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2024-cv-06901

Medicom Toy Corporation 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：2024-08-07
原告：Medicom Toy Corporation
代理律所：HSP
诉讼类型：商标
# Date Description
[+] 1 2024-08-07 COMPLAINT filed by Medicom Toy Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22332810.
2 2024-08-07 CIVIL Cover Sheet
3 2024-08-07 ATTORNEY Appearance for Plaintiff Medicom Toy Corporation by Michael A. Hierl
4 2024-08-07 ATTORNEY Appearance for Plaintiff Medicom Toy Corporation by William Benjamin Kalbac
5 2024-08-07 ATTORNEY Appearance for Plaintiff Medicom Toy Corporation by Robert Payton Mcmurray
6 2024-08-07 ATTORNEY Appearance for Plaintiff Medicom Toy Corporation by John Wilson
7 2024-08-07 MOTION by Plaintiff Medicom Toy Corporation to seal document Plaintiff's Motion for Leave to File Under Seal
8 2024-08-07 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Sealed Schedule A
[+] 9 2024-08-07 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Medicom Toy Corporation
10 2024-08-08 MAILED trademark report to Patent Trademark Office, Alexandria VA
11 2024-08-08 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
12 2024-09-05 MOTION by Plaintiff Medicom Toy Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
13 2024-09-05 MOTION by Plaintiff Medicom Toy Corporation 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
35 2024-09-06 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions are granted in part, and no appearance is necessary. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, defendants would take steps to defeat plaintiff's interests in identifying defendants and stopping the infringement. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and conduct an accounting. But the court concludes that an asset restraint is not necessary or appropriate given the harm to defendants from something as extreme as a total restraint on their assets. It is sufficient to conduct an accounting by obtaining records of sales and financial transactions (including from third-party platforms and payment processors); freezing assets is not necessary to account for infringing sales. What matters is the ability to know what was sold and for how much. Freezing accounts is not necessary to accomplish that goal. The court also notes that plaintiff is more likely trying to make collection of damages easier, which is not an appropriate reason to restrain assets. Security in the amount of $10,000 is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices Mailed.
36 2024-09-06 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 9/6/2024. Notices Mailed.
37 2024-09-13 INJUNCTION BOND in the amount of $ 10,000 posted by Medicom Toy Corporation (Document not scanned)
38 2024-09-17 MOTION by Plaintiff Medicom Toy Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
40 2024-09-18 MINUTE entry before the Honorable Manish S. Shah: The motion to extend the TRO 38 is granted and no appearance on the motion is necessary. The TRO is extended to 10/4/24. Mailed notice
[+] 41 2024-10-01 MOTION by Plaintiff Medicom Toy Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-13, 25-49, 52, 55-77 and 132-213
42 2024-10-01 MEMORANDUM by Medicom Toy Corporation in support of motion for preliminary injunction 41
43 2024-10-01 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 41
44 2024-10-01 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 41 before Honorable Manish S. Shah on 10/8/2024 at 09:45 AM.
45 2024-10-02 SUMMONS Returned Executed by Medicom Toy Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 10/1/2024, answer due 10/22/2024.
46 2024-10-08 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction 41 is granted in part. The court declines to impose any asset restraint on defendants. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A 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. Notices Mailed.
[+] 47 2024-10-08 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 10/8/2024. Notices Mailed.
48 2024-10-11 NOTICE of Voluntary Dismissal by Medicom Toy Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 75
49 2024-10-23 NOTICE of Voluntary Dismissal by Medicom Toy Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
50 2024-11-06 MOTION by Plaintiff Medicom Toy Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 14-24 and 78-131
51 2024-11-06 MEMORANDUM by Medicom Toy Corporation in support of motion for preliminary injunction 50
52 2024-11-06 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 50
53 2024-11-06 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 50 before Honorable Manish S. Shah on 11/12/2024 at 09:45 AM.
54 2024-11-06 NOTICE of Voluntary Dismissal by Medicom Toy Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
55 2024-11-07 SUMMONS Returned Executed by Medicom Toy Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 11/6/2024, answer due 11/27/2024.
56 2024-11-12 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction 50 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A 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. Notices Mailed.
[+] 57 2024-11-12 PRELIMINARY INJUNCTION ORDER AGAINST DEFENDANT NOS. 14-24 AND 78-131. Signed by the Honorable Manish S. Shah on 11/12/2024. Notices Mailed.
58 2024-12-04 CERTIFICATE of Service by William Benjamin Kalbac on behalf of Medicom Toy Corporation
59 2024-12-04 CERTIFICATE of Service by John Wilson on behalf of Medicom Toy Corporation
[+] 60 2024-12-04 MOTION by Plaintiff Medicom Toy Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A
[+] 61 2024-12-04 MEMORANDUM by Medicom Toy Corporation in support of motion for default judgment, 60
[+] 62 2024-12-04 DECLARATION of Michael A. Hierl regarding motion for default judgment, 60
63 2024-12-04 NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 60 before Honorable Manish S. Shah on 12/11/2024 at 09:45 AM.
64 2024-12-11 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, the motion for entry of default judgment 60 is granted. Enter Default Judgment Order. Terminate civil case. Notices Mailed.
65 2024-12-11 FINAL JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 12/11/2024. Notices Mailed.
66 2025-01-29 SATISFACTION of Judgment
67 2025-02-06 SATISFACTION of Judgment
68 2025-03-21 SATISFACTION of Judgment