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2024-cv-03278

KTM Ag 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：2024-04-24
原告：KTM AG
代理律所：HSP
诉讼类型：商标
# Date Description
[+] 1 2024-04-24 COMPLAINT filed by KTM AG; Jury Demand. Filing fee $ 405, receipt number AILNDC-21889849.
2 2024-04-24 CIVIL Cover Sheet
3 2024-04-24 ATTORNEY Appearance for Plaintiff KTM AG by Michael A. Hierl
4 2024-04-24 ATTORNEY Appearance for Plaintiff KTM AG by William Benjamin Kalbac
5 2024-04-24 ATTORNEY Appearance for Plaintiff KTM AG by Robert Payton Mcmurray
6 2024-04-24 ATTORNEY Appearance for Plaintiff KTM AG by John Wilson
7 2024-04-24 MOTION by Plaintiff KTM AG to seal document Plaintiff's Motion for Leave to File Under Seal
8 2024-04-24 SEALED DOCUMENT by Plaintiff KTM AG Sealed Schedule A
9 2024-04-24 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by KTM AG
[+] 10 2024-04-25 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
11 2024-04-25 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
12 2024-04-30 MINUTE entry before the Honorable Franklin U. Valderrama:The Court grants Plaintiff's Motion for Leave to File Under Seal 7. The following documents shall be placed under seal: (1) Plaintiff's Schedule A attached to the Complaint, which identifies and includes a list of the Defendant Online Marketplace Accounts; and (2) screenshot printouts showing the active Defendant Internet Stores (Exhibit 2) to the Declaration of Hubert Trunkenpolz and Viktor Sigl.
13 2024-04-30 MOTION by Plaintiff KTM AG for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
14 2024-04-30 MOTION by Plaintiff KTM AG for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
[+] 15 2024-04-30 MEMORANDUM by KTM AG in support of motion for temporary restraining order, 14
16 2024-04-30 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 1 of Trunkenpolz-Sigl Declaration
17 2024-04-30 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 2 of Trunkenpolz-Sigl Declaration
18 2024-04-30 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 3 of Trunkenpolz-Sigl Declaration
19 2024-04-30 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 4 of Trunkenpolz-Sigl Declaration
20 2024-04-30 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 5 of Trunkenpolz-Sigl Declaration
21 2024-04-30 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 6 of Trunkenpolz-Sigl Declaration
22 2024-04-30 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 7 of Trunkenpolz-Sigl Declaration
23 2024-04-30 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 8 of Trunkenpolz-Sigl Declaration
24 2024-04-30 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 9 of Trunkenpolz-Sigl Declaration
25 2024-04-30 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 10 of Trunkenpolz-Sigl Declaration
26 2024-04-30 Notice of Claims Involving Trademarks by KTM AG
27 2024-05-02 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's Motion to Exceed Page Limitation 13 and Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication 14. Provided that Plaintiff provides the security described in paragraph 13 of the temporary restraining order, the temporary restraining order shall become effective on 05/06/2024 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. The Court finds that joinder of the "Schedule A" Defendants is proper at this preliminary stage. Fed. R. Civ. P. 20(a)(2)(A). The Court notes that no Defendants are prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Emailed notice.
28 2024-05-02 SEALED Temporary Restraining Order Signed by the Honorable Franklin U. Valderrama on 5/2/2024.
29 2024-05-07 SURETY BOND in the amount of $ 10,000.00 posted by KTM AG. (Document not imaged)
30 2024-05-09 MINUTE entry before the Honorable Franklin U. Valderrama: The Court granted Plaintiff's Motion for a Temporary Restraining Order (TRO) on 05/02/2024. The TRO was expected to go into effect on 05/06/2024 at 6:00 p.m., provided that the security in paragraph 13 of the TRO was provided by that date and time. Plaintiff provided the surety bond on 05/07/2024. The TRO, therefore, went into effect on 05/07/2024 at 6:00 p.m. and will expire in fourteen (14) days from that effective date.Mailed notice
31 2024-05-15 MOTION by Plaintiff KTM AG for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
32 2024-05-16 MINUTE entry before the Honorable Franklin U. Valderrama: The Court hereby grants Plaintiff's Ex-Parte Motion to Extend the Temporary Restraining Order 31. Enter Order. The Temporary Restraining Order 28 shall now expire on 06/04/2024 at 6:00 p.m. Mailed notice.
33 2024-05-16 ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER: THIS CAUSE coming before the Court on Plaintiff KTM AG's Ex Parte Motion to Extend the Temporary Restraining Order, and this Court, having considered the matter, hereby GRANTS Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order. R. 31. This extension is justified by the same circumstances that justified issuance of the initial TRO and the need to effectuate the initial TRO without notifying the Defendants. Accordingly, the existing Temporary Restraining Order is extended for an additional fourteen (14) days through June 4, 2024. Signed by the Honorable Franklin U. Valderrama on 5/16/2024. Mailed notice.
34 2024-05-28 ATTORNEY Appearance for Defendant sirimotocycle by Steven G Kalberg
[+] 35 2024-05-30 MOTION by Plaintiff KTM AG for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order as to Certain Defendants
36 2024-05-30 MOTION by Plaintiff KTM AG for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction as to Certain Defendants
37 2024-05-30 MEMORANDUM by KTM AG in support of motion for preliminary injunction 36
[+] 38 2024-05-30 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 36
39 2024-05-31 PRELIMINARY INJUNCTION ORDERThe Court denies Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order as Defendant Nos. 213-225 35. Plaintiff alleges that Defendant Jingdong has failed to comply with the TRO. However, the Court cannot extend the TRO because the TRO 28 has already been extended by a period of 14 days 33. Furthermore, Plaintiff has not argued that Defendant Jingdong has consented to this extension. Therefore, the Court declines to extend the TRO beyond the 28-day period, and denies the motion with prejudice. H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012) ("In our view, the language of Rule 65(b)(2) and the great weight of authority support the view that 28 days is the outer limit for a TRO without the consent of the enjoined party, regardless of whether the TRO was issued with or without notice."). On the grounds set forth in the motion, the Court hereby grants Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-212 36. Enter Preliminary Injunction Order. The following documents are to be unsealed: (1) Schedule A to the Complaint 8 ; (2) Exhibit 2 to the Declaration of Hubert Trunkenpolz and Viktor Sigl 16 - 25 ; and (3) the TRO 28. Counsel for Plaintiff is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Signed by the Honorable Franklin U. Valderrama on 5/31/2024.Mailed notice.
[+] 40 2024-06-04 SUMMONS Returned Executed by KTM AG as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 5/31/2024, answer due 6/21/2024.
41 2024-06-13 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
42 2024-06-21 MOTION by Defendant sirimotocycle for extension of time to file answer regarding complaint 1 or otherwise respond (opposed)
43 2024-06-24 MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants the Opposed Motion for a First Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint 42. On or before 07/22/2024, Defendant sirimotocycle shall file an answer or other pleading. Mailed notice.
44 2024-07-01 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 211
45 2024-07-03 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
46 2024-07-09 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
[+] 47 2024-07-22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant sirimotocycle
48 2024-07-23 MINUTE entry before the Honorable Franklin U. Valderrama: The briefing schedule as to the Motion to Dismiss 47 is as follows: Plaintiff's response is due on or before 08/13/2024; Defendant's reply is due on or before 08/27/2024. Mailed notice.
49 2024-07-29 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 64
50 2024-08-01 ATTORNEY Appearance for Defendant sirimotocycle by David Randolph Bennett
[+] 51 2024-08-13 RESPONSE by Plaintiff KTM AG Plaintiff's Response to Defendant's Motion to Dismiss Pursuant to Federal Rule 12(b)(6)
[+] 52 2024-08-27 REPLY by sirimotocycle to Response 51 in support of Defendant's Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6)
53 2024-09-03 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 73
54 2024-09-09 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 203
55 2024-09-17 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
56 2024-12-27 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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.
57 2025-01-17 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
58 2025-01-17 CERTIFICATE of Service by William Benjamin Kalbac on behalf of KTM AG
[+] 59 2025-01-17 MOTION by Plaintiff KTM AG for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A
[+] 60 2025-01-17 MEMORANDUM by KTM AG in support of motion for default judgment 59
[+] 61 2025-01-17 DECLARATION of Michael A. Hierl regarding motion for default judgment 59
62 2025-02-24 MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Plaintiff's Motion for Entry of Default and Default Judgment 59. Statutory damages are awarded in the amount of $100,000 per each distinct Defaulting Defendant as indicated in the order. Enter Default Judgment Order. The motion to dismiss, filed by Defendant sirimotorcycle, the only defendant remaining in the case, remains under advisement. To obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any Defendant. Mailed notice.
63 2025-02-24 FINAL JUDGMENT ORDER: Signed by the Honorable Franklin U. Valderrama on 2/24/2025. Mailed notice.
64 2025-03-31 ORDER: For the reasons set forth in the accompanying Order, the Court denies Defendant Sirimotocycle's Motion to Dismiss 47. By 04/21/2025, the parties shall file a Joint Initial Status Report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Signed by the Honorable Franklin U. Valderrama on 3/31/2025. Mailed notice.
65 2025-04-21 STATUS Report Joint Initial Status Report by KTM AG
66 2025-04-21 ANSWER to Complaint, COUNTERCLAIM filed by sirimotocycle against KTM AG. by sirimotocycle
67 2025-04-25 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the parties' joint initial status report 65. The deadline for amendments to the pleadings is 06/27/2025. The Court refers discovery supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters to Magistrate Judge Weisman. Mailed notice.
68 2025-04-25 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable M. David Weisman for the purpose of holding proceedings related to: Discovery Supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters. (jcm). Mailed notice.
69 2025-04-25 MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman for the purposes of discovery Supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters. Initial status hearing scheduled for 5/29/25 at 9:15 a.m. Joint status report filed by noon on 5/27/25. Prior to the status hearing, the Court specifically requests that counsel consult the Court's standing order. If the parties believe the case is ready for a settlement conference, counsel should have available dates for a settlement conference for all necessary parties in advance of the status hearing, and to the extent possible, consult with opposing counsel in an attempt to identify mutually convenient and feasible dates for the settlement conference. Judge Weisman generally conducts settlement conferences Tuesdays, Wednesdays, Thursdays, and Fridays at either 10:30 a.m. to 12:30 p.m. or 2:00 p.m. to 4:00 p.m. Other dates and times may be available as required by the Court or the parties. If the parties do not wish to set a settlement conference at this time, the parties should be prepared to discuss discovery scheduling and related issues. Mailed notice
70 2025-05-12 RESPONSE by Plaintiff KTM AG Answer to Defendant's Counterclaims
71 2025-05-27 STATUS Report Joint Status Report by KTM AG Presented before Magistrate Judge
72 2025-05-27 STIPULATION of Dismissal Stipulation of Voluntary Dismissal with Prejudice
73 2025-05-27 MINUTE entry before the Honorable M. David Weisman: Pursuant to the joint status report 71 and stipulation of voluntary dismissal with prejudice 72, all matters relating to the referral of this case have been resolved, this matter is returned to the District Judge. Status hearing set for 5/29/25 before Magistrate Judge Weisman is hereby stricken with no appearance required. Referral terminated. Mailed notice (ao,)
74 2025-05-30 MINUTE entry before the Honorable Franklin U. Valderrama: Pursuant to the parties' stipulation of dismissal 72, this case is dismissed with prejudice. Each party shall bear its own attorney's fees and costs. Civil case terminated. Mailed notice.
75 2025-06-02 MAILED trademark report with certified copy of minute order dated 5/30/25 to Patent Trademark Office, Alexandria VA.