2023-cv-04929

COMPLAINT filed by Canvasfish.com, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-20874670.

(Exhibit Exhibit 1)

SEALED DOCUMENT by Plaintiff Canvasfish.com, LLC Schedule A to Complaint

ATTORNEY Appearance for Plaintiff Canvasfish.com, LLC by Eric Charles Turnbull

MOTION by Plaintiff Canvasfish.com, LLC to seal

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Canvasfish.com, LLC

CIVIL Cover Sheet

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment.

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.

MOTION by Plaintiff Canvasfish.com, LLC for temporary restraining order

MOTION by Plaintiff Canvasfish.com, LLC for Electronic Service

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 4 and motion for electronic service of process 11 are granted. Plaintiff's motion for entry of an ex parte temporary restraining order 7 is denied without prejudice due to plaintiff's failure to provide a Word version of its proposed TRO to Judge Kennelly's proposed order e-mail address at the time of filing of the motion, as specifically required per the procedures on his web page. Plaintiff may refile the motion if and when it is prepared to provide a draft order (in Word) in conformity to those procedures.

MOTION by Plaintiff Canvasfish.com, LLC for temporary restraining order

MAILED Copyright report to Registrar, Washington DC.

((List of Copyrights))

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's renewed motion for an ex parte temporary restraining order [15] is again denied. The problem this time is that the proposed order provided to Judge Kennelly's web page - which counsel had failed to do on the first try - now does not attach the "Schedule A" listing the parties restrained but rather attempts to incorporate another filing by reference in that regard. That's not appropriate under controlling Seventh Circuit law; an injunction must be a self-contained order. The Court will give plaintiff's counsel one more try, but only one more. Counsel might be well advised to associate with local counsel who is more familiar with practice in this district.

MOTION by Plaintiff Canvasfish.com, LLC for temporary restraining order

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's ex parte motion for entry of a sealed temporary restraining order 18 is granted. Enter Sealed Ex Parte Temporary Restraining Order. Preliminary injunction hearing is set for 8/29/2023 at 8:55 AM. The following call-in number will be used for the status hearing: 888-684-8852; access code 746-1053. Any motion to extend the TRO or motion for preliminary injunction must be filed by no later that 8/23/2023. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 8/14/2023.

MOTION by Plaintiff Canvasfish.com, LLC for extension of time for Temporary Restraining Order

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for extension of the ex parte temporary restraining order 21 is granted; the temporary restraining order entered by the Court on 8/14/2023 is extended through 9/11/1023. The preliminary injunction hearing set for 8/29/2023 is vacated and reset to 9/11/2023 at 9:05 AM. The following call-in number will be used for the status hearing: 888-684-8852; access code 746-1053. Any motion for preliminary injunction must be filed by no later that 9/6/2023 and must be accompanied by a certificate stating upon whom and how the motion has been served.

MOTION by Plaintiff Canvasfish.com, LLC for preliminary injunction

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of a preliminary injunction 24 is granted. Enter Preliminary Injunction Order. The preliminary injunction hearing set for 9/11/2023 is vacated. The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Revision Legal, PLLC 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 located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The case is set for a telephonic status hearing on 11/14/2023 at 8:55 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Plaintiff is directed to file a status report on 11/7/2023. Mailed notice.

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 9/6/2023. Mailed notice.

MOTION by Plaintiff Canvasfish.com, LLC for default judgment as to all Defendants

MEMORANDUM by Canvasfish.com, LLC in support of motion for default judgment 30 as to all Defendants

Exhibit Schedule of Defaulting Defendants

Exhibit Declaration in Support

(Exhibit Proposed Default Judgment Order)

MINUTE entry before the Honorable Matthew F. Kennelly: The telephonic status hearing set for 11/14/2023 is vacated. Plaintiff's motion for default judgment 30 is set for a telephonic hearing on 9/29/2023 at 9:20 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. The Court notes that plaintiff's proposed default judgment asks for the maximum statutory trademark award against each defendant as well as the maximum statutory copyright award against each defendant, and for some defendants there appear to be multiple copyright awards proposed. Plaintiff's supporting materials do not explain the latter point and do not offer a justification for making the maximum award. Plaintiff's counsel should be prepared to answer these and other questions related to the proposed default judgment at the 9/29/2023 hearing.

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 9/29/2023. Plaintiff's counsel is directed to file a supplement to their motion for default judgment by 10/13/2023. Case is set for a telephonic status hearing on 10/18/2023 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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.

MEMORANDUM by Canvasfish.com, LLC in support of motion for default judgment 30 supplemental memorandum regarding requested damages

Exhibit Exhibit 1

(Exhibit Exhibit 2)

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 10/18/2023. The plaintiff's motion for default judgment as to all defendants 30 is taken under advisement. Mailed notice.

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has determined that the statutory damages should be $100000 per defendant under the Lanham Act and $75000 per defendant under the Copyright Act. The Court has also determined that there should be only a single statutory damages assessment for each defendant and that there is no appropriate basis for multiple per-defendant assessments. Civil case terminated. Mailed notice.

DEFAULT JUDGMENT ORDER AS TO ALL SCHEDULE A DEFENDANTS: Signed by the Honorable Matthew F. Kennelly on 10/18/2023. Mailed notice.

FULL SATISFACTION of Judgment in the amount of 175,000 as to Defendant 12 only