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1:24-cv-12863

Playboy Enterprises International, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

日期:2024-12-16

法院:N.D.Ill(芝加哥)

品牌:Playboy 花花公子

律所:HSP

日期 描述
2025-03-27 ENTERED JUDGMENT Signed by the courtroom deputy on 03/27/2025. Emailed notice
2025-03-27 FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 03/27/2025. Emailed notice
2025-03-27 MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely response to the amended complaint, the motion for default judgment is granted. Statutory damages entered in favor of the Plaintiff and against the Defendants in the amount of twenty-five thousand dollars ($25,000) against each Defendant. Given the finding of willfulness based on the default, a permanent injunction is entered. A separate AO-450 judgment shall be entered. The status hearing of 03/28/2025 is vacated. Civil case terminated. Emailed notice
2025-03-21 STATUS Report by Playboy Enterprises International, Inc.
2025-03-21 DECLARATION of Michael A. Hierl regarding motion for default judgment, 39
2025-03-21 MEMORANDUM by Playboy Enterprises International, Inc. in support of motion for default judgment, 39
2025-03-21 MOTION by Plaintiff Playboy Enterprises International, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
2025-03-21 CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Playboy Enterprises International, Inc.
2025-02-27 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 02/27/2025. Emailed notice
2025-02-27 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified the entry of the TRO, the motion for preliminary injunction 31 is granted. Given the answer deadline of 03/14/2025, the tracking status hearing of 02/28/2025 is reset to 03/28/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 03/21/2025. If the Defendants do not answer on time, then they are deemed in default, and the Plaintiff shall file a default-judgment motion on 03/21/2025. Emailed notice
2025-02-24 SUMMONS Returned Executed by Playboy Enterprises International, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 2/21/2025, answer due 3/14/2025.
2025-02-21 STATUS Report by Playboy Enterprises International, Inc.
2025-02-21 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 31
2025-02-21 MEMORANDUM by Playboy Enterprises International, Inc. in support of motion for preliminary injunction 31
2025-02-21 MOTION by Plaintiff Playboy Enterprises International, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
2025-02-21 SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
2025-02-13 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the motion to extend the TRO 25 is granted through 02/25/2025. On review of the status report, R. 26, the tracking status hearing of 02/14/2025 is reset to 02/28/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report and, if appropriate, a motion for preliminary injunction by 02/21/2025. Emailed notice
2025-02-07 STATUS Report by Playboy Enterprises International, Inc.
2025-02-07 MOTION by Plaintiff Playboy Enterprises International, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
2025-02-06 SURETY BOND in the amount of $ 10,000.00 posted by Playboy Enterprises International, Inc. (Document not imaged)
2025-01-28 (PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 01/28/2025. Emailed notice
2025-01-28 [封存] SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 01/28/2025. Emailed notice
2025-01-28 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 18 for temporary restraining order and other relief is granted. The TRO will run through 02/11/2025. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advanc
2025-01-27 Notice of Claims Involving Trademarks by Playboy Enterprises International, Inc.
2025-01-27 SEALED DOCUMENT by Plaintiff Playboy Enterprises International, Inc. Exhibit 2 to McCarthy Declaration
2025-01-27 MEMORANDUM by Playboy Enterprises International, Inc. in support of motion for temporary restraining order, 18
2025-01-27 MOTION by Plaintiff Playboy Enterprises International, Inc. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
2025-01-27 MOTION by Plaintiff Playboy Enterprises International, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
2025-01-16 MINUTE entry before the Honorable Edmond E. Chang: On review of the joinder filings, R. 13, 14, 15, the joinder inquiry is satisfied as to the 2 Defendants on Amended Schedule A. Not only do those Defendants use the same 12-array of images, the advertising text comprise the exact same 20 unique (and mostly unrelated) words in sequence. If the Plaintiff wishes to file a TRO motion, then the Plaintiff shall do so by 01/27/2025 (and email an MS Word version of the proposed order). Otherwise, the Plaintiff shall file a status report on 01/27/2025. The tracking status hearing of 01/17/2025 is reset 01/31/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice
2025-01-07 SEALED DOCUMENT by Plaintiff Playboy Enterprises International, Inc. Exhibit AA
2025-01-07 MEMORANDUM by Playboy Enterprises International, Inc. Plaintiff's Memorandum in Support of Joinder
2025-01-07 SEALED DOCUMENT by Plaintiff Playboy Enterprises International, Inc. Amended Schedule A
2025-01-07 AMENDED complaint by Playboy Enterprises International, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
2024-12-27 ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any quest
2024-12-18 MINUTE entry before the Honorable Edmond E. Chang:(1.) The motion 7 to seal is granted in light of the goal of asset restraint. (2.) But on review of the complaint and the TRO brief, the Court raises the propriety of joinder of the 185 Defendants. Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 18789 (N.D. Ill. 2020), and file a supplemental memorandum addressing the propriety of joinder by 01/08/2025. In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memo explaining why joinder of those defendants is proper. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 01/17/2025 at 8:30 a.m. Mailed notice
2024-12-16 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Playboy Enterprises International, Inc.
2024-12-16 SEALED DOCUMENT by Plaintiff Playboy Enterprises International, Inc. Sealed Schedule A
2024-12-16 MOTION by Plaintiff Playboy Enterprises International, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal
2024-12-16 ATTORNEY Appearance for Plaintiff Playboy Enterprises International, Inc. by John Wilson
2024-12-16 ATTORNEY Appearance for Plaintiff Playboy Enterprises International, Inc. by Robert Payton Mcmurray
2024-12-16 ATTORNEY Appearance for Plaintiff Playboy Enterprises International, Inc. by William Benjamin Kalbac
2024-12-16 ATTORNEY Appearance for Plaintiff Playboy Enterprises International, Inc. by Michael A. Hierl
2024-12-16 CIVIL Cover Sheet
2024-12-16 COMPLAINT filed by Playboy Enterprises International, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22845439.

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