DH Eagles IP LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A
| DH Eagles IP LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Dep xinh, Blaricum, hebeiweisidatongxunshebeixiaoshouyouxiangongsi, HTTNSTORE, Britrio, FLEMING MICHAELL, GourmetGrocerHub, A3DXGVOGJAMLZV, HengYangShiZhengXiangQuXiaoYuHaoBaiHuoYouXianGongSi, A276NK7LPHN7DW, Genuine Goods Stores, Baichuan K, AndrewLeal, heilongjiangwengzhongshangmaobugerenduzi, BBBKER, A2KJGED7CMS087, Eeklo, HIEPPHUONG, Alince LLC, caolitongdexiaodian, FrankAllenS, Anzheshangmao, Guangzhouruochengshangmaoyouxiangongsi, jinanshangpinmaoyiyouxiangongsi, katiay, Lakala Kabonka, lihaosterd, lihongyuu, lINGYI, loupengfei, Metehan Guclu LX, MVYE, NguyenNho Tu, NSHJi-US, OKKASTER, PANYUEHUARUISHANGMAO, Pmkji, putianshilichengquhuangzhipengmaoyiyouxiangongsi, RoseAlexander, seeh TG, Su Yuankke, taiyuanshizhaozeningshangmaoyouxiangongsi, tianjinxinzibaihuoyouxiangongsi, TimothyLee, Topapril, Vaskelsies, verysparkling, VICERO and VintageCollectiblesStore |
| 1:2024cv07533 |
| August 21, 2024 |
| US District Court for the Northern District of Illinois |
| Sunil R Harjani |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Filing 43 FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 10/7/2024. Mailed notice(lxs, ) |
| Filing 42 MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion #36 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, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established #40 that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 10/10/2024 is stricken. The Clerk of the Court is directed to return the surety bond posted in the amount of forty-nine thousand dollar ($49,000) to Plaintiff or its counsel, Greer, Burns & Crain, Ltd. Enter separate Final Judgment Order. Civil case terminated. Mailed notice (lxs, ) |
| Filing 41 NOTICE of Voluntary Dismissal by DH Eagles IP LLC as to certain defendant (Guillermo, Quinn) |
| Filing 40 CERTIFICATE of Service by Plaintiff DH Eagles IP LLC regarding terminate hearings,,,,, set/reset hearings,,,, #39 (Attachments: #1 Exhibit A)(Guillermo, Quinn) |
| Filing 39 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion #36 for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of 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 10/3/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 10/3/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. 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. A tentative default judgment hearing is set for 10/10/2024 at 9:15 a.m. Telephone status hearing set for 10/23/2024 is stricken. Mailed notice (lxs, ) |
| Filing 38 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #37 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 37 MEMORANDUM by DH Eagles IP LLC in support of motion for entry of default, motion for default judgment #36 (Attachments: #1 Exhibit 1)(Guillermo, Quinn) |
| Filing 36 MOTION by Plaintiff DH Eagles IP LLC for entry of default , MOTION by Plaintiff DH Eagles IP LLC for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Guillermo, Quinn) |
| Filing 35 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 9/6/2024. Mailed notice(lxs, ) |
| Filing 34 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction #28 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 [31, 32] that it provided electronic notice to defendants of the pendency of this action and the motion, 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. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 9/9/2024 is stricken. Summons was issued on 8/27/2024, and Defendants' responses to the complaint are due by 9/24/2024. Plaintiff should file any motion for entry of default and default judgment by10/15/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 10/23/2024 at 9:15 a.m. Mailed notice (lxs, ) |
| NEW PARTIES: A276NK7LPHN7DW, A2KJGED7CMS087, A3DXGVOGJAMLZV, Alince LLC, AndrewLeal, Anzheshangmao, Baichuan K, BBBKER, Blaricum, Britrio, caolitongdexiaodian, Dep xinh, Eeklo, FLEMING MICHAELL, FrankAllenS, Genuine Goods Stores, GourmetGrocerHub, Guangzhouruochengshangmaoyouxiangongsi, hebeiweisidatongxunshebeixiaoshouyouxiangongsi, heilongjiangwengzhongshangmaobugerenduzi, HengYangShiZhengXiangQuXiaoYuHaoBaiHuoYouXianGongSi, HIEPPHUONG, HTTNSTORE, jinanshangpinmaoyiyouxiangongsi, katiay, Lakala Kabonka, lihaosterd, lihongyuu, lINGYI, loupengfei, Metehan Guclu LX, MVYE, NguyenNho Tu, NSHJi-US, OKKASTER, PANYUEHUARUISHANGMAO, Pmkji, putianshilichengquhuangzhipengmaoyiyouxiangongsi, RoseAlexander, seeh TG, Su Yuankke, taiyuanshizhaozeningshangmaoyouxiangongsi, tianjinxinzibaihuoyouxiangongsi, TimothyLee, Topapril, Vaskelsies, verysparkling, VICERO and VintageCollectiblesStore added to case caption. (Gaudio, Justin) |
| Filing 32 CERTIFICATE of Service by Plaintiff DH Eagles IP LLC regarding terminate hearings,,,, set/reset hearings,,, #30 (Attachments: #1 Exhibit A)(Guillermo, Quinn) |
| Filing 31 SUMMONS Returned Executed by DH Eagles IP LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/3/2024, answer due 9/24/2024. (Attachments: #1 Declaration of Lucas A. Peterson, #2 Exhibit A)(Peterson, Lucas) |
| Filing 30 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion #28 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all 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 9/5/2024." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 9/5/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. 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. The telephone status hearing set for 9/9/20204 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice (lxs, ) |
| Filing 29 MEMORANDUM by DH Eagles IP LLC in support of motion for preliminary injunction #28 (Attachments: #1 Declaration of Quinn B. Guillermo, #2 Exhibit 1)(Guillermo, Quinn) |
| Filing 28 MOTION by Plaintiff DH Eagles IP LLC for preliminary injunction (Attachments: #1 Exhibit A)(Guillermo, Quinn) |
| Filing 33 Surety BOND in the amount of $ 49,000 posted by DH Eagles IP LLC. (Document not Imaged) (jh, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (gmm, ) |
| Filing 27 Registry Deposit Information Form by DH Eagles IP LLC (Guillermo, Quinn) |
| Filing 26 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 8/26/2024. Mailed notice(lxs, ) |
| Filing 25 MINUTE entry before the Honorable Sunil R. Harjani:Plaintiff's motion for leave to file under seal #3 , ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #15 , and motion for electronic service of process #21 are granted. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit products, and 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 effectively communicates the pendency of this action to defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 4:00 p.m. on 8/26/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 9/3/2024. Telephone status hearing is set for 9/9/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) |
| Filing 24 DECLARATION of Justin R. Gaudio regarding memorandum #23 (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 23 MEMORANDUM by DH Eagles IP LLC Establishing that Joinder is Proper (Gaudio, Justin) |
| Filing 22 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #21 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 21 MEMORANDUM by DH Eagles IP LLC in support of motion for miscellaneous relief #20 (Gaudio, Justin) |
| Filing 20 MOTION by Plaintiff DH Eagles IP LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 19 SEALED EXHIBIT by Plaintiff DH Eagles IP LLC Exhibit 3 - Part 1 regarding declaration #18 (Attachments: #1 Exhibit 3-1)(Gaudio, Justin) |
| Filing 18 DECLARATION of Susan Genco regarding memorandum in support of motion #16 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 17 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #16 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 16 MEMORANDUM by DH Eagles IP LLC in support of motion for temporary restraining order #15 (Gaudio, Justin) |
| Filing 15 MOTION by Plaintiff DH Eagles IP LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 14 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (gcy, ) |
| Filing 13 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (gcy, ) |
| Filing 12 SEALED EXHIBIT by Plaintiff DH Eagles IP LLC Schedule A regarding amended complaint #11 (Gaudio, Justin) |
| Filing 11 AMENDED complaint by DH Eagles IP LLC 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 ATTORNEY Appearance for Plaintiff DH Eagles IP LLC by Lucas Allen Peterson (Peterson, Lucas) |
| Filing 9 ATTORNEY Appearance for Plaintiff DH Eagles IP LLC by Quinn Bradley Guillermo (Guillermo, Quinn) |
| Filing 8 ATTORNEY Appearance for Plaintiff DH Eagles IP LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff DH Eagles IP LLC by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims involving Trademarks by DH Eagles IP LLC (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by DH Eagles IP LLC (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff DH Eagles IP LLC for leave to file under Seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff DH Eagles IP LLC Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by DH Eagles IP LLC ; Filing fee $ 405, receipt number AILNDC-22387801. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (bi, ) |
| 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. (bi, ) |
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