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2024-cv-00088

Leatherman Tool Group, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院:伊利诺伊州北法院
发案日期:2024-01-03
原告:Leatherman Tool Group, Inc
代理律所:GBC
诉讼类型:商标
# Date Description
[+] 1 2024-01-03 COMPLAINT filed by Leatherman Tool Group, Inc.; Filing fee $ 405, receipt number AILNDC-21484875.
2 2024-01-03 SEALED EXHIBIT by Plaintiff Leatherman Tool Group, Inc. Schedule A regarding complaint[1]
3 2024-01-03 MOTION by Plaintiff Leatherman Tool Group, Inc. for leave to file under Seal
4 2024-01-03 CIVIL Cover Sheet
5 2024-01-03 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Leatherman Tool Group, Inc.
6 2024-01-03 Notice of Claims involving Trademarks by Leatherman Tool Group, Inc.
7 2024-01-03 ATTORNEY Appearance for Plaintiff Leatherman Tool Group, Inc. by Justin R. Gaudio
8 2024-01-03 ATTORNEY Appearance for Plaintiff Leatherman Tool Group, Inc. by Amy Crout Ziegler
9 2024-01-03 ATTORNEY Appearance for Plaintiff Leatherman Tool Group, Inc. by Kahlia Roe Halpern
[+] 10 2024-01-03 ATTORNEY Appearance for Plaintiff Leatherman Tool Group, Inc. by Thomas Joseph Juettner
11 2024-01-05 MOTION by Plaintiff Leatherman Tool Group, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
12 2024-01-05 MEMORANDUM by Leatherman Tool Group, Inc. in support of motion for temporary restraining order 11
[+] 13 2024-01-05 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12
[+] 14 2024-01-05 DECLARATION of Doug Anderson regarding memorandum in support of motion 12
[+] 15 2024-01-05 SEALED EXHIBIT by Plaintiff Leatherman Tool Group, Inc. Exhibit 2 - Parts 1-6 regarding declaration 14
16 2024-01-05 MOTION by Plaintiff Leatherman Tool Group, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
17 2024-01-05 MEMORANDUM by Leatherman Tool Group, Inc. in support of motion for miscellaneous relief 16
[+] 18 2024-01-05 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17
19 2024-01-05 NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 11, motion for miscellaneous relief 16, motion for leave to file 3 before Honorable Elaine E. Bucklo on 1/11/2024 at 09:45 AM.
[+] 20 2024-01-08 MAILED Trademark report to Patent Trademark Office, Alexandria VA
21 2024-01-08 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
22 2024-01-11 MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiffs' motion for leave to file under seal 3 ; Plaintiffs' Ex Parte motion for entry of temporary restraining order, including a temporary injunction, a temporary asset restraint and expedited discovery 11 ; and Plaintiff's motion for electronic service of process pursuant to FED. R. CIV. P. 4(f)(3) 16 are granted. Enter Sealed Temporary Restraining Order. Because the temporary restraining order will expire on 1/25/2024, any motion for preliminary injunction or to extend the temporary restraining order must be filed by no later than 1/18/2024. Law firm Greer, Burns and Crain, Ltd. is ordered to add all defendant names listed in the Schedule A to the docket within three business days of the expiration of the TRO. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The case is set for a status hearing on 2/26/2024 at 9:45 a.m. (to track the case only, no appearance is required). By 2/20/2024, plaintiff is to file a status report regarding the status of service of process, settlement discussions, and any further information that plaintiff wishes to bring to the Court's attention. Mailed notice.
[+] 23 2024-01-11 SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Elaine E. Bucklo on 1/11/2024. Mailed notice.
24 2024-01-18 MOTION by Plaintiff Leatherman Tool Group, Inc. for extension of time of Temporary Restraining Order
[+] 25 2024-01-18 MEMORANDUM by Leatherman Tool Group, Inc. in support of extension of time 24
26 2024-01-18 NOTICE of Motion by Kahlia Roe Halpern for presentment of extension of time 24 before Honorable Elaine E. Bucklo on 1/24/2024 at 09:45 AM.
28 2024-01-22 SURETY BOND in the amount of $ 10,000 posted by Leatherman Tool Group, Inc. (Document not Imaged)
27 2024-01-24 MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's Ex Parte motion to extend the temporary restraining order 24 is granted to 2/8/2024. Mailed notice.
29 2024-02-05 NOTICE of Voluntary Dismissal by Leatherman Tool Group, Inc. as to a Certain Defendant
[+] 30 2024-02-05 MOTION by Plaintiff Leatherman Tool Group, Inc. for preliminary injunction
[+] 31 2024-02-05 MEMORANDUM by Leatherman Tool Group, Inc. in support of motion for preliminary injunction 30
[+] 32 2024-02-05 NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for preliminary injunction 30 before Honorable Elaine E. Bucklo on 2/8/2024 at 09:45 AM.
[+] 33 2024-02-05 SUMMONS Returned Executed by Leatherman Tool Group, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/5/2024, answer due 2/26/2024.
34 2024-02-08 MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's motion for preliminary injunction 30 is granted. Enter Preliminary Injunction Order. The Clerk of Court is directed to unseal the following documents: Schedule A to the Complaint 2, Exhibit 2 to the Declaration of Doug Anderson 15 and the TRO 23. Mailed notice.
[+] 35 2024-02-08 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Elaine E. Bucklo on 2/8/2024. Mailed notice.
[+] 36 2024-02-20 STATUS Report pursuant to 22 by Leatherman Tool Group, Inc.
37 2024-02-26 MINUTE entry before the Honorable Elaine E. Bucklo: Pursuant to the status report, pending defendant's responsive pleading, plaintiff will move for default judgment against remaining non-dismissed Defendants. Status hearing is reset for 3/26/2024 at 9:45 a.m. (to track the case only; no appearance required). The plaintiff shall file a written status report by 3/19/2024. The court will enter an order in Mailed notice.
38 2024-03-15 ATTORNEY Appearance for Plaintiff Leatherman Tool Group, Inc. by Luana Faria De Souza (Faria De Souza, Luana)
39 2024-03-18 NOTICE of Voluntary Dismissal by Leatherman Tool Group, Inc. as to Certain Defendants
[+] 40 2024-03-18 MOTION by Plaintiff Leatherman Tool Group, Inc. for entry of default, MOTION by Plaintiff Leatherman Tool Group, Inc. for default judgment as to all Defendants with the exception of certain Defendants
[+] 41 2024-03-18 MEMORANDUM by Leatherman Tool Group, Inc. in support of motion for entry of default, motion for default judgment, [40]
[+] 42 2024-03-18 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[41]
[+] 43 2024-03-18 NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for entry of default, motion for default judgment, [40] before Honorable Elaine E. Bucklo on 3/21/2024 at 09:45 AM.
44 2024-03-19 ATTORNEY Appearance for Defendants Awaiymi Dekeliy US, ChenCanMaoYi, Enjoy guest home, Feidudu, GZTFPQ, LueLiaoB by Adam Edward Urbanczyk
[+] 45 2024-03-19 STATUS Report pursuant to [37] by Leatherman Tool Group, Inc.
46 2024-03-19 MOTION by Defendants Awaiymi Dekeliy US, ChenCanMaoYi, Enjoy guest home, Feidudu, GZTFPQ, LueLiaoB for extension of time
47 2024-03-19 NOTICE of Motion by Adam Edward Urbanczyk for presentment of extension of time[46] before Honorable Elaine E. Bucklo on 3/27/2024 at 09:45 AM.
48 2024-03-20 MINUTE entry before the Honorable Elaine E. Bucklo: The Court has reviewed the plaintiff's status report. Defendants motion for extension of time [46] is granted. Defendant's response to plaintiff's complaint is due by 4/18/2024. Plaintiff's motion for entry of default and default judgment against the defendants identified in first amended schedule A with the exception of Defendants Awaiymi Dekeliy US, ChenCanMaoYi, Enjoy guest home, Feidudu, GZTFPQ, LueLiaoB [30] is granted. Enter Final Judgment Order. The Clerk of the Court is directed to return the surety bond posted in the amount of ten thousand dollar ($10,000) to Plaintiff or its counsel, Greer, Burns & Crain, Ltd. Status hearing is reset for 4/25/2024 at 9:45 a.m. as to the remaining non-dismissed defendants. (to track the case only, no appearance is required). The parties shall file a joint status report by 4/19/2024 and the court will enter an appropriate order.
[+] 49 2024-03-20 FINAL JUDGMENT ORDER signed by the Honorable Elaine E. Bucklo on 3/20/2024. Mailed notice.
50 2024-04-02 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0008: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Sunil R. Harjani; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Sunil R. Harjani; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Sunil R. Harjani's 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 Sunil R. Harjani to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Sunil R. Harjani to the Court's criminal case assignment system ninety (90) days so that Judge Harjani shall thereafter receive a full share of such cases. Case reassigned to the Honorable Sunil R. Harjani for all further proceedings. Honorable Elaine E. Bucklo no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 4/02/2024.
51 2024-04-03 MINUTE entry before the Honorable Elaine E. Bucklo: The status hearing set for 4/25/2024 is stricken, the case having been reassigned to another judge. Mailed notice
52 2024-04-03 MINUTE entry before the Honorable Sunil R. Harjani: This case has been reassigned to the calendar of Judge Sunil R. Harjani. Defendants shall answer by 4/18/2024. An initial status hearing is set for 4/30/2024 at 9:15 a.m. by telephone. By 4/23/2024, the parties shall file a joint initial status report with the content described in the Joint Initial Status Report which can be found on the Court's web page. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
53 2024-04-11 NOTICE of Voluntary Dismissal by Leatherman Tool Group, Inc. as to certain defendant
54 2024-04-12 RETURN of Service of U.S. Postal Certified Mail Number 7022 3330 0001 8861 9612 returned executed as to Justin R. Gaudio. (Received by mail in the Clerk's Office on 4/12/24.)
55 2024-04-19 NOTICE of Voluntary Dismissal by Leatherman Tool Group, Inc. as to Certain Defendants
[+] 56 2024-04-19 MOTION by Plaintiff Leatherman Tool Group, Inc. for entry of default, MOTION by Plaintiff Leatherman Tool Group, Inc. for default judgment as to Defendant LueLiaoB
57 2024-04-19 MEMORANDUM by Leatherman Tool Group, Inc. in support of motion for entry of default, motion for default judgment[56]
[+] 58 2024-04-19 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[57]
59 2024-04-22 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is Plaintiff's motion [56] for entry of default and default judgment against remaining Defendant LueLiaoB. Defendant LueLiaoB has failed either to answer or otherwise plead in this action. Accordingly, an order of 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 4/29/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 4/29/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. A tentative default hearing is set for 5/7/2024 at 9:45 a.m. The parties need not file the joint status report due 4/23/2024 and the initial status hearing set for 4/30/2024 is stricken. Mailed notice
60 2024-05-02 MINUTE entry before the Honorable Sunil R. Harjani: Upon review of the docket, it is not clear whether the Court's minute entry [59] dated 4/22/2024 was served upon Defendant LueLiaoB. Accordingly, by 5/6/2024, Plaintiff shall file a status report advising the Court on the status of service. Mailed notice
[+] 61 2024-05-02 STATUS Report per [60] by Leatherman Tool Group, Inc.
62 2024-05-02 MINUTE entry before the Honorable Sunil R. Harjani: Because no hearing has been requested, the default judgment hearing tentatively set for 5/7/2024 is stricken. Plaintiff's Motion for Entry of Default Judgment [56] is taken under advisement. Mailed notice
63 2024-05-15 MINUTE entry before the Honorable Sunil R. Harjani: Remaining defendant LueLiaoB (Defendant No. 44) has not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion [56] is granted. 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 defendant (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 $50,000 is an appropriate award of statutory damages. The Clerk of the Court is directed to return the surety bond posted in the amount of ten thousand dollar ($10,000) to Plaintiff or its counsel, Greer, Burns & Crain, Ltd. Enter separate Final Judgment Order. Civil case terminated. Mailed notice
64 2024-05-15 FINAL JUDGMENT ORDER. Signed by the Honorable Sunil R. Harjani on 5/15/2024. Mailed notice
65 2024-05-17 MAILED trademark report to Patent Trademark Office, Alexandria VA.