Lululemon Athletica Canada Inc. v. The Partnerships and Unincorporated Associations Identified On Schedule A
最近更新时间：2025-08-04
案件信息
案件号：ilnd-1:2025-cv-00461
状态：open
提交时间：2025-03-11 00:00:00
诉讼类型：商标
律所：GBC
原告：Lululemon Athletica Canada Inc. v. The Partnerships and Unincorporated Associations Identified On Schedule A
| # | 日期 | 案件进程 |
| 59 | 2025-03-11 | ORDER FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 3/11/2025. Mailed notice |
| 58 | 2025-03-11 | MINUTE entry before the Honorable Sunil R. Harjani: Remaining Defendant Com company has not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 34 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's marks irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendant (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established 38 that it provided electronic notice to defendant of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 3/18/2025 is stricken. The Clerk of the Court is directed to return the bond posted in the amount of one thousand dollar ($1,000) to Plaintiff or its counsel, Greer, Burns & Crain, Ltd. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice |
| 57 | 2025-03-03 | (Exhibit A) |
| 56 | 2025-03-03 | CERTIFICATE of Service by Plaintiff Lululemon Athletica Canada Inc. regarding terminate hearings, set/reset hearings, 37 |
| 55 | 2025-03-03 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 34 for entry of default and default judgment against remaining Defendant Com company. Defendant Com company has failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objection to the motion for entry of default judgment must be filed on or before 3/10/2025. If no objection is filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 3/10/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon Defendant Com company within one business day of its entry on the docket and must promptly file proof of that service. A tentative default judgment hearing is set for 3/18/2025 at 9:15 a.m. Telephone status hearing set for 3/11/2025 is stricken. Mailed notice |
| 54 | 2025-02-28 | Exhibit 1 |
| 53 | 2025-02-28 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[35] |
| 52 | 2025-02-28 | Exhibit 1 |
| 51 | 2025-02-28 | MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for entry of default, motion for default judgment[34] |
| 50 | 2025-02-28 | Exhibit A |
| 49 | 2025-02-28 | MOTION by Plaintiff Lululemon Athletica Canada Inc. for entry of default, MOTION by Plaintiff Lululemon Athletica Canada Inc. for default judgment as to all Defendants |
| 48 | 2025-02-03 | NEW PARTIES: Com company added to case caption. |
| 47 | 2025-02-03 | PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sunil R. Harjani on 2/3/2025. Mailed notice |
| 46 | 2025-02-03 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 27 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 31 that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 2/4/2025 is stricken. Summons was issued on 1/22/2025, and Defendants' responses to the complaint are due by 2/18/2025. Plaintiff should file any motion for entry of default and default judgment by 3/4/2025. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 3/11/2025 at 9:15 a.m. Mailed notice |
| 45 | 2025-01-29 | Exhibit A |
| 44 | 2025-01-29 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [27] for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all defendants with the following statement: |
| 43 | 2025-01-29 | CERTIFICATE of Service by Plaintiff Lululemon Athletica Canada Inc. regarding terminate hearings, set/reset hearings, [30] |
| 42 | 2025-01-28 | Exhibit A |
| 41 | 2025-01-28 | Declaration of Jennifer V. Nacht |
| 40 | 2025-01-28 | SUMMONS Returned Executed by Lululemon Athletica Canada Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/28/2025, answer due 2/18/2025. |
| 39 | 2025-01-28 | Declaration of Kahlia R. Halpern |
| 38 | 2025-01-28 | MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for preliminary injunction[27] |
| 37 | 2025-01-28 | Exhibit A |
| 36 | 2025-01-28 | MOTION by Plaintiff Lululemon Athletica Canada Inc. for preliminary injunction |
| 35 | 2025-01-22 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 34 | 2025-01-22 | DECLARATION of Justin R. Gaudio |
| 33 | 2025-01-21 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 1/21/2025. Mailed notice |
| 32 | 2025-01-21 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [16], and motion for electronic service of process [21] are granted. Plaintiff's submissions establish that, was defendant to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendant could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, was defendant to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that its assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendant, stopping defendant's infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit products, and there is no countervailing harm to defendant from an order directing it to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendant. Expedited discovery is warranted to identify defendant and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 1:30 p.m. on 1/21/2025. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 1/28/2025. Telephone status hearing is set for 2/4/2025 at 9:15 a.m. The call-in number is (855) 2448681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 31 | 2025-01-17 | MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for miscellaneous relief[21] |
| 30 | 2025-01-17 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[22] |
| 29 | 2025-01-17 | MOTION by Plaintiff Lululemon Athletica Canada Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 28 | 2025-01-17 | SEALED EXHIBIT by Plaintiff Lululemon Athletica Canada Inc. Exhibit 4 regarding declaration[19] |
| 27 | 2025-01-17 | Exhibit 3 |
| 26 | 2025-01-17 | Exhibit 2 |
| 25 | 2025-01-17 | Exhibit 1 |
| 24 | 2025-01-17 | DECLARATION of Jenny Vo regarding memorandum in support of motion[17] |
| 23 | 2025-01-17 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17] |
| 22 | 2025-01-17 | MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for temporary restraining order[16] |
| 21 | 2025-01-17 | MOTION by Plaintiff Lululemon Athletica Canada Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 20 | 2025-01-17 | SEALED EXHIBIT by Plaintiff Lululemon Athletica Canada Inc. Amended Schedule A regarding amended complaint[14] |
| 19 | 2025-01-17 | Exhibit 2 |
| 18 | 2025-01-17 | Exhibit 1 |
| 17 | 2025-01-17 | AMENDED complaint by Lululemon Athletica Canada Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A |
| 16 | 2025-01-16 | NOTICE of Correction regarding [11] |
| 15 | 2025-01-16 | MAILED trademark report to Patent Trademark Office, Alexandria VA (Main Document 11 replaced on 1/16/2025). |
| 14 | 2025-01-16 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 13 | 2025-01-15 | COMPLAINT filed by Lululemon Athletica Canada Inc.; Filing fee $ 405, receipt number BILNDC-22956803. |
| 12 | 2025-01-15 | 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. (qrtr,) |
| 11 | 2025-01-15 | CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (qrtr,) |
| 10 | 2025-01-15 | ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Jennifer Van Nacht |
| 9 | 2025-01-15 | ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Kahlia Roe Halpern |
| 8 | 2025-01-15 | ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Amy Crout Ziegler |
| 7 | 2025-01-15 | ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Justin R. Gaudio |
| 6 | 2025-01-15 | Notice of Claims Involving Trademarks by Lululemon Athletica Canada Inc. |
| 5 | 2025-01-15 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Lululemon Athletica Canada Inc. |
| 4 | 2025-01-15 | CIVIL Cover Sheet |
| 3 | 2025-01-15 | MOTION by Plaintiff Lululemon Athletica Canada Inc. for leave to file under seal |
| 2 | 2025-01-15 | SEALED EXHIBIT by Plaintiff Lululemon Athletica Canada Inc. Schedule A regarding complaint[1] |
| 1 | 2025-01-15 | Exhibit 1 |
