Studio Peyo S.A. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Studio Peyo S.A. |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Dehua Xinqi Plastic Products Factory, Fujian Kaopu Commodity Co., Ltd., Guangzhou Fengshang Trading Co., Ltd., Jinjiang Chengle Shoes And Garment Co., Ltd., Quanzhou Nsby E-Commerce Co., Ltd., Wenzhou 360 Inflatable Co., Ltd., Affordable01 Store, ChaoJiJiaBei Store, CLACOLY Store, Cmclipig Store, Cute Sticker House Store, Cute Toys Store, Disney Kids Print Clothing Store, fdgd33125564 Store, Figure Toys Store, H Party Store, HelloCutie Store, Helpful Healthy-care Store, It s all surprises Store, KK DisneyToy franchise Store, Shop1100052090 Store, Shop1100390704 Store, Shop1102061420 Store, Shop1102182552 Store, Shop1102297699 Store, Shop1102313539 Store, Shop1102345660 Store, Shop5725186 Store, Shop911113233 Store, SweetMe Store, Toys Wholesale Store, xiaoshang@0830 Store, xiaosu Store, XL Second Store, A3A01LJ7D7NOO0, AU9BTOKJXH8K6, EXYATX, HuYongYYDs, kingoflove2021, Musu-Lovers, VTXDED, youyoukuajingshopping, yxhposter, ZiTingMaoYiYouXianGongSi, best_minerals, crystal-forever, great-minerals, ideaboat, ideabus, mineralsman, wuhanwenzhongxieshangmaoyouxiangongsi, Jenna Murphy and ji fashion |
| 1:2023cv00999 |
| February 17, 2023 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Filing 36 FINAL DEFAULT JUDGMENT ORDER: Signed by the Honorable Franklin U. Valderrama on 4/12/2023. Emailed notice (axc). |
| Filing 35 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff has filed a motion for entry of default and default judgment against all remaining Defendants. See R. 33-1, Updated Schedule A. For the reasons in the accompanying memorandum, the motion #32 is granted. Enter Final Default Judgment Order. The cash bond posted by Plaintiff in the amount of $10,000.00, and any applicable or earned interest minus the registry fee, is hereby ordered released by the Clerk to Plaintiff's counsel, Greer, Burns & Crain. The Clerk of the Court is directed to return the bond previously deposited with the Clerk of the Court to Justin Gaudio at Greer, Burns & Crain, 300 South Wacker Drive, Suite 2500, Chicago IL 60606. Civil case terminated. Emailed notice (axc). |
| Filing 34 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #33 (Attachments: #1 Exhibit 1)(Miller, Rachel) |
| Filing 33 MEMORANDUM by Studio Peyo S.A. in support of motion for entry of default, motion for default judgment #32 (Attachments: #1 Exhibit 1)(Miller, Rachel) |
| Filing 32 MOTION by Plaintiff Studio Peyo S.A. for entry of default , MOTION by Plaintiff Studio Peyo S.A. for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Miller, Rachel) |
| Filing 31 ATTORNEY Appearance for Plaintiff Studio Peyo S.A. by Rachel S Miller (Miller, Rachel) |
| Filing 30 NOTICE of Voluntary Dismissal by Studio Peyo S.A. as to certain defendant (Joseph, Justin) |
| Filing 29 NOTICE of Voluntary Dismissal by Studio Peyo S.A. as to certain defendants (Gaudio, Justin) |
| Filing 28 SUMMONS Returned Executed by Studio Peyo S.A. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/16/2023, answer due 4/6/2023. (Attachments: #1 Declaration of Quinn Guillermo, #2 Exhibit A)(Guillermo, Quinn) |
| NEW PARTIES: Dehua Xinqi Plastic Products Factory, Fujian Kaopu Commodity Co., Ltd., Guangzhou Fengshang Trading Co., Ltd., Jinjiang Chengle Shoes And Garment Co., Ltd., Quanzhou Nsby E-Commerce Co., Ltd., Wenzhou 360 Inflatable Co., Ltd., Affordable01 Store, ChaoJiJiaBei Store, CLACOLY Store, Cmclipig Store, Cute Sticker House Store, Cute Toys Store, Disney Kids Print Clothing Store, fdgd33125564 Store, Figure Toys Store, H Party Store, HelloCutie Store, Helpful Healthy-care Store, It s all surprises Store, KK DisneyToy franchise Store, Shop1100052090 Store, Shop1100390704 Store, Shop1102061420 Store, Shop1102182552 Store, Shop1102297699 Store, Shop1102313539 Store, Shop1102345660 Store, Shop5725186 Store, Shop911113233 Store, SweetMe Store, Toys Wholesale Store, xiaoshang@0830 Store, xiaosu Store, XL Second Store, A3A01LJ7D7NOO0, AU9BTOKJXH8K6, EXYATX, HuYongYYDs, kingoflove2021, Musu-Lovers, VTXDED, youyoukuajingshopping, yxhposter, ZiTingMaoYiYouXianGongSi, best_minerals, crystal-forever, great-minerals, ideaboat, ideabus, mineralsman, wuhanwenzhongxieshangmaoyouxiangongsi, Jenna Murphy and ji fashion added to case caption. (Ziegler, Amy) |
| Filing 27 PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Franklin U. Valderrama on 3/10/2023. Emailed notice (axc). |
| Filing 26 MINUTE entry before the Honorable Franklin U. Valderrama: On the grounds set forth in the motion, Plaintiff's motion for an entry of a preliminary injunction #23 is granted. Enter Preliminary Injunction Order. Schedule A to the Complaint #2 , Exhibit 3 to the Declaration of Jean-Philippe Ladisa #15 , and the TRO #22 are unsealed. Counsel for Plaintiff is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Emailed notice (axc). |
| Filing 25 SUMMONS Returned Executed by Studio Peyo S.A. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/9/2023, answer due 3/30/2023. (Attachments: #1 Declaration of Quinn B. Guillermo, #2 Exhibit A)(Guillermo, Quinn) |
| Filing 24 MEMORANDUM by Studio Peyo S.A. in support of motion for preliminary injunction #23 (Attachments: #1 Declaration of Justin T. Joseph, #2 Exhibit 1)(Joseph, Justin) |
| Filing 23 MOTION by Plaintiff Studio Peyo S.A. for preliminary injunction as to Certain Defendants (Attachments: #1 Exhibit A)(Joseph, Justin) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (smb, ) |
| BOND in the amount of $ 10,000.00 company check, Receipt no. 4624283100, posted by Studio Peyo S.A. (kra, ) |
| Filing 22 TEMPORARY RESTRAINING ORDER Signed by the Honorable Franklin U. Valderrama on 2/24/2023. Emailed notice (axc). Modified on 3/13/2023 (kl, ). |
| Filing 21 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's pending motion for leave to file under seal #3 , ex parte motion for a temporary restraining order #11 , and motion for electronic service of process #16 are granted. Enter Temporary Restraining Order. Provided that Plaintiff provides the security described in paragraph 9 of the temporary restraining order, the temporary restraining order shall become effective on February 28, 2023 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. The Court finds that joinder of the "Schedule A" Defendants is proper at this preliminary stage. Fed. R. Civ. P. 20(a)(2)(A). The Court notes that no Defendants are prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time Emailed notice (axc). |
| Filing 20 DECLARATION of Justin R. Gaudio regarding memorandum #19 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Gaudio, Justin) |
| Filing 19 MEMORANDUM by Studio Peyo S.A. establishing that joinder is proper (Gaudio, Justin) |
| Filing 18 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 17 MEMORANDUM by Studio Peyo S.A. in support of motion for miscellaneous relief #16 (Gaudio, Justin) |
| Filing 16 MOTION by Plaintiff Studio Peyo S.A.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 15 EXHIBIT by Plaintiff Studio Peyo S.A. Exhibit 3 - Parts 1 - 2 regarding declaration #14 (Attachments: #1 Exhibit 3-1, #2 Exhibit 3-2)(Gaudio, Justin) Modified on 3/13/2023 (kl, ). |
| Filing 14 DECLARATION of Jean-Philippe Ladisa regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 13 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 12 MEMORANDUM by Studio Peyo S.A. in support of motion for temporary restraining order #11 (Gaudio, Justin) |
| Filing 11 MOTION by Plaintiff Studio Peyo S.A. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (jk2, ) |
| 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. (jk2, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Studio Peyo S.A. by Quinn Bradley Guillermo (Guillermo, Quinn) |
| Filing 9 ATTORNEY Appearance for Plaintiff Studio Peyo S.A. by Justin Tyler Joseph (Joseph, Justin) |
| Filing 8 ATTORNEY Appearance for Plaintiff Studio Peyo S.A. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff Studio Peyo S.A. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Studio Peyo S.A. (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Studio Peyo S.A. (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Studio Peyo S.A. for leave to file under seal (Gaudio, Justin) |
| Filing 2 SCHEDULE A by Plaintiff Studio Peyo S.A. Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 3/13/2023 (kl, ). |
| Filing 1 COMPLAINT filed by Studio Peyo S.A.; Filing fee $ 402, receipt number AILNDC-20361542. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gaudio, Justin) |
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