2023-cv-08806

2023-cv-08806 Luxottica Group S.p.A. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A

Date :9/11/2023
Court :Northen District of Illinois
Law FirmGBC

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Date

Document

1

Sept. 11, 2023

COMPLAINT filed by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, Inc.; Filing fee $ 402, receipt number AILNDC-21037736.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

2

Sept. 11, 2023

SEALED EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Schedule A regarding complaint 1

3

Sept. 11, 2023

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for leave to file under seal

4

Sept. 11, 2023

CIVIL Cover Sheet

5

Sept. 11, 2023

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc.

6

Sept. 11, 2023

Notice of Claims Involving Trademarks by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc.

7

Sept. 11, 2023

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Justin R. Gaudio

8

Sept. 11, 2023

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Amy Crout Ziegler

9

Sept. 11, 2023

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Jake Michael Christensen

10

Sept. 11, 2023

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Thomas Joseph Juettner

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeffrey Cummings. 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.

11

Sept. 13, 2023

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery

12

Sept. 13, 2023

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for temporary restraining order, [11]

13

Sept. 13, 2023

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

14

Sept. 13, 2023

DECLARATION of Jason Groppe regarding memorandum in support of motion[12]

Exhibit 1

Exhibit 2

15

Sept. 13, 2023

SEALED EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Exhibit 3 - Parts 1-6 regarding declaration[14]

16

Sept. 13, 2023

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

17

Sept. 13, 2023

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for miscellaneous relief[16]

18

Sept. 13, 2023

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17]

Exhibit 1

Exhibit 2

19

Sept. 18, 2023

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motions for leave to file under seal 3 and motion for electronic service of process 16 are granted. Plaintiff's ex parte motion for a temporary restraining order (etc.) is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Preliminary injunction hearing is set for 10/2/2023 at 8:55 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Any motion for preliminary injunction or motion to extend the TRO must be filed by 9/26/2023. 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.

20

Sept. 18, 2023

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 9/18/2023.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

21

Sept. 21, 2023

SURETY BOND in the amount of $10,000 posted by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. (Document not scanned.)

22

Sept. 26, 2023

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for extension of time of Temporary Restraining Order

23

Sept. 26, 2023

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of extension of time[22]

Declaration of Jake M. Christensen

24

Sept. 28, 2023

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for extension of temporary restraining order 22 is granted, good cause having been shown. The preliminary injunction hearing set for 10/2/2023 is vacated and reset to 10/16/2023 at 8:55 AM, using call-in number 888-684-8842, access code 746-1053. Any motion for preliminary injunction must be filed by no later than 10/11/2023.

25

Oct. 11, 2023

NOTICE of Voluntary Dismissal by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. as to Certain Defendants

26

Oct. 11, 2023

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for preliminary injunction as to Defendant Nos. 6-142

Exhibit A

27

Oct. 11, 2023

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for preliminary injunction[26]

Declaration of Jake M. Christensen

Exhibit 1

28

Oct. 11, 2023

SUMMONS Returned Executed by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/11/2023, answer due 11/1/2023.

Declaration of Thomas J. Juettner

Exhibit A

29

Oct. 12, 2023

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of a preliminary injunction as to certain defendants [26] is granted. Enter Preliminary Injunction Order As To Certain Defendants. The preliminary injunction hearing set for 10/16/2023 is vacated. The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Greer, Burns and Crain, Ltd. 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 12/19/2023 at 8:50 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 12/12/2023. Mailed notice.

30

Oct. 12, 2023

PRELIMINARY INJUNCTION ORDER As to Certain Defendants: Signed by the Honorable Matthew F. Kennelly on 10/12/2023. Mailed notice.

NEW PARTIES: Home-Art Store, Shop1100005111 Store, Shop1102164318 Store, SYM-L Store, ZX-shopstore Store, balloon party supplies, balenciga888 Store, borsas Store, digua55, rcfs, repickball, sandysunglasses003, sandysunglasses006 Store, yy13516949815 Store, atweph-785, bluebeauty-2020, brandst80, changu-5548, cheerfuluyu457, cogn2022, dilan1_86, dsxgvkwzc413, fivwwwyxy756, ftingc, genshuan46, hengp_90, hetingjr12, hhh825up, inone35, jin97_56, jingwen5_98, jingxiazhang, jkqv-87, kate-7503, kongweichen982, kunmingqiongweisha-0, leilei-198, liangguohua05, liuy-48, nenoa-72, nfdherghwr_0, premiumtoolsforyou, ptkesg24, qiming-78, qinfeng16, quanbo89, renlaosha7, roufei-84, sanzhuosupplychain-0, saynd-3058, saynd-711, sejbfg_78, shaolai1985, shikn-33, sleyd28, sselect452, starh1865, storeig_95, surekoot, sweetsociety, tasha_5811, teig-6063, teighe69, thasat-54, thit3771, thoug_4245, tiantianyouxuan, tmgbeaut_0, wuzhihao19990, xiaohan-85, xueruimin123, yangleizy06, yuetao99327a, yuyu1688, zemeng-80, lukethorovip, 3.21129E+11, Big Bull Ge, Brooke, Brother fashion two, Colorful Twins Plus, dotey, NAZARD Eyewear, Shihui Boutique, The First Queen, Vrbort, watch, Comercio El Radiante CA, Diango, Letifashion Its Shop, Nirvanatravel, suihuoshangmao, tianqiyun, Tilymode, wangqiaojun4369, ray-ban-discountstore.com, ray-ban-shop.com, raybanssunglasses.us.com, raybanstyle.com, rbbmk.com, rbhnm.com, rbloti.com, rbrse.com, rbsunglass.online, rbvek.com, rbwbf.com, rbyub.com, baseeifilm.live, brandedsunglassfactory.com, dasborad.top, dimsunshine.com, fastyle.top, glasseslike.life, glassexy.com, goodglasses.shop, hotgusf.shop, j-store.org, kayvr.top, letgafact.live, letkledge.live, lowtwflee.live, oakleystoresuk.com, oakley--sunglasses.us.org, onestampdeal.shop, optcxfate.life, payuqrapid.xyz, pilotsunglassesshop.com, pipifakeoakleys.com, salesnowgoggles.com, salesstoresunglasses.com, shop-sunglasses.com, splithealthc.com, sunglassespopularsales.com, sunglasses-salesstore.com, sunglasslike.com, sunglassshoponline.com, sunglassstore.life, topglasses.life and wcyjom.com added to case caption.

31

Oct. 13, 2023

SUMMONS Returned Executed by Oakley, Inc., Luxottica Group S.p.A., Costa Del Mar, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/13/2023, answer due 11/3/2023.

Declaration of Thomas J. Juettner

(Exhibit A)

32

Oct. 18, 2023

MAILED trademark report to Patent Trademark Office, Alexandria VA.

33

Oct. 18, 2023

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

34

Oct. 19, 2023

NOTICE of Voluntary Dismissal by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. as to certain defendant

35

Nov. 7, 2023

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for entry of default as to all Defendants, MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for default judgment as to all Defendants

Exhibit A

36

Nov. 7, 2023

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for entry of default, motion for default judgment, [35]

Exhibit 1

37

Nov. 7, 2023

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[36]

Exhibit 1

38

Nov. 8, 2023

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of default 35 is granted. Final Default Judgment Order to follow. Civil case terminated. Mailed notice.

39

Nov. 8, 2023

FINAL DEFAULT JUDGMENT ORDER: Signed by the Honorable Matthew F. Kennelly on 11/8/2023. Mailed notice.

40

Jan. 18, 2024

NOTICE of return of material to Greer, Burns, & Crain, Ltd. bond[21]

41

Feb. 29, 2024

FULL SATISFACTION of Judgment regarding order 39 in the amount of $100,000 as to certain defendants

42

March 7, 2024

FULL SATISFACTION of Judgment regarding order 39 in the amount of $100,000 as to certain defendant

43

May 16, 2024

FULL SATISFACTION of Judgment regarding order 39 in the amount of $100,000 as to certain defendant

44

Dec. 19, 2024

FULL SATISFACTION of Judgment regarding order[39] in the amount of $100,000 as to certain defendant

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