Cheap Trick Merchandising, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Cheap Trick Merchandising, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", 85635986, a1270992296, adilanaimaidi Store, Ahaerve Braoshoe, AHUI Car modification parts shop, ajhbwnppth, Al Breiten, alechaag3335, Amanda Diaz, Amanda Kasun, Angdone, angrngp, Annie Walton, Antonio Copeland, aopkiiu wholeshop, ariqiyan32447, ArmstrongAuroradGtBu, Arterasu, Ashley Pennine, b78ij988, baijinlong374747, Barrycx, bennubird, Betty B Haas, BNVbnv, Brian Ruf, Brianna Fields, BUhj85208413, caipingwei Store, CamasL, canbencanben, caotianlong0930, caoying3502, Captein, Carlos Ericson, Carol Long, Cathy Fiecke, chaiyingchao01907, Chanassac, chaxiaoyan0344963589, chenchuanliang4628, chenderong7226, chendongmei1229, chenguanghui Store, Cpre de Douleur, chengyongdong24678, chengzhuanlong0144, chenhualin168168, chenlei7822, chenmeixiang1129, chenping Store me, chenshaohua52994, chenshuai77188, chenxiumin2134, chenyanna, chenyingdi Store, chenyongfei24023, chenyuan32, Cherish blue grace, chizonghau420, Chris Rogow, Christopher Holzwarth, ChuangzhongmeilanpGt, chuili fashion, CliffTobiaskQlO, conslyzpsnt, crktmfbal, cuikailing Store, cuixiaohui888, cuizixiao0919, d3h4i4i4, daicaihong1967, daijuan Store, Danaagh, DavidHylton, Dcgxvcvxcxcccgxbcvcbccr, Demisomr Pants, dengminghui29, dengxinxin21189, Dennis K Hammond, Dennis Rodrigues, Dhinthilese Dolce, Dhwoaskzvusnsosmxbx, dindDNndc, dmocmeufi, dongchichi3183, dongkangyang085, dongqingshi51372, dongzihuan39374, Donte West, dosanlpm, dr0728, duanjianbin0129, Duanmeiying888, duanning Store, duanxiulaner, duhuimin88866, dunaizhi2221, dutianxia123, duyanbing40574, duyu022314, EarlGillette, Elizabeth Peterson, ellisoncaldkpea, engermarcu, Erik Ward, EuniceQuennelcMwCe, f4f5g5, f5r5rr, f72sh3e, fangang22832, Fangsmart, fanhaoxuan32421, Fanyufa, FayCliffordgAmGu, Felicia Kenney, fengyangyan58551, fengzihao89698, FGHDRdrgedW, fr5gg55, Frederick Crook, fushru32, g6g6g8g, g8g6f57g7, gahsuiagtpoas, gaojiale Store, gaopengh, gaoqiang54729, gaoshangchao59010, gaoshujuan1234, gaosiying Store, gaozhiyuan7890, Genoshido, geshaolin19502, Gladys H Clark, glypzaurmd, Goldfort, gongli1234, gongtingting2804, grtdege, guayrn, gulianqin, gulizhi37364, guoxiaotao23658, guoyuting689 and chengxiaohui03202 |
| 1:2022cv01621 |
| March 29, 2022 |
| U.S. District Court for the Northern District of Illinois |
| Manish S Shah |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
This docket was last retrieved on May 13, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 30 FINAL DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 5/13/2022. Notices mailed. (psm, ) |
| Filing 29 MINUTE entry before the Honorable Manish S. Shah: No defendants have appeared or objected to the motion for default judgment. The motion #26 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 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 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 Default Judgment Order. Terminate civil case. Notices mailed. (psm, ) |
| Filing 28 MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for default judgment must be properly filed by 5/11/22. If no objections are filed, the motion will be considered unopposed. Notices mailed. (psm, ) |
| Filing 27 MEMORANDUM by Cheap Trick Merchandising, Inc. 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 Cheap Trick Merchandising, Inc. for default judgment as to The Defendants Identified In The [Amended] Schedule A (Vogt, Keith) |
| NEW PARTIES: chengxiaohui03202 added to case caption. (Bu, Yi) |
| NEW PARTIES: gaosiying Store, gaozhiyuan7890, Genoshido, geshaolin19502, Gladys H Clark, glypzaurmd, Goldfort, gongli1234, gongtingting2804, grtdege, guayrn, gulianqin, gulizhi37364, guoxiaotao23658 and guoyuting689 added to case caption. (Bu, Yi) |
| NEW PARTIES: duyanbing40574, duyu022314, EarlGillette, Elizabeth Peterson, ellisoncaldkpea, engermarcu, Erik Ward, EuniceQuennelcMwCe, f4f5g5, f5r5rr, f72sh3e, fangang22832, Fangsmart, fanhaoxuan32421, Fanyufa, FayCliffordgAmGu, Felicia Kenney, fengyangyan58551, fengzihao89698, FGHDRdrgedW, fr5gg55, Frederick Crook, fushru32, g6g6g8g, g8g6f57g7, gahsuiagtpoas, gaojiale Store, gaopengh, gaoqiang54729, gaoshangchao59010 and gaoshujuan1234 added to case caption. (Bu, Yi) |
| NEW PARTIES: 85635986, a1270992296, adilanaimaidi Store, Ahaerve Braoshoe, AHUI Car modification parts shop, ajhbwnppth, Al Breiten, alechaag3335, Amanda Diaz, Amanda Kasun, Angdone, angrngp, Annie Walton, Antonio Copeland, aopkiiu wholeshop, ariqiyan32447, ArmstrongAuroradGtBu, Arterasu, Ashley Pennine, b78ij988, baijinlong374747, Barrycx, bennubird, Betty B Haas, BNVbnv, Brian Ruf, Brianna Fields, BUhj85208413, caipingwei Store, CamasL, canbencanben, caotianlong0930, caoying3502, Captein, Carlos Ericson, Carol Long, Cathy Fiecke, chaiyingchao01907, Chanassac, chaxiaoyan0344963589, chenchuanliang4628, chenderong7226, chendongmei1229 and chenguanghui Store added to case caption. (Bu, Yi) |
| NEW PARTIES: Cpre de Douleur added to case caption. (Bu, Yi) |
| NEW PARTIES: chengyongdong24678, chengzhuanlong0144, chenhualin168168, chenlei7822, chenmeixiang1129, chenping Store me, chenshaohua52994, chenshuai77188, chenxiumin2134, chenyanna, chenyingdi Store, chenyongfei24023, chenyuan32, Cherish blue grace, chizonghau420, Chris Rogow, Christopher Holzwarth, ChuangzhongmeilanpGt, chuili fashion, CliffTobiaskQlO, conslyzpsnt, crktmfbal, cuikailing Store, cuixiaohui888, cuizixiao0919, d3h4i4i4, daicaihong1967, daijuan Store, Danaagh, DavidHylton, Dcgxvcvxcxcccgxbcvcbccr, Demisomr Pants, dengminghui29, dengxinxin21189, Dennis K Hammond, Dennis Rodrigues, Dhinthilese Dolce, Dhwoaskzvusnsosmxbx, dindDNndc, dmocmeufi, dongchichi3183, dongkangyang085, dongqingshi51372, dongzihuan39374, Donte West, dosanlpm, dr0728, duanjianbin0129, Duanmeiying888, duanning Store, duanxiulaner, duhuimin88866, dunaizhi2221 and dutianxia123 added to case caption. (Bu, Yi) |
| Filing 25 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 4/26/2022. Notices mailed. (psm, ) |
| Filing 24 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction #20 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. 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. (psm, ) |
| Filing 23 MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for preliminary injunction must be properly filed by 4/14/22. If no objections are filed, the motion will be considered unopposed. Notices mailed. (psm, ) |
| Filing 22 SUMMONS Returned Executed by Cheap Trick Merchandising, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 4/11/2022, answer due 5/2/2022. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 21 MEMORANDUM by Cheap Trick Merchandising, Inc. in support of motion for preliminary injunction #20 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 20 MOTION by Plaintiff Cheap Trick Merchandising, Inc. for preliminary injunction (Vogt, Keith) |
| Filing 19 SURETY BOND in the amount of $ 10,000.00 posted by Cheap Trick Merchandising, Inc. (Document not scanned). (bg, ) |
| Filing 18 EMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 4/4/2022. Notices mailed. (psm, ) Modified on 4/27/2022 (bg, ). |
| Filing 17 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion for a temporary restraining order, asset restraint, expedited discovery, and electronic service of process, motion for excess pages, and motion to seal #12 #13 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 establishes a likelihood of success on the merits as to the defendants listed in the Amended Schedule A, 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 and causes consumer confusion. 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. A $10,000 bond is sufficient to secure the injunction. Enter Sealed TRO. Notices mailed. (psm, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (ak, ) |
| Filing 16 EXHIBIT 2 by Plaintiff Cheap Trick Merchandising, Inc. Sealed Exhibit 2 to the 16 TRO_Exhibit 2, Declaration of Dwight P. Wiles regarding memorandum in support of motion, #15 (Attachments: #1 Exhibit 2, Part 1, #2 Exhibit 2, Part 2)(Vogt, Keith) Modified on 4/27/2022 (bg, ). |
| Filing 15 MEMORANDUM In Support of 14 Ex Parte Motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, Declaration of Keith Vogt, #3 Declaration of Dwight P. Wiles, #4 Exhibit 1, Declaration of Dwight P. Wiles)(Vogt, Keith) |
| Filing 13 MOTION by Plaintiff Cheap Trick Merchandising, Inc. for leave to file excess pages (Vogt, Keith) |
| Filing 12 MOTION by Plaintiff Cheap Trick Merchandising, Inc. for leave to file [Certain] Documents Under Seal (Vogt, Keith) |
| Filing 11 AMENDED Schedule A to complaint by Plaintiff Cheap Trick Merchandising, Inc. [Amended] Schedule A to Complaint #1 (Vogt, Keith) Modified on 4/27/2022 (bg, ). |
| Filing 10 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (lxk, ) |
| Filing 9 MAILED trademark report to Patent Trademark Office, Alexandria VA. (lxk, ) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (ak, ) |
| 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. (ak, ) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Cheap Trick Merchandising, Inc. (Vogt, Keith) |
| Filing 7 ATTORNEY Appearance for Plaintiff Cheap Trick Merchandising, Inc. by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Cheap Trick Merchandising, Inc. by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Cheap Trick Merchandising, Inc. by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Cheap Trick Merchandising, Inc. by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SCHEDULE A to complaint by Plaintiff Cheap Trick Merchandising, Inc. Schedule A to Complaint #1 (Vogt, Keith) Modified on 4/27/2022 (bg, ). |
| Filing 1 COMPLAINT filed by Cheap Trick Merchandising, Inc.; Filing fee $ 402, receipt number 0752-19290688. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
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