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1
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2022-11-02 |
COMPLAINT filed by Universal Music GmbH d/b/a Bravado ; Filing fee $ 402, receipt number AILNDC-20006335. |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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Exhibit 4 |
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2
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2022-11-02 |
SEALED DOCUMENT by Plaintiff Universal Music GmbH d/b/a Bravado Schedule A to Complaint (1) |
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3
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2022-11-02 |
CIVIL Cover Sheet |
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4
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2022-11-02 |
ATTORNEY Appearance for Plaintiff Universal Music GmbH d/b/a Bravado by Keith A. Vogt |
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5
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2022-11-02 |
ATTORNEY Appearance for Plaintiff Universal Music GmbH d/b/a Bravado by Yanling Jiang |
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6
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2022-11-02 |
ATTORNEY Appearance for Plaintiff Universal Music GmbH d/b/a Bravado by Yi Bu |
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7
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2022-11-02 |
ATTORNEY Appearance for Plaintiff Universal Music GmbH d/b/a Bravado by Adam Grodman |
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CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. |
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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. |
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8
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2022-11-03 |
MOTION by Plaintiff Universal Music GmbH d/b/a Bravado for leave to file under seal |
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9
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2022-11-03 |
MOTION by Plaintiff Universal Music GmbH d/b/a Bravado for leave to file excess pages |
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11
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2022-11-03 |
MEMORANDUM in support of [10] Exparte motion |
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Declaration of Keith A. Vogt |
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Exhibit 1-4, of Keith A. Vogt's declaration |
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Declaration of Alexa Struck |
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Exhibit 1, of Alexa Struck's declaration |
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12
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2022-11-03 |
SEALED EXHIBIT by Plaintiff Universal Music GmbH d/b/a Bravado Sealed Exhibit 2, Declaration of Alexa Struck regarding memorandum in support of motion, [11] |
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13
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2022-11-03 |
MAILED trademark report to Patent Trademark Office, Alexandria VA |
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14
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2022-11-03 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
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15
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2022-11-04 |
MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions (8, 9, 10), the supporting memorandum 11 and the temporary restraining order, plaintiff's motions for leave to file under seal 8, for leave to file excess pages 9, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 10 are 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 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. |
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16
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2022-11-04 |
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/4/2022: |
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
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17
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2022-11-08 |
SURETY BOND in the amount of $ 10,000 posted by Universal Music GmbH d/b/a Bravado. (Document not imaged) |
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18
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2022-11-14 |
MOTION by Plaintiff Universal Music GmbH d/b/a Bravado for preliminary injunction |
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19
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2022-11-14 |
MEMORANDUM by Universal Music GmbH d/b/a Bravado in support of motion for preliminary injunction[18] |
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Declaration of Keith A. Vogt |
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Exhibit 1, Declaration of Keith Vogt |
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20
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2022-11-14 |
SUMMONS Returned Executed by Universal Music GmbH d/b/a Bravado as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/14/2022, answer due 12/5/2022. |
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Declaration of Service |
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21
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2022-11-16 |
MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 18 under advisement and will consider the motion unopposed if no defendant appears and objects by 11/29/2022. Plaintiff shall serve defendants with this notice. |
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22
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2022-12-06 |
MOTION by Plaintiff Universal Music GmbH d/b/a Bravado for default judgment as to The Defendants Identified In Schedule A |
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23
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2022-12-06 |
MEMORANDUM by Universal Music GmbH d/b/a Bravado in support of motion for default judgment[22] |
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Exhibit 1 |
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Exhibit 2 |
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Declaration of Keith A. Vogt |
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24
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2022-12-08 |
MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction [18] 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. |
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25
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2022-12-08 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 12/8/2022: |
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26
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2022-12-08 |
MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default and default judgment [22] must enter an appearance and file a written objection by 12/19/2022. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
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27
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2022-12-08 |
ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 12/8/2022: Mailed notice |
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NEW PARTIES: 0381songyaquan, adilanaimaidi Store, Andrea Lyles, axfordd113, bahetihanzhumalang6650, Basset Hound, Benytec, BFrankl, BitunboriwUg, chensijia97888, fanghuanglong64561, fsdfhk, fushru32, g6g6g8g, gaorana, gaoshilong123455, Great jade industry, Harold Browne, huangdi4645764, huihuilor, Huilibian, J5J5K5, James Willcox, jinboyang14194 and jiqihao58954 added to case caption. |
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NEW PARTIES: KenAaronbPaU, KimberleyFaithesIuBuZ, kongfanli48618, lichuang39796, liguangyun21375, linlingw, linqikun13172, liruixue245, liumingdong58856, liushuo39497, liuzuopeng18013, liyao123321, loveaugust, lqwen, luailing Store, Makerbrook, MALING998, maofeng Store me, maxin1014, menggengegeqi, noastotplrev, pangzhaoou1, wanglina55008, wangmeiying452, wangning0815, wangqingzhou07800, wangqiuhuaiqi, wangshandidedian, wangshuang794684, wangshuangg, wangshuling1, wangshuqi6928, wangshuqin2580, wangsijie44399, wangxi7324, wangxianghui39773, wangyafan00852, wangyan4278, wangying369, wangyiyan1314, Wangyue0456, wangyumei999666, wangzhe6316, wangzhi176, wangzhongrui, wangziqiang55299, wangzixu1630, wanxiaomina12, wanyuanhang14420, weihongbin7890, weimeiyue6688, Weiyueli85672, weiyuexiao1314, wenjunjie33, wenmei666, wenxinxin8898, wfh39, wfh42, wfh43, William Boyden34, wonderboy, Worksifjeornskfnskdjsjh70, wufush, wuguangying and wuhaiyao15112 added to case caption. |
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NEW PARTIES: wuhuilingg, wujunyi5566, wukai69459, wukexin464565, wulihua12353, wuming90212, wuxingchi15114, wuzhenguo5193, wuzhongye, X2X2X6, Xhfgjghgjvhfgdyfhfjghfgffg, XiadaoshitangvCb, xiaguoqiang01020, xiangjushan4, Xiangrufeimin, xiaomin584, XiejiugengduyT, xihuguojinmilan, xingtianzi123, xingwei shopping, xinqi1314520, xinwenqiang36093, XinXinssupplies, xionghanyang1562, xuanhuabuzhi, xudaxiaoxuecun, xuedandan2049, xueqiaoe;;, xufang55328, xujun92547, xuke1234, xuweili56231, xuzihan35963489, Xxaewebste, yanchunyu008, Yang1992, yangbing151762, yangchangyu1234, yangchengrang3333, yangjianbin123, yangminghui01558, yangmingyi5126, yangqingsong93041, yangshukai0525, yangshupei36285, Yangxingchang2017, yangyan6701, yangyingchun24018, yangyubin7890, yanruohan668, yaopeng975454, yaoyanfang8888, yaozhenliang895, yefei fashion, Yitaowei122696, Yong Lei Technology, Yongchang business, YongzhanglunfZ, yuanhdesub and yuanxiaoxue666 added to case caption. |
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NEW PARTIES: yuitmarket, yuqilibgusn, yushuang1212, yusuo3843, yuwanting30727, yuyanqiong6033, Z NPMU, Z Yuqie, Z6Z6Z68, zanghongdi, zbcakdghcjkjckah, ZgouStore, zhang li66058, zhangfengqi123456, zhanggaoyin123, zhanghui fashion, zhangjiabao816707, zhangjialiang76775, zhangjingying0667, zhangmenghan32680, zhangming520, zhangnengyuan10950, zhangni880152, zhangning2, zhangqiuping62383, zhangqiyue977, zhangruilan568, zhangwenyong24106, zhangxiaoli11194, zhangxiaona123, zhangxkl, zhangyang8828, ZHANGYING54134, zhangyufeng0606, zhangzhanyun123, zhangzhenyu0808, zhaochangfei, zhaochunsheng4645795, zhaodanyang08529, zhaojinjin, zhaoxue1224, Zhaoyi28463, zhaoyu47474, zhengjiameim, zhengyu5684658, Zhezheknittingshop, zhonglunbo1457, zhouli12345, zhouxiyu40247 and zhuangzhoubaihuodian added to case caption. |
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NEW PARTIES: zhujiazheng2319, zhujunji, zhukelin, ZhuokongfuleiyMi, zhuxiaoting1988, zhziyoux, zimoshanghua, Zixixianzivip, ZongzhaochenggJ, Zoonsgeti, ZUHILACA, zuihoumoli, Ducanh.shoptmsx2, fubo, HanHangShop, hefeichupiewangluokejiyouxiangongsi, hefeiyantengwangluokejiyouxiangongsi, HONGOCNHU, Jack poster, KHOI KHOI SHOP, linqinxiaodian, Megapllex, MinhHieunpomta, NINH ANH SHOP, SX1997HHH, taiyuanshihonglingbeiliwangluokejiyouxiangongsi1, xianningshilongluoshangmaoyouxiangongsi, xianyouxianlichengluoailinhuazhuangjingyingbu, Yiv Store, ZHIPINGYAMA, ZHONGSHENGMAMA and Zone Tees added to case caption. |
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28
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2022-12-20 |
NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 232 ZoneTees and 218 HONGOCNHU |
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29
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2022-12-23 |
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 28, which seeks to voluntarily dismiss defendants Zone Tees and HONGOCNHU under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants Zone Tees and HONGOCNHU from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 12/29/2022 identifying the remaining defendants. HONGOCNHU and Zone Tees terminated. |
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30
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2022-12-23 |
First Amended Schedule A by Universal Music GmbH d/b/a Bravado |
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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. |
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2022-12-29 |
No defendant has responded to plaintiff's motion for entry of default and default judgment [22]. The motion is granted. 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 in the amount of $250,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Keith Vogt, Ltd. 33 West Jackson Boulevard, #2W Chicago, Illinois 60604, via certified mail. Enter Final Judgment Order. Terminate civil case Signed by the Honorable Martha M. Pacold on 12/29/2022: Mailed notice |
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33
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2022-12-29 |
DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 12/29/2022: Mailed notice |
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MAILED out the ten thousand dollars ($10,000) surety bond posted by Plaintiff to Keith Vogt Ltd. via Certified Mail Receipt Article Number: 7021 1970 0001 3330 0465. |
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34
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2023-01-18 |
RETURN of U.S. Post Office Receipt, article number 70211970000133300465. |
