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1:24-cv-00138

Atari Interactive, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A to the Complaint (ilnd-1:2024-cv-00138)

日期:2024-01-05

法院:N.D.Ill(芝加哥)

品牌:Atari 雅达利游戏

律所:Boies Schiller Flexner LLP

日期 描述
2024-07-18 FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 7/18/2024. Mailed notice
2024-07-18 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 38 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 and 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 42 that
2024-07-10 AFFIDAVIT of Service filed by Plaintiff Atari Interactive, Inc. regarding [DE 41] July 10, 2024 Court Order served on Defendants on July 10, 2024
2024-07-10 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 38 for entry of default and default judgment against all remaining defendants identified in First Amended Schedule A [40-3]. 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 7/17/2024. 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 7/17/2024. 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 tentati
2024-07-08 DECLARATION of Samantha Parrish regarding motion for default judgment 38
2024-07-08 MEMORANDUM by Atari Interactive, Inc. in support of motion for default judgment 38
2024-07-08 MOTION by Plaintiff Atari Interactive, Inc. for default judgment as to the Defendants identified on the First Amended Schedule A
2024-06-14 NOTICE of Voluntary Dismissal by Atari Interactive, Inc. of Certain Defendants Nos. 33 (adam6464), 38 (c.o.a.t), 40 (cejjfamily), and 48 (justin_voorhees)
2024-05-28 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sunil R. Harjani on 5/28/2024. Mailed notice
2024-05-28 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 32 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 34 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 o
2024-05-22 MOTION by Plaintiff Atari Interactive, Inc. for preliminary injunction
2024-05-22 SUMMONS Returned Executed by Atari Interactive, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint on 5/22/2024, answer due 6/12/2024.
2024-05-22 NOTICE of Voluntary Dismissal by Atari Interactive, Inc. of Certain Defendant Nos. 32, 34, 37, 39, 41, 46, 49, 50, 53, 54, 55, 56, 57, 58, 65, 66, 67, 68, 72, 74, 80, 99, 102, and 127
2024-05-09 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 28 is granted. For the reasons stated in Plaintiff's Memorandum [28-1], the Court finds good cause to extend the temporary restraining order an additional 14 days to 5/29/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 5/22/2024. Telephone status hearing set for 5/15/2024 is stricken and reset to 5/29/2024 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
2024-05-01 [封存] SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sunil R. Harjani on 5/1/2024. Mailed notice
2024-05-01 MINUTE entry before the Honorable Sunil R. Harjani: Enter Sealed Temporary Restraining Order at 12:00 p.m. on 5/1/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 5/8/2024. Telephone status hearing set for 5/15/2024 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
2024-04-23 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed a Supplemental Memorandum 17 establishing joinder as directed by Judge Hunt. At this preliminary stage and in the absence of adversarial presentation, the Court finds that joinder of 138 Defendants is proper at this time and this case may now proceed. Moreover, no defendants will be prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Id. Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, an asset restraint, expedited discovery, and service of process by email and/or electronic publication 8 is granted. Plaintiff's submissions establish that, were defendants to learn
2024-04-11 MINUTE entry before the Honorable Sunil R. Harjani: This case has been reassigned to the calendar of Judge Sunil R. Harjani. Plaintiff's motion for a temporary restraining order 8 and supplemental memorandum regarding joinder are taken under advisement. The Court will issue a ruling via CM/ECF. Mailed notice
2024-04-02 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0008: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Sunil R. Harjani; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Sunil R. Harjani; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Sunil R. Harjani's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Sunil R. Harjani to the Court's civil case assignment system during the next business day, so that he shall receive a full share o
2024-03-29 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Under Seal 19 is granted. Plaintiff's Appendix A 18 shall remain under seal until further court order. Emailed notice.
2024-02-16 MOTION by Plaintiff Atari Interactive, Inc. to seal Appendix A to Plaintiff's Supplemental Memorandum in Support of its Ex Parte Motion for Entry of a TRO
2024-02-16 SEALED DOCUMENT by Plaintiff Atari Interactive, Inc. Appendix A
2024-02-16 SUPPLEMENT to Plaintiff's Supplemental Memorandum in Support of its Ex Parte Motion for Entry of a Temporary Restraining Order
2024-02-16 NOTICE of Voluntary Dismissal by Atari Interactive, Inc. of Certain Defendants Nos. 49, 52, 53, 55, 57, 58, 65, 66, 68, 71, 72, 74, 80, 99, 103, 117, 127, and 152
2024-02-02 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal 7 is granted. Both Schedule A 4 and Exhibit 3 to the Declaration of Kathryn Butters 12 shall remain sealed until further court order. Plaintiff names 156 defendants in this single case and seeks ex parte TRO relief against each of them 8. However, after reviewing the complaint 1, the Court questions whether plaintiff has established sufficient grounds for joinder of all defendants under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps. Ltd. Liab. Cos., P'ships and Unincorporated Ass'ns Identified on Schedule "A," 21-cv-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). By 2/16/24, Plaintiff is ordered to file a supplemental memorandum that
2024-01-08 EMAILED to plaintiff(s) counsel Lanham Mediation Program materials.
2024-01-08 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
2024-01-05 MOTION by Plaintiff Atari Interactive, Inc. for leave to file excess pages re Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order
2024-01-05 CLAIM - AO 120 Form (Trademarks) by Atari Interactive, Inc.
2024-01-05 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Atari Interactive, Inc.
2024-01-05 SEALED DOCUMENT by Plaintiff Atari Interactive, Inc. - Schedule A to Complaint
2024-01-05 ATTORNEY Appearance for Plaintiff Atari Interactive, Inc. by Samantha Diane Parrish
2024-01-05 CIVIL Cover Sheet
2024-01-05 SEALED DOCUMENT by Plaintiff Atari Interactive, Inc. - Exhibit 3 to Declaration of Kathryn Butters - (Part 1 of 20)
2024-01-05 DECLARATION of Kathryn Butters in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order
2024-01-05 DECLARATION of Samantha Parrish in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order
2024-01-05 COMPLAINT filed by Atari Interactive, Inc.; Filing fee $ 405, receipt number AILNDC-21492386.

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