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2024-cv-03647

Mattel, 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：2024-05-06
原告：Mattel, Inc.
代理律所：GBC
诉讼类型：商标
# Date Description
[+] 1 2024-05-06 COMPLAINT filed by Mattel, Inc.; Filing fee $ 405, receipt number AILNDC-21933035.
2 2024-05-06 SEALED EXHIBIT by Plaintiff Mattel, Inc. Schedule A regarding complaint[1]
3 2024-05-06 MOTION by Plaintiff Mattel, Inc. for leave to file under seal
4 2024-05-06 CIVIL Cover Sheet
5 2024-05-06 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mattel, Inc.
6 2024-05-06 Notice of Claims Involving Trademarks by Mattel, Inc.
7 2024-05-06 ATTORNEY Appearance for Plaintiff Mattel, Inc. by Justin R. Gaudio
8 2024-05-06 ATTORNEY Appearance for Plaintiff Mattel, Inc. by Amy Crout Ziegler
9 2024-05-06 ATTORNEY Appearance for Plaintiff Mattel, Inc. by Rachel S Miller
[+] 10 2024-05-06 ATTORNEY Appearance for Plaintiff Mattel, Inc. by Berel Yonathan Lakovitsky
11 2024-05-07 MOTION by Plaintiff Mattel, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
12 2024-05-07 MEMORANDUM by Mattel, Inc. in support of motion for temporary restraining order[11]
[+] 13 2024-05-07 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12]
[+] 14 2024-05-07 DECLARATION of Adam Sapper regarding memorandum in support of motion[12]
15 2024-05-07 SEALED EXHIBIT by Plaintiff Mattel, Inc. Exhibit 2 - Parts 1-10 regarding declaration[14]
16 2024-05-07 MOTION by Plaintiff Mattel, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
17 2024-05-07 MEMORANDUM by Mattel, Inc. in support of motion for miscellaneous relief[16]
[+] 18 2024-05-07 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17]
19 2024-05-08 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 3 and motion for electronic service of process 16 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order (etc.) 11 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 5/22/2024 at 9:10 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Any motion for preliminary injunction or motion to extend the TRO must be filed by 5/20/2024. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon and how the motion has been served. Mailed notice.
20 2024-05-08 SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 5/8/2024.
[+] 21 2024-05-08 Registry Deposit Information Form by Mattel, Inc.
22 2024-05-13 SURETY BOND in the amount of $ 10,000 posted by Mattel, Inc. (Document not Imaged)
[+] 23 2024-05-17 SUMMONS Returned Executed by Mattel, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/17/2024, answer due 6/7/2024.
[+] 24 2024-05-17 MOTION by Plaintiff Mattel, Inc. for preliminary injunction
[+] 25 2024-05-17 MEMORANDUM by Mattel, Inc. in support of motion for preliminary injunction[24]
[+] 26 2024-05-21 SUPPLEMENT to motion for preliminary injunction[24]
[+] 27 2024-05-21 DECLARATION of Rachel S. Miller regarding supplement[26]
28 2024-05-21 MINUTE entry before the Honorable Matthew F. Kennelly: No defendant has appeared or made any sort of a filing in this case. Plaintiff's motion for entry of a preliminary injunction is granted [24]. Enter Preliminary Injunction Order. The Clerk is directed to unseal all documents that were previously filed under seal. 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. 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.pd. The telephonic hearing set for 5/22/2024 is vacated. A telephonic status hearing is set for 7/26/2024 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 980-394-33. Plaintiff is directed to file a status report on 7/19/2024. Mailed notice.
[+] 29 2024-05-21 PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 5/21/2024. Mailed notice.
30 2024-05-22 ATTORNEY Appearance for Defendants Costzon, Fireflowery by John Barkley Sample, Iv
[+] 31 2024-05-28 MOTION by Defendants Costzon, Firefloweryto Dissolve Preliminary Injunction Per Rule 65(B)(4)
32 2024-05-29 MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion by defendants Costzon and Fireflowery to dissolve preliminary injunction [31] is to be filed by 6/5/2024; reply to response is to be filed by 6/10/2024. Telephonic motion hearing, unless deemed unnecessary by the Court is set for 6/13/2024 at 8:55 AM, using call-in number 650-479-3207, access code 980-394-33.
33 2024-05-31 MOTION by Defendants Costzon, Fireflowery for extension of time to Answer Discovery and Respond to Plaintiff's Complaint
34 2024-06-04 MINUTE entry before the Honorable Matthew F. Kennelly: The motion by defendants Costzon and Fireflowery to stay and for extension of time [33] is granted in part and denied in part as follows. The deadline for defendants' response to the complaint is stayed pending determination of their motion to dissolve the preliminary injunction. Their motion for an extension of time to respond to discovery is denied; however, plaintiff's discovery requests are deemed to have been served on 5/21/2024, as that was the date the Court granted plaintiff's motion to serve expedited discovery.
35 2024-06-05 RESPONSE by Mattel, Inc.in Opposition to MOTION by Defendants Costzon, Firefloweryto Dissolve Preliminary Injunction Per Rule 65(B)(4) [31]
[+] 36 2024-06-05 DECLARATION of Rachel S. Miller regarding response in opposition to motion[35]
[+] 37 2024-06-05 EXHIBIT by Plaintiff Mattel, Inc. Exhibits 7-16 regarding declaration, [36]
[+] 38 2024-06-05 EXHIBIT by Plaintiff Mattel, Inc. Exhibits 17-21 regarding declaration, [36]
39 2024-06-06 ATTORNEY Appearance for Defendants Konsait, dpkow us by Haipeng Xiao
40 2024-06-06 ATTORNEY Appearance for Defendants Cadeya, Chapter XI Aesthetics of Life, Ercadio, Hemicha, Keaziu, Leebreez, MAXIUSS-Original Seller, Minggo, a Mars store, let's party-US, luoxi store by Adam Edward Urbanczyk
41 2024-06-06 MOTION by Defendants Cadeya, Chapter XI Aesthetics of Life, Ercadio, Hemicha, Keaziu, Leebreez, MAXIUSS-Original Seller, Minggo, a Mars store, let's party-US, luoxi store for extension of time UNOPPOSED
42 2024-06-07 MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion by defendants Cadeya, Chapter XI Aesthetics of Life, Ercadio, Hemicha, Keaziu, Leebreez, MAXIUSS-Original Seller, Minggo, a Mars store, let's party-US, luoxi store for extension of time [41] is granted; response to complaint is to be filed by 7/8/2024.
43 2024-06-07 MOTION by Defendants Konsait, dpkow us for extension of time
44 2024-06-08 MINUTE entry before the Honorable Matthew F. Kennelly: The unopposed motion by defendants Konsait and dpkow us for extension of time [43] is granted; response to complaint is to be filed by 6/21/2024.
[+] 45 2024-06-10 REPLY by Defendants Costzon, Fireflowery to response in opposition to motion[35]
46 2024-06-12 MAILED Trademark report to Patent Trademark Office, Alexandria VA
47 2024-06-12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
48 2024-06-13 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 6/13/2024. Defendants' motion to dissolve preliminary injunction [31] is denied, but the injunction is going to be modified. The parties are directed to promptly meet and confer to exchange information relevant to the modification. By no later than 6/18/2024, the parties are directed to file a joint status report with an agreed or alternative reduced amount. If there is a nonagreement on the amount, each side is to put in the status report a focused discussion on their position. Mailed notice.
49 2024-06-13 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Costzon
50 2024-06-13 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fireflowery
51 2024-06-13 NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants
52 2024-06-13 ATTORNEY Appearance for Defendant Anbech by Christopher Paul Keleher
53 2024-06-13 MOTION by Defendant Anbech for extension of time to file answer regarding complaint[1]
54 2024-06-14 MINUTE entry before the Honorable Matthew F. Kennelly: Motion by defendant Anbech for extension of time [53] is granted; response to complaint is to be filed by 7/5/2024.
[+] 55 2024-06-18 STATUS Report per [48] (joint) by Mattel, Inc.
56 2024-06-19 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the joint status report filed by plaintiff and defendants costzon and fireflowery. In-person hearing regarding modification of the preliminary injunction is set for 6/26/2024 at 9:45 AM.
57 2024-06-20 NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants
58 2024-06-21 ANSWER to Complaint with Jury Demand by Konsait
59 2024-06-21 ANSWER to Complaint with Jury Demand by dpkow us
60 2024-06-25 SUPPLEMENT to status report[55]
61 2024-06-25 ATTORNEY Appearance for Defendants Costzon, Fireflowery by Christina Joanne Blackfor Lesko
62 2024-06-26 MINUTE entry before the Honorable Matthew F. Kennelly: In person preliminary injunction hearing held on 6/26/2024. The parties are directed to send a proposed modified preliminary order with the reduced secured amount to Judge Kennelly's proposed order email address. The parties are directed to confer on a discovery and pretrial schedule. A joint status report with the proposed schedule is to be filed by 7/3/2024. A telephonic status hearing is set for 7/10/2024 at 8:45 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 980-394-33. 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.
63 2024-06-27 AGREED ASSET RESTRAINT ORDER FOR DEFENDANT NOS. 67 AND 79, signed by the Honorable Matthew F. Kennelly on 6/27/2024.
64 2024-07-01 NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants
65 2024-07-03 STATUS Report per [62] (Joint) by Mattel, Inc.
66 2024-07-04 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report and sets the following discovery and pretrial schedule. Defendants' answer is to be filed by 8/20/2024. Rule 26(a)(1) disclosures are to be made by 9/18/2024. Written discovery requests are to be served by 10/2/2024. Fact discovery is to be completed by 2/26/2025. The deadline for filing dispositive motions is 4/30/2025. The telephonic status hearing set for 7/10/2024 is vacated and reset to 9/19/2024 at 8:55 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 980-394-33. A joint status report regarding the progress of discovery and any settlement discussions is to be filed on 7/3/2024.
67 2024-07-08 NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants
68 2024-07-08 MINUTE entry before the Honorable Matthew F. Kennelly: This order corrects docket entry [66] which contained a typographical error. The Court has reviewed the parties' joint status report and sets the following discovery and pretrial schedule. Defendants' answer is to be filed by 8/20/2024. Rule 26(a)(1) disclosures are to be made by 9/18/2024. Written discovery requests are to be served by 10/2/2024. Fact discovery is to be completed by 2/26/2025. The deadline for filing dispositive motions is 4/30/2025. The telephonic status hearing set for 7/10/2024 is vacated and reset to 9/19/2024 at 8:55 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 980-394-33. A joint status report regarding the progress of discovery and any settlement discussions is to be filed on 9/12/2024. Mailed notice.
69 2024-07-11 NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants
70 2024-07-18 NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendant
71 2024-07-18 STIPULATION of Dismissal as to Defendant dpkow us (Joint)
[+] 72 2024-07-19 MOTION by Plaintiff Mattel, Inc. for entry of default, MOTION by Plaintiff Mattel, Inc. for default judgment as to all Defendants with the exception of certain Defendants
[+] 73 2024-07-19 MEMORANDUM by Mattel, Inc. in support of motion for entry of default, motion for default judgment[72]
[+] 74 2024-07-19 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[73]
[+] 75 2024-07-19 STATUS Report pursuant to [28] by Mattel, Inc.
76 2024-07-20 DEFAULT JUDGMENT ORDER AS TO CERTAIN DEFENDANTS signed by the Honorable Matthew F. Kennelly on 7/20/2024: Plaintiff's motion for entry of default judgment as to certain defendants 72 is granted.
77 2024-07-20 DEFAULT JUDGMENT ORDER AS TO CERTAIN DEFENDANTS signed by the Honorable Matthew F. Kennelly on 7/20/2024: Plaintiff's motion for entry of default judgment as to certain defendants is granted.
78 2024-07-25 ATTORNEY Appearance for Defendant Yiwu Mixiu E-Business Co., Ltd. by Zheng Gao Reid & Wise LLC
79 2024-07-25 ATTORNEY Appearance for Defendant Yiwu Mixiu E-Business Co., Ltd. by Matthew Sava
80 2024-07-25 FULL SATISFACTION of Judgment regarding order[77] in the amount of $100,000 as to certain defendant
81 2024-07-26 STIPULATION of Dismissal as to Defendant Konsait (Joint)
82 2024-08-01 MOTION by Defendant Yiwu Mixiu E-Business Co., Ltd. to vacate SEALED Order[20], preliminary injunction, order[29], order on motion for entry of default, order on motion for default judgment, terminate motions[76], order[77] and To Dismiss
83 2024-08-01 MEMORANDUM by Yiwu Mixiu E-Business Co., Ltd. in support of motion to vacate, [82] and To Dismiss
[+] 84 2024-08-01 AFFIDAVIT by Defendant Yiwu Mixiu E-Business Co., Ltd. in Support of MOTION by Defendant Yiwu Mixiu E-Business Co., Ltd. to vacate SEALED Order[20], preliminary injunction, order[29], order on motion for entry of default, order on motion for default judgment, terminate motions[76], order[77] and To Dismiss
[+] 85 2024-08-01 AFFIDAVIT by Defendant Yiwu Mixiu E-Business Co., Ltd. in Support of MOTION by Defendant Yiwu Mixiu E-Business Co., Ltd. to vacate SEALED Order[20], preliminary injunction, order[29], order on motion for entry of default, order on motion for default judgment, terminate motions[76], order[77] and To Dismiss
86 2024-08-02 MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion to vacate 82 is to be filed by 8/16/2024; reply to response is to be filed by 8/30/2024. Telephonic motion hearing, unless deemed unnecessary by the Court, is set for 9/9/2024 at 8:50 AM, using call-in number 650-479-3207, access code 980-394-33.
87 2024-08-05 MOTION by Plaintiff Mattel, Inc. for Leave to Conduct Jurisdictional Discovery and Stay Briefing of Defendant's Motion [82]
[+] 88 2024-08-05 DECLARATION of Berel Y. Lakovitsky regarding motion for miscellaneous relief[87]
89 2024-08-06 MINUTE entry before the Honorable Matthew F. Kennelly: Any objection to plaintiff's motion for jurisdictional discovery 87 is to be filed by 8/13/2024. A telephonic hearing on the motion, unless deemed unnecessary by the Court, is set for 8/14/2024 at 8:55 AM, using call-in number 650-479-3207, access code 980-394-33.
90 2024-08-12 MEMORANDUM by Yiwu Mixiu E-Business Co., Ltd. in Opposition to motion for miscellaneous relief[87] Opposition to Stay and to Jurisdictional Discovery
91 2024-08-14 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 8/14/2024. Plaintiff's motion for leave to conduct jurisdictional discovery and stay 87 is denied without prejudice. Plaintiff's response to defendant Yiwu Mixiu E-Business Co., Ltd.'s motion to vacate 82 is due 8/28/2024; defendant's reply is due 9/11/2024. The case is set for a telephonic status hearing on 9/20/2024 at 8:45 a.m. The following call-in number will be used for the hearing: 650-479-3207, access code 980-394-33. 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.
92 2024-08-19 MOTION by Plaintiff Mattel, Inc. to Stay all Deadlines and Notice of Settlement (Joint)
93 2024-08-20 MINUTE entry before the Honorable Matthew F. Kennelly: Joint motion to stay deadlines 92 is granted based on the parties' report that they have reached a settlement. Telephonic status hearing set for 9/20/2024 remains as-is. A joint status report detailing the parties' progress in completing their settlement is to be filed on 9/17/2024 unless a stipulation for dismissal or notice of dismissal is on file by that date.
94 2024-08-26 TRANSCRIPT OF PROCEEDINGS held on June 13, 2024 before the Honorable Matthew F. Kennelly. Order Number: 49104. Court Reporter Contact Information: Carolyn Cox, carolyn_cox@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/16/2024. Redacted Transcript Deadline set for 9/26/2024. Release of Transcript Restriction set for 11/25/2024.
95 2024-08-26 MOTION by Plaintiff Mattel, Inc. to vacate the Judgment and Stipulation to Dismiss Defendant Yiwu Mixiu E-Business Co., Ltd. (Joint)
96 2024-08-27 MINUTE entry before the Honorable Matthew F. Kennelly: Joint motion to vacate [95] is granted. The default judgment entered on 7/2/2024 is vacated as to defendant Yiwu Mixiu E-Business Co., Ltd., and the claims against that defendant are hereby dismissed with prejudice and without costs. Alibaba and/or ALipay is allowed to release defendant's Alipay account and is allowed to release any online marketplace account identified by the URL finetoovip.en.alibaba.com and the Account Name Yiwu Mixiu E-Business Co., Ltd.
97 2024-08-29 FULL SATISFACTION of Judgment regarding order 77 in the amount of $100,000 as to certain defendant
98 2024-08-29 NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants
99 2024-09-09 MINUTE entry before the Honorable Matthew F. Kennelly: Order: It has come to the Court's attention that the access code for its telephonic conference line was changed without notice. For any telephonic hearing set in this case the following call-in number will be used: 650-479-3207; access code 2305-915-8729. That is the number that should be used for any telephonic hearing in this case after today's date. Mailed notice
100 2024-09-12 STATUS Report pursuant to [68] by Mattel, Inc.
101 2024-09-13 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's status report 100 reflects that all defendants have been disposed of by judgment or dismissal. The Clerk is directed to close this case. Civil case terminated. Mailed notice.
[+] 102 2024-09-16 MAILED Closing Trademark report to Patent Trademark Office, Alexandria VA.
103 2024-11-07 FULL SATISFACTION of Judgment regarding order 77 in the amount of $100,000 as to certain defendants
104 2025-09-25 FULL SATISFACTION of Judgment regarding order 77 in the amount of $100,000 as to certain defendants