2023-cv-15579

2023-cv-15579 Spin Master Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A

Date :11/2/2023
Court :Northen District of Illinois
Law FirmGBC

#

Date

Document

1

Nov. 2, 2023

COMPLAINT filed by Spin Master Ltd., Spin Master Toys UK Limited; Filing fee $ 402, receipt number AILNDC-21289215.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

2

Nov. 2, 2023

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Schedule A regarding complaint[1]

3

Nov. 2, 2023

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for leave to file under seal

4

Nov. 2, 2023

CIVIL Cover Sheet

5

Nov. 2, 2023

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master Toys UK Limited

6

Nov. 2, 2023

Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master Toys UK Limited

7

Nov. 2, 2023

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Justin R. Gaudio

8

Nov. 2, 2023

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Amy Crout Ziegler

9

Nov. 2, 2023

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Justin Tyler Joseph

10

Nov. 2, 2023

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Trevor Christian Talhami

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

11

Nov. 3, 2023

MAILED trademark report to Patent Trademark Office, Alexandria VA.

12

Nov. 3, 2023

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

13

Nov. 3, 2023

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

14

Nov. 3, 2023

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for temporary restraining order 13

15

Nov. 3, 2023

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

16

Nov. 3, 2023

DECLARATION of Chris Harrs regarding memorandum in support of motion 14

(Exhibit 1)

17

Nov. 3, 2023

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Exhibit 2 - Parts 1-10 regarding declaration 16

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

Exhibit 2-5

Exhibit 2-6

Exhibit 2-7

Exhibit 2-8

Exhibit 2-9

(Exhibit 2-10)

18

Nov. 3, 2023

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Exhibit 2 - Part 11 regarding declaration 16

(Exhibit 2-11)

19

Nov. 3, 2023

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

20

Nov. 3, 2023

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for miscellaneous relief 19

21

Nov. 3, 2023

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 20

Exhibit 1

(Exhibit 2)

22

Nov. 3, 2023

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 19, motion for leave to file 3, motion for temporary restraining order 13 before Honorable John Robert Blakey on 11/8/2023 at 11:00 AM.

23

Nov. 3, 2023

MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal 3 and motion for electronic service of process 19. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order 13. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 11/17/23. The 11/8/23 Notice of Motion date is stricken. Mailed notice

24

Nov. 3, 2023

SEALED ORDER Signed by the Honorable John Robert Blakey on 11/3/2023. Mailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

25

Nov. 9, 2023

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for extension of time of Temporary Restraining Order

26

Nov. 9, 2023

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of extension of time 25

(Declaration of Justin T. Joseph)

27

Nov. 9, 2023

NOTICE of Motion by Justin Tyler Joseph for presentment of extension of time 25 before Honorable John Robert Blakey on 11/15/2023 at 11:00 AM.

28

Nov. 9, 2023

SURETY BOND in the amount of $ 10,000.00 posted by Spin Master Ltd., Spin Master Toys UK Limited. (Document not scanned).

29

Nov. 14, 2023

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion [25] to extend the temporary restraining order entered 11/3/23 [24]. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 12/1/23. The 11/15/23 Notice of Motion date is stricken. Mailed notice

30

Nov. 16, 2023

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

31

Nov. 22, 2023

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for preliminary injunction as to Certain Defendants

(Exhibit A)

32

Nov. 22, 2023

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for preliminary injunction 31

Declaration of Justin T. Joseph

Exhibit 1

(Exhibit 2)

33

Nov. 22, 2023

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction 31 before Honorable John Robert Blakey on 11/29/2023 at 11:00 AM.

(Exhibit A)

34

Nov. 22, 2023

SUMMONS Returned Executed by Spin Master Ltd., Spin Master Toys UK Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/22/2023, answer due 12/13/2023.

Declaration of Trevor C. Talhami

(Exhibit A)

35

Nov. 22, 2023

ATTORNEY Appearance for Defendant CXLHO DIRECT by Steven G Kalberg

36

Nov. 28, 2023

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal [30], the Court hereby dismisses this case without prejudice as to Defendants XIONGLISHUANG (No. 54) and vickieandneo (No. 88). Absent reinstatement by 8/29/24, this dismissal shall automatically convert to a dismissal with prejudice as to these Defendants. Mailed notice

37

Nov. 28, 2023

MOTION by Defendant The Partnerships and Unincorporated Associations Identified on Schedule A for extension of time to file response/reply as to notice of motion[33], memorandum in support of motion[32], motion for preliminary injunction[31]

38

Nov. 28, 2023

ATTORNEY Appearance for Defendant InnoWis by Mark Berkowitz

39

Nov. 28, 2023

MOTION by Defendant InnoWis for extension of time to file response/reply as to notice of motion[33], memorandum in support of motion[32], motion for preliminary injunction[31] Correcting ECF. 37 to clarify represented Defendant in ECF text

40

Nov. 29, 2023

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 11/29/2023. As discussed in court and based upon the same findings made in the TRO [24], this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction as to Defendants 12 through 100 [31]. Enter Preliminary Injunction Order as to Defendants 12 through 100. The Court directs the Clerk to unseal any previously sealed documents in this matter and directs Plaintiff's counsel to add all defendants listed on Schedule A to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The Court denies as moot Defendant InnoWis' motions to extend time [37], [39]. If, consistent with its obligations under Rule 11, this Defendant has a good faith factual and legal basis to seek reconsideration of the Court's preliminary injunction order, it may file an appropriate motion by 12/13/2023. Plaintiff shall respond to any motion by 12/29/2023, and Defendant InnoWis shall file any reply by 1/5/2024. The Court sets this matter for a status and motion hearing on 1/12/2024 at 11:00 a.m. in Courtroom 1203. Mailed notice

NEW PARTIES: Guangzhou Jden International Trade Co., Ltd., Hangzhou Dongsheng Crafts Co., Ltd., Henan Shengyi Network Technology Co., Ltd., Shantou Chenghai Hengya Toys Co., Ltd., Shantou City Chenghai District New Era Toys & Crafts Firm, Shantou Xiedefeng Toys Co., Ltd., Shantou Yuyu Trading Co., Ltd., Shenzhen Merrycoo Industrial Co., Ltd., Shijiazhuang Maikesi Brace Technology Co., Ltd., Wenzhou Haoyu Commerce Co., Ltd., Yiwu Binli Technology Co., Ltd, aganv, ganggang Store, LuckingFun Store, Professional Magic-Cube Store, Unique Toy Game Park Store, YueXin888 Toy Store, A1YKLZLIBYQJOI, AISOLOVE, Benter, Best Tiluza, Clest F&H, CXLHO DIRECT, DQstar, fangchengcheng US, Four seasons 7d, Geelystore, H-Partner, huangshanshizhaocaidianzishangwuyouxiangongsi, InnoWis, JANESVISSY-US, JINRENS, jintingshanghang, Kissdream, Kkoutoo, Kunshion, Lao Jinren, Moon Sharon Express, Ouker-Mall LLC, Rutiy, SONG si yuan, sunfany, Taiddad, ThreeXI, Tianhangshangmao, TOP-TOY, TY-BOOM, ujiangshidehongyuanmaoyiyouxi, USA Trend ha, xiaoqimaoyi, Xieneng, xingqiao2023, xintuowangluo, YSIBIT, zejundianzishangwuxiaoshoubu, ZHAOXUECHANG, ZhongYiHongDakeJi, TruGif-CR, 944husjj, afriaf_499, ayedun_92, bopwdrm65, caris9500, chirui_0, cohugu79, deepoceanfin_0, dyg9500, haizideleyuan68, hew_89719, homedesignvariety, hyautu94, jian-173636, kunminghaochoudianzishangwuyouxianzerengongsi, kurse_15, mengweiwei0, pinata-shop, planetpaci-0, roa6o_11, sadier79, samson3615, sihuche_6, snxx5509, starblue2018, supremeroastgoo_0, sybell90, unjy99f, vinglobalche0, weicube.cn, xuanxiao6as, zhang_5482, zhimowenhua003, changshayixitaoshangmaoyouxiangongsi, MianYangChuanLuoXiKeJiYouXianGongSi, ROASO, shengshimei, Shenzhen shi su long keji youxian gongsi, ShenzhenshiAidishaElectronic Technology Co., Ltd and YMYY added to case caption. (Text entry; no document attached.)

41

Nov. 30, 2023

PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 11/30/2023. Mailed notice

42

Dec. 7, 2023

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

43

Dec. 11, 2023

SUMMONS Returned Executed by Spin Master Toys UK Limited, Spin Master Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/11/2023, answer due 1/1/2024.

Declaration of Trevor C. Talhami

Exhibit A

44

Dec. 12, 2023

MOTION by Defendant CXLHO DIRECT for extension of time to file answer or otherwise respond to plaintiffs' complaint (unopposed)

45

Dec. 12, 2023

NOTICE of Motion by Steven G Kalberg for presentment of motion for extension of time to file answer[44] before Honorable John Robert Blakey on 1/3/2024 at 11:00 AM.

46

Dec. 12, 2023

MINUTE entry before the Honorable John Robert Blakey: Defendant CXLHO DIRECT's unopposed motion for extension of time to answer [44] is granted and any answer shall be filed on or before 1/12/2024. Motion hearing set for 1/3/2024 is stricken. Mailed notice

47

Dec. 13, 2023

MOTION by Defendant InnoWis to dismiss the Complaint

48

Dec. 13, 2023

MEMORANDUM by InnoWis in support of motion to dismiss[47] the Complaint

49

Dec. 13, 2023

MOTION by Defendant InnoWis to vacate preliminary injunction[41]

50

Dec. 13, 2023

MEMORANDUM by InnoWis in support of motion to vacate[49] the Preliminary Injunction Order (ECF No. 41)

51

Dec. 13, 2023

AFFIDAVIT by Defendant InnoWis in Support of MOTION by Defendant InnoWis to dismiss the Complaint [47], MOTION by Defendant InnoWis to vacate preliminary injunction[41] [49]

Exhibit 1

52

Dec. 14, 2023

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

53

Dec. 21, 2023

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

54

Dec. 22, 2023

MINUTE entry before the Honorable John Robert Blakey: Based upon the notices of voluntary dismissal [42], [52], [53], the Court hereby dismisses this case without prejudice under Rule 41(a) as to the following Defendants: JANESVISSY-US (No. 31); zejundianzishangwuxiaoshoubu (No. 56); homedesignvariety (No. 71); Dqstar (No. 24); H-Partner (No. 28); sunfany (No. 42); Taiddad (No. 43); Hangzhou Dongsheng Crafts Co., Ltd. (No. 2); CXLHO DIRECT (No. 23); and Xieneng (No. 51). Absent reinstatement by 9/6/24, the dismissal as to these Defendants shall automatically convert to a dismissal with prejudice. The Court denies without prejudice Defendant InnoWis' motions to dismiss [47] and vacate [49] based upon this Defendant's failure to comply with this Court's standing orders, which require all motions to be noticed for presentment. Mailed notice

55

Dec. 26, 2023

MOTION by Defendant InnoWis to dismiss the Complaint

56

Dec. 26, 2023

MEMORANDUM by InnoWis in support of motion to dismiss[55] the Complaint

57

Dec. 26, 2023

MOTION by Defendant InnoWis to vacate preliminary injunction[41]

58

Dec. 26, 2023

MEMORANDUM by InnoWis in support of motion to vacate[57] the Preliminary Injunction Order (ECF No. 41)

59

Dec. 26, 2023

AFFIDAVIT by Defendant InnoWis in Support of MOTION by Defendant InnoWis to vacate preliminary injunction[41] [57], MOTION by Defendant InnoWis to dismiss the Complaint [55]

Exhibit 1

60

Dec. 26, 2023

NOTICE of Motion by Mark Berkowitz for presentment of motion to dismiss[55] before Honorable John Robert Blakey on 1/10/2024 at 11:00 AM.

61

Dec. 26, 2023

NOTICE of Motion by Mark Berkowitz for presentment of motion to vacate[57] before Honorable John Robert Blakey on 1/12/2024 at 11:00 AM.

62

Dec. 28, 2023

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

63

Dec. 28, 2023

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 questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice.

64

Jan. 2, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal [62], the Court hereby dismisses this case without prejudice under Rule 41(a) as to the following Defendants: Shijiazhuang Maikesi Brace Technology Co., ltd. (No. 9); Yiwu Binli Technology Co., ltd (No. 11); Clest F&H (No. 22); Moon Sharon Express (No. 38); starblue2018 (No. 84); xuanxiao6as (No. 91); and YMYY (No. 100). Absent reinstatement by 9/27/24, the dismissal as to these Defendants shall automatically convert to a dismissal with prejudice. The Court strikes the 1/10/24 Notice of Motion date and will take up Defendant InnoWis' motions to dismiss [55] and to vacate the preliminary injunction at the 1/12/24 status and motion hearing. If Plaintiff has not already done so, it shall file any response to these motions by 1/5/24, and Defendant InnoWis may file any replies by 1/10/24. Mailed notice

65

Jan. 4, 2024

MINUTE entry before the Honorable John Robert Blakey: The Court strikes the 1/10/24 and 1/12/24 motion hearing dates and sets this matter (and pending motions [55] and [57]) for hearing on 1/24/24 at 11:00 a.m. in Courtroom 1203. Mailed notice

66

Jan. 5, 2024

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for leave to file a Separate Factual and Procedural Background

67

Jan. 5, 2024

NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file 66 before Honorable John Robert Blakey on 1/17/2024 at 11:00 AM.

68

Jan. 5, 2024

Factual and Procedural Background for Plaintiffs' Responses to Defendant's Motions 55 and 57 by Spin Master Ltd., Spin Master Toys UK Limited

69

Jan. 5, 2024

DECLARATION of Justin T. Joseph regarding other 68

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

Exhibit 9

Exhibit 10

(Exhibit 11)

70

Jan. 5, 2024

RESPONSE by Spin Master Ltd., Spin Master Toys UK Limitedin Opposition to MOTION by Defendant InnoWis to dismiss the Complaint 55

71

Jan. 5, 2024

RESPONSE by Spin Master Ltd., Spin Master Toys UK Limitedin Opposition to MOTION by Defendant InnoWis to vacate preliminary injunction 41 57

72

Jan. 8, 2024

ATTORNEY Appearance for Defendant InnoWis by David Randolph Bennett

73

Jan. 8, 2024

MINUTE entry before the Honorable John Robert Blakey: The Court denies Plaintiffs' motion for leave to file a separate factual and procedural background [66] and strikes the 1/17/24 Notice of Motion date. Plaintiff may file the background as part of its responses to both pending motions [55], [57]. Mailed notice

74

Jan. 8, 2024

RESPONSE by Spin Master Ltd., Spin Master Toys UK Limitedin Opposition to MOTION by Defendant InnoWis to dismiss the Complaint [55]

Declaration of Justin T. Joseph

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

Exhibit 9

Exhibit 10

Exhibit 11

75

Jan. 8, 2024

RESPONSE by Spin Master Ltd., Spin Master Toys UK Limitedin Opposition to MOTION by Defendant InnoWis to vacate preliminary injunction[41] [57]

Declaration of Justin T. Joseph

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

Exhibit 9

Exhibit 10

Exhibit 11

76

Jan. 8, 2024

ATTORNEY Appearance for Defendant Kunshion by Christopher Paul Keleher

77

Jan. 8, 2024

MOTION by Defendant Kunshion for extension of time to file answer regarding complaint[1]

78

Jan. 9, 2024

MINUTE entry before the Honorable John Robert Blakey: Defendant Kunshion's motion for extension of time to file answer [77] is granted and any answer shall be filed on or before 1/29/2024. Counsel is reminded that all motions shall be noticed for presentment or may be stricken. Mailed notice

79

Jan. 10, 2024

MOTION by Defendant InnoWis for extension of time to file response/reply as to response in opposition to motion, [74], response in opposition to motion, [75] a First Extension of Time for Defendant Innowis to Reply to Plaintiffs' Response to Defendant's Motion to Vacate the Preliminary Injunction and to Dismiss The Complaint (Opposed)

Exhibit A Meet and Confer Emails

80

Jan. 10, 2024

RESPONSE by Spin Master Ltd., Spin Master Toys UK Limitedin Opposition to MOTION by Defendant InnoWis for extension of time to file response/reply as to response in opposition to motion, [74], response in opposition to motion, [75] a First Extension of Time for Defendant Innowis to Reply to Plaintiffs' Response[79]

81

Jan. 10, 2024

ATTORNEY Appearance for Defendant InnoWis by Steven G Kalberg

82

Jan. 10, 2024

NOTICE of Motion by Steven G Kalberg for presentment of motion for extension of time to file response/reply, [79] before Honorable John Robert Blakey on 1/17/2024 at 11:00 AM.

83

Jan. 10, 2024

REPLY by InnoWis to MOTION by Defendant InnoWis to dismiss the Complaint [55]

84

Jan. 10, 2024

REPLY by InnoWis to MOTION by Defendant InnoWis to vacate preliminary injunction[41] [57]

85

Jan. 10, 2024

AFFIDAVIT by Defendant InnoWis in Support of MOTION by Defendant InnoWis to vacate preliminary injunction[41] [57]

Exhibit A - ASIN B0CFV1KQC8

Exhibit B - ASIN B0CLD5YCZW

86

Jan. 11, 2024

MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendant InnoWis' motion to extend time [79], over objection. Defendant shall file its reply briefs by 1/16/24. Mailed notice

87

Jan. 11, 2024

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant

88

Jan. 12, 2024

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited to strike affidavit in support of motion, 85, reply to response to motion 84, reply to response to motion 83

(Exhibit 1)

89

Jan. 12, 2024

NOTICE of Motion by Justin R. Gaudio for presentment of motion to strike, 88 before Honorable John Robert Blakey on 1/24/2024 at 11:00 AM.

90

Jan. 18, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of dismissal [87], the Court dismisses this case without prejudice as to Defendant Shantou Xiedefeng Toys Co., Ltd. (No. 6). Absent reinstatement by 10/11/24, this dismissal shall automatically convert to a dismissal with prejudice. The Court takes under advisement Plaintiffs' motion to strike [88]. The parties should be prepared to argue all motions at the 1/24/24 motion hearing. Mailed notice

91

Jan. 19, 2024

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to a certain Defendant

92

Jan. 19, 2024

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for default judgment as to all Defendants with the exception of a certain Defendant

(Exhibit A)

93

Jan. 19, 2024

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for entry of default, motion for default judgment, 92

(Exhibit 1)

94

Jan. 19, 2024

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 93

(Exhibit 1)

95

Jan. 19, 2024

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for entry of default, motion for default judgment, 92 before Honorable John Robert Blakey on 1/24/2024 at 11:00 AM.

(Exhibit A)

96

Jan. 23, 2024

RESPONSE by InnoWisin Opposition to MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited to strike affidavit in support of motion, 85, reply to response to motion 84, reply to response to motion 83 88

97

Jan. 24, 2024

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 1/24/2024. The Court denies without prejudice Defendant InnoWis' motion to dismiss the complaint 55 and grants Plaintiff's motion for default and default judgment as to all remaining Defendants except InnoWis (No. 30) 92. Enter Default Judgment Order. Plaintiff shall file an amended complaint as to InnoWis by 2/14/2024. The Court takes InnoWis' motion to vacate 57 and Plaintiff's motion to strike 88 under advisement. The parties shall meet and confer regarding the possibility of an agreed order and the posting of a bond to maintain the status quo pending further litigation. Mailed notice.

98

Jan. 24, 2024

DEFAULT JUDGMENT ORDER as to All Remaining Defendants Except Innowis (No. 30). Signed by the Honorable John Robert Blakey on 1/24/2024. Mailed notice.

99

Feb. 1, 2024

FULL SATISFACTION of Judgment regarding order 98 in the amount of $500,000 as to certain defendant

100

Feb. 14, 2024

First AMENDED complaint by Spin Master Toys UK Limited, Spin Master Ltd. against InnoWis, The Partnerships and Unincorporated Associations Identified on Schedule A, guangzhoujiurixinxijishuyouxiangongsi d/b/a InnoWis

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

101

Feb. 14, 2024

EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Schedule A regarding amended complaint, [100]

102

Feb. 15, 2024

MINUTE entry before the Honorable John Robert Blakey: Defendant guangzhoujiurixinxijishuyouxiangongsi d/b/a InnoWis, the sole remaining Defendant in this case, shall respond to the amended complaint 100 by 3/6/24, and the parties shall file a joint initial status report by 3/12/24, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Mailed notice

103

March 6, 2024

ANSWER to amended complaint, Affirmative Defenses, and, COUNTERCLAIM filed by InnoWis against Spin Master Ltd., Spin Master Toys UK Limited. by InnoWis

104

March 12, 2024

STATUS Report (Joint) by Spin Master Ltd., Spin Master Toys UK Limited

105

March 18, 2024

MINUTE entry before the Honorable John Robert Blakey: The Court denies Defendant InnoWis' motion to vacate the preliminary injunction 57 and motion to dismiss the complaint 55. In support of its motion to dismiss, InnoWis makes numerous arguments that challenge the veracity of Plaintiff's allegations. But, at the motion to dismiss stage, the Court accepts the allegations as true. See, e.g., Lett v. City of Chicago, 946 F.3d 398, 399 (7th Cir. 2020). In support of its motion to vacate, Defendant argues, among other things, that the injunction remains unfair because it effectively shuts down all of its business when Defendant sells the allegedly infringing product as part of a 72-piece toy pack. But Defendant does not deny that it sells toys that infringe Plaintiff's patent, and the fact that it bundles the infringing toys with other toys that may not infringe Plaintiff's patent does not provide a basis to vacate the injunction or dismiss the complaint. The Court nonetheless encourages the parties to continue their efforts to resolve this matter quickly and at the parties' request refers this matter to the assigned Magistrate Judge for settlement purposes. Finally, based upon the representations in the parties' 3/12/24 status report 104, the Court sets additional case management dates as follows: the parties shall exchange Rule 26(a)(1) disclosures by 3/25/24, issue written discovery by 5/1/24, and complete discovery by 9/30/24. If the parties are unable to resolve their dispute, they shall file an updated status report by 10/7/24, confirming that fact discovery is complete, confirming that they have exhausted all possibility of settlement, and indicating definitively whether any party will require expert discovery or seek summary judgment. Mailed notice

106

March 18, 2024

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sunil R. Harjani for the purpose of holding proceedings related to: settlement conference. Mailed notice.

107

March 18, 2024

MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion with lead counsel only is set for 3/22/2024 at 10:00 a.m. by telephone. Lead counsel are instructed to promptly call into the Court's conference call-in number at (855) 244-8681, and use Access Code 172 628 1276##. Mailed notice

108

March 22, 2024

MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion held and continued to 4/25/24 at 10:00 a.m. by telephone. Plaintiff's settlement letter is due 4/5/24 and Defendant's letter is due 4/27/24. Parties are reminded that Magistrate Judge Harjani requires compliance with his Standing Order for Settlement Conference, which is available on the court's website at www.ilnd.uscourts.gov. Lead counsel are instructed to promptly call into the Court's call-in number at (855) 244-8681, and use Access Code 978 352 73. Mailed notice

109

March 26, 2024

Plaintiffs' ANSWER to counterclaim 103 asserted by Defendant guangzhoujiurixinxijishuyouxiangongsi d/b/a InnoWis by Spin Master Ltd., Spin Master Toys UK Limited

110

April 2, 2024

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0009 IT APPEARING THAT Sunil R. Harjani has been appointed as a United States District Judge for the Northern District of Illinois; and IT FURTHER APPEARING THAT Judge Harjani is no longer sitting as a magistrate judge in the Eastern Division of this Court; and IT FURTHER APPEARING THAT the civil consent, civil referrals, and miscellaneous cases previously pending before Judge Harjani as a U.S. magistrate judge requires reassignment; therefore IT IS HEREBY ORDERED THAT the cases in the attached list are to be reassigned accordingly to the magistrate judge listed. It is also ordered that subsequent referrals where Judge Harjani was the designated magistrate judge, the Clerk shall randomly reassign to another magistrate judge of this Court pursuant to Local Rule 40.1. Case reassigned to the Honorable M. David Weisman for all further proceedings. Honorable Sunil R. - Mag Jud Harjani no longer assigned to the case. Signed by Executive Committee on 4/2/24.

111

April 3, 2024

MINUTE entry before the Honorable M. David Weisman: This case has been reassigned to Magistrate Judge Weisman for the purpose of conducting settlement discussions. Then-Magistrate Judge Harjani held preliminary settlement discussions on 3/22/24 with continuing settlement discussions set for 4/25/24. The 4/25/24 settlement conference date is stricken. The parties shall meet and confer regarding settlement conference dates in May and June and jointly contact the Courtroom Deputy at Alyssia_Owens @ilnd.uscourts.gov to confirm a date and time and advise whether the preference is to be conducted in person or by video. Status hearing set for 4/25/24 at 9:15 a.m. for docket management purposes only. If a settlement conference date has been confirmed, the status hearing will be stricken. Mailed notice

112

April 16, 2024

NOTICE of appeal by InnoWis regarding orders [105] Filing fee $ 605, receipt number AILNDC-21862489. Receipt number: n

Exhibit A - March 18, 2024 Order (Dkt. 105)

113

April 17, 2024

MINUTE entry before the Honorable M. David Weisman: Status hearing set for 4/25/24 is stricken. A video settlement conference is set for 6/5/24 at 10:30 a.m. Plaintiffs' settlement letter shall be delivered to Defendants by 5/22/24. Defendants' settlement letter shall be delivered to plaintiffs by 5/29/24. Settlement letters are limited to 5 pages excluding attachments. The parties must also submit their respective letters by email to Proposed_Order_Weisman@ilnd.uscourts.gov. Please note that settlement letters and documents are not to be filed on the CM-ECF system. Parties shall confer and send ONE email to Weisman_Chambers@ilnd.uscourts.gov by 5/29/24, identifying the email addresses of the individuals who intend to participate in the settlement conference. The Court may have ex parte discussions with counsel in advance of the settlement conference if the Court believes such conversations would be warranted. Mailed notice

114

April 17, 2024

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal [112].

115

April 17, 2024

TRANSMITTED to the 7th Circuit the short record on notice of appeal [112]. Notified counsel.

116

April 18, 2024

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 112 ; USCA Case No. 24-1625.

117

May 21, 2024

STIPULATION of Dismissal as to Defendant InnoWis

118

May 22, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the stipulation of dismissal 117, this case is dismissed with prejudice as to Defendant InnoWis. Mailed notice

119

May 24, 2024

MANDATE of USCA dated 05/24/2024 regarding notice of appeal[112] ;USCA No.24-1625 ; No record to be returned.

120

May 26, 2024

CERTIFIED copy of order dated 05/24/2024 from the 7th Circuit regarding notice of appeal 112 ; Appellate case no. : 24-1625. T IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b).

121

May 30, 2024

FULL SATISFACTION of Judgment regarding order 98 in the amount of $500,000 as to certain defendant

122

June 3, 2024

MINUTE entry before the Honorable M. David Weisman: In light of the dismissal of all claims against all defendants (Dkt. # 98, # 117), the settlement conference for 6/5/24 is stricken, the referral is terminated, and the matter is returned to the District Court. Mailed notice

123

June 10, 2024

MINUTE entry before the Honorable John Robert Blakey: All matters in dispute having been resolved, this case is closed. The Court strikes all set dates and deadlines. Civil case terminated. Mailed notice

124

June 13, 2024

FULL SATISFACTION of Judgment regarding order 98 in the amount of $500,000 as to certain defendant

125

June 20, 2024

FULL SATISFACTION of Judgment regarding order 98 in the amount of $500,000 as to certain defendant

126

March 13, 2025

FULL SATISFACTION of Judgment regarding order 98 in the amount of $500,000 as to certain defendant

联系我们

企业微信及自我推荐2