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2023-cv-05186

Celine SA v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院:伊利诺伊州北法院
发案日期:2023-08-07
原告:CELINE CORPORATION FRANCE
代理律所:GBC
诉讼类型:商标
# Date Description
[+] 1 2023-08-07 COMPLAINT filed by Celine SA; Filing fee $ 402, receipt number AILNDC-20904326.
2 2023-08-07 SEALED EXHIBIT by Plaintiff Celine SA Schedule A regarding complaint[1]
3 2023-08-07 MOTION by Plaintiff Celine SA for leave to file under seal
4 2023-08-07 CIVIL Cover Sheet
5 2023-08-07 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Celine SA
6 2023-08-07 Notice of Claims Involving Trademarks by Celine SA
7 2023-08-07 ATTORNEY Appearance for Plaintiff Celine SA by Justin R. Gaudio
8 2023-08-07 ATTORNEY Appearance for Plaintiff Celine SA by Amy Crout Ziegler
[+] 9 2023-08-07 ATTORNEY Appearance for Plaintiff Celine SA by Kahlia Roe Halpern
10 2023-08-07 ATTORNEY Appearance for Plaintiff Celine SA by Berel Yonathan Lakovitsky
11 2023-08-08 MAILED Trademark report to Patent Trademark Office, Alexandria VA
12 2023-08-08 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
13 2023-08-08 MOTION by Plaintiff Celine SA for temporary restraining order Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery
14 2023-08-08 MEMORANDUM by Celine SA in support of motion for temporary restraining order 13
[+] 15 2023-08-08 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14
[+] 16 2023-08-08 DECLARATION of Nicolas Lambert regarding memorandum in support of motion 14
[+] 17 2023-08-08 SEALED EXHIBIT by Plaintiff Celine SA Exhibit 2 - Parts 1-6 regarding declaration 16
18 2023-08-08 MOTION by Plaintiff Celine SA for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
19 2023-08-08 MEMORANDUM by Celine SA in support of motion for miscellaneous relief 18
[+] 20 2023-08-08 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19
21 2023-08-10 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal 3, for electronic service of process 18, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 13 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 (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. 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.
22 2023-08-10 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 8/10/2023:
23 2023-08-17 SURETY BOND in the amount of $ 10,000.00 posted by Celine SA. (Document not imaged)
[+] 24 2023-08-21 MOTION by Plaintiff Celine SA for preliminary injunction
[+] 25 2023-08-21 MEMORANDUM by Celine SA in support of motion for preliminary injunction[24]
[+] 26 2023-08-22 SUMMONS Returned Executed by Celine SA as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/22/2023, answer due 9/12/2023.
27 2023-08-22 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to the motion for preliminary injunction 24 must appear and object by 9/6/2023 or the motion will be treated as unopposed. Plaintiff is directed to serve this order on the defendants and file a certificate of service on the docket.
[+] 28 2023-08-22 CERTIFICATE of Service by Plaintiff Celine SA regarding set motion and R&R deadlines/hearings, 27
29 2023-08-31 MOTION by Plaintiff Celine SA for Leave to Amend Schedule A to the Complaint Instanter
30 2023-08-31 AMENDED exhibit[2] Amended Schedule A
31 2023-09-01 MINUTE entry before the Honorable Martha M. Pacold: The court grants plaintiff's motion to amend the pleadings 29 by removing defendants Make Your Unique Jewellery Store and KRWHTS pursuant to Rule 15(a)(2). Plaintiff has filed an amended Schedule A. 30. Mailed notice
[+] 32 2023-09-12 SUMMONS Returned Executed by Celine SA as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/12/2023, answer due 10/3/2023.
33 2023-09-12 ATTORNEY Appearance for Plaintiff Celine SA by Marcella Deshonda Slay
34 2023-09-20 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction [24]. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction [24] 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 Exhibit 1 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/instructions.
[+] 35 2023-09-20 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 9/20/2023:
36 2023-09-21 MOTION by Plaintiff Celine SA for Leave to Amend Schedule A to the Complaint instanter
37 2023-09-21 AMENDED exhibit[2] Amended Schedule A
38 2023-09-22 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 36 is granted. The amended Schedule A 37 is already on the docket. Lucky Store 7-15 days Delivery, MengDianPai, hongzhirui-shop, Dlltbet Store and GPLEBM terminated.
39 2023-10-05 MOTION by Plaintiff Celine SA for Leave to Amend Schedule A to the Complaint Instanter
40 2023-10-05 AMENDED exhibit 2 Amended Schedule A
[+] 41 2023-10-05 MOTION by Plaintiff Celine SA for entry of default as to all Defendants, MOTION by Plaintiff Celine SA for default judgment as to all Defendants
[+] 42 2023-10-05 MEMORANDUM by Celine SA in support of motion for entry of default, motion for default judgment 41
[+] 43 2023-10-05 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 42
44 2023-10-26 MOTION by Plaintiff Celine SA for Leave to Amend Schedule A to the Complaint instanter
45 2023-10-26 AMENDED exhibit 2 Amended Schedule A
46 2023-10-30 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motions for leave to amend Schedule A to the complaint instanter [39], [44] are granted. LI MEI LING123 and Madam Uniq terminated. Amended Schedule A [40], [45] already filed on the docket.
47 2023-10-31 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 41 must enter an appearance and file a written objection by 11/7/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
48 2023-11-09 ATTORNEY Appearance for Plaintiff Celine SA by Quinn Bradley Guillermo
49 2023-11-15 ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 41. 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 $500,000 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 Greer Burns & Crain Ltd., 300 S. Wacker Dr. Suite 2500, Chicago, Illinois 60606, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 11/15/2023. Mailed notice.
50 2023-11-15 DEFAULT JUDGMENT. Signed by the Honorable Martha M. Pacold on 11/15/2023. Mailed notice.
51 2024-01-18 NOTICE of withdrawal of bond 23 by John Summerfield (Received for docketing 3/1/2024)