墨婷跨境
MOT CROSS-BORDER
微信号: Mooting2018
墨婷跨境
MOT CROSS-BORDER
| 编号 | 日期 | 案件进程 |
|---|---|---|
| 44 | 2026-06-11 | RETURN of U.S. Post Office Receipt, Article No. 9589 0710 5270 0579 7836 22 (Received by mail in the Clerk's Office on 06/11/2026) |
| — | 2026-06-02 | MAILED original fifty-thousand-dollar ($50,000.00) surety bond [28] posted by Amy Crout Ziegler at Greer, Burns & Crain Ltd., 200 W. Madison St., Ste. 2100, Chicago, IL 60606 via certified mail # 9589 0710 5270 0579 7836 22. (Text entry; no document attached.) |
| 43 | 2026-06-02 | MAILED Trademark report and copy entry [41] and [42] to Patent Trademark Office, Alexandria, VA |
| 42 | 2026-05-29 | JUDGMENT: DEFAULT JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 5/29/2026. Mailed notice. |
| 41 | 2026-05-28 | MINUTES: MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 5/28/2026. No one appeared on behalf of the defendants. Plaintiff's motion for entry of default and default judgment [38] is granted. Specifically, none of Defaulting Defendants timely answered or otherwise appeared and therefore entry of default pursuant to Fed. R. Civ. P. 55(a) is appropriate. "The basic effect of an entry of default. is that upon default, the well-pleaded allegations of a complaint relating to liability are taken as true." VLM Food Trading Int'l, Inc. v. Ill. Trading Co., 811 F.3d 247, 255 (7th Cir. 2016) (internal quotation marks omitted); see also Quincy Bioscience, LLC v. Ellishbooks, 957 F.3d 725, 729 (7th Cir. 2020). With respect to the request for entry of default judgment pursuant to Fed. R. Civ. P. 55(b), the Court finds that Plaintiff has satisfied the requirements for imposition of a permanent injunction and therefore grants that relief. See eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 391 (2006) (setting forth a four-factor test for issuance of a permanent injunction). In addition, for all but two Defaulting Defendants, Plaintiff requests monetary relief in the form of an award of the Defaulting Defendant's "profits." Plaintiff supports its determination of profits for each of these Defaulting Defendants with a declaration from Plaintiff's counsel [34] setting forth information obtained from the seller's platform regarding (1) the amount restrained pursuant to the asset restraint in the preliminary injunction issued 4/23/2026 [34], and (2) the amount of known revenue for the unique product identification number associated with the infringing product. Based on this information, Plaintiff seeks a damages award equal to the amount of restrained funds for each Defaulting Defendant. Plaintiff seeks an award of the full amount of the restrained funds even if the amount of funds restrained exceeds the amount of revenue attributed to the infringing product. According to Plaintiff, "the restrained balance is the best available measure to determine profits" for those Defaulting Defendants. [39] at 12. The Court disagrees. Plaintiff's position is based on an assumption regarding the existence of additional e-commerce stores and infringing products for which it offers no evidence. In cases where the total amount restrained for a Defaulting Defendant exceeds the documented amount of revenue from infringing products, the Court finds no basis in the record other than speculation to attribute the excess funds to sales of other infringing products (as opposed to, for instance, sales of non-infringing products on the same platform). Accordingly, the Court declines to include such excess amounts in the total profits award for each Defaulting Defendant. The Court finds this approach to be consistent with that in Dyson Technology Ltd. v. David 7 Store, 132 F.4th 526, 528-29 (7th Cir. 2025) (considering the proper methodology for determining an award of the infringer's profits in the context of a trademark infringement claim under the Lanham Act, 15 U.S.C. § 1117). For the other two Defaulting Defendants, the Court grants Plaintiff's request for an award of statutory damages in the amount of $100,000. Enter Default Judgment Order. Civil case terminated. Mailed notice. |
| 40 | 2026-05-13 | DECLARATION: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[39] 1 attachment |
| 39 | 2026-05-13 | BRIEF: MEMORANDUM by Nissan North America, Inc. in support of motion for entry of default, motion for default judgment[38] 3 attachments |
| 38 | 2026-05-13 | MOTION: MOTION by Plaintiff Nissan North America, Inc. for entry of default, MOTION by Plaintiff Nissan North America, Inc. for default judgment as to all remaining Defendants 1 attachment |
| 37 | 2026-05-13 | DISMISSAL: NOTICE of Voluntary Dismissal by Nissan North America, Inc. as to certain Defendants |
| 36 | 2026-05-13 | APPEARANCE: ATTORNEY Appearance for Plaintiff Nissan North America, Inc. by Hannah Alexa Abes |
| 35 | 2026-04-30 | RESPONSE: SEALED RESPONSE by Nissan North America, Inc. to order on motion for preliminary injunction, telephone conference, set/reset hearings, [33] |
| — | 2026-04-24 | NEW PARTIES: A15SXMECG52N2F, BOYUER-US, CEBAT-US, duoyidianzi, Fwind(), acexplorer, Alice Jewelry, angennu, A baseball cap shop, A blanket that brings happiness, Adaa Sticker, Advanced Car Works A, Af Fun stickers, ALIYT, Amidst the wind and rain, and QishengShop, Apex Cloth, AutoPulse, BA BA Car sticker, BASE LEVEL, Big ears car interior, Blueberries sticker, Cacc Auto supplies, CANMINGFAN, Car new era shop, cashmoremore, CC CarStickerRush, Chaoshancaizi, CharmantG, ChenDianSticke, Clothing Pictures, Co blanket, Cotton Sticker Shop, Dexterous blanket, DMLPKKC, Dream Tian D, emo sticker, Ephedra sticker, FANKES, FLICORA, Gailian Factory Wholesale, gogogo sticker, GridlockGentman One, GridlockGentman Two, GS car sticker, GTR sticker, GUADANTHREE, GUADANTWO, Happle Sticker, HEISEKEJIKE, HHH Car Stickers Shop, Hi fun sticker shop, HISL, Hongchuang Automobile Supplies, HOOD car Sticker, Jade bamboo sticker, JarCant L, JIE crystal sticker, JJTEE, JUCHETHREE, JUCHETWO, just do clothing, JZBTHIRTEEN, KKK Sticker, Koi Funny Sticker, KUKU DI, linjiayong and Guanyu added to case caption. (Text entry; no document attached.) |
| 34 | 2026-04-23 | ORDER: PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 4/23/2026. Mailed notice |
| 33 | 2026-04-23 | MINUTES: MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 4/23/2026. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction [29] is granted. By 4/30/2026, Plaintiff shall file a supplemental submission that reflects the amount of frozen funds for each defendant. Plaintiff is granted leave to file the document under seal. Enter Preliminary Injunction Order. The Clerk's Office is directed to unseal document nos. [2], [3], [18], and [24]. Plaintiff's counsel is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Any motion for entry of default and default judgment shall be filed at least seven days in advance of the next hearing. Telephonic status hearing set for 5/28/2026 at 10:00 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
| 32 | 2026-04-20 | SERVICE: SUMMONS Returned Executed by Nissan North America, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/20/2026, answer due 5/11/2026. 2 attachments |
| 31 | 2026-04-20 | DECLARATION: DECLARATION of Justin T. Joseph regarding memorandum in support of motion[30] |
| 30 | 2026-04-20 | BRIEF: MEMORANDUM by Nissan North America, Inc. in support of motion for preliminary injunction[29] |
| 29 | 2026-04-20 | MOTION: MOTION by Plaintiff Nissan North America, Inc. for preliminary injunction 1 attachment |
| 28 | 2026-04-15 | ADMIN: SURETY BOND in the amount of $ 50,000.00 posted by Nissan North America, Inc. |
| 27 | 2026-04-10 | SUMMONS: SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 26 | 2026-04-10 | SUMMONS: SUMMONS Submitted (Court Participant) for defendant(s) The Partnerships and Unincorporated Associations Identified on Schedule A by Plaintiff Nissan North America, Inc. |
| 25 | 2026-04-10 | Registry Deposit Information Form by Nissan North America, Inc. |
| 24 | 2026-04-09 | ORDER: SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 4/9/2026. Mailed notice |
| 23 | 2026-04-09 | MINUTES: MINUTE entry before the Honorable Andrea R. Wood: This matter comes before the Court on Plaintiff's motion for leave to file under seal [4], ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [14], and motion for electronic service of process [19]. Having reviewed the motions and supporting documentation in chambers, the Court grants Plaintiff's motion for leave to file under seal [4], ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [14], and motion for electronic service of process [19]. Enter Sealed Temporary Restraining Order. The Clerk is directed to maintain the following documents under seal until further order of this Court: (1) Sealed Schedule A to the complaint [2], (2) Sealed Exhibit 2 to the Complaint [3], (3) Sealed Exhibit 2 to the Declaration of Sam Truscinski [15]. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 4:00 p.m. on 4/9/2026 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court fifty thousand dollars ($50,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic initial status hearing set for 4/10/2026 is stricken. Telephonic status hearing set for 4/23/2026 at 8:45 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
| 22 | 2026-03-06 | MINUTES: MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing set for 4/10/2026 at 8:45 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
| 21 | 2026-02-12 | DECLARATION: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20] |
| 20 | 2026-02-12 | BRIEF: MEMORANDUM by Nissan North America, Inc. in support of motion for miscellaneous relief[19] |
| 19 | 2026-02-12 | MOTION: MOTION by Plaintiff Nissan North America, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 18 | 2026-02-12 | EXHIBIT: SEALED EXHIBIT by Plaintiff Nissan North America, Inc. Exhibit 2 - Parts 1-2 regarding declaration[17] |
| 17 | 2026-02-12 | DECLARATION: DECLARATION of Sam Truscinski regarding memorandum in support of motion[15] 1 attachment |
| 16 | 2026-02-12 | DECLARATION: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15] |
| 15 | 2026-02-12 | BRIEF: MEMORANDUM by Nissan North America, Inc. in support of motion for temporary restraining order[14] |
| 14 | 2026-02-12 | MOTION: MOTION by Plaintiff Nissan North America, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| — | 2026-02-10 | ADMIN: 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. (Text entry; no document attached.) |
| — | 2026-02-10 | ADMIN: CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Judge Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.) |
| 13 | 2026-02-09 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 12 | 2026-02-09 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
| 11 | 2026-02-06 | APPEARANCE: ATTORNEY Appearance for Plaintiff Nissan North America, Inc. by Marcella Deshonda Slay |
| 10 | 2026-02-06 | APPEARANCE: ATTORNEY Appearance for Plaintiff Nissan North America, Inc. by Justin Tyler Joseph |
| 9 | 2026-02-06 | APPEARANCE: ATTORNEY Appearance for Plaintiff Nissan North America, Inc. by Amy Crout Ziegler |
| 8 | 2026-02-06 | APPEARANCE: ATTORNEY Appearance for Plaintiff Nissan North America, Inc. by Justin R. Gaudio |
| 7 | 2026-02-06 | NOTICE: Notice of Claims Involving Trademarks by Nissan North America, Inc. |
| 6 | 2026-02-06 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nissan North America, Inc. |
| 5 | 2026-02-06 | ADMIN: CIVIL Cover Sheet |
| 4 | 2026-02-06 | MOTION: MOTION by Plaintiff Nissan North America, Inc. for leave to file under seal |
| 3 | 2026-02-06 | EXHIBIT: SEALED EXHIBIT by Plaintiff Nissan North America, Inc. Exhibit 2 - Parts 1-2 regarding complaint[1] |
| 2 | 2026-02-06 | EXHIBIT: SEALED EXHIBIT by Plaintiff Nissan North America, Inc. Schedule A regarding complaint[1] |
| 1 | 2026-02-06 | COMPLAINT: COMPLAINT filed by Nissan North America, Inc.; Filing fee $ 405, receipt number AILNDC-24698448. 1 attachment |