Monster Energy Company v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Monster Energy Company |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", chengduxigaoqitaishangmaoyouxiangongsi, Shop5874295 Store, VIVILU, Denonet, Worldest's First Patch Store, hewenlongshangmaobu, Kpop Harajuku Clothes Store, Iqqou Store, Haloudc, One Choose, Forbest YA, Taewon Park ST, piprintondemand, Fenteng Club, Djioho, THRASHER Store, Beatyhtc, Outdoor&Tech Direct, Guanting Store, Best Body Jewelry Store, Hezu jr, Haomeng Intelligent Technology, FansHood, Nine-Points, Peter 21 Store, ATMACAS Store, Hanji Biote, YOUFULAI Indoor & Outdoor Life Store, oemzlkg, t-shirt003 Store, ren libins0s21v, changshubeiluoermaoyiyouxiangongsi, lu zhiyong, afaeqeqr232, Shop910450107 Store, Azzjake Store, Printed Clothes World Store, PollyTrade Store, Shop910720152 Store, Suublg, Shop910359286 Store, X-ShuFen, CHUNSHAN, TYGFHDR, Loveable Sweets Store, A-A Store, Motorcuengin Store, truelight, Harajuku Clothes Store, YKCOOPER PARTS Store and Shop910353126 Store |
| 1:2020cv06970 |
| November 24, 2020 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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This docket was last retrieved on August 6, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 48 NOTICE of withdrawal of surety bond #28 by John Summerfield of Greer, Burns & Crain, Ltd. (lma, ) |
| Filing 47 NOTICE of Voluntary Dismissal by Monster Energy Company as to certain defendant (Martin, Allyson) |
| Filing 46 FULL SATISFACTION of Judgment regarding order #44 in the amount of $200,000 as to certain defendant (Martin, Allyson) |
| Filing 45 FULL SATISFACTION of Judgment regarding order #44 in the amount of $200,000 as to certain defendants (Martin, Allyson) |
| Filing 44 FINAL JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 1/27/2021. Notices mailed. (psm, ) |
| Filing 43 MINUTE entry before the Honorable Manish S. Shah: No defendant has responded to plaintiff's motion for entry of default judgment. The motion #39 is granted. Based on the evidence submitted in support of the temporary restraining order 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 and copyrights irreparably harms plaintiff and confuses the public. The 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, the strong value of the 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. Enter Final Judgment Order. Terminate civil case. Notices mailed. (psm, ) |
| Filing 42 MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for entry of default must be filed by 1/26/21. If no objections are filed, the motion will be considered unopposed. Notices mailed. (psm, ) |
| Filing 41 NOTICE by Monster Energy Company re MOTION by Plaintiff Monster Energy Company for entry of default MOTION by Plaintiff Monster Energy Company for default judgment as to all Defendants #39 (Gaudio, Justin) |
| Filing 40 MEMORANDUM by Monster Energy Company in support of motion for entry of default, motion for default judgment #39 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 39 MOTION by Plaintiff Monster Energy Company for entry of default , MOTION by Plaintiff Monster Energy Company for default judgment as to all Defendants (Gaudio, Justin) |
| Filing 38 NOTICE of Voluntary Dismissal by Monster Energy Company as to certain defendants (Martin, Allyson) |
| Filing 37 NOTICE of Voluntary Dismissal by Monster Energy Company as to certain defendant (Martin, Allyson) |
| Filing 36 NOTICE of Voluntary Dismissal by Monster Energy Company as to certain defendant (Martin, Allyson) |
| NEW PARTIES: Best Body Jewelry Store, YKCOOPER PARTS Store, Iqqou Store, A-A Store, Harajuku Clothes Store, YOUFULAI Indoor & Outdoor Life Store, PollyTrade Store, Loveable Sweets Store, THRASHER Store, Printed Clothes World Store, Kpop Harajuku Clothes Store, Peter 21 Store, Shop5874295 Store, Worldest's First Patch Store, t-shirt003 Store, Azzjake Store, Shop910353126 Store, Shop910359286 Store, Motorcuengin Store, Guanting Store, Shop910450107 Store, Shop910720152 Store, ATMACAS Store, changshubeiluoermaoyiyouxiangongsi, Hanji Biote, TYGFHDR, Nine-Points, CHUNSHAN, FansHood, hewenlongshangmaobu, afaeqeqr232, Outdoor&Tech Direct, Haloudc, truelight, Forbest YA, Taewon Park ST, Hezu jr, chengduxigaoqitaishangmaoyouxiangongsi, oemzlkg, Beatyhtc, VIVILU, One Choose, Denonet, Fenteng Club, X-ShuFen, Djioho, Suublg, lu zhiyong, Haomeng Intelligent Technology, ren libins0s21v and piprintondemand added to case caption. (Ziegler, Amy) |
| Filing 35 PRELIMINARY INJUNCTION Order. Signed by the Honorable Manish S. Shah on 12/30/2020. Notices mailed. (psm, ) |
| Filing 34 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction #30 is granted. No defendant has appeared or objected to the motion. The evidence submitted in support of the TRO also supports the entry of a preliminary injunction including the relief ordered by the TRO (e.g., expedited discovery, asset restraint, and electronic service of process). Enter preliminary injunction. 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. Notices mailed. (psm, ) |
| Filing 33 MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction must be filed by 12/29/20. If no objections are filed, the motion will be considered unopposed. Plaintiff has given notice of the motion to defendants by electronic means, and served defendants with the complaint by electronic means. The court unseals the TRO entered on 12/01/20, #23 , and now finds that there is good cause to convert the TRO to a preliminary injunction while the motion for a preliminary injunction is pending or until 01/6/21, whichever is earlier. Defendants have notice, plaintiff's evidence demonstrates a strong likelihood of success on the merits and irreparable harm from the lack of injunctive relief, and if the injunctive relief is even temporarily suspended while the motion is pending, it is likely that defendants will evade plaintiff's efforts to identify them and conduct an accounting. Notices mailed. (psm, ) |
| Filing 32 NOTICE by Monster Energy Company re MOTION by Plaintiff Monster Energy Company for preliminary injunction #30 (Gaudio, Justin) |
| Filing 31 MEMORANDUM by Monster Energy Company in support of motion for preliminary injunction #30 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 30 MOTION by Plaintiff Monster Energy Company for preliminary injunction (Gaudio, Justin) |
| Filing 29 SUMMONS Returned Executed by Monster Energy Company as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 12/22/2020, answer due 1/12/2021. (Attachments: #1 Declaration of Thomas J. Juettner)(Juettner, Thomas) |
| Filing 28 SURETY BOND in the amount of $ $10,000.00 posted by Monster Energy Company (tg, ) |
| Filing 27 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #24 is granted. The temporary restraining order is extended to 12/29/20. Notices mailed. (psm, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (cm, ) |
| Filing 26 NOTICE by Monster Energy Company re MOTION by Plaintiff Monster Energy Company for extension of time of Temporary Restraining Order #24 (Gaudio, Justin) |
| Filing 25 MEMORANDUM by Monster Energy Company in support of extension of time #24 (Attachments: #1 Exhibit of Justin R. Gaudio)(Gaudio, Justin) |
| Filing 24 MOTION by Plaintiff Monster Energy Company for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Filing 23 SEALED Temporary Restraining Order. Signed by the Honorable Manish S. Shah on 12/1/2020. Notices mailed. (psm, ) |
| Filing 22 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal, motion for a temporary restraining order, domain name transfer, asset restraint, and expedited discovery, and motion for electronic service of process #3 #9 #14 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 establish a strong likelihood of success on the merits (including evidence of active infringement of plaintiff's intellectual property and sales into Illinois), 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 trademarks and copyrights. 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. The court has doubts about the propriety of joinder (especially of sellers selling disparate products ranging from shower curtains and small patches to apparel) and whether plaintiff genuinely intends to pursue an accounting (justifying an asset freeze), but at this preliminary stage the court is persuaded that plaintiff has sufficient indicia of coordinated activity and prospect of an accounting to justify the requested relief as to all 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 and joinder. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices mailed. (psm, ) |
| Filing 21 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (aee, ) |
| Filing 20 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (Attachments: #1 Trademarks)(aee, ) |
| Filing 19 Notice of Claims Involving Trademarks by Monster Energy Company (Gaudio, Justin) |
| Filing 18 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Monster Energy Company (Gaudio, Justin) |
| Filing 17 NOTICE by Monster Energy Company re MOTION by Plaintiff Monster Energy Company for leave to file Under Seal #3 , MOTION by Plaintiff Monster Energy Company for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #9 , MOTION by Plaintiff Monster Energy Companyfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #14 (Gaudio, Justin) |
| Filing 16 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 15 MEMORANDUM by Monster Energy Company in support of motion for miscellaneous relief #14 (Gaudio, Justin) |
| Filing 14 MOTION by Plaintiff Monster Energy Companyfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 13 SEALED EXHIBIT by Plaintiff Monster Energy Company Exhibit 3 - Parts 1 - 3 regarding declaration #12 (Attachments: #1 Exhibit 3-1, #2 Exhibit 3-2, #3 Exhibit 3-3)(Gaudio, Justin) |
| Filing 12 DECLARATION of Bruce Kingsland regarding memorandum in support of motion #10 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 11 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #10 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 10 MEMORANDUM by Monster Energy Company in support of motion for temporary restraining order #9 (Gaudio, Justin) |
| Filing 9 MOTION by Plaintiff Monster Energy Company for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 8 ATTORNEY Appearance for Plaintiff Monster Energy Company by Thomas Joseph Juettner (Juettner, Thomas) |
| Filing 7 ATTORNEY Appearance for Plaintiff Monster Energy Company by Allyson M. Martin (Martin, Allyson) |
| Filing 6 ATTORNEY Appearance for Plaintiff Monster Energy Company by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 5 ATTORNEY Appearance for Plaintiff Monster Energy Company by Justin R. Gaudio (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Monster Energy Company for leave to file Under Seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Monster Energy Company Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Monster Energy Company; Filing fee $ 400, receipt number 0752-17679451. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (ke, ) |
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