2024-cv-01356

2024-cv-01356 Advance Magazine Publishers, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

Date :2/16/2024
BrandVOGUE
Court :Northen District of Illinois
Law FirmGBC

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Date

Document

1

Feb. 16, 2024

COMPLAINT filed by Advance Magazine Publishers, Inc.; Filing fee $ 405, receipt number AILNDC-21649316.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

2

Feb. 16, 2024

EXHIBIT by Plaintiff Advance Magazine Publishers, Inc. Schedule A regarding complaint 1 Modified on 3/25/2024.

3

Feb. 16, 2024

MOTION by Plaintiff Advance Magazine Publishers, Inc. for leave to file under Seal

4

Feb. 16, 2024

CIVIL Cover Sheet

5

Feb. 16, 2024

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Advance Magazine Publishers, Inc.

6

Feb. 16, 2024

Notice of Claims involving Trademarks by Advance Magazine Publishers, Inc.

7

Feb. 16, 2024

ATTORNEY Appearance for Plaintiff Advance Magazine Publishers, Inc. by Justin R. Gaudio

8

Feb. 16, 2024

ATTORNEY Appearance for Plaintiff Advance Magazine Publishers, Inc. by Amy Crout Ziegler

9

Feb. 16, 2024

ATTORNEY Appearance for Plaintiff Advance Magazine Publishers, Inc. by Rachel S Miller

10

Feb. 16, 2024

ATTORNEY Appearance for Plaintiff Advance Magazine Publishers, Inc. by Quinn Bradley Guillermo

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2).

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

Feb. 20, 2024

MAILED Trademark report to Patent Trademark Office, Alexandria VA

12

Feb. 20, 2024

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

13

Feb. 22, 2024

MOTION by Plaintiff Advance Magazine Publishers, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

14

Feb. 22, 2024

MEMORANDUM by Advance Magazine Publishers, Inc. in support of motion for temporary restraining order 13

15

Feb. 22, 2024

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

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

16

Feb. 22, 2024

DECLARATION of Eric Gisolfi regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

(Exhibit 3)

17

Feb. 22, 2024

EXHIBIT by Plaintiff Advance Magazine Publishers, Inc. Exhibit 4 - Parts 1-5 regarding declaration 16 Modified on 3/25/2024.

Exhibit 4-1

Exhibit 4-2

Exhibit 4-3

Exhibit 4-4

(Exhibit 4-5)

18

Feb. 22, 2024

MOTION by Plaintiff Advance Magazine Publishers, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

19

Feb. 22, 2024

MEMORANDUM by Advance Magazine Publishers, Inc. in support of motion for miscellaneous relief 18

20

Feb. 22, 2024

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19

Exhibit 1

(Exhibit 2)

21

Feb. 22, 2024

NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file 3, motion for miscellaneous relief 18, motion for temporary restraining order 13 before Honorable Manish S. Shah on 2/27/2024 at 09:45 AM.

22

Feb. 26, 2024

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions 3 13 18 are granted, and no appearance on the motions is necessary. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. The court finds that security in the amount of $50,000 is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices mailed.

23

Feb. 26, 2024

TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 2/26/2024. Notices mailed. Modified on 3/25/2024.

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

24

Feb. 28, 2024

SURETY BOND in the amount of $ 50,000 posted by Advance Magazine Publishers, Inc. (Document not scanned)

25

March 4, 2024

MOTION by Plaintiff Advance Magazine Publishers, Inc. for extension of time of Temporary Restraining Order

26

March 4, 2024

MEMORANDUM by Advance Magazine Publishers, Inc. in support of extension of time 25

(Declaration of Rachel S. Miller)

27

March 4, 2024

NOTICE of Motion by Rachel S Miller for presentment of extension of time 25 before Honorable Manish S. Shah on 3/7/2024 at 09:45 AM.

28

March 5, 2024

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 25 is granted, and no appearance is necessary. The TRO is extended to 3/25/24.

29

March 14, 2024

NOTICE of Voluntary Dismissal by Advance Magazine Publishers, Inc. as to certain defendants

30

March 15, 2024

ATTORNEY Appearance for Plaintiff Advance Magazine Publishers, Inc. by Luana Faria De Souza (Faria De Souza, Luana)

31

March 18, 2024

MOTION by Plaintiff Advance Magazine Publishers, Inc. for preliminary injunction as to Certain Defendants

(Exhibit A)

32

March 18, 2024

MEMORANDUM by Advance Magazine Publishers, Inc. in support of motion for preliminary injunction 31

Declaration of Rachel S. Miller

(Exhibit 1)

33

March 18, 2024

NOTICE of Motion by Rachel S Miller for presentment of motion for preliminary injunction 31 before Honorable Manish S. Shah on 3/21/2024 at 09:45 AM.

(Exhibit A)

34

March 18, 2024

SUMMONS Returned Executed by Advance Magazine Publishers, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/18/2024, answer due 4/8/2024.

Declaration of Luana Faria de Souza

(Exhibit A)(Faria De Souza, Luana)

35

March 21, 2024

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction 31 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Notices mailed.

36

March 21, 2024

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 3/21/2024. Notices mailed.

37

March 21, 2024

NOTICE of Voluntary Dismissal by Advance Magazine Publishers, Inc. as to certain defendant

NEW PARTIES: Shengzhou Bante Necktie Co., Ltd., Cartoon Decorative Canvas Painting Store, Many Paintings Store, Shop1102964227 Store, Acen, AGONA, Baanin, Bfart, Botyemiv-art, chenguanshengriyonpinjingyingbu, CJFposters, Colorful Wall Art, DAPENGZHANCHI, dengtuo4, EIBEILI, FASGION, Featured X Store, FUDGIOO9812, fujianfanghaibao, fuqiang147, fuyangwangyangfandianzishangwu, guangzhounianhenghuagongkejiyouxiangongsi, hefeilengnenshangmaoyouxiang, Home painting shop, Hongmeng art, huangxiangyu shop, kunminghaoliangshangmaoyouxiangongsi, LEEBOX ComfortMats, li fang Treasure poster shop, Lixueweipost, Lqixun, Nine song creek Canvas Decoration Store, Nitret, PanLongQuRuiHengQinBaiHuoShangHang, Poster Wonderful House, ShenzhenRongwei, shunlidianshangbu, SUN1XIUJIN, TOCDGOO, Tuanqi, wangdongning4643, weiminghuariyongpinjingyingbu, wind wind blow, yangxueliang55, yangyunfuart, YUUKE, zhangchuntinhaibao, zhangjunhuaPost, zhaochenhaoPost, zhujianArt, zizhizho, tjqv, youyig2, JIEQIN, Paint art, Anlienr, CQiang, doreBenkMkT, greenworld1, HarlenLampartsVX, huangchaohua, jgwctshop, Jiuying, Li Dechuan, shijianbang4615, shunshierwei, shushi1377, summer painting, sunboys, The Sixth Stop, Wall Art Painting, wantsr, women paradise, xklaskjdoasdhx, yayayiyi001, Yisongda Vase and yuanmu54543 added to case caption.

38

March 29, 2024

NOTICE of Voluntary Dismissal by Advance Magazine Publishers, Inc. as to certain defendant

39

April 25, 2024

NOTICE of Voluntary Dismissal by Advance Magazine Publishers, Inc. as to certain defendant

40

May 9, 2024

NOTICE of Voluntary Dismissal by Advance Magazine Publishers, Inc. as to certain defendants

41

May 15, 2024

NOTICE of Voluntary Dismissal by Advance Magazine Publishers, Inc. as to Certain Defendants

42

May 15, 2024

MOTION by Plaintiff Advance Magazine Publishers, Inc. for entry of default, MOTION by Plaintiff Advance Magazine Publishers, Inc. for default judgment as to all Defendants

(Exhibit A)

43

May 15, 2024

MEMORANDUM by Advance Magazine Publishers, Inc. in support of motion for entry of default, motion for default judgment, 42

(Exhibit 1)

44

May 15, 2024

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 43

(Exhibit 1)

45

May 15, 2024

NOTICE of Motion by Rachel S Miller for presentment of motion for entry of default, motion for default judgment, 42 before Honorable Manish S. Shah on 5/21/2024 at 09:45 AM.

(Exhibit A)

46

May 20, 2024

MINUTE entry before the Honorable Manish S. Shah: The hearing on 5/21/24 will be held in Courtroom 1725. Notices Mailed.

47

May 21, 2024

ATTORNEY Appearance for Plaintiff Advance Magazine Publishers, Inc. by Berel Yonathan Lakovitsky

48

May 21, 2024

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, the motion for entry of default judgment 42 is granted. Enter Default Judgment Order. Terminate civil case. Notices Mailed.

49

May 21, 2024

DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 5/21/2024. Notices Mailed.

50

Oct. 29, 2024

NOTICE of withdrawal of surety bond [24] by John Summerfield, Greer, Burns & Crain Ltd. (Exhibits). (Received at the Intake Counter on 10/29/24). (Received for docketing on 11/21/24).

51

April 17, 2025

FULL SATISFACTION of Judgment regarding order[49] in the amount of $50,000 as to certain defendant

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