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: Colour Qilmily Store, Cotton Idea, Crmresin Store, DA TIAN Store, DAYIFUN Store, Dianruo's Store, DKN Store, downstairs Official Store, Drinkwares Store, DTSTARZG Store, earlfamily V Store, fivecinq Official Store, Footprint men women socks shop Store, Funny Cos Store, Funny man socks Store, Gemfits88 Store, Gimue Stationery Store, Golden wheat field harvest art Store, Guangzhou E-GOcase Electronics Technology Company Ltd., Guangzhou Excellent Rhinestone Transfers Factory, H&R Apparal Store, Hangzhou Weise Supply Chain Management Co., Ltd., HaNismt Store, HANZIMAN Store, Haorry Store, HAT11 Store, HEPOSCKONE Store, HIZILENT GOTHIC HARAJUKA Store, HUIHUA Global Store, IELGY Official Store, ILIKEYOU Store, Interesting little ornaments Store, iPhone-case Store, JAMMZA Official Store, JAX`S SHOP Store, jemy Store, Jiangxi Zhilin Imp&Exp Co., Ltd., Jinjiang SD Shoes And Garment Co., Ltd., Johnny Store, KIGALOON Boutique Store, Kollogg Store, Kunwei wallpaper Co., Ltd. Store, LINKCH IIIC Digital Store, LIONZONE Official Store, Little Monkey Stationery Store, Loveverything Store, LuxuryBrandcases Store, MaiYaNO1 Store, Majesee Lover Store and Maker Bless Toy Store added to case caption. (Kalbac, William) |
| Jan 13, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: CAIJIAN NINE Store, DLOVEC Store, Goobuy Store, Innovation fingertips Nai Store, iSticker Store, Magicshark Official Store, MMKPJ Store, Seven-color socks Store, Shop5058366 Store, Shop5882723 Store, Shop910316210 Store, Shop910321116 Store, Skiprint Store, Tifcojew Tools 23 Store, VapeThink Store, World City Sock Store, Yeyang Store, ZYLAN Factory Store, Shaoxing Mange Textile Co., Ltd., Shenzhen Heqiao Technology Co., Ltd., Wenzhou Datu Plastic Craft Co., Ltd., Yiwu Funail Art Co., Ltd., Yiwu Shizhixiu Cosmetics Co., Ltd., Fnnol INC, Kiristyle, minchuiqiangu, Sunny-New Store, TangShanNuanKaiShangMaoYouXianGongSi, U-home-US, WXNCFZD-US, yongdingxinxi, ZHUANSHOP, 001 good study Store, 7 Region Street Clothes Store, A+ Good Store, Aandy Store, Abner Store, Adiemus Store, AINYOOUSEM wallpaper Store, AnnWood Store, Baby & children's clothes Store, Beautiful sunshine Warm wind, Bebobsons Playful Store, Best goods for best you, Carmotors Store, C-Block Store, CHAOZHU Official Store, Cheap socks Store, Childland Poem Store and Coaster_hevey Store added to case caption. (Kalbac, William) |
| Dec 28, 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 preliminary injunction [31] under advisement and will consider the motion unopposed if no defendant appears and objects by 1/7/2022. (rao, ) |
| Dec 23, 2021 | 34 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by Those Characters from Cleveland, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 12/22/2021, answer due 1/12/2022. (Hierl, Michael) |
| Dec 22, 2021 | 33 | declaration (2) Docket Text: DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[31] (Hierl, Michael) |
| Dec 22, 2021 | 32 | memorandum in support of motion (6) Docket Text: MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for preliminary injunction[31] (Hierl, Michael) |
| Dec 22, 2021 | 31 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff Those Characters from Cleveland, LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| Dec 22, 2021 | 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. (lxk, ) |
| Dec 16, 2021 | 30 | bond (1) Docket Text: SURETY BOND in the amount of $ 10,000 posted by Those Characters from Cleveland, LLC (daj, ) |
| Dec 13, 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 TRO [28] is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO [27] entered on 12/2/2021 is extended until 12/30/2021. (rao, ) |
| Dec 10, 2021 | 28 | extension of time (3) Docket Text: MOTION by Plaintiff Those Characters from Cleveland, LLC for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Dec 2, 2021 | 27 | SEALED Order (20) Docket Text: SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 12/2/2021:(rao, ) |
| Dec 2, 2021 | 26 | 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, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file under seal [6] and to file excess pages [8] are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, electronic service of process, and expedited discovery [9] is 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, but at this preliminary stage, 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 timely 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. (rao, ) |
| Nov 29, 2021 | 24 | sealed document (30) Docket Text: SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 14 of Gorman Declaration (Hierl, Michael) |
| Nov 29, 2021 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (cm, ) |
| Nov 29, 2021 | 23 | sealed document (30) Docket Text: SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 13 of Gorman Declaration (Hierl, Michael) |
| Nov 29, 2021 | 22 | sealed document (30) Docket Text: SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 12 of Gorman Declaration (Hierl, Michael) |
| Nov 29, 2021 | 21 | sealed document (30) Docket Text: SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 11 of Gorman Declaration (Hierl, Michael) |
| Nov 29, 2021 | 20 | sealed document (30) Docket Text: SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 10 of Gorman Declaration (Hierl, Michael) |
| Nov 29, 2021 | 19 | sealed document (30) Docket Text: SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 9 of Gorman Declaration (Hierl, Michael) |
| Nov 29, 2021 | 18 | sealed document (30) Docket Text: SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 8 of Gorman Declaration (Hierl, Michael) |
| Nov 29, 2021 | 17 | sealed document (30) Docket Text: SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 7 of Gorman Declaration (Hierl, Michael) |
| Nov 29, 2021 | 16 | sealed document (30) Docket Text: SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 6 of Gorman Declaration (Hierl, Michael) |
| Nov 29, 2021 | 15 | sealed document (30) Docket Text: SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 5 of Gorman Declaration (Hierl, Michael) |
| Nov 29, 2021 | 14 | sealed document (30) Docket Text: SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 4 of Gorman Declaration (Hierl, Michael) |
| Nov 29, 2021 | 13 | sealed document (30) Docket Text: SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 3 of Gorman Declaration (Hierl, Michael) |
| Nov 29, 2021 | 12 | sealed document (30) Docket Text: SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 2 of Gorman Declaration (Hierl, Michael) |
| Nov 29, 2021 | 11 | sealed document (30) Docket Text: SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 1 of Gorman Declaration (Hierl, Michael) |
| Nov 29, 2021 | 10 | Exhibit Hierl Exhibit 3 (33) |
| Nov 29, 2021 | 10 | Exhibit Hierl Exhibit 2 (20) |
| Nov 29, 2021 | 10 | Exhibit Hierl Exhibit 1 (11) |
| Nov 29, 2021 | 10 | Declaration Hierl Declaration (3) |
| Nov 29, 2021 | 10 | Exhibit 2 Part 2 (68) |
| Nov 29, 2021 | 10 | Exhibit 2 Part 1 (62) |
| Nov 29, 2021 | 10 | Exhibit 1 (10) |
| Nov 29, 2021 | 10 | Declaration Gorman Declaration (10) |
| Nov 29, 2021 | 10 | Main Document (40) Docket Text: MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for temporary restraining order, [9] (Attachments: # (1) Declaration Gorman Declaration, # (2) Exhibit 1, # (3) Exhibit 2 Part 1, # (4) Exhibit 2 Part 2, # (5) Declaration Hierl Declaration, # (6) Exhibit Hierl Exhibit 1, # (7) Exhibit Hierl Exhibit 2, # (8) Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Nov 29, 2021 | 9 | motion for temporary restraining order (3) Docket Text: MOTION by Plaintiff Those Characters from Cleveland, LLC 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) |
| Nov 29, 2021 | 8 | motion for leave to file excess pages (3) Docket Text: MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Nov 29, 2021 | 7 | sealed document (10) Docket Text: SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Sealed Schedule A (Hierl, Michael) |
| Nov 29, 2021 | 6 | motion to seal document (3) Docket Text: MOTION by Plaintiff Those Characters from Cleveland, LLC to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Nov 29, 2021 | 5 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Robert Payton Mcmurray (Mcmurray, Robert) |
| Nov 29, 2021 | 4 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by William Benjamin Kalbac (Kalbac, William) |
| Nov 29, 2021 | 3 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Michael A. Hierl (Hierl, Michael) |
| Nov 29, 2021 | 2 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Hierl, Michael) |
| Nov 29, 2021 | 1 | Exhibit 2 Part 2 (68) |
| Nov 29, 2021 | 1 | Exhibit 2 Part 1 (62) |
| Nov 29, 2021 | 1 | Exhibit 1 (10) |
| Nov 29, 2021 | 1 | Main Document (19) Docket Text: COMPLAINT filed by Those Characters from Cleveland, LLC; Jury Demand. Filing fee $ 402, receipt number 0752-18911605. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2 Part 1, # (3) Exhibit 2 Part 2)(Hierl, Michael) |
| Nov 29, 2021 | N/A | clerk's notice (0) Docket Text: CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (cm, ) |
| Nov 29, 2021 | 25 | other (4) Docket Text: Notice of Claims Involving Trademarks by Those Characters from Cleveland, LLC (Hierl, Michael) |
