Dyson Technology Limited v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Dyson Technology Limited |
| The Partnerships and Unincorporated Associations Identified on Schedule A, A1LKY1Y6ZXR339, aikangzhijia, ansediaoshang, ayddzgs, BiMingUS, CKD store, DaKeRiYongBaiHuoDian, ERICSF, FuYangJuanTingShaMaoYouXianGongSi, guanbinriyongbaihuodian, HUIzhui, Lamber's store, Leehonn, ning ncl, qianluhuanbaoshang, RIYCUOWT-US, SaiQ, STE Store, STYLE-beauty, TianMaoWuUS, UnicornTech, VEROCN, wangyimanbeimei, Xinmei Shangyan, zhangqiubaiying, baofu009, cyygood, denda, dh_official_001store, donald_store, flying_queen019, hairqxjshop, hong_baobao, kingberry2014, mr_cao11, topscissors, tyfystore, wangcai06, delbuyit, delhibuy, delsuper, dijiago-79, Gutes Leben 528, jia5377, jzcxcopower, lixiaodedian, stock2022, ybfreego, LTFIRFER and MIA's Grocery Store |
| 1:2024cv01587 |
| February 26, 2024 |
| US District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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| Filing 43 ENTERED FINAL JUDGMENT ORDER Signed by the Honorable Lindsay C. Jenkins on 4/23/2024. Mailed notice. (jlj, ) |
| Filing 42 MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion #35 is granted. Based on the evidence previously submitted by Plaintiff 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. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, evidence of lost profits, the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court award profits as set forth on the separately entered Final Judgment Order. Civil case terminated. Mailed notice. (jlj, ) |
| Filing 41 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendant (Joseph, Justin) |
| Filing 40 STATUS Report pursuant to #33 by Dyson Technology Limited (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 39 CERTIFICATE of Service by Plaintiff Dyson Technology Limited regarding order on motion for entry of default,,, order on motion for default judgment,,, text entry,, #38 (Attachments: #1 Exhibit A)(Burnham, Andrew) |
| Filing 38 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion #35 for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before April 22, 2024. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice. (jlj, ) |
| Filing 37 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #36 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 36 MEMORANDUM by Dyson Technology Limited in support of motion for entry of default, motion for default judgment #35 (Attachments: #1 Exhibit 1)(Joseph, Justin) |
| Filing 35 MOTION by Plaintiff Dyson Technology Limited for entry of default , MOTION by Plaintiff Dyson Technology Limited for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 34 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants (Joseph, Justin) |
| Filing 33 MINUTE entry before the Honorable Lindsay C. Jenkins: The Court requests that Plaintiff file a short status report by April 15, 2024, indicating when it anticipates seeking a default judgment for the remaining defendants. Mailed notice. (jlj, ) |
| Filing 32 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendant (Joseph, Justin) |
| Filing 31 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants (Joseph, Justin) |
| Filing 30 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Lindsay C. Jenkins on 3/18/2024. Mailed notice. (kp, ) |
| Filing 29 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction #24 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established #27 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice. (kp, ) |
| NEW PARTIES: A1LKY1Y6ZXR339, aikangzhijia, ansediaoshang, ayddzgs, BiMingUS, CKD store, DaKeRiYongBaiHuoDian, ERICSF, FuYangJuanTingShaMaoYouXianGongSi, guanbinriyongbaihuodian, HUIzhui, Lamber's store, Leehonn, ning ncl, qianluhuanbaoshang, RIYCUOWT-US, SaiQ, STE Store, STYLE-beauty, TianMaoWuUS, UnicornTech, VEROCN, wangyimanbeimei, Xinmei Shangyan, zhangqiubaiying, baofu009, cyygood, denda, dh_official_001store, donald_store, flying_queen019, hairqxjshop, hong_baobao, kingberry2014, mr_cao11, topscissors, tyfystore, wangcai06, delbuyit, delhibuy, delsuper, dijiago-79, Gutes Leben 528, jia5377, jzcxcopower, lixiaodedian, stock2022, ybfreego, LTFIRFER and MIA's Grocery Store added to case caption. (Gaudio, Justin) |
| Filing 28 SUMMONS Returned Executed by Dyson Technology Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/12/2024, answer due 4/2/2024. (Attachments: #1 Declaration of Andrew D. Burnham, #2 Exhibit A)(Burnham, Andrew) |
| Filing 27 CERTIFICATE of Service by Plaintiff Dyson Technology Limited regarding order on motion for preliminary injunction,,,,, text entry,,,, #26 (Attachments: #1 Exhibit A)(Burnham, Andrew) |
| Filing 26 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion #24 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by March 15, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice. (jlj, ) |
| Filing 25 MEMORANDUM by Dyson Technology Limited in support of motion for preliminary injunction #24 (Attachments: #1 Declaration of Justin T. Joseph, #2 Exhibit 1)(Joseph, Justin) |
| Filing 24 MOTION by Plaintiff Dyson Technology Limited for preliminary injunction (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 23 SURETY BOND in the amount of $ 10,000 posted by Dyson Technology Limited (Document not scanned.) (lw, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (axa, ) |
| Filing 22 TRO Signed by the Honorable Lindsay C. Jenkins on 3/1/2024. Mailed notice. (jlj, ) Modified on 3/25/2024 (nsf, ). |
Filing 21
ORDER written by the Honorable Lindsay C. Jenkins on 3/1/2024. Mailed notice. (jlj, ) Modified on 3/25/2024 (nsf, ).
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| Filing 20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #19 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 19 MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 2 - Parts 1-3 regarding declaration #16 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3)(Gaudio, Justin) Modified on 3/25/2024 (nsf, ). |
| Filing 16 DECLARATION of Giles Samuel Lane regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 15 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 14 MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 12 MAILED Patent report to Patent Trademark Office, Alexandria VA. (nsf, ) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 1). (jxm, ) |
| 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. (jxm, ) |
| Filing 11 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham (Burnham, Andrew) |
| Filing 10 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin Tyler Joseph (Joseph, Justin) |
| Filing 9 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain (Crain, Lawrence) |
| Filing 8 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio (Gaudio, Justin) |
| Filing 7 Notice of Claims Involving Patents by Dyson Technology Limited (Gaudio, Justin) |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited (Gaudio, Justin) |
| Filing 5 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 4 MOTION by Plaintiff Dyson Technology Limited for leave to file under seal (Gaudio, Justin) |
| Filing 3 EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 - Parts 1-3 regarding complaint #1 (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3)(Gaudio, Justin) Modified on 3/25/2024 (nsf, ). |
| Filing 2 EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 3/25/2024 (nsf, ). |
| Filing 1 COMPLAINT filed by Dyson Technology Limited; Filing fee $ 405, receipt number AILNDC-21677593. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(Gaudio, Justin) |
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