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[+]
1
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2024-08-15 |
COMPLAINT filed by Sega Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22365528. |
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(Exhibit 1) |
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2
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2024-08-15 |
CIVIL Cover Sheet |
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3
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2024-08-15 |
ATTORNEY Appearance for Plaintiff Sega Corporation by Michael A. Hierl |
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4
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2024-08-15 |
ATTORNEY Appearance for Plaintiff Sega Corporation by William Benjamin Kalbac |
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5
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2024-08-15 |
ATTORNEY Appearance for Plaintiff Sega Corporation by Robert Payton Mcmurray |
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6
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2024-08-15 |
ATTORNEY Appearance for Plaintiff Sega Corporation by John Wilson |
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7
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2024-08-15 |
MOTION by Plaintiff Sega Corporation to seal document Plaintiff's Motion for Leave to File Under Seal |
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8
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2024-08-15 |
SEALED DOCUMENT by Plaintiff Sega Corporation Sealed Schedule A |
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[+]
9
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2024-08-15 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sega Corporation |
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CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.) |
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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (Text entry; no document attached.) |
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10
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2024-08-15 |
MOTION by Plaintiff Sega Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
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11
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2024-08-15 |
MOTION by Plaintiff Sega 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 |
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[+]
12
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2024-08-15 |
MEMORANDUM by Sega Corporation in support of motion for temporary restraining order, 11 |
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Declaration Paragoso Declaration |
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Exhibit 1 |
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Declaration Hierl Declaration |
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Exhibit Hierl Exhibit 1 |
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Exhibit Hierl Exhibit 2 |
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Exhibit Hierl Exhibit 3 |
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(Exhibit Hierl Exhibit 4) |
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13
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2024-08-15 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 Part 1 of Paragoso Declaration |
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14
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2024-08-15 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 Part 2 of Paragoso Declaration |
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15
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2024-08-15 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 Part 3 of Paragoso Declaration |
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16
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2024-08-15 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 Part 4 of Paragoso Declaration |
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17
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2024-08-15 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 Part 5 of Paragoso Declaration |
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18
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2024-08-15 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 Part 6 of Paragoso Declaration |
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19
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2024-08-15 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 Part 7 of Paragoso Declaration |
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20
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2024-08-15 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 Part 8 of Paragoso Declaration |
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21
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2024-08-15 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 Part 9 of Paragoso Declaration |
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22
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2024-08-15 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 Part 10 of Paragoso Declaration |
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23
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2024-08-15 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 Part 11 of Paragoso Declaration |
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24
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2024-08-15 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 Part 12 of Paragoso Declaration |
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25
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2024-08-15 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 Part 13 of Paragoso Declaration |
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26
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2024-08-15 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 Part 14 of Paragoso Declaration |
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27
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2024-08-15 |
Notice of Claims Involving Trademarks by Sega Corporation |
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28
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2024-08-15 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff should review the Court's standing order on "Schedule A" Cases, available at https://www.ilnd.uscourts.gov/judge-info.aspx?IuUaWzNcEoPr4PHl9tvcGaMUezk8AnJ1 under the "Case Procedures" tab. As explained there, Plaintiff must complete and file the template linked on that page before the Court will consider granting any motion for preliminary injunctive relief. If the template is not completed by August 28, 2024, the Court may dismiss this matter for failure to prosecute. |
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29
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2024-08-16 |
MAILED trademark report to Patent Trademark Office, Alexandria VA |
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30
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2024-08-16 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
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31
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2024-08-28 |
Schedule A Supplement by Sega Corporation |
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34
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2024-09-09 |
MOTION by Plaintiff Sega Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
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35
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2024-09-09 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for extension for the TRO 34 is granted. The TRO is extended to September 26, 2024. Mailed notice. |
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36
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2024-09-10 |
SURETY BOND in the amount of $ 10,000.00 posted by Sega Corporation. (Document not imaged) |
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37
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2024-09-23 |
MOTION by Plaintiff Sega Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
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38
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2024-09-23 |
DECLARATION of John Wilson regarding extension of time 37 |
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39
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2024-09-24 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO 37 is granted. The TRO is extended to October 10, 2024. Mailed notice. |
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[+]
40
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2024-10-07 |
AMENDED complaint by Sega Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
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(Exhibit 1) |
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41
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2024-10-09 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The TRO in this case is set to expire on October 10, 2024, and Plaintiff has now filed an amended complaint. A status report or appropriate motion as to next steps is due by October 11, 2024. Mailed notice. |
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42
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2024-10-11 |
STATUS Report by Sega Corporation |
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43
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2024-10-18 |
MOTION by Plaintiff Sega Corporation to seal document Plaintiff's Renewed Motion for Leave to File Under Seal |
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44
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2024-10-18 |
MOTION by Plaintiff Sega Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
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45
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2024-10-18 |
MOTION by Plaintiff Sega Corporation for temporary restraining order Plaintiff's Renewed 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 |
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[+]
46
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2024-10-18 |
MEMORANDUM by Sega Corporation in support of motion for temporary restraining order, 45 |
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Declaration Paragoso Declaration |
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Exhibit 1 |
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Declaration Hierl Declaration |
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Exhibit Hierl Exhibit 1 |
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Exhibit Hierl Exhibit 2 |
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Exhibit Hierl Exhibit 3 |
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(Exhibit Hierl Exhibit 4) |
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47
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2024-10-18 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 part 1 of Paragoso Declaration |
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48
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2024-10-18 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 part 2 of Paragoso Declaration |
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49
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2024-10-18 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 part 3 of Paragoso Declaration |
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50
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2024-10-18 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 part 4 of Paragoso Declaration |
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51
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2024-10-18 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 part 5 of Paragoso Declaration |
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52
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2024-10-18 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 part 6 of Paragoso Declaration |
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53
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2024-10-18 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 part 7 of Paragoso Declaration |
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54
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2024-10-18 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 part 8 of Paragoso Declaration |
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55
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2024-10-18 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 part 9 of Paragoso Declaration |
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56
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2024-10-18 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 part 10 of Paragoso Declaration |
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57
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2024-10-18 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 part 11 of Paragoso Declaration |
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58
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2024-10-18 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 part 12 of Paragoso Declaration |
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59
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2024-10-18 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 part 13 of Paragoso Declaration |
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60
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2024-10-18 |
SEALED DOCUMENT by Plaintiff Sega Corporation Exhibit 2 part 14 of Paragoso Declaration |
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61
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2024-10-21 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for leave to file under seal 43, renewed ex parte motion for a temporary restraining order 45, and motion for excess pages 44 are granted. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries [ 47 through 60 ]. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and 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 effectively communicates the pendency of this action to Defendants. As other judges in this District have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice. |
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62
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2024-10-21 |
SEALED Temporary Restraining Order. Signed by the Honorable Lindsay C. Jenkins on 10/21/2024. Mailed notice. |
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63
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2024-10-24 |
SURETY BOND in the amount of $117,000 posted by Sega Corporation (Document not scanned). |
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64
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2024-10-30 |
MOTION by Plaintiff Sega Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
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65
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2024-10-30 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO 64 is granted. The TRO is extended to November 18, 2024. Mailed notice. |
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66
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2024-11-18 |
MOTION by Plaintiff Sega Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
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67
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2024-11-18 |
MEMORANDUM by Sega Corporation in support of motion for preliminary injunction 66 |
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68
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2024-11-18 |
DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 66 |
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69
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2024-11-18 |
SUMMONS Returned Executed by Sega Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 11/18/2024, answer due 12/9/2024. |
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70
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2024-11-19 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 66 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 November 21, 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. |
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71
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2024-11-19 |
CERTIFICATE of Service by John Wilson on behalf of Sega Corporation |
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72
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2024-11-22 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 66 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 71 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 Hughes Socol Piers Resnick & Dym, 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. |
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[+]
73
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2024-11-22 |
PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 11/22/2024. Mailed notice. |
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NEW PARTIES: ZHIO Official Store, yuan46 Store, Yolouxiku Game Store, YNDFCNB Luxury PC 21 Store, Yaya Sticker Store, YaHua Home Store, Xiaoli Poster Store, WishShape WTee Store, WishShape TeeZone Store, Wik Store, Unlimited Anime Gift Store, Uniform Store(0), TU RUNRUN Store, Trendy Pinellia Ternata Store, Trendy Home Decoration Store, Treature Detectors Store, TOP POSTER 6 Store, Syson Store, SUNNY NO.7 Store Store, StickerPlus Store, Spring Wall Decor Store, SomeRecom Store, Smlz cos Store(0), Smile Style Store, SLBD Store, Skin It Store, Shop912343379 Store, Shop910897019 Store, Shop5598174 Store, Shop1104007324 Store, Shop1103994890 Store, Shop1103994349 Store, Shop1103950084 Store, Shop1103947096 Store, Shop1103945202 Store, Shop1103882756 Store, Shop1103881275 Store, Shop1103876533 Store, Shop1103876278 Store, Shop1103865135 Store, Shop1103862780 Store, Shop1103856536 Store, Shop1103856147 Store, Shop1103851081 Store, Shop1103850616 Store, Shop1103846628 Store, Shop1103844684 Store, Shop1103840928 Store, Shop1103811500 Store, Shop1103786048 Store and Shop1103778618 Store added to case caption. (Text entry; no document attached.) |
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NEW PARTIES: Shop1103743536 Store, Shop1103741228 Store, Shop1103739743 Store, Shop1103739455 Store, Shop1103726922 Store, Shop1103720465 Store, Shop1103718594 Store, Shop1103716509 Store, Shop1103714231 Store, Shop1103714104 Store, Shop1103713474 Store, Shop1103713210 Store, Shop1103710270 Store, Shop1103709335 Store, Shop1103699008 Store, Shop1103692223 Store, Shop1103677341 Store, Shop1103675096 Store, Shop1103673434 Store, Shop1103665256 Store, Shop1103657004 Store, Shop1103633404 Store, Shop1103620973 Store, Shop1103619383 Store, Shop1103619096 Store, Shop1103617368 Store, Shop1103603159 Store, Shop1103587156 Store, Shop1103582543 Store, Shop1103581694 Store, Shop1103580378 Store, Shop1103534130 Store, Shop1103467014 Store, Shop1103441222 Store, Shop1103439241 Store, Shop1103433053 Store(0), Shop1103396259 Store, Shop1103297215 Store, Shop1103294179 Store, Shop1103288078 Store, Shop1103284131 Store, Shop1103284093 Store, Shop1103279231 Store, Shop1103222119 Store, Shop1103216239 Store, Shop1103209681 Store, Shop1103202058 Store, Shop1103079396 Store, Shop1103043498 Store and Shop1103043492 Store added to case caption. (Text entry; no document attached.) |
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NEW PARTIES: Shop1102993703 Store, Shop1102909877 Store, Shop1102902491 Store, Shop1102891323 Store, Shop1102887263 Store, Shop1102883197 Store, Shop1102878564 Store, Shop1102860475 Store, Shop1102856453 Store, Shop1102846992 Store, Shop1102844536 Store, Shop1102842952 Store, Shop1102826689 Store, Shop1102816646 Store, Shop1102809132 Store, Shop1102809067 Store, Shop1102789458 Store, Shop1102716426 Store, Shop1102699135 Store, Shop1102673363 Store, Shop1102666389 Store, Shop1102647805 Store, Shop1102583099 Store, Shop1102485353 Store, Shop1102469203 Store, Shop1102460223 Store, Shop1102423573 Store, Shop1102410923 Store, Shop1102408036 Store, Shop1102373654 Store, Shop1102372542 Store, Shop1102334817 Store, Shop1102165810 Store, Shop1102119816 Store, Shop1100365135 Store, Shop110000172 Store, Shop Ying 019 Store, Sdongone Store, Sagrada Store, RC123H Store, RC 45 OOTD Store, Personalized Clothes Customization Studio Store, Personalized Canvas Customization Store, My Creativity 79 Store, Mr Zheng Oil Painting Store, Modeling House Store, MM Kawaii Toys Store, ML STICKERS Store, MISSX6W3 Store and Mingjun Animation Store added to case caption. (Text entry; no document attached.) |
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NEW PARTIES: Miku Phone Shell Store, MENS HOME Store, Man019 Store, Make Design Store, Lucky-158 Store, Lucky 35 Store, Lovely Girl Z032 Store, LLDOK Store, LK023 Store, LJHYDFCNB Mouse Pad 357 Store, LHY COS WIG Store, LEIER Store, Lebel Store, LaughLab Tees Store, LakeSide Store, Jupiter1011 Store, Invincible Toys Store, Interesting Canvas Painting Store, HZQT03 Store, HZQT02 Store, HZCL Specialty Store, HZ001 Store, Hugh Shopping Mall Store, HuaFive Store, Home Of Wardrobe Store, High end clothing Y5 Store(0), HEIKA PC14 Store, HEIKA ALILI QTPC10 Store, Haruko Toy Store Store(0), Happy Shopping Apparel Store, Happy life International Trade Co. Ltd.(0), FHNBLJ Flexible RGB 22 Store, Feng03 Store, EEEE Store, DX T Short Store, DX SHORT ONE Store, Disney Canvas Painting Store, DINGHE ALILI QTPC15 Store, Design Cushion Cover Store, Cyclone Store, CSMY Home Textile Store, Creative Tee Creations Store, Cotton T-shirt Clothing ZQ5 Store(0), COSPLAYONSEN Official Store, Cool 3c Diy Store, ConsoleSkin Store, Clothing Design K8 Store, CHUFENG ALILI 21 Store and CHENLIANG Store added to case caption. (Text entry; no document attached.) |
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NEW PARTIES: Chace Store, Burning-Wang Store, BuDucoost002 Store, Boutique Home Textile Shop Store, Blue Rabbit Plush Doll Store, Best McGill Store, BBTT Store, Babaite Xhiuwgh Store, Babaite Simple Case 308 Store, Babaite RC21 Store, BABAITE ALILI SPORT 4 Store, Autumn Wall Decor Store Store, Animeee Store, Anime Toy Dropshipping Store, Anime Poster Choice Store, Anime Girly Heart Store, Amy's Toy Store Store, ALILI POSTER 7 Store, ALILI POSTER 6 Store, A Little Interesting Store, 0227 High Quality T-shirts Store, WAHAHA2 Store, Shop1103949251 Store, Shop1103929212 Store, Shop1103846559 Store, Shop1103755041 Store, Shop1103753176 Store, Shop1103753092 Store, Shop1103752123 Store, Shop1103752004 Store, Shop1103751066 Store, Shop1103748123 Store, Shop1103746142 Store, Shop1103742918 Store, Shop1103713401 Store, Shop1103580442 Store, Shop1103468596 Store, Shop1103313880 Store, Shop1103181317 Store, Shop1102909770 Store, Shop Ying 024 Store, Rainbow BAG Store, Mr. Li&39s Fashion Store, Met You Store, Lingdian Animation Boutique Toy Collection Store, Hello00 Store, Dragon Proud Nine Heavens Store, Ding Huo Huo Canvas Painting Store, Art Decoration Poster Store and ALIEX PREESS B058 Store added to case caption. (Text entry; no document attached.) |
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74
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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. |
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75
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2025-02-12 |
CERTIFICATE of Service by John Wilson on behalf of Sega Corporation |
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[+]
76
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2025-02-12 |
MOTION by Plaintiff Sega Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A |
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(Exhibit A) |
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[+]
77
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2025-02-12 |
MEMORANDUM by Sega Corporation in support of motion for default judgment 76 |
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Exhibit 1 |
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(Exhibit 2) |
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[+]
78
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2025-02-12 |
DECLARATION of Michael A. Hierl regarding motion for default judgment 76 |
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(Exhibit Hierl Exhibit 1) |
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79
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2025-02-12 |
NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 76 before Honorable Lindsay C. Jenkins on 2/19/2025 at 09:30 AM. |
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80
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2025-02-12 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 76 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 February 19, 2025. If no objections are filed by that date, the court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by February 14, 2025. A hearing may be requested by filing a Request for Hearing as a separate entry on the docket. 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. |
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81
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2025-02-13 |
CERTIFICATE of Service by William Benjamin Kalbac on behalf of Sega Corporation |
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82
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2025-02-20 |
MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 76 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 $100,000 is an appropriate award of statutory damages. The Clerk is directed to return the surety bond posted. Enter Final Judgment Order. Mailed notice. |
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83
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2025-02-20 |
ENTERED JUDGMENT on 2/20/2025. Mailed notice. |
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[+]
84
|
2025-02-21 |
MAILED Trademark report to Patent Trademark Office, Alexandria VA |
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MAILED original One Hundred Seventeen Thousand ($117,000) surety bond posted by Sega Corporation to Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602 via certified mail (#9589 0710 5270 0579 7833 70) (Text entry; no document attached.) |
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85
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2025-03-06 |
RETURN of U.S. Post Office Receipt, article no. 89 0710 5270 0579 7833 70. |
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86
|
2025-03-31 |
SATISFACTION of Judgment |
