TRO101 logo TRO101

2024-cv-06944

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:2024-08-07
原告:Mattel, Inc.
代理律所:GBC
诉讼类型:商标
# Date Description
[+] 1 2024-08-07 COMPLAINT filed by Mattel, Inc.; Filing fee $ 405, receipt number AILNDC-22336594.
2 2024-08-07 SEALED EXHIBIT by Plaintiff Mattel, Inc. Schedule A regarding complaint[1]
3 2024-08-07 MOTION by Plaintiff Mattel, Inc. for leave to file under seal
4 2024-08-07 CIVIL Cover Sheet
5 2024-08-07 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mattel, Inc.
6 2024-08-07 Notice of Claims Involving Trademarks by Mattel, Inc.
7 2024-08-07 ATTORNEY Appearance for Plaintiff Mattel, Inc. by Justin R. Gaudio
8 2024-08-07 ATTORNEY Appearance for Plaintiff Mattel, Inc. by Amy Crout Ziegler
9 2024-08-07 ATTORNEY Appearance for Plaintiff Mattel, Inc. by Rachel S Miller
[+] 10 2024-08-07 ATTORNEY Appearance for Plaintiff Mattel, Inc. by Berel Yonathan Lakovitsky
11 2024-08-08 MAILED trademark report to Patent Trademark Office, Alexandria VA
12 2024-08-08 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
13 2024-08-08 MOTION by Plaintiff Mattel, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
14 2024-08-08 MEMORANDUM by Mattel, Inc. in support of motion for temporary restraining order[13]
[+] 15 2024-08-08 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]
[+] 16 2024-08-08 DECLARATION of Adam Sapper regarding memorandum in support of motion[14]
17 2024-08-08 SEALED EXHIBIT by Plaintiff Mattel, Inc. Exhibit 2 - Parts 1-4 regarding declaration[16]
18 2024-08-08 MOTION by Plaintiff Mattel, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
19 2024-08-08 MEMORANDUM by Mattel, Inc. in support of motion for miscellaneous relief[18]
[+] 20 2024-08-08 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]
21 2024-08-08 NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[13], motion for miscellaneous relief[18], motion for leave to file[3] before Honorable Manish S. Shah on 8/13/2024 at 09:45 AM.
22 2024-08-09 MINUTE entry before the Honorable Manish S. Shah: No appearance on 8/13/24 is necessary. Plaintiff's ex parte motions are taken under advisement. Notices Mailed.
23 2024-08-12 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions [3] [13] [18] are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. 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 implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. The court finds that security in the amount of $50,000 is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices Mailed.
24 2024-08-12 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 8/12/2024. Notices Mailed.
[+] 25 2024-08-13 Registry Deposit Information Form by Mattel, Inc.
26 2024-08-21 MOTION by Plaintiff Mattel, Inc. for extension of time of Temporary Restraining Order
27 2024-08-21 MEMORANDUM by Mattel, Inc. in support of extension of time[26]
28 2024-08-21 DECLARATION of Rachel S. Miller regarding memorandum in support of motion[27]
29 2024-08-21 NOTICE of Motion by Rachel S Miller for presentment of extension of time[26] before Honorable Manish S. Shah on 8/28/2024 at 09:45 AM.
30 2024-08-22 SURETY BOND in the amount of $ 50,000 posted by Mattel, Inc. (Document not scanned).
31 2024-08-22 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time [26] is granted, and no appearance is necessary. The TRO is extended to 9/9/24. Notices Mailed.
32 2024-08-29 ATTORNEY Appearance for Plaintiff Mattel, Inc. by Justin Tyler Joseph
[+] 33 2024-08-30 MOTION by Plaintiff Mattel, Inc. for preliminary injunction
[+] 34 2024-08-30 MEMORANDUM by Mattel, Inc. in support of motion for preliminary injunction 33
[+] 35 2024-08-30 NOTICE of Motion by Rachel S Miller for presentment of motion for preliminary injunction 33 before Honorable Manish S. Shah on 9/10/2024 at 09:45 AM.
[+] 36 2024-08-30 SUMMONS Returned Executed by Mattel, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/30/2024, answer due 9/20/2024.
37 2024-09-06 MINUTE entry before the Honorable Manish S. Shah: Hearing on the motion for preliminary injunction [33] is reset to 9/11/24 at 9:45 a.m. Notices Mailed.
38 2024-09-06 ATTORNEY Appearance for Plaintiff Mattel, Inc. by Trevor Christian Talhami
39 2024-09-06 ATTORNEY Appearance for Defendant Taizhou Huangyan Moxin Plastic Products Firm by Baruch Simcha Gottesman
40 2024-09-08 STIPULATION regarding motion for preliminary injunction[33] Extending Time for Defendant Taizhou Huangyan Moxin Plastic Products Firm to Answer or otherwise to respond to Complaint until October 14, 2024; time to object to entry of Preliminary Injunction is extended until October 14, 2024; and failure to oppose entry of Preliminary Injunction and to not immediately move to Vacate is not Waiver of any Rights.
41 2024-09-11 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction [33] is granted in part. The court declines to impose a total asset restraint on defendants. The court will restrain and enjoin defendants' financial accounts with third-party platforms and providers, but upon a showing that restrained assets are not attributable to sales of infringing products, the asset restraint will be modified. 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. Pursuant to the parties' stipulation [40], defendant Taizhou Huangyan Moxin Plastic Products Firm has until 10/14/24 to respond to the complaint and to object to the preliminary injunction. Notices Mailed.
42 2024-09-11 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 9/11/2024. Notices Mailed.
[+] 43 2024-09-11 TRANSCRIPT OF PROCEEDINGS held on 09/11/2024 before the Honorable Manish S. Shah. Motion Hearing. Order Number: 49761, 49756. Court Reporter Contact Information: Colleen_Conway@ilnd.uscourts.gov or 312.435.5594. 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 10/2/2024. Redacted Transcript Deadline set for 10/14/2024. Release of Transcript Restriction set for 12/10/2024.
44 2024-09-19 NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendant
45 2024-09-26 ATTORNEY Appearance for Defendants Shenzhen Maiketeng Industrial Co., Ltd., Shenzhen Novecel Automation Equipment Technology Co., Ltd., Shenzhen Yuwei Trading Co., Ltd. by Hongchang Deng
46 2024-09-26 NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants
47 2024-10-03 NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendant
48 2024-10-04 MOTION by Defendants Shenzhen Maiketeng Industrial Co., Ltd., Shenzhen Novecel Automation Equipment Technology Co., Ltd., Shenzhen Yuwei Trading Co., Ltd. for extension of time to file answer [UNOPPOSED MOTION]
49 2024-10-07 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time to answer [48] is granted. Defendants Shenzhen Maiketeng Industrial Co., Ltd., Shenzhen Novecel Automation Equipment Technology Co., Ltd., and Shenzhen Yuwei Trading Co., Ltd. have until 10/15/24 to respond to the complaint. Defendant Taizhou Huangyan Moxin Plastic Products Firm also has until 10/15/24 to respond to the complaint. The court is closed on October 14, 2024. Notices Mailed.
50 2024-10-10 NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendant
51 2024-10-17 NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants
52 2024-11-05 MOTION by Defendants Shenzhen Maiketeng Industrial Co., Ltd., Shenzhen Novecel Automation Equipment Technology Co., Ltd., Shenzhen Yuwei Trading Co., Ltd. for extension of time to file answer [UNOPPOSED MOTION]
53 2024-11-06 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time [52] is granted. Defendants Shenzhen Maiketeng Industrial Co., Ltd., Shenzhen Novecel Automation Equipment Technology Co., Ltd., Shenzhen Yuwei Trading Co., Ltd. have until 11/7/24 to respond to the complaint. Notices mailed.
54 2024-11-07 NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants
55 2024-11-21 NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants
[+] 56 2024-12-04 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
[+] 57 2024-12-04 MEMORANDUM by Mattel, Inc. in support of motion for entry of default, motion for default judgment[56]
[+] 58 2024-12-04 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[57]
[+] 59 2024-12-04 NOTICE of Motion by Rachel S Miller for presentment of motion for entry of default, motion for default judgment[56] before Honorable Manish S. Shah on 12/10/2024 at 09:45 AM.
60 2024-12-10 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 [56] is granted. Plaintiff shall file a status report as to the remaining defendants by 12/17/24. Enter Default Judgment Order. Notices Mailed.
61 2024-12-10 FINAL JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 12/10/2024. Notices Mailed.
62 2024-12-17 STATUS Report Pursuant to [60] by Mattel, Inc.
63 2024-12-19 NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants
64 2024-12-19 MINUTE entry before the Honorable Manish S. Shah: Plaintiffs' claims having been fully resolved, this case is terminated.
[+] 65 2024-12-22 MAILED Closing Trademark report to Patent Trademark Office, Alexandria VA.
66 2025-01-16 FULL SATISFACTION of Judgment regarding order 61 in the amount of $50,000 as to certain defendant