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2024-cv-09543

Hallmark Licensing, 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:2024-10-04
原告:Hallmark Licensing, LLC
代理律所:GBC
诉讼类型:商标
# Date Description
[+] 1 2024-10-04 COMPLAINT filed by Hallmark Licensing, LLC ; Filing fee $ 405, receipt number AILNDC-22563218.
2 2024-10-04 SEALED EXHIBIT by Plaintiff Hallmark Licensing, LLC Schedule A regarding complaint[1]
3 2024-10-04 MOTION by Plaintiff Hallmark Licensing, LLC for leave to file under Seal
4 2024-10-04 CIVIL Cover Sheet
5 2024-10-04 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Hallmark Licensing, LLC
6 2024-10-04 Notice of Claims Involving Trademarks by Hallmark Licensing, LLC
7 2024-10-04 ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Justin R. Gaudio
8 2024-10-04 ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Amy Crout Ziegler
9 2024-10-04 ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Rachel S Miller
[+] 10 2024-10-04 ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Jennifer Van Nacht
11 2024-10-09 MOTION by Plaintiff Hallmark Licensing, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
12 2024-10-09 MEMORANDUM by Hallmark Licensing, LLC in support of motion for temporary restraining order[11]
[+] 13 2024-10-09 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12]
[+] 14 2024-10-09 DECLARATION of Stacey Howe regarding memorandum in support of motion[12]
15 2024-10-09 SEALED EXHIBIT by Plaintiff Hallmark Licensing, LLC Exhibit 3 - Parts 1-2 regarding declaration[14]
16 2024-10-09 MOTION by Plaintiff Hallmark Licensing, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
17 2024-10-09 MEMORANDUM by Hallmark Licensing, LLC in support of motion for miscellaneous relief[16]
[+] 18 2024-10-09 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17]
19 2024-10-09 NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[16], motion for leave to file[3], motion for temporary restraining order[11] before Honorable Jorge L. Alonso on 10/15/2024 at 09:30 AM.
20 2024-10-15 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's ex parte motions [3] [11] [16] are granted, and no appearance is necessary. 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 $90,000 -- $1,000 per defendant -- is sufficient to secure the injunctive relief. Motion hearing set for 10/15/24 is stricken. Notice mailed by Judge's staff
21 2024-10-15 SEALED TEMPORARY Restraining Order. Signed by the Honorable Jorge L. Alonso on 10/15/2024. Notice mailed by Judge's staff
22 2024-10-15 Registry Deposit Information Form by Hallmark Licensing, LLC
23 2024-10-17 INJUNCTION BOND in the amount of $ 90,000 posted by Hallmark Licensing, LLC (Document not scanned)
24 2024-10-24 MOTION by Plaintiff Hallmark Licensing, LLC for extension of time of Temporary Restraining Order
25 2024-10-24 MEMORANDUM by Hallmark Licensing, LLC in support of extension of time 24
26 2024-10-24 DECLARATION of Rachel S. Miller regarding memorandum in support of motion 25
27 2024-10-24 NOTICE of Motion by Rachel S Miller for presentment of extension of time 24 before Honorable Jorge L. Alonso on 10/29/2024 at 09:30 AM.
[+] 28 2024-10-28 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's Ex Parte Motion to extend the temporary restraining order 24 is granted. The temporary restraining order is extended for 14 days until 11/12/24. Motion hearing date of 10/29/24 is stricken. Notice mailed by Judge's staff
[+] 29 2024-11-06 MOTION by Plaintiff Hallmark Licensing, LLC for preliminary injunction as to Certain Defendants
[+] 30 2024-11-06 MEMORANDUM by Hallmark Licensing, LLC in support of motion for preliminary injunction[29]
[+] 31 2024-11-06 NOTICE of Motion by Rachel S Miller for presentment of motion for preliminary injunction[29] before Honorable Jorge L. Alonso on 11/12/2024 at 09:30 AM.
[+] 32 2024-11-06 SUMMONS Returned Executed by Hallmark Licensing, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/6/2024, answer due 11/27/2024.
33 2024-11-07 NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants
34 2024-11-12 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 11/12/24 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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. Notice mailed by Judge's staff
[+] 35 2024-11-12 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's Motion for entry of a preliminary injunction as to certain Defendants [29] is granted. Enter Preliminary injunction order. Plaintiff 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 at www.ilnd.uscourts.gov. Telephonic status hearing set for 12/12/24 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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. Notice mailed by Judge's staff
36 2024-11-12 PRELIMINARY Injunction Order. Signed by the Honorable Jorge L. Alonso on 11/12/2024. Notice mailed by Judge's staff
37 2024-11-14 NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants
38 2024-11-21 NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants
39 2024-12-05 NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants
40 2024-12-05 ATTORNEY Appearance for Defendants FENGBIN Co.Ltd, FUCHENG Co.Ltd, MINGXIAO Co.Ltd, SHENWO Co.Ltd, WEIER Co.Ltd by He Cheng
41 2024-12-05 MOTION by Defendants FENGBIN Co.Ltd, FUCHENG Co.Ltd, MINGXIAO Co.Ltd, SHENWO Co.Ltd, WEIER Co.Ltd for extension of time to file answer or otherwise respond to the complaint
42 2024-12-11 ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Thomas Joseph Juettner
43 2024-12-12 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 1/9/25 at 9:30 a.m. Defendants FUCHENG Co.Ltd, SHENWO Co.Ltd, MINGXIAO Co.Ltd, FENGBIN Co.Ltd and WEIER Co. Ltd 's Unopposed Motion for extension of time to answer or respond to Plaintiff's complaint [41] is granted to 12/28/24. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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. Notice mailed by Judge's staff
44 2024-12-19 NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants
45 2024-12-27 NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants
47 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.
[+] 46 2024-12-28 MOTION by Defendants FENGBIN Co.Ltd, FUCHENG Co.Ltd, MINGXIAO Co.Ltd, SHENWO Co.Ltd, WEIER Co.Ltd to dismiss for lack of jurisdiction
48 2025-01-03 NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendant
49 2025-01-06 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's response to Defendants FENGBIN Co., Ltd, FUCHENG Co., Ltd, MINGXIAO Co., Ltd, SHENWO Co., Ltd, WEIER Co., Ltd's Motion to dismiss under rule 12(b)(2) and incorporated memorandum of law [46] shall be filed by 2/3/25; Defendants' reply shall be filed by 2/18/25. Status hearing previously set for 1/9/25 is stricken. Notice mailed by Judge's staff
[+] 50 2025-01-07 SUMMONS Returned Executed by Hallmark Licensing, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/7/2025, answer due 1/28/2025.
51 2025-01-09 NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendant
52 2025-01-14 ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Madeline Halgren
53 2025-01-16 NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants
54 2025-02-03 RESPONSE by Hallmark Licensing, LLC in Opposition to MOTION by Defendants FENGBIN Co.Ltd, FUCHENG Co.Ltd, MINGXIAO Co.Ltd, SHENWO Co.Ltd, WEIER Co.Ltd to dismiss for lack of jurisdiction [46]
[+] 55 2025-02-03 DECLARATION of Justin R. Gaudio regarding response in opposition to motion[54]
[+] 56 2025-02-04 MOTION by Plaintiff Hallmark Licensing, LLC for entry of default, MOTION by Plaintiff Hallmark Licensing, LLC for default judgment as to all Defendants with the exception of certain Defendants
[+] 57 2025-02-04 MEMORANDUM by Hallmark Licensing, LLC in support of motion for entry of default, motion for default judgment, [56]
[+] 58 2025-02-04 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[57]
[+] 59 2025-02-04 NOTICE of Motion by Rachel S Miller for presentment of motion for entry of default, motion for default judgment, [56] before Honorable Jorge L. Alonso on 2/11/2025 at 09:30 AM.
60 2025-02-10 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 2/11/25 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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. Notice mailed by Judge's staff
61 2025-02-11 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. Plaintiff's Motion for entry of default and default judgment as to certain Defendants 56 is granted. Enter default judgment order. For the reasons stated on the record, Defendants' oral motion to withdraw Defendants' Motion to dismiss under rule 12(b)(2) and incorporated memorandum of law 46 is granted. Defendants' Motion to dismiss 46 is withdrawn. Telephonic status hearing set for 3/4/25 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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. Notice mailed by Judge's staff
62 2025-02-11 DEFAULT Judgment Order. Signed by the Honorable Jorge L. Alonso on 2/11/2025. Notice mailed by Judge's staff
63 2025-02-25 MOTION by Plaintiff Hallmark Licensing, LLC for attorney fees, MOTION by Plaintiff Hallmark Licensing, LLC for order to show cause pursuant to 28 U.S.C. § 1927 and the inherent power of the Court
[+] 64 2025-02-25 DECLARATION of Rachel S. Miller regarding motion for attorney fees, motion for order to show cause, [63]
65 2025-02-25 NOTICE of Motion by Rachel S Miller for presentment of motion for attorney fees, motion for order to show cause, [63] before Honorable Jorge L. Alonso on 3/4/2025 at 09:30 AM.
[+] 66 2025-03-04 RESPONSE by He Chengin Opposition to MOTION by Plaintiff Hallmark Licensing, LLC for attorney fees MOTION by Plaintiff Hallmark Licensing, LLC for order to show cause pursuant to 28 U.S.C. § 1927 and the inherent power of the Court 63
67 2025-03-04 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 3/12/25 at 9:30 a.m. Telephonic motion hearing held. Plaintiff's reply in support of Motion for attorneys' fees and to show cause pursuant to 28 U.S.C. § 1927 and the inherent power of the Court 63 shall be filed by 3/18/25. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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. Notice mailed by Judge's staff
[+] 68 2025-03-12 MOTION by Plaintiff Hallmark Licensing, LLC to approve consent judgment as to Certain Defendants
[+] 69 2025-03-12 MOTION by Plaintiff Hallmark Licensing, LLC for entry of default, MOTION by Plaintiff Hallmark Licensing, LLC for default judgment as to all Defendants
[+] 70 2025-03-12 MEMORANDUM by Hallmark Licensing, LLC in support of motion for entry of default, motion for default judgment[69]
[+] 71 2025-03-12 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[70]
[+] 72 2025-03-12 NOTICE of Motion by Rachel S Miller for presentment of motion for entry of default, motion for default judgment[69], motion to approve consent judgment[68] before Honorable Jorge L. Alonso on 3/18/2025 at 09:30 AM.
73 2025-03-12 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held and continued to 3/18/25 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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. Notice mailed by Judge's staff
74 2025-03-18 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. Plaintiff's Agreed Motion for entry of a consent judgment as to certain Defendants [68] is granted. Enter Consent Judgment. Plaintiff's Motion for entry of default and default judgment [69] is granted. Enter Final Default Judgment Order. Civil case terminated. Notice mailed by Judge's staff
75 2025-03-18 CONSENT Judgment. Signed by the Honorable Jorge L. Alonso on 3/18/2025. Notice mailed by Judge's staff
76 2025-03-18 CONSENT Judgment. Signed by the Honorable Jorge L. Alonso on 3/18/2025. Notice mailed by Judge's staff
77 2025-03-18 REPLY by Hallmark Licensing, LLC to response in opposition to motion, [66]
78 2025-03-19 MAILED trademark report with certified copy of minute order dated 3/18/25 to Patent Trademark Office, Alexandria VA
79 2025-03-19 MAILED copyright report with certified copy of minute order dated 3/18/25 to Registrar, Washington DC
80 2025-07-11 ORDER: Plaintiff's motion 63 for attorneys' fees and to show cause is denied. Signed by the Honorable Jorge L. Alonso on 7/11/2025. Notice mailed by Judge's staff