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2022-cv-04382

Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

法院:伊利诺伊州北法院
发案日期:2022-08-18
原告:Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy
代理律所:HSP
诉讼类型:商标
# Date Description
[+] 1 2022-08-18 COMPLAINT filed by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy; Jury Demand. Filing fee $ 402, receipt number AILNDC-19754230.
2 2022-08-18 CIVIL Cover Sheet
3 2022-08-18 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy by Michael A. Hierl
4 2022-08-18 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy by William Benjamin Kalbac
5 2022-08-18 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy by Robert Payton Mcmurray
6 2022-08-18 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy to seal document Plaintiff's Motion for Leave to File Under Seal
7 2022-08-18 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Sealed Schedule A
[+] 8 2022-08-18 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy
9 2022-08-18 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10 2022-08-18 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy 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
[+] 11 2022-08-18 MEMORANDUM by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy in support of motion for temporary restraining order, 10
12 2022-08-18 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 1 of Kloetzy Declaration
13 2022-08-18 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 2 of Kloetzy
14 2022-08-18 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 3 of Kloetzy Declaration
15 2022-08-18 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 4 of Kloetzy Declaration
16 2022-08-18 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 5 of Kloetzy Declaration
17 2022-08-18 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 6 of Kloetzy Declaration
18 2022-08-18 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 7 of Kloetzy Declaration
19 2022-08-18 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 8 of Kloetzy Declaration
20 2022-08-18 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 9 of Kloetzy Declaration
21 2022-08-18 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 10 of Kloetzy Declaration
22 2022-08-18 Notice of Claims Involving Trademarks by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy
23 2022-08-18 NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 10 before Honorable John Robert Blakey on 8/25/2022 at 11:00 AM.
24 2022-08-24 MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal 6 and motion for leave to file excess pages 9. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order 10. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 9/7/22. The 8/25/22 Notice of Motion date is stricken. Mailed notice
25 2022-08-24 SEALED ORDER Signed by the Honorable John Robert Blakey on 8/24/2022. Mailed notice
26 2022-08-31 SURETY BOND in the amount of $ 10,000 posted by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy. (Document not Scanned)
27 2022-09-01 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order
28 2022-09-09 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 27 to extend the temporary restraining order entered 8/24/22 25. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 9/21/22. Plaintiff shall notice all future motions for presentment. Mailed notice
29 2022-09-16 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
30 2022-09-16 MEMORANDUM by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy in support of motion for preliminary injunction 29
[+] 31 2022-09-16 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 29
32 2022-09-16 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 29 before Honorable John Robert Blakey on 9/22/2022 at 11:00 AM.
33 2022-09-19 SUMMONS Returned Executed by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 9/16/2022, answer due 10/7/2022.
34 2022-09-21 MINUTE entry before the Honorable John Robert Blakey: The 9/22/22 motion hearing shall proceed via telephone. Counsel and interested parties shall call into 877-402-9753 and utilize participant code 9955840. Members of the public and media may also call in to listen to this hearing using the same credentials. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
35 2022-09-21 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiffs' Notice of Voluntary Dismissal as to Defendants No. 172, 174
36 2022-09-22 MINUTE entry before the Honorable John Robert Blakey: Telephonic motion hearing held. No defendants appeared, and no defendant has filed an appearance in this matter or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction 29. Accordingly, and based upon the same findings made in this Court's TRO 25, this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction 29. Enter Preliminary Injunction Order. The Court directs the Clerk 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. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf Mailed notice
[+] 37 2022-09-22 PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 9/22/2022. Mailed notice
38 2022-10-04 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 94, 114
39 2022-10-13 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 195
40 2022-10-26 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 52
41 2022-10-27 MINUTE entry before the Honorable John Robert Blakey: Based upon the filings of the notices of voluntary dismissal 38, 39 and 40, Defendants lisanmeishop, pingfanshipinxiaowu, K&K Dropshipping Store and DkAutomobile are dismissed with prejudice. Mailed notice
42 2022-11-15 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 180
43 2022-12-07 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 170, 177
44 2022-12-08 MINUTE entry before the Honorable John Robert Blakey: Based upon the filings of the notices of voluntary dismissal 42 and 43, Defendants tiantianbaihuodian688, KIOLOEAW and SummerWinds are dismissed with prejudice. Mailed notice
45 2022-12-23 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 173
46 2022-12-29 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 45, this case is dismissed with prejudice as to Defendant MountvalleyClimber. Mailed notice
47 2022-12-29 ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice.
48 2023-01-11 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 199
49 2023-01-13 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 48, this case is dismissed with prejudice as to Defendant men women jewellery Store. Mailed notice
50 2023-01-18 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 125
51 2023-01-19 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 50, this case is dismissed with prejudice as to Defendant songdianpu. Mailed notice
52 2023-01-20 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendant No.193
53 2023-01-23 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 52, this case is dismissed with prejudice as to Defendant Juno Store. Mailed notice
54 2023-02-09 DECLARATION of Robert P. McMurray Declaration of Service
55 2023-02-09 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
[+] 56 2023-02-09 MEMORANDUM by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy in support of motion for default judgment 55
[+] 57 2023-02-09 DECLARATION of Michael A. Hierl regarding motion for default judgment 55
58 2023-02-09 NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 55 before Honorable John Robert Blakey on 2/22/2023 at 11:00 AM.
59 2023-02-17 MINUTE entry before the Honorable John Robert Blakey: The Court strikes the 2/22/23 Notice of Motion date and resets the hearing on Plaintiff's motion for default and default judgment 55 for 3/1/23 at 11:00 a.m. in Courtroom 1203. Mailed notice
60 2023-02-27 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0010: Pursuant that to the Executive Committee Order entered on February 23, 2023, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Lindsay C. Jenkins; therefore IT IS HEREBY ORDERED that the attached list of 281 cases be reassigned to the Honorable Lindsay C. Jenkins; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Lindsay C. Jenkins' webpage on the Court's 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 Lindsay C. Jenkins to the Court's 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 Lindsay C. Jenkins to the Court's criminal case assignment system ninety (90) days so that Judge Jenkins shall thereafter receive a full share of such cases. Case reassigned to the Honorable Lindsay C. Jenkins for all further proceedings. Honorable John Robert Blakey no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 2/27/2023.
61 2023-02-28 MINUTE entry before the Honorable John Robert Blakey: Based upon the reassignment of this case to Judge Jenkins, any pending deadlines before Judge Blakey are stricken. Mailed notice
62 2023-03-15 MINUTE entry before the Honorable Lindsay C. Jenkins: Pending before the Court is Plaintiff's motion for entry of default and default judgment against those Defendants identified in Amended Schedule A 55. 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 3/22/2023. 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 one business day of its entry on the docket and must promptly file proof of that service. Mailed notice.
63 2023-03-15 CERTIFICATE of Service by Michael A. Hierl on behalf of Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy
64 2023-03-21 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 179, 181
65 2023-03-28 MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion is granted 55. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants (Plaintiff has failed to seek an accounting of profits), the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $100,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Any other pending motions are dismissed as moot. Civil case closed. Mailed notice.
66 2023-03-28 ENTERED FINAL JUDGMENT ORDER Signed by the Honorable Lindsay C. Jenkins on 3/28/2023. Mailed notice.
67 2023-03-29 MAILED trademark report with certified copy of 66 to Patent Trademark Office, Alexandria VA