Pink Floyd (1987) Limited v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Pink Floyd (1987) Limited |
| The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 1:2021cv01927 |
| April 12, 2021 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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This docket was last retrieved on May 19, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 30 ENTERED JUDGMENT Signed by the courtroom deputy on 05/19/2021. Emailed notice (mw, ) |
Filing 29
ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, the motion for default judgment order #26 is granted in part and denied in part. Judgment entered in favor of Plaintiff and against each of the Defendants identified in the first amended Schedule A in the amount of $10,000 each, as explained in the Order. The provisions granting post-collection measures are rejected; instead of roving authority to collect on accounts and shutdown other sites, the Plaintiff shall use, like any other prevailing plaintiff, the usual post-collection and post-judgment measures that are available. Permanent injunction also entered. A separate AO-450 judgment shall be entered. The tracking status hearing of 05/28/2021 is vacated. Civil case terminated. Emailed notice (mw, )
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| Filing 28 NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment #26 before Honorable Edmond E. Chang on 5/28/2021 at 08:30 AM. (Vogt, Keith) |
| Filing 27 MEMORANDUM by Pink Floyd (1987) Limited in support of motion for default judgment #26 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 26 MOTION by Plaintiff Pink Floyd (1987) Limited for default judgment as to The Defendants Identified In The First Amended Schedule A (Vogt, Keith) |
| Filing 25 SURETY BOND in the amount of $ 10,000.00 posted by Pink Floyd (1987) Limited. (Document not imaged) (td, ) |
| Filing 24 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 04/26/2021. Emailed notice (mw, ) |
| Filing 23 MINUTE entry before the Honorable Edmond E. Chang: The motion for preliminary injunction #19 is granted, in light of the same facts that justified the entry of the TRO. The order will be posted separately. With the answer deadline set for 05/14/2021, R. 22, the tracking status hearing of 04/30/2021 is reset to 05/28/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). If the Defendants do not answer on 05/14/2021, then they are deemed in default and the Plaintiff shall file a default-judgment motion by 05/19/2021. Emailed notice (mw, ) |
| Filing 22 SUMMONS Returned Executed by Pink Floyd (1987) Limited as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 4/23/2021, answer due 5/14/2021. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 21 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction #19 before Honorable Edmond E. Chang on 4/30/2021 at 08:30 AM. (Vogt, Keith) |
| Filing 20 MEMORANDUM by Pink Floyd (1987) Limited in support of motion for preliminary injunction #19 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 19 MOTION by Plaintiff Pink Floyd (1987) Limited for preliminary injunction (Vogt, Keith) |
| Filing 18 REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/19/2021. Emailed notice (mw, ) |
| Filing 17 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/19/2021. Emailed notice (mw, ) |
| Filing 16 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 11 for temporary restraining order and other relief is granted. An order will be entered under seal separately, as will a redacted version. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. 1117(a). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion #9 for leave to file under seal is granted in light of the asset-restraint goal. By 03/08/2021, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's request (in the TRO motion) for electronic service of process is granted. The TRO expires on 05/03/2021. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 04/30/2021 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 04/28/2021. The motion #10 for extra pages is granted. Emailed notice (mw, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (cm, ) |
| Filing 15 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (rc, ) |
| Filing 14 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (rc, ) |
| Filing 13 SEALED EXHIBIT by Plaintiff Pink Floyd (1987) Limited Sealed Exhibit 2 to the Declaration of Thomas Schlegel regarding memorandum in support of motion, #12 (Vogt, Keith) |
| Filing 12 MEMORANDUM IN SUPPORT OF 11 EX PARTE MOTION (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-5 to Declaration of KVogt, #3 Declaration of Thomas Schlegel, #4 Exhibit 1 to the Declaration of Thomas Schlegel)(Vogt, Keith) |
| Filing 10 MOTION by Plaintiff Pink Floyd (1987) Limited for leave to file excess pages (Vogt, Keith) |
| Filing 9 MOTION by Plaintiff Pink Floyd (1987) Limited for leave to file [Certain] Documents Under Seal (Vogt, Keith) |
| Filing 8 SEALED DOCUMENT by Plaintiff Pink Floyd (1987) Limited First Amended Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 7 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Pink Floyd (1987) Limited Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Pink Floyd (1987) Limited; Filing fee $ 402, receipt number 0752-18112674. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (crl, ) |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule "A" | |
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| Plaintiff: Pink Floyd (1987) Limited | |
| Represented By: | Adam Grodman |
| Represented By: | Yanling Jiang |
| Represented By: | Keith A. Vogt |
| Represented By: | Yi Bu |
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