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2022-cv-00456

Rarog J.D.O.O. v. The Partnerships and Unincorporated Associations Identified On Schedule "A"

法院:伊利诺伊州北法院
发案日期:2022-01-26
原告:Rarog j.d.o.o.
代理律所:Keith
诉讼类型:商标
# Date Description
[+] 1 2022-01-26 COMPLAINT filed by Rarog j.d.o.o.; Filing fee $ 402, receipt number 0752-19093183.
2 2022-01-26 SEALED DOCUMENT by Plaintiff Rarog j.d.o.o. Schedule A to Complaint (1)
3 2022-01-26 CIVIL Cover Sheet
4 2022-01-26 ATTORNEY Appearance for Plaintiff Rarog j.d.o.o. by Keith A. Vogt
5 2022-01-26 ATTORNEY Appearance for Plaintiff Rarog j.d.o.o. by Yi Bu
6 2022-01-26 ATTORNEY Appearance for Plaintiff Rarog j.d.o.o. by Yanling Jiang
[+] 7 2022-01-26 ATTORNEY Appearance for Plaintiff Rarog j.d.o.o. by Adam Grodman
8 2022-01-27 SEALED DOCUMENT by Plaintiff Rarog j.d.o.o. Amended Schedule A to Complaint (1)
9 2022-01-27 SEALED MOTION by Plaintiff Rarog j.d.o.o. for Leave to File Under Seal
10 2022-01-27 MOTION by Plaintiff Rarog j.d.o.o. for leave to file under seal
11 2022-01-27 MOTION by Plaintiff Rarog j.d.o.o. for leave to file excess pages
[+] 13 2022-01-27 MEMORANDUM in Support of [12] Exparte Motion
14 2022-01-27 SEALED EXHIBIT by Plaintiff Rarog j.d.o.o. Sealed Exhibit 2, Declaration of Sanda Krstulovi regarding memorandum in support of motion, [13]
15 2022-01-28 MAILED copyright report to Registrar, Washington DC.
16 2022-01-28 MINUTE entry before the Honorable Edmond E. Chang: In this copyright-infringement case, the Plaintiff's motions 9 10 11 to seal and file extra pages are granted (the sealing is justified, for now, given the asset-restraint goal). But the motion 12 for TRO and other relief is entered and continued. The Plaintiff shall file a supplement, by 02/07/2022, that specifically matches the allegedly infringing images in R. 14 to the specific copyright in R. 13-4. The supplemental filing may be filed under seal, for now. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 02/18/2022 at 8:30 a.m. Mailed notice
17 2022-02-01 SEALED DOCUMENT by Plaintiff Rarog j.d.o.o. Supplement of infringing images in R. 14 to the specific copyright in R. 13-4
18 2022-02-04 MINUTE entry before the Honorable Edmond E. Chang: In this copyright-infringement case, the Plaintiff's motion 12 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 17 U.S.C. § 504(b), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only prove "the infringer's gross revenue"; the defendant must prove expenses. 15 U.S.C. §504(b). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The Court notes that the supplemental filing, R. 17, specifies the allegedly infringed copyright. By 02/10/2022, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). To track the case only (no appearance is required, the case will not be called), a status hearing is set for 02/18/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 02/11/2022. Emailed notice
[+] 19 2022-02-04 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 02/04/2022. Emailed Counsel for the Plaintiff notice
20 2022-02-04 REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 02/04/2022. Emailed notice
21 2022-02-10 MOTION by Plaintiff Rarog j.d.o.o. for preliminary injunction
[+] 23 2022-02-11 SUMMONS Returned Executed by Rarog j.d.o.o. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 2/10/2022, answer due 3/3/2022.
24 2022-02-11 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified the entry of the TRO, the motion for preliminary injunction 21 is granted. The answer deadline appears to be 03/03/2022. R. 23. The tracking status hearing of 02/18/2022 is reset to 03/18/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 03/08/2022. If no answer has been filed, then the Defendants are deemed to be in default, and the Plaintiff shall file a default judgment motion by 03/08/2022 instead of the status report. Emailed notice
25 2022-02-11 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 02/11/2022. Emailed notice
26 2022-02-16 SURETY BOND in the amount of $ 10,000.00 posted by Rarog j.d.o.o. (Document not scanned).
27 2022-03-04 MOTION by Plaintiff Rarog j.d.o.o. for default judgment as to The Defendants Identified In The First Amended Schedule A
[+] 28 2022-03-04 MEMORANDUM by Rarog j.d.o.o. in support of motion for default judgment 27
[+] 29 2022-03-04 MEMORANDUM by Rarog j.d.o.o. in support of motion for default judgment 27 [CORRECTED] MEMORANDUM by Rarog j.d.o.o. in support of motion for default judgment 27
30 2022-03-08 MINUTE entry before the Honorable Edmond E. Chang: The motion for default judgment and permanent injunction 27 is granted in part. As explained in the judgment order, statutory damages are awarded in the amount of $15,000 as to each Defendant (rather than the $50,000 award requested by the Plaintiff). A separate AO-450 judgment shall be entered, including a permanent injunction in light of the willfulness established by the default. The tracking status hearing of 03/18/2022 is vacated, as are all other litigation deadlines. Civil case terminated. Emailed notice
31 2022-03-08 FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 03/08/2022. Emailed notice
32 2022-03-08 ENTERED JUDGMENT Signed by the courtroom deputy on 03/08/2022. Emailed notice