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1:23-cv-05082

Duffy Archive Limited v. The Partnerships and Unincorporated Associations Identified On Schedule A (ilnd-1:2023-cv-05082)

日期:2023-08-02

法院:N.D.Ill(芝加哥)

品牌:Aladdin Sane Photographs 版权画

律所:TME

日期 描述
2023-12-04 MAILED Copyright report with Order dated 12/1/23 to Registrar, Washington DC
2023-12-01 FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 12/1/2023. Emailed notice.
2023-12-01 MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [37] 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. Because this infringement was willful and considering the value of Plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $25,000 is an appropriate award of statutory damages against each remaining defendant. Enter Final Judgment Order. Civil case terminated. Emailed notice.
2023-11-15 CERTIFICATE of Service by Sydney Paige Fenton on behalf of Duffy Archive Limited
2023-11-14 MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment [37] against the remaining defendants identified in Amended Schedule A [37-1]. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Amended Schedule A is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendants must be filed on or before 11/28/23. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining affected Defendants within one business day of its entry on the docket and must promptly file proof of that service. Emailed notice.
2023-11-13 DECLARATION of Martin F. Trainor regarding memorandum in support of motion[38]
2023-11-13 MEMORANDUM by Duffy Archive Limited in support of motion for entry of default, motion for default judgment[37]
2023-11-13 MOTION by Plaintiff Duffy Archive Limited for entry of default, MOTION by Plaintiff Duffy Archive Limited for default judgment as to all Defendants
2023-10-19 MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case [35]. Summons were issued on 9/22/23 and Defendants' responses to the complaint were due by 10/13/23 [27]. By 11/13/23, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice.
2023-10-19 MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for a preliminary injunction [28], which the Court now considers unopposed because no Defendant filed a notice of objection by the 10/6/23 deadline. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 [33] that it provided electronic notice to de
2023-10-19 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 10/19/23. Emailed notice.
2023-09-26 CERTIFICATE of Service by Sydney Paige Fenton on behalf of Duffy Archive Limited
2023-09-26 NOTICE by Sydney Paige Fenton of Change of Address
2023-09-26 NOTICE by Martin Francis Trainor of Change of Address
2023-09-25 MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of a preliminary injunction [28], which the Court has taken under advisement. All remaining defendants are advised that the Court will consider the motion unopposed if no Defendant files a notice of objection by 10/6/23. Plaintiff must serve a copy of this minute order upon all remaining defendants within one business day of its entry upon the docket and promptly file proof of that service. For the reasons stated in the Court's orders initially entering the TRO, and then extending the TRO, the TRO is extended to and including the date 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 Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective."
2023-09-22 MEMORANDUM by Duffy Archive Limited in support of motion for preliminary injunction[28]
2023-09-22 MOTION by Plaintiff Duffy Archive Limited for preliminary injunction
2023-09-22 SUMMONS Returned Executed by Duffy Archive Limited as to The Partnerships and Unincorporated Associations Identified On Schedule A on 9/22/2023, answer due 10/13/2023.
2023-09-15 MINUTE entry before the Honorable LaShonda A. Hunt: The Court grants Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order [24] for the reasons stated in the order granting the initial TRO [22]. The TRO is extended to 9/27/23. Emailed notice.
2023-09-08 MEMORANDUM by Duffy Archive Limited in support of motion for miscellaneous relief[24]
2023-09-08 MOTION by Plaintiff Duffy Archive Limited to Extend the Temporary Restraining Order
2023-09-05 SURETY BOND in the amount of $ 5,000 posted by Duffy Archive Limited. (Document not Scanned)
2023-08-30 [封存] SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 8/30/2023. Mailed copy to Plaintiff's counsel.
2023-08-30 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order including a temporary injunction, a temporary asset restraint, and expedited discovery [8] and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [12] are granted as to all Defendants on sealed Amended Schedule A [18]. Plaintiff's submissions generally establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested 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 for now file under seal the documents identified in the previously granted motion to seal [19]. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. The Court further finds that Plaintiff's filings
2023-08-25 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Certain Documents Under Seal is [19] granted. Emailed notice.
2023-08-23 MOTION by Plaintiff Duffy Archive Limited for Leave to File Certain Documents Under Seal
2023-08-23 [封存] SEALED EXHIBIT by Plaintiff Duffy Archive Limited Schedule A regarding amended complaint[16]
2023-08-23 [封存] SEALED EXHIBIT by Plaintiff Duffy Archive Limited Exhibit 1 regarding amended complaint[16]
2023-08-23 AMENDED complaint by Duffy Archive Limited against The Partnerships and Unincorporated Associations Identified On Schedule A
2023-08-14 MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the Complaint [1], the Court questions whether joinder of 94 defendants is appropriate in this case. Plaintiff alleges that Defendants operate e-commerce stores that infringe upon its copyrighted works, the Aladdin Sane Photographs. The Complaint alleges that Defendants "concurrently employ and benefit from substantially similar advertising and marketing strategies" and "share identifiers" suggesting that their products "were manufactured by and come from a common source." [Id. at 9-10]. Although the Complaint and attachments total 150 pages, those are the only allegations offered to establish a connection between all of the Defendants. Such conclusory statements, however, do not satisfy the principles described in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.3d 182 (N.D. Ill. 2020). Accordingly, Plaintiff is ordered to file a supplemental memorandum addressing the propriety of joinder by 8/24/23. Alternatively, by
2023-08-14 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Certain Documents Under Seal [3] is granted. Emailed notice.
2023-08-09 MEMORANDUM by Duffy Archive Limited in support of motion for miscellaneous relief[8]
2023-08-09 MOTION by Plaintiff Duffy Archive Limited for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
2023-08-09 MEMORANDUM by Duffy Archive Limited in support of motion for miscellaneous relief[12]
2023-08-09 MOTION by Plaintiff Duffy Archive Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
2023-08-09 [封存] SEALED EXHIBIT by Plaintiff Duffy Archive Limited Exhibit 2 Part 1-5 regarding declaration[10]
2023-08-09 DECLARATION of Stewart Miller regarding memorandum in support of motion[9]
2023-08-02 ATTORNEY Appearance for Plaintiff Duffy Archive Limited by Sydney Paige Fenton
2023-08-02 ATTORNEY Appearance for Plaintiff Duffy Archive Limited by Martin Francis Trainor
2023-08-02 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Duffy Archive Limited
2023-08-02 CIVIL Cover Sheet
2023-08-02 MOTION by Plaintiff Duffy Archive Limited for Leave to File Certain Documents Under Seal
2023-08-02 [封存] SEALED EXHIBIT by Plaintiff Duffy Archive Limited Schedule A regarding complaint[1]
2023-08-02 COMPLAINT filed by Duffy Archive Limited; Filing fee $ 402, receipt number AILNDC-20890433.

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