Case number 1:22-cv-01273
Wahl Clipper Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Nov 16, 2022 | 40 | RETURN of U.S. Post Office receipt, article No. 7019 2280 0000 0962 5537. (jh, ) (Entered: 11/16/2022) (2) |
| Oct 31, 2022 | 39 | FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 10/31/2022. Mailed notice(ef, ) (Entered: 10/31/2022) (11) |
| Oct 31, 2022 | 38 | ORDER signed by the Honorable John F. Kness on 10/31/2022. The ten-thousand-dollar ($10,000) surety bond posted by Wahl Clipper Corporation is hereby released to Wahl Clipper Corporation or its counsel, Hughes Socol PIers Resnick & Dym Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd., Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602 via certified mail. Enter final judgment order. Civil case terminated. Mailed notice(ef, ) (Entered: 10/31/2022) (2) |
| Sep 2, 2022 | 37 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Wahl Clipper Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 94 (Hierl, Michael) |
| Aug 26, 2022 | 36 | certificate of service (2) Docket Text: CERTIFICATE of Service by Michael A. Hierl on behalf of Wahl Clipper Corporation (Hierl, Michael) |
| Aug 25, 2022 | 35 | text entry (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [32] for entry of default and default judgment against all Defendants. All remaining Defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 9/6/2022. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within two business days of its entry on the docket and must file proof of service within three business of service being effected. Mailed notice (jk) |
| Aug 25, 2022 | 34 | Exhibit Hierl Exhibit 1 (84) |
| Aug 25, 2022 | 34 | Main Document (3) Docket Text: DECLARATION of Michael A. Hierl regarding motion for default judgment[32] (Attachments: # (1) Exhibit Hierl Exhibit 1)(Hierl, Michael) |
| Aug 25, 2022 | 33 | Exhibit 2 (28) |
| Aug 25, 2022 | 33 | Exhibit 1 (117) |
| Aug 25, 2022 | 33 | Main Document (16) Docket Text: MEMORANDUM by Wahl Clipper Corporation in support of motion for default judgment[32] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Hierl, Michael) |
| Aug 25, 2022 | 32 | motion for default judgment (2) Docket Text: MOTION by Plaintiff Wahl Clipper Corporation 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) |
| Aug 25, 2022 | 31 | declaration (3) Docket Text: DECLARATION of Robert P. McMurray Declaration of Service (Hierl, Michael) |
| Jul 26, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: niebromick543, norvtcaly, ogwyncrnxid, onedayd, Ovejitas, paoxeclutki, pecfquwqyna, pengqyqyntnt, pianakkiee, prefkjtseykjtsey, proisbbxlt, qkosomwer, qqokxrhn, qucvgyinqucvgyi, rebeosrebeosyaya, rehccmlecmle, Resposteriauqe, richiujdra, rlzmbjyu, rtgrdsf, runfjphery, saeqthoil, saqzfhcuogeuoge, savasnvbnelbnel, scapmfbi, schilkluvldu, scyjuhqst, shaffstavl, shanzhashu, shaofeddkxuy, Shing Balls, Shopwirld, sisuo, siyemceqn, slafgzahipp, snuyqasnuyqaweljelweljel, sodeuzwxs, spingycppbmnsalsfj, stensaatd, sweaitmtitmtitmt, synbolhqim, tallszptbksyksy, tarwadyradyr, torrebrwudfi, tuixgatsogbixga, tusrylbgucwn, tvvhrbqss, UOOPOO, vacuitebdiscbdis, Variously Curious Moi, vartwyuxnuxn, vayaqxiyqxiy, veiznyco, VIASA, vjdrnsnk, watexzxedoe, watiqzvld, weshpwats, Whether-not, Wiopo, womimcapqmimca, XCCLS20180318, xinchuner, xingxingmao, xjbntrse, xuelijprt, yushangdd, zektrwynynynyn, zhneghongse and zkgwfess added to case caption. (Kalbac, William) |
| Jul 25, 2022 | 30 | preliminary injunction (13) Docket Text: PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 7/25/2022. Mailed notice(ef, ) |
| Jul 25, 2022 | 29 | order on motion for preliminary injunction (2) Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [23] is granted. Plaintiff's filings establish that Plaintiff has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [28] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but, despite the Court having provided [27] the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice (ef, ) |
| Jul 25, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: fallegicyin, fengjiejiej, fengyelin, fenjuei, ferqbxaon, feyqqadgr, FFAB, firlitncsuby, flzotxaso, frahmmxhxve, fralvdxpdrk, fu32, fusotiade, ggpayxlrt, grjvmtaly, GuangZhou ChungKong Network Technology Co., Ltd., gwlukolo, gygphxckma, hangurdxda, hanhalxaorlxao, heujdf, hnatracjbqalqal, hoabjpjdindin, hoffuosnfxns, hommebfalilalil, horumwodrkedrke, hutscfwis, imbpukkcekce, inelotzsc, Inversiones cinco R, iolopmiolopmkltklt, jayeppddpvepve, jiangguotao, Jiniey handbags, kesskzyhema, kinghayqwssnrnr, kjhga, kjzhgao, koyihayki, kratmh, kusgluziho, lacasnmdlda, lahjxhqdvns, laiilaiierlrerlr, lajisdpslajisdps, lanipygwtpygw, liangbaikai, liuj1207, liuxingyu1506, lujainqxlbjg, maerzddhrxzaxza, marzugjo, masvzzpcwdishfsb, mathemkwac, mayxuloremayx, mcclcnnxvora, mcguhswjry, mctcrxsnsnsn, mcxwfvdko, menthocollus, mesnlslhsis, mfbd, mikhgwmdn, mingjingll, musettnbafca, naidacerapky, nashergovble, neethmmicrda, nepaqbgake and newarjvoapjvo added to case caption. (Kalbac, William) |
| Jul 25, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: accorimclpy, afag, afahj, beenecuztxdi, beisbol, bhginich, bowenabiivjd, bueldbbovt, dca, dyhcnkbod, east-market, federvoikzci, fseepuae, ganvqbdbff, gillraysklsn, idealforce, jiejie1shop, kauypuwys, keyfan, lintsdabsol, lluvqxin, ltdgglum, lucynnxaxne, lvjcpctid, madalafvlak, mailland foriest, mantgspqbl, mccmyizvy, Mingdongstore, pgaaxnne, pprhjres, razsxcqon, refrseth, rehrthoje, rkqetvast, salinqemidr, sfwlclcz, shielmnowfae, spxfhrvkr, strenwpkzsy, sydyotxwc, thrrdijbe, tipkahrlxsna, tizwtcfecna, tqkpjiar, trucyvbnga, Tubage, tvrakuan, udleycnqjon, valdduncis, zavatdsemi, zbxghs, adknhuzxn, adrsfgls, Agadma14, ajfbhafjk, Alan 5, alnooxscosta, Alterna22, amezdbmbexa, anjabndyjeend, asqqeptsasqqepts, ballinocfdul, bamzonodzon, baupyonftnonftn, bayardoyqxssqxss, beelerfmpboe, berjashc, beuvtmbeuvtmzlzl, bibloyzuqfe, bjrvywynwyn, BoConcept Miami, botygpvypvy, bouwmfylnvwfyln, bowaeszeesze, bowdktqdwon, bronkqdlwxy, cadscamyzzon, cadxstywlrxstywl, caneyruwmma, casjaicasjaiaczosaczos, cdf, chashanhua, chokvchokvjinjin, Coerpaino Cezen, cohlmzzwouckzzwou, colvomoki, cpyvzszo, crumrqgimsc, cxza, darrikqiilerikqiil, dczs, devaegobvevaego, doremekorea, dysartyia, emiuxbjeioeio, epcbphonsgkas, esbyulvwd, estlebdkpkxi and eyanbwmwaboabo added to case caption. (Kalbac, William) |
| Jul 5, 2022 | 28 | certificate of service (2) Docket Text: CERTIFICATE of Service Proof of Service by William Benjamin Kalbac on behalf of Wahl Clipper Corporation (Kalbac, William) |
| Jul 5, 2022 | 27 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [23] for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 7/11/2022." Plaintiff must proof of service of the Court's statement within two business days of service. Plaintiff's motion [22] to extend the TRO is dismissed as moot in view of the pending motion for a preliminary injunction. Mailed notice (ef, ) |
| Jun 28, 2022 | 26 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by Wahl Clipper Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 6/28/2022, answer due 7/19/2022. (Hierl, Michael) |
| Jun 28, 2022 | 25 | declaration (2) Docket Text: DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[23] (Hierl, Michael) |
| Jun 28, 2022 | 24 | memorandum in support of motion (6) Docket Text: MEMORANDUM by Wahl Clipper Corporation in support of motion for preliminary injunction[23] (Hierl, Michael) |
| Jun 28, 2022 | 23 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff Wahl Clipper Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| Jun 3, 2022 | 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 (khg, ) |
| May 19, 2022 | 22 | extension of time (3) Docket Text: MOTION by Plaintiff Wahl Clipper Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| May 13, 2022 | 21 | bond (1) Docket Text: SURETY BOND in the amount of $10,000.00 posted by Wahl Clipper Corporation (jmk, ) (Document Not Scanned). Modified on 5/13/2022 (jmk, ). |
| May 10, 2022 | 19 | order on motion to seal document (2) Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [6], motion for leave to file extra pages [9], and ex parte motion for a temporary restraining order and for other relief [10] are granted in part. Plaintiff's submissions (including docket entries 11-15) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries [7] and [12-15]. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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 this Court and others have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will 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. A transfer of domain names is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice (ef, ) |
| May 10, 2022 | 20 | SEALED Order (21) Docket Text: SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 5/10/2022. (exr, ) |
| Mar 11, 2022 | 18 | lanham notification (10) Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials (nsf, ) |
| Mar 11, 2022 | 17 | Patent/Trademark report (12) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA. (nsf, ) |
| Mar 10, 2022 | 16 | other (4) Docket Text: Notice of Claims Involving Trademarks by Wahl Clipper Corporation (Hierl, Michael) |
| Mar 10, 2022 | 15 | sealed document (30) Docket Text: Exhibit 2 Part 4 of Baima Declaration by Plaintiff Wahl Clipper Corporation. (Hierl, Michael) Modified on 7/25/2022 (jh, ). |
| Mar 10, 2022 | 14 | sealed document (30) Docket Text: EXHIBIT 2 Part 3 of Baima Declaration by Plaintiff Wahl Clipper Corporation. (Hierl, Michael) Modified on 7/25/2022 (jh, ). |
| Mar 10, 2022 | 13 | sealed document (30) Docket Text: EXHIBIT 2 Part 2 of Baima Declaration by Plaintiff Wahl Clipper Corporation. (Hierl, Michael) Modified on 7/25/2022 (jh, ). |
| Mar 10, 2022 | 12 | sealed document (30) Docket Text: EXHIBIT 2 Part 1 of Baima Declaration by Plaintiff Wahl Clipper Corporation. (Hierl, Michael) Modified on 7/25/2022 (jh, ). |
| Mar 10, 2022 | 11 | Exhibit Hierl Exhibit 3 (33) |
| Mar 10, 2022 | 11 | Exhibit Hierl Exhibit 2 (20) |
| Mar 10, 2022 | 11 | Exhibit Hierl Exhibit 1 (11) |
| Mar 10, 2022 | 11 | Declaration Hierl Declaration (3) |
| Mar 10, 2022 | 11 | Exhibit 1 (11) |
| Mar 10, 2022 | 11 | Declaration Baima Declaration (10) |
| Mar 10, 2022 | 11 | Main Document (38) Docket Text: MEMORANDUM by Wahl Clipper Corporation in support of motion for temporary restraining order, [10] (Attachments: # (1) Declaration Baima 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) |
| Mar 10, 2022 | 10 | motion for temporary restraining order (3) Docket Text: MOTION by Plaintiff Wahl Clipper Corporation 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) |
| Mar 10, 2022 | 9 | motion for leave to file excess pages (3) Docket Text: MOTION by Plaintiff Wahl Clipper Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Mar 10, 2022 | 8 | notification of affiliates pursuant to local rule 3.2 (2) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Wahl Clipper Corporation (Hierl, Michael) |
| Mar 10, 2022 | 7 | sealed document (12) Docket Text: SCHEDULE A by Plaintiff Wahl Clipper Corporation. (Hierl, Michael) Modified on 7/25/2022 (jh, ). |
| Mar 10, 2022 | 6 | motion to seal document (3) Docket Text: MOTION by Plaintiff Wahl Clipper Corporation to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Mar 10, 2022 | 5 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Wahl Clipper Corporation by Robert Payton Mcmurray (Mcmurray, Robert) |
| Mar 10, 2022 | 4 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Wahl Clipper Corporation by William Benjamin Kalbac (Kalbac, William) |
| Mar 10, 2022 | 3 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Wahl Clipper Corporation by Michael A. Hierl (Hierl, Michael) |
| Mar 10, 2022 | 2 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Hierl, Michael) |
| Mar 10, 2022 | 1 | Exhibit 1 (11) |
| Mar 10, 2022 | 1 | Main Document (16) Docket Text: COMPLAINT filed by Wahl Clipper Corporation; Jury Demand. Filing fee $ 402, receipt number 0752-19233367. (Attachments: # (1) Exhibit 1)(Hierl, Michael) |
| Mar 10, 2022 | 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. (ey, ) |
| Mar 10, 2022 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (ey, ) |
