Luxottica Group S.p.A. et al v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Luxottica Group S.p.A., Oakley, Inc. and Costa Del Mar, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule "A" and rbbeu.net |
| 1:2021cv06541 |
| December 7, 2021 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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This docket was last retrieved on January 31, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 41 MAILED trademark report with certified copy of minute order dated 1/28/2022 to Patent Trademark Office, Alexandria, VA (bg, ) |
| Filing 40 ENTERED JUDGMENT on 1/28/2022. Mailed notice (cn). |
| Filing 39 FINAL JUDGMENT ORDER signed by the Honorable Edmond E. Chang on 1/28/2022. Mailed notice (cn). |
| Filing 38 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #36 for default judgment is granted in light of the absence of a timely answer. As explained in the judgment order, judgment is entered in favor of the Plaintiff against the Defendants in the amount of $50,000. Permanent injunction entered in light of the of the willfulness established by the default. A separate AO-450 judgment shall be entered. The tracking status hearing of 02/04/2022 is vacated. Civil case terminated. Mailed notice (cn). |
| Filing 37 MEMORANDUM by Luxottica Group S.p.A. in support of motion for entry of default, motion for default judgment #36 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Martin, Allyson) |
| Filing 36 MOTION by Plaintiff Luxottica Group S.p.A. for entry of default as to all Defendants, MOTION by Plaintiff Luxottica Group S.p.A. for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Martin, Allyson) |
| Filing 35 STATUS Report by Luxottica Group S.p.A. (Martin, Allyson) |
| NEW PARTIES: rbbeu.net added to case caption. (Ziegler, Amy) |
| Filing 34 SURETY BOND in the amount of $ 1,000.00 posted by Luxottica Group S.p.A. (Document not imaged) (td, ) |
| Filing 33 SUMMONS Returned Executed by Luxottica Group S.p.A. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 12/27/2021, answer due 1/17/2022. (Attachments: #1 Declaration of Thomas J. Juettner)(Juettner, Thomas) |
| Filing 32 PRELIMINARY INJUNCTION signed by the Honorable Edmond E. Chang on 12/27/2021: In light of the continued applicability of the facts that justified entry of the TRO, the motion for preliminary injunction #29 is granted. The tracking status hearing of 12/30/2021 is reset to 02/04/2022 at 08:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, by 01/27/2022, the parties shall file a joint initial status report or, if the Defendant is in default, then the Plaintiff shall file a motion for default judgment. Emailed notice(eec) |
| Filing 31 NOTICE by Luxottica Group S.p.A. re MOTION by Plaintiff Luxottica Group S.p.A. for preliminary injunction #29 (Martin, Allyson) |
| Filing 30 MEMORANDUM by Luxottica Group S.p.A. in support of motion for preliminary injunction #29 (Attachments: #1 Declaration of Allyson M. Martin, #2 Exhibit 1)(Martin, Allyson) |
| Filing 29 MOTION by Plaintiff Luxottica Group S.p.A. for preliminary injunction (Martin, Allyson) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A". (ng, ) |
| Filing 28 REDACTED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 12/16/2021. Emailed notice (mw, ) |
| Filing 26 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #14 for temporary restraining order and other relief is granted. An order will be entered under seal separately. 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 Defendant 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 Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion #3 for leave to file under seal is granted in light of the asset-restraint goal. By 12/23/2021, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendant and omitting Amended Schedule A). The Plaintiff's motion #20 for electronic service of process is granted. The tracking status hearing of 01/21/2022 is reset to 12/30/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion), if appropriate, no later than 12/27/2021. Emailed notice (mw, ) |
| Filing 25 Notice of Claims Involving Trademarks by Luxottica Group S.p.A. (Gaudio, Justin) |
| Filing 24 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Luxottica Group S.p.A. (Gaudio, Justin) |
| Filing 23 NOTICE by Luxottica Group S.p.A. re MOTION by Plaintiff Luxottica Group S.p.A. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #20 , MOTION by Plaintiff Luxottica Group S.p.A. for temporary restraining order Including a Temporary Injunction, Temporary Transfer of the Domain Names, Temporary Asset Restraint, and Expedited Discovery #14 , MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for leave to file under seal #3 (Gaudio, Justin) |
| Filing 22 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #21 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 21 MEMORANDUM by Luxottica Group S.p.A. in support of motion for miscellaneous relief #20 (Gaudio, Justin) |
| Filing 20 MOTION by Plaintiff Luxottica Group S.p.A. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 19 EXHIBIT 4 by Plaintiff Luxottica Group S.p.A. Exhibit 4 regarding declaration #17 (Gaudio, Justin) Modified on 12/28/2021 (bg, ). |
| Filing 18 EXHIBIT 3 by Plaintiff Luxottica Group S.p.A. Exhibit 3 regarding declaration #17 (Gaudio, Justin) Modified on 12/28/2021 (bg, ). |
| Filing 17 DECLARATION of Jason Groppe regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 16 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 15 MEMORANDUM by Luxottica Group S.p.A. in support of motion for temporary restraining order #14 (Gaudio, Justin) |
| Filing 14 MOTION by Plaintiff Luxottica Group S.p.A. for temporary restraining order Including a Temporary Injunction, Temporary Transfer of the Domain Names, Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 01/21/2022 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 01/14/2021. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. The Court notes that no motion for provisional relief has been filed. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| Filing 12 SCHEDULE A by Plaintiff Luxottica Group S.p.A. Schedule A regarding amended complaint, #11 (Gaudio, Justin) Modified on 12/28/2021 (bg, ). |
| Filing 11 AMENDED complaint by Luxottica Group S.p.A. against The Partnerships and Unincorporated Associations Identified on Schedule "A" (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 10 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (bg, ) |
| Filing 9 MAILED trademark report to Patent Trademark Office, Alexandria, VA (bg, ) |
| Filing 8 ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) |
| Filing 7 ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Allyson M. Martin (Martin, Allyson) |
| Filing 6 ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, Inc.; Filing fee $ 402, receipt number 0752-18943945. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| 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. (dxb, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (dxb, ) |
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