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[+]
1
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2022-11-30 |
COMPLAINT filed by Malcolm McCormick Revocable Trust; Filing fee $ 402, receipt number AILNDC-20093302. |
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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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2022-11-30 |
SEALED EXHIBIT by Plaintiff Malcolm McCormick Revocable Trust Schedule A regarding complaint[1] |
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3
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2022-11-30 |
MOTION by Plaintiff Malcolm McCormick Revocable Trust for leave to file under seal |
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4
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2022-11-30 |
CIVIL Cover Sheet |
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5
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2022-11-30 |
Notice of Claims Involving Trademarks by Malcolm McCormick Revocable Trust |
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6
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2022-11-30 |
ATTORNEY Appearance for Plaintiff Malcolm McCormick Revocable Trust by Justin R. Gaudio |
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7
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2022-11-30 |
ATTORNEY Appearance for Plaintiff Malcolm McCormick Revocable Trust by Amy Crout Ziegler |
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[+]
8
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2022-11-30 |
ATTORNEY Appearance for Plaintiff Malcolm McCormick Revocable Trust by Justin Tyler Joseph |
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CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Susan E. Cox. 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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9
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2022-12-01 |
MAILED trademark report to Patent Trademark Office, Alexandria VA. |
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10
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2022-12-01 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
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11
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2022-12-02 |
MOTION by Plaintiff Malcolm McCormick Revocable Trust for temporary restraining order |
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12
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2022-12-02 |
MEMORANDUM by Malcolm McCormick Revocable Trust in support of motion for temporary restraining order 11 |
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[+]
13
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2022-12-02 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12 |
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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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[+]
14
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2022-12-02 |
DECLARATION of Emily Holt regarding memorandum in support of motion 12 |
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(Exhibit 1) |
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15
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2022-12-02 |
SEALED EXHIBIT by Plaintiff Malcolm McCormick Revocable Trust Exhibit 2 - Parts 1 - 4 regarding declaration 14 |
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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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16
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2022-12-02 |
MOTION by Plaintiff Malcolm McCormick Revocable Trustfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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17
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2022-12-02 |
MEMORANDUM by Malcolm McCormick Revocable Trust in support of motion for miscellaneous relief 16 |
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18
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2022-12-02 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17 |
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Exhibit 1 |
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(Exhibit 2) |
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19
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2022-12-02 |
REQUEST for Clerk of Court to refund filing fee in the amount of 402.00, receipt no. AILNDC-20091334, regarding complaint 1 |
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20
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2022-12-05 |
REFUND PROCESSED re REQUEST for Clerk of Court to refund filing fee in the amount of 402.00, receipt no. AILNDC-20091334, regarding complaint 1 19 |
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21
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2022-12-06 |
MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for leave to file under seal 3, ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 11, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 16 are set for telephonic motion hearing on 12/14/2022 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 |
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22
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2022-12-14 |
MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 12/14/2022. For the reasons stated on the record, Plaintiff's motion for leave to file under seal 3, ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 11, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 16 are granted. Enter Sealed Temporary Restraining Order. The Clerk is directed to maintain the following documents under seal until further order of this Court: (1) Schedule A to the complaint 2, and (2) Exhibit 2, (Parts 1-4) to the Declaration of Emily Holt 15. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 9:30 a.m. on 12/14/2022 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing is set for 1/3/2023 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 |
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23
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2022-12-14 |
SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 12/14/2022. Mailed notice |
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24
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2022-12-21 |
INJUNCTION BOND in the amount of $10,000.00 posted by Malcolm McCormick Revocable Trust |
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25
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2022-12-23 |
MOTION by Plaintiff Malcolm McCormick Revocable Trust for extension of time of Temporary Restraining Order |
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26
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2022-12-23 |
MEMORANDUM by Malcolm McCormick Revocable Trust in support of extension of time 25 |
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(Declaration of Justin T. Joseph) |
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27
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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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28
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2022-12-30 |
MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's ex parte motion to extend the temporary restraining order 25 is granted. The Court finds good cause to extend the temporary restraining order through 1/11/2023 pursuant to Fed. R. Civ. P. 65(b)(2). Telephonic status hearing set for 1/3/2023 is stricken and reset for 1/11/2023 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 (aw,) |
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
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29
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2023-01-06 |
ATTORNEY Appearance for Plaintiff Malcolm McCormick Revocable Trust by Quinn Bradley Guillermo |
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30
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2023-01-06 |
MOTION by Plaintiff Malcolm McCormick Revocable Trust for preliminary injunction |
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(Exhibit A) |
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31
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2023-01-06 |
MEMORANDUM by Malcolm McCormick Revocable Trust in support of motion for preliminary injunction 30 |
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Declaration of Justin T. Joseph |
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(Exhibit 1) |
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32
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2023-01-06 |
SUMMONS Returned Executed by Malcolm McCormick Revocable Trust as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/6/2023, answer due 1/27/2023. |
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Declaration of Justin T. Joseph |
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(Exhibit A) |
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34
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2023-01-11 |
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 1/11/2023. For the reasons stated on the record, the Court grants Plaintiff's motion for entry of a preliminary injunction [30]. Enter Preliminary Injunction Order. The Clerk is directed to unseal: (1) Schedule A to the complaint [2], (2) Exhibit 2, Parts 1-4, to the Declaration of Emily Holt [15], and (3) the temporary restraining order [23]. Greer, Burns & Crain, Ltd. is ordered to add ALL remaining Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website www.ilnd.courts.com/instructions. Telephonic status hearing set for 2/28/2023 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 |
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35
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2023-01-11 |
PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 1/11/2023. Mailed notice |
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33
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2023-01-12 |
NOTICE of Voluntary Dismissal by Malcolm McCormick Revocable Trust as to certain defendant |
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NEW PARTIES: Feng Posters, foshanpengjieshefuzhuangyouxiangongsi, foshanxinjieshedianziyouxiangongsi, GJH Poster Shop, haikouchenwubaihuolingshouyouxiangongsi, haikoumoqimoshangmaoyouxiangongsi, HAIKOUXIA, haikouyunlixiaoshouyouxiangongsi, haikouyuxinliudianzishangwuyouxianzerengongsi, HanJiaHao-shop, haohaodiy, Haonayanshangmaoyouxiangongsi, HF Poster Shop, HLY Poster Shop, huangrongyishuhuahua, JAK Poster Shop, Jiang Chi Art, jianwu ren, jimuzongheng, Jinwan Co, JuFanShangMaoGongSi, Junyizhu Co, kunmingciaodianzishangwuyouxiangongsi, kunmingguisushedianzishangwuyouxiangongsi, laiolaiao123, LeiBowangluo, liangshanweiboshangmaoyouxiangongsi1, lichengqusuicibaihuodian, liguochaohsyebk, Like-yu254, LIN YUAN SHOP, liqinhuihua, liuhandong, LIUHUANLIIB, LIYUAN STORY, Lonnie1227, LRH Poster Shop, LSC Poster Shop, LULWHGNWJ, lvshunlin, mayijiancaishanghang, mcjsaj, miaowanshangmao, MINGJINZHI, MQ Poster Shop, MyRapperPoster US, NEWHON, opendoor-dog, Poundsound, ledgen, LeopoldMichaelqEbQ, Lg Petif, lianglimeistore168, liangwenhao111, lifang&HUANG, Lilasa, LIna818181, LinaStaheeva4686, linwenming, LiraProstaya5790, LiuPei2866455, lixiaoyu1266, lixinling5678, ljfART, lliken, lpnxsauhdiusdd, luoxiugui710, Lynsie, LyusyaPolicyna4733, madandan921, mafei200826, MalikaPreobrazhenskaya8169, MalinaUsatyuk9113, Marcus R Larson, MirraSnezhnickaya9362, MuzaPavlyukova7328, nawanyi147258, nawehgkjsdbnjkgbljkberghfjhnrdth, Neal Reilly, nealheidenreich, nedrosenbaum2, Nimble Fitness, oymind, panyingliang886, peijing1991, phosasdbvs, pingpingo, pricernikesplaza, Pro-papper, qecb23, RandolphMartinjUtQz, raoyingbo0036, Robin00Wall, RodAlvatXkXl, RoryCharlottedPsN, ruanqiang2627, SabinaFilyunina1529, SamanthaSusanaQfSf, Shadow pen, shishuqin7890, SilikaPechyonkina4549, songweiqiang6974, sujiedongstore, TanyufkaPulyaeva9541, TomilaKosobokova1070, tongchunmei168, Twelve Activity One, Twelve years old, Txie91, VasilisaViktorovich1680, vbjdrystertar, VlastilenaKostyuk1383, wangguowei66209, wangjunbo0129, wangzhi176, wenmengjie123, WUruiyuan123456, xiangxiaofang567, xianhuiyy8279, xinxiangrhjka, XuqinglXQ, xuyixiang92330, YAdvigaPekhtereva1644, yanglinhua86, yangxiaoqin321, yangxingyu2219, yaomingfan, YingGefashion, yinhuaisen, Yjhcs9a8sa, yuanwenwen231, yuzhou fashion, YyuXIhongta130, zhangddona, zhangfang999, zhanghaopeng115150, zhangjing926400, zhangqiao920428, Zhangrui57890, zhangshuting74974, zhangwen830320, zhangyu514, zhangyun1218, zhaohemei548, zhaoyan55322, Zhengxiqian12323, zhongju Interesting Gadgets, zhongkaiqiang39593, zjmaksudhaui, zkdART, Zydmuq and ZYY Hami Store added to case caption. |
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36
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2023-02-10 |
NOTICE of Voluntary Dismissal by Malcolm McCormick Revocable Trust as to a Certain Defendant |
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37
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2023-02-10 |
MOTION by Plaintiff Malcolm McCormick Revocable Trust for entry of default, MOTION by Plaintiff Malcolm McCormick Revocable Trust for default judgment as to all Defendants |
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(Exhibit A) |
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[+]
38
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2023-02-10 |
MEMORANDUM by Malcolm McCormick Revocable Trust in support of motion for entry of default, motion for default judgment 37 |
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(Exhibit 1) |
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[+]
39
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2023-02-10 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 38 |
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(Exhibit 1) |
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40
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2023-02-17 |
MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of default and default judgment 37 will be heard at the telephonic hearing set for 2/28/2023 at 9:15 AM. Any party wishing to be heard on the motion shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 |
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41
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2023-02-28 |
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 2/28/2023. Only Plaintiff appears. The Court enters default pursuant to Fed. R. Civ. P. 55(a) against the remaining defendants. Plaintiff's request for entry of default judgment 37 is taken under advisement. Telephonic status hearing set for 3/14/2023 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 |
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42
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2023-03-13 |
MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of default judgment 37 is granted. Specifically, after a hearing on 2/28/2023 and having considered Plaintiff's motion and supporting materials, the Court grants Plaintiff's request for entry of default judgment as to Defaulting Defendants as follows. The Court previously found that Defaulting Defendants each failed to plead or otherwise defend this action, and thus entered default pursuant to Fed. R. Civ. P. 55(a). "The basic effect of an entry of default. is that upon default, the well-pleaded allegations of a complaint relating to liability are taken as true." VLM Food Trading Int'l, Inc. v. Ill. Trading Co., 811 F.3d 247, 255 (7th Cir. 2016) (internal quotation marks omitted). The Court further finds that Defaulting Defendants' infringing conduct was willful. With respect to monetary relief, under 15 U.S.C. § 1117(c), a plaintiff in a case involving the use of a counterfeit trademark may elect to seek statutory damages in the amount of: (1) not less than $1,000 or more than $200,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or (2) if the court finds that the use of the counterfeit mark was willful, not more than $2,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just. In determining the amounts of statutory damages to award in this case, the Court has considered the difficulty or impossibility of proving actual damages, the circumstances of the infringement, the efficacy of the damages as a deterrent to future infringement, the value of the Plaintiff's brand and its efforts to protect the brand, and the extent or profitability of the Defaulting Defendants' wrongful activities. In addition, the Court has considered the amounts of statutory damages requested and awarded in similar cases. Based on these factors, the Court awards Plaintiff $500,000 per Defaulting Defendant. Enter final judgment by default. As all claims as to all Defendants have been resolved, this case will be closed. Telephonic status hearing set for 3/14/2023 is stricken. Civil case terminated. Mailed notice |
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43
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2023-03-13 |
DEFAULT JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 3/13/2023. Mailed notice |
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44
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2023-03-28 |
MAILED trademark report with certified copy of minute order dated 3/13/2023 to Patent Trademark Office, Alexandria VA. |
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45
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2023-04-20 |
NOTICE of withdrawal of surety bond [24] by Plaintiff's counsel by Malcolm McCormick Revocable Trust. |
