Bug Art Limited v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Bug Art Limited |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Fujiuia, JSWSTORE (Fast logistics / 7-14 day delivery), Ykouyu Fairy's Shoe Shop, SHUNQING, MNDSUDHG, DGZTWLL, Trendy Me (Hot Sale), SUNNLINN 7-14 Days Delivery, Tian'er Clothing Brand Store, Lightning Deals YuanXingYiRenJiaoYuZiXunYouXian, Konxxtt, Deal of The Day Prime Today 2024 LCMTWX, nananyantiguojimaoyi, Xian Yuefeng, XUETON 7-15Days Arrive, FuWenBin0905, SHANDONGSHUI, Arudiba, Ashowlaco Direct, YRJZSBG, Deal of The Day Prime Today 2024, ZJHANHGKK, nxyeol Warehouse Clearance, QINGQIUWANGLUO, rexiao shop, aimuha, Deal of The Day Prime Today 2024 Beryty, YS Clothing Store (10-15 Days Delivery), YKJATS, ECHOBIRD, deardeerdd, Brnmyaeo Online, xuquanchengdlsakfoajsfaa, yuxiqingyaodianzishangwuyouxiangongsi, Dinghua ecological environment, yuxijiaojishangmaoyouxiangongsi, QuNuanJuanWuJiaGangDianSha, yue sp, vvfuhuishangmao, lohquyg, longchun, PANYUEHUARUISHANGMAO, wanyn, mingwuyushangmaoyouxiangongsi, ezhoushihongmubaihuoshanghang111, Ambition CASH, YISHENG Sweaters, Defendant No. 7, Defendant No. 32 and Defendant No. 33 |
| 1:2024cv08231 |
| September 10, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Sunil R Harjani |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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| Document Text |
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| Filing 38 RETURN of U.S. Post Office Receipt, article no. 9589 0710 5270 0579 7797 62. (Received by mail in the Clerk's Office on 11/01/24) (aee, ) |
| Filing 37 MAILED copyright report with certified copy of orders dated 10/18/2024 to Registrar, Washington DC. (evw, ) |
| MAILED original $50,000 surety bond posted by Bug Art Limited to Keith A. Vogt, 33 W Jackson Blvd, #2W, Chicago, Illinois, 60604 via USPS certified mail #9589 0710 5270 0579 7797 62. (evw, ) |
| Filing 36 FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 10/18/2024. Mailed notice(lxs, ) |
| Filing 35 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 #30 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 copyrights 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 #33 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 10/24/2024 is stricken. The Clerk of the Court is directed to return the surety bond posted in the amount of fifty thousand dollar ($50,000) to Plaintiff or its counsel, Keith A. Vogt, 33 W Jackson Blvd, #2W, Chicago, Illinois, 60604. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice (lxs, ) |
| Filing 34 NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants (Vogt, Keith) |
| Filing 33 CERTIFICATE of Service by Plaintiff Bug Art Limited regarding set/reset hearings,,,, #32 (Vogt, Keith) |
| Filing 32 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion #30 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 10/17/2024. 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 10/17/2024. 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 10/24/2024 at 9:15 a.m. Telephone status hearing set for 11/7/2024 is stricken. Mailed notice (lxs, ) |
| Filing 31 MEMORANDUM by Bug Art Limited in support of motion for default judgment #30 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 30 MOTION by Plaintiff Bug Art Limited for default judgment as to Against the Defendants Identified in First Amended Schedule A (Vogt, Keith) |
| Filing 29 NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants (Vogt, Keith) |
| NEW PARTIES: Xian Yuefeng, Arudiba, MNDSUDHG, Deal of The Day Prime Today 2024 LCMTWX, SHUNQING, Ykouyu Fairy's Shoe Shop, Tian'er Clothing Brand Store, Deal of The Day Prime Today 2024, JSWSTORE (Fast logistics / 7-14 day delivery), ZJHANHGKK, Trendy Me (Hot Sale), FuWenBin0905, nxyeol Warehouse Clearance, Konxxtt, YRJZSBG, XUETON 7-15Days Arrive, SUNNLINN 7-14 Days Delivery, Fujiuia, Lightning Deals YuanXingYiRenJiaoYuZiXunYouXian, DGZTWLL, Ashowlaco Direct, SHANDONGSHUI, nananyantiguojimaoyi, QINGQIUWANGLUO, rexiao shop, aimuha, Deal of The Day Prime Today 2024 Beryty, YS Clothing Store (10-15 Days Delivery), YKJATS, ECHOBIRD, deardeerdd, Brnmyaeo Online, xuquanchengdlsakfoajsfaa, yuxiqingyaodianzishangwuyouxiangongsi, Dinghua ecological environment, yuxijiaojishangmaoyouxiangongsi, QuNuanJuanWuJiaGangDianSha, yue sp, vvfuhuishangmao, lohquyg, longchun, PANYUEHUARUISHANGMAO, wanyn, mingwuyushangmaoyouxiangongsi, ezhoushihongmubaihuoshanghang111, Ambition CASH and YISHENG Sweaters added to case caption. (Bu, Yi) |
| NEW PARTIES: Defendant No. 7, Defendant No. 32 and Defendant No. 33 added to case caption. (Bu, Yi) |
| Filing 28 PRELIMINARY Injunction Order. Signed by the Honorable Sunil R. Harjani on 9/24/2024. Mailed notice. (ecw, ) |
| Filing 27 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction #22 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 [24, 26] 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 Amended 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 9/25/2024 is stricken. Summons was issued on 9/11/2024, and Defendants' responses to the complaint are due by 10/9/2024. Plaintiff should file any motion for entry of default and default judgment by 10/30/2024. 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 11/7/2024 at 9:15 a.m. Mailed notice. (ecw, ) |
| Filing 26 CERTIFICATE of Service by Plaintiff Bug Art Limited regarding terminate hearings,,,,, set/reset hearings,,,, #25 (Vogt, Keith) |
| Filing 25 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion #22 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all 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 9/23/2024." 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 9/23/2024. 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. Telephone status hearing set for 9/25/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice (lxs, ) |
| Filing 24 SUMMONS Returned Executed by Bug Art Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/18/2024, answer due 10/9/2024. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 23 MEMORANDUM by Bug Art Limited in support of motion for preliminary injunction #22 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, of Keith A. Vogt's Declaration)(Vogt, Keith) |
| Filing 22 MOTION by Plaintiff Bug Art Limited for preliminary injunction (Vogt, Keith) |
| Filing 21 SURETY BOND in the amount of $ 50,000.00 posted by Bug Art Limited (Document not scanned.) (lw, ) |
| Filing 20 TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 9/11/2024. Mailed notice(lxs, ) Modified on 9/25/2024 (smb, ). |
| Filing 19 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal #13 , motion to exceed page limitation #14 , and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 15 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 defendants' unauthorized use of plaintiff's copyrighted works, 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 1:30 p.m. on 9/11/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 9/18/2024. Telephone status hearing is set for 9/25/2024 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 18 MAILED Copyright report to Registrar, Washington DC (mcp, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (men, ) |
| Filing 17 EXHIBIT by Plaintiff Bug Art Limited Sealed Exhibit 2, Declaration of Jane Crowther regarding memorandum in support of motion, #16 (Attachments: #1 Exhibit 2-1)(Vogt, Keith) Modified on 9/25/2024 (smb, ). |
| Filing 16 MEMORANDUM in support of 15 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4 of Keith A. Vogt's declaration, #3 Declaration of Jane Crowther, #4 Exhibit 1, of Jane Crowther's declaration)(Vogt, Keith) |
| Filing 14 MOTION by Plaintiff Bug Art Limited for leave to file excess pages (Vogt, Keith) |
| Filing 13 MOTION by Plaintiff Bug Art Limited for leave to file under seal (Vogt, Keith) |
| Filing 12 [AMENDED] SCHEDULE A TO COMPLAINT by Plaintiff Bug Art Limited [Amended] Schedule A to Complaint #1 and Schedule A #2 (Vogt, Keith) Modified on 9/25/2024 (smb, ). |
| Filing 11 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bug Art Limited (Vogt, Keith) |
| Filing 10 ATTORNEY Appearance for Plaintiff Bug Art Limited by Christopher Romero (Romero, Christopher) |
| Filing 9 ATTORNEY Appearance for Plaintiff Bug Art Limited by Monica Rita Martin (Martin, Monica) |
| Filing 8 ATTORNEY Appearance for Plaintiff Bug Art Limited by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Bug Art Limited by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Bug Art Limited by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Bug Art Limited by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Bug Art Limited by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SCHEDULE A TO COMPLAINT by Plaintiff Bug Art Limited Schedule A to the Complaint #1 (Vogt, Keith) Modified on 9/25/2024 (smb, ). |
| Filing 1 COMPLAINT filed by Bug Art Limited; Filing fee $ 405, receipt number AILNDC-22456622. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| 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. (men, ) |
| CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 3). (men, ) |
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