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2024-cv-03785

Fear of God, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院：伊利诺伊州北法院
发案日期：2024-05-09
原告：Fear of God, LLC
代理律所：GBC
诉讼类型：商标
# Date Description
[+] 1 2024-05-09 COMPLAINT filed by Fear of God, LLC; Filing fee $ 405, receipt number AILNDC-21948336.
2 2024-05-09 SEALED EXHIBIT by Plaintiff Fear of God, LLC Schedule A regarding complaint[1]
3 2024-05-09 MOTION by Plaintiff Fear of God, LLC for leave to file under seal
4 2024-05-09 CIVIL Cover Sheet
5 2024-05-09 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fear of God, LLC
6 2024-05-09 Notice of Claims Involving Trademarks by Fear of God, LLC
7 2024-05-09 ATTORNEY Appearance for Plaintiff Fear of God, LLC by Justin R. Gaudio
8 2024-05-09 ATTORNEY Appearance for Plaintiff Fear of God, LLC by Amy Crout Ziegler
9 2024-05-09 ATTORNEY Appearance for Plaintiff Fear of God, LLC by Trevor Christian Talhami
[+] 10 2024-05-09 ATTORNEY Appearance for Plaintiff Fear of God, LLC by Luana Faria De Souza (Faria De Souza, Luana)
11 2024-05-10 MAILED Trademark report to Patent Trademark Office, Alexandria VA
12 2024-05-10 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
13 2024-05-13 MOTION by Plaintiff Fear of God, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
14 2024-05-13 MEMORANDUM by Fear of God, LLC in support of motion for temporary restraining order[13]
[+] 15 2024-05-13 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]
[+] 16 2024-05-13 DECLARATION of Glenn Milus regarding memorandum in support of motion[14]
17 2024-05-13 SEALED EXHIBIT by Plaintiff Fear of God, LLC Exhibit 3 Parts 1-5 regarding declaration[16]
18 2024-05-13 MOTION by Plaintiff Fear of God, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
[+] 19 2024-05-13 MEMORANDUM by Fear of God, LLC in support of motion for miscellaneous relief[18]
[+] 20 2024-05-13 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]
23 2024-05-14 Registry Deposit Information Form by Fear of God, LLC
24 2024-05-15 SURETY BOND in the amount of $ 10,000 posted by Fear of God, LLC (document not imaged)
25 2024-05-22 MOTION by Plaintiff Fear of God, LLC for extension of time of Temporary Restraining Order
26 2024-05-22 MEMORANDUM by Fear of God, LLC in support of extension of time 25
27 2024-05-22 DECLARATION of Trevor C. Talhami regarding memorandum in support of motion 26
28 2024-05-22 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO 25 is granted. The TRO is extended to June 10, 2024. Mailed notice.
[+] 29 2024-06-06 MOTION by Plaintiff Fear of God, LLC for preliminary injunction
[+] 30 2024-06-06 MEMORANDUM by Fear of God, LLC in support of motion for preliminary injunction[29]
[+] 31 2024-06-06 SUMMONS Returned Executed by Fear of God, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/6/2024, answer due 6/27/2024.
32 2024-06-07 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [29] for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by June 11, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice.
[+] 33 2024-06-07 CERTIFICATE of Service by Plaintiff Fear of God, LLC regarding order on motion for preliminary injunction, text entry, [32]
34 2024-06-12 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 29 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 33 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Greer, Burns & Crain, Ltd., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.
[+] 35 2024-06-12 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 6/12/2024. Mailed notice.
36 2024-06-26 ATTORNEY Appearance for Defendant Nanjing Hanrun Paper Co., Ltd. by Christopher Paul Keleher
37 2024-06-26 MOTION by Defendant Nanjing Hanrun Paper Co., Ltd. for extension of time to file answer regarding complaint[1]
38 2024-06-27 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Nanjing Hanrun Paper Co., Ltd.'s motion for extension of time [37] is granted. Though the motion does not say whether Plaintiff objects, the Court prefers to resolve cases on their merits. Defendant's responsive pleading is now due by July 17, 2024. Mailed notice.
39 2024-06-28 ATTORNEY Appearance for Defendant Nanjing Hanrun Paper Co., Ltd. by Lan Li
[+] 40 2024-07-01 MOTION by Plaintiff Fear of God, LLC for entry of default, MOTION by Plaintiff Fear of God, LLC for default judgment as to all Defendants with the exception of a certain Defendant
[+] 41 2024-07-01 MEMORANDUM by Fear of God, LLC in support of motion for entry of default, motion for default judgment, [40]
[+] 42 2024-07-01 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[41]
43 2024-07-01 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [40] for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, 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 July 8, 2024. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice.
[+] 44 2024-07-01 CERTIFICATE of Service by Plaintiff Fear of God, LLC regarding order on motion for entry of default, order on motion for default judgment, text entry, [43]
45 2024-07-05 ATTORNEY Appearance for Defendant Baoding Banruoming Garment Design Co., Ltd. by Adam Edward Urbanczyk
46 2024-07-05 MOTION by Defendant Baoding Banruoming Garment Design Co., Ltd. for extension of time
47 2024-07-08 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Baoding Banruoming Garment Design Co., Ltd.'s opposed motion for an extension of time is granted. The Court prefers to resolve disputes on their merits. Defendant's responsive pleading is now due by July 25, 2024. Mailed notice.
48 2024-07-09 MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendant Baoding Banruoming Garment Design Co., Ltd. No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [40] 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 Defendants (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 $75,000 is an appropriate award of statutory damages. Enter Partial Final Judgment Order. Mailed notice.
49 2024-07-09 ENTERED PARTIAL JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 7/9/2024. Mailed notice.
50 2024-07-11 FULL SATISFACTION of Judgment regarding entered judgment[49] as to certain defendant
[+] 51 2024-07-17 MOTION by Defendant Nanjing Hanrun Paper Co., Ltd.TO MODIFY THE ASSET RESTRAINT
52 2024-07-18 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Nanjing Hanrun Paper Co., Ltd.'s answer was due by July 17, 2024 [see [38]], but nothing was filed. The motion to modify the asset restrain [51] is entered and continued until the responsive pleading or default judgment issue has been resolved. The parties are to confer on both matters (ideally to reach a resolution) and file a joint report by July 25, 2024 indicating when a responsive pleading or motion for default judgment can be filed. Mailed notice.
[+] 53 2024-07-23 MOTION by Defendant Nanjing Hanrun Paper Co., Ltd.Motion to Dismiss for lack of jurisdiction AND for failure to state a claim
54 2024-07-23 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Nanjing Hanrun Paper Co has filed a motion to dismiss [53] that does not comply with the Court's standing order requiring that any motion which is opposed must include an agreed upon briefing schedule. Defendant is reminded of its obligation to comply with the Court's standing orders. The joint report that the parties are to file on July 25, 2024 [see 52] must include a proposed briefing schedule. Mailed notice.
55 2024-07-24 ATTORNEY Appearance for Plaintiff Fear of God, LLC by Justin Tyler Joseph
56 2024-07-25 MOTION by Plaintiff Fear of God, LLC to compel Defendant Nanjing Hanrun Paper Co., Ltd. (Opposed)
[+] 57 2024-07-25 DECLARATION of Trevor C. Talhami regarding motion to compel[56]
58 2024-07-25 STATUS Report (Joint) Pursuant to [52] by Fear of God, LLC
59 2024-07-25 MINUTE entry before the Honorable Lindsay C. Jenkins: The Court reads the parties' joint status report to suggest that at least some of the information sought by the motion to compel will be useful if not necessary to resolve Defendant's motion to dismiss and to modify the asset restraint. To the extent this is the case, the Court urges the parties to sort out their differences without having to resort to court intervention. For example, the Court does not view the LR 37 meet and confer described in the motion as exhibiting a good faith effort to resolve the dispute. Indeed, it would seem that some discovery materials must be produced in order to decide whether Defendant "has not sold a single item of clothing or apparel to the Illinois, the United States, or anywhere else in the world, and is not in even the same industry as Plaintiff," as Defendant maintains. [Dkt. [58]]. Defendant's response to the motion to compel [56] is due by August 1, 2024. Any reply is due by August 5, 2024, though the parties are free to inform the Court that they have resolved their dispute at any time. The Court will set a briefing schedule on the remaining motions after resolving the motion to compel. Mailed notice.
60 2024-07-25 NOTICE of withdrawal of bond [24] by Justin R. Gaudio Greer Burns & Crain Ltd. (Exhibit) (Received at the Intake Counter on 7/25/2024)
61 2024-07-26 MOTION by Defendant Baoding Banruoming Garment Design Co., Ltd. for extension of time UNOPPOSED
62 2024-07-29 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Baoding Banruoming Garment Design Co.'s unopposed motion for extension of time [61] is granted. Defendant Baoding's responsive pleading is now due by August 9, 2024. Mailed notice.
63 2024-08-01 NOTICE of Voluntary Dismissal by Fear of God, LLC as to certain defendant
[+] 64 2024-08-01 RESPONSE by Nanjing Hanrun Paper Co., Ltd.in Opposition to MOTION by Plaintiff Fear of God, LLC to compel Defendant Nanjing Hanrun Paper Co., Ltd. (Opposed) [56]
65 2024-08-05 REPLY by Fear of God, LLC to response in opposition to motion, [64] to Compel [56]
66 2024-08-06 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to compel [56] is granted. Having reviewed the parties' filings, Defendant Nanjing Hanrun Paper Co does not dispute that it uses Plaintiff's trademark to help sell its products. Instead, Defendant Nanjing argues its products do not ultimately contain the trademark [compare 57-4 at 1, with 64 at 2-3]. But as Plaintiff notes in its reply brief, a Lanham Act violation occurs when a registered trademark is used "in connection with the sale" of a product. [65 at 1]. Accordingly, Defendant Nanjing must respond to Plaintiff's discovery requests, which are largely tailored to the issue of whether this Court has personal jurisdiction. Defendant Nanjing's discovery responses are due August 19, 2024. In so ruling, the Court reiterates its belief that this dispute can be resolved without Court intervention and it urges the parties to find a mutually agreeable solution. If necessary, by August 21, 2024, the parties are to propose a joint briefing schedule for Defendant Nanjing's motion to dismiss, where the reply brief must be filed before the end of September. Mailed notice
67 2024-08-08 FULL SATISFACTION of Judgment regarding entered judgment[49] as to certain defendants
68 2024-08-15 FULL SATISFACTION of Judgment regarding entered judgment[49] as to certain defendant
69 2024-08-21 MOTION by Plaintiff Fear of God, LLC to stay all deadlines and notice of settlement (Joint)
70 2024-08-22 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to stay [69] is granted because it appears the parties have reached a settlement. The motion to modify and the motion to dismiss [51] [53] are both denied without prejudice. By September 23, 2024 the parties are to file a status report as to the progress of settlement unless a stipulation of dismissal is filed sooner. Mailed notice.
71 2024-08-22 FULL SATISFACTION of Judgment regarding entered judgment[49] as to certain defendants
72 2024-08-26 STIPULATION of Dismissal as to a Certain Defendant (Joint)
73 2024-09-05 FULL SATISFACTION of Judgment regarding entered judgment[49] as to certain defendants
74 2024-09-12 FULL SATISFACTION of Judgment regarding entered judgment[49] as to certain defendant
75 2024-09-23 MINUTE entry before the Honorable Lindsay C. Jenkins: Stipulations as to the remaining Defendants have now been filed. There is nothing left for the Court to do, so the clerk is directed to close the case. Civil case terminated. Mailed notice.
76 2024-09-23 MAILED Trademark report with certified copy of minute order dated 09/23/2024 to Patent Trademark Office, Alexandria VA
77 2024-10-03 FULL SATISFACTION of Judgment regarding entered judgment[49] as to certain defendant
78 2024-11-14 FULL SATISFACTION of Judgment regarding entered judgment[49] as to certain defendant
79 2024-12-12 FULL SATISFACTION of Judgment regarding entered judgment[49] as to certain defendant
80 2024-12-20 FULL SATISFACTION of Judgment regarding entered judgment[49] as to certain defendant
81 2025-05-29 FULL SATISFACTION of Judgment regarding entered judgment[49] as to certain defendant (Faria De Souza, Luana)