Crypton Future Media, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
Crypton Future Media, Inc. |
The Partnerships and Unincorporated Associations Identified on Schedule A |
1:2023cv04707 |
July 20, 2023 |
US District Court for the Northern District of Illinois |
Edmond E Chang |
Trademark |
15 U.S.C. § 44 Trademark Infringement |
None |
Docket Report
This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 31 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 09/07/2023. Emailed notice (mw, ) |
Filing 30 MINUTE entry before the Honorable Edmond E. Chang: In light of the same circumstances that justified entry of the initial TRO, the motion for preliminary injunction #26 is granted. The sealed filings shall be unsealed. The Plaintiff shall promptly effectuate service and file the proof of service when accomplished. The tracking status hearing of 09/08/2023 is reset to 10/20/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 10/12/2023 (or the Plaintiff shall file it if the Defendants have not appeared). Emailed notice (mw, ) |
Filing 29 SUMMONS Returned Executed by Crypton Future Media, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/31/2023, answer due 9/21/2023. (Quezada Hastings, Sofia) |
Filing 28 STATUS Report by Crypton Future Media, Inc. (Quezada Hastings, Sofia) |
Filing 27 MEMORANDUM by Crypton Future Media, Inc. in support of motion for preliminary injunction #26 (Attachments: #1 Declaration of Sofia Quezada Hastings)(Quezada Hastings, Sofia) |
Filing 26 MOTION by Plaintiff Crypton Future Media, Inc. for preliminary injunction (Quezada Hastings, Sofia) |
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (axk, ) |
Filing 25 MINUTE entry before the Honorable Edmond E. Chang: In light of the circumstances that justified entry of the initial TRO, the extension motion #23 is granted. The TRO shall continue through 09/05/2023. The Plaintiff shall file a motion for preliminary injunction if appropriate by 09/01/2023. The tracking status hearing of 08/25/2023 is reset to 09/08/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a status report by 09/01/2023. Also, the Plaintiff shall promptly effectuate service of process as soon as the ex parte nature of the case expires. Mailed notice (cn). |
Filing 24 REGISTRY DEPOSIT INFORMATION FORM by Crypton Future Media, Inc. (kl, ) |
Filing 23 MOTION by Plaintiff Crypton Future Media, Inc. for extension of time for Temporary Restraining Order (Attachments: #1 Supplement Memorandum in Support, #2 Declaration of Sofia Quezada Hastings)(Quezada Hastings, Sofia) |
Filing 22 MINUTE entry before the Honorable Edmond E. Chang: The tracking status hearing of 08/18/2023 is reset to 08/25/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
money order BOND in the amount of $ 1000 posted recipet 4624289913 by Crypton Future Media, Inc. (khg, ) |
Filing 21 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion on the bond #19 is granted in part and denied in part. A law-firm check is insufficient. The deadline to post the cash or surety bond is extended to 08/22/2023. Emailed notice (mw, ) |
Filing 19 MOTION by Plaintiff Crypton Future Media, Inc. for Leave to Deposit Bond Via Law Firm Check, or Alternatively, for Extension of Time to Deposit Bond (Quezada Hastings, Sofia) |
Filing 20 REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 08/08/2023. Emailed notice (mw, ) |
Filing 18 SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Edmond E. Chang on 8/8/2023. (ags) |
Filing 17 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #12 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 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 Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion #4 for leave to file under seal is granted in light of the asset-restraint goal. By 08/11/2023, the Plaintiff shall email to the Proposed Order account a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion #16 for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 08/18/2023 at 8:30 a.m.. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 08/15/2023. Mailed notice (ags) |
Filing 16 MOTION by Plaintiff Crypton Future Media, Inc. for Electronic Service of Process (Attachments: #1 Supplement Memorandum in Support, #2 Declaration of Matthew De Preter)(Quezada, Sofia) |
Filing 15 NOTICE of Motion by Sofia Quezada for presentment of motion for temporary restraining order #12 , motion for miscellaneous relief #4 before Honorable Edmond E. Chang on 8/9/2023 at 08:30 AM. (Quezada, Sofia) |
Filing 14 SEALED EXHIBIT by Plaintiff Crypton Future Media, Inc. Exhibit 2 - Evidence regarding memorandum in support of motion #13 (Quezada, Sofia) |
Filing 13 MEMORANDUM by Crypton Future Media, Inc. in support of motion for temporary restraining order #12 (Attachments: #1 Declaration of Stewart Miller, #2 Exhibit A)(Quezada, Sofia) |
Filing 12 MOTION by Plaintiff Crypton Future Media, Inc. for temporary restraining order (Quezada, Sofia) |
Filing 11 ATTORNEY Appearance for Plaintiff Crypton Future Media, Inc. by Matthew L. De Preter (De Preter, Matthew) |
Filing 10 SEALED EXHIBIT by Plaintiff Crypton Future Media, Inc. Schedule A to Amended Complaint regarding amended complaint #9 (Quezada, Sofia) |
Filing 9 AMENDED complaint by Crypton Future Media, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit A)(Quezada, Sofia) |
Filing 8 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (kl, ) |
Filing 7 MAILED Trademark report to Patent Trademark Office, Alexandria VA (kl, ) |
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. (sxh, ) |
CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (sxh, ) |
Filing 6 ATTORNEY Appearance for Plaintiff Crypton Future Media, Inc. by Sofia Quezada (Quezada, Sofia) |
Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Crypton Future Media, Inc. (Quezada, Sofia) |
Filing 4 MOTION by Plaintiff Crypton Future Media, Inc. for Leave to File Certain Documents Under Seal (Quezada, Sofia) |
Filing 3 CIVIL Cover Sheet (Quezada, Sofia) |
Filing 2 SEALED EXHIBIT by Plaintiff Crypton Future Media, Inc. Schedule A to Complaint regarding complaint #1 (Quezada, Sofia) |
Filing 1 COMPLAINT filed by Crypton Future Media, Inc.; Filing fee $ 402, receipt number AILNDC-20851252. (Attachments: #1 Exhibit A)(Quezada, Sofia) |
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Plaintiff: Crypton Future Media, Inc. | |
Represented By: | Sofia Quezada |
Represented By: | Matthew L. De Preter |
Represented By: | Sofia Quezada Hastings |
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Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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