最近更新：2025-02-25
2024-cv-01269
| 日期 | 描述 |
|---|---|
| 02/13/2025 | ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Gouthami Vanam Tufts |
| 02/11/2025 | ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by John Joseph Mariane, IV |
| 01/13/2025 | NOTICE of Voluntary Dismissal by Merch Traffic, LLC with prejudice as to certain Defendants |
| 12/27/2024 | 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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. |
| 11/27/2024 | NOTICE of Voluntary Dismissal by Merch Traffic, LLC with prejudice as to certain Defendants |
| 11/18/2024 | NOTICE of Voluntary Dismissal by Merch Traffic, LLC with prejudice as to certain Defendants |
| 10/30/2024 | NEW PARTIES: Cheap Cushion Factory Store, DaisyDaily Store, FFO Home Decor Store, FFO Official Store, Global Canvas Poster Boutique Store, HD poster Store, Hoodies Factory Store, JONSEY Store, Luxury 5D Duvet Cover Store, Shop1102277106 Store, Shop1102716447 Store, Shop1102731696 Store, Shop110300171 Store, Shop1103082742 Store, Well Home Textile Fabrics Store, You Socks Store, Alex International Shop, chengdugaifeiqingshangmaoyouxiangongsi, Diamond Project, Fenxxxl, guangzhoukaiyikejiyouxian, hardware store 112, KWX INC, lianxiqufanxibaihuodian, LUBEE, Miytal, PROCORE STORE, ququwangwang, TTRU DESIGN, Xiezb Store, YOMIHA, 2015.sibor, audyvo-0, beyondmarket_14, cq-lucky, deez_online_store, eMoonThrifty, FreddyStore45, rogriodac_0, THE.SHOP.CIRCUIT, Teeskull, zaintal32 Store, charissashop, simarke, tomifranklin1983, unikue, Bryan Wallace, DanieAndrade, DaviZhang, ElectriLinda kane, Gaurav Chaudhari, Golam Sarwar, Greg Gilbert, Isabel Ramos, Lisette Turkey Doro, Matthew Pondiscio, Mr Thuntubele, Ratts Tyerel, Switzerland, BM Sticker, DRESDNSWALLART, DROSESINLOVE, FIOXO, HELENS Clothing, Large Smile, LEEKAHA, Luhuman, Minhwa Art, Search me now, Ur Focus, WJORATA, YNS Sticker, Jinan Yuanke Trading Co., Ltd., Miytal (Walmart), Wanning Langrun Co., Ltd., Yanxin Joy, echuang_ltd, happy hong, huanyugaoke, Humengmeng25536, PathumWan-Wear, Vittorio, yulili1212, zhangxiaojian5774, Army Merch Shop, BrightRoomy, Dreamrooma, Fadogear, FamilyLoves.com, HanFantasy, Inktee Store and STOREPA added to case caption. (Sullivan, Ann Marie) |
| 10/25/2024 | NOTICE of Voluntary Dismissal by Merch Traffic, LLC with prejudice as to a certain Defendant |
| 10/23/2024 | PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 10/23/2024. Mailed notice. |
| 10/23/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 28 is granted. Enter separate preliminary injunction order. Plaintiff's filings establish that Plaintiff 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 or infringing goods. Plaintiff has also certified and established 32 that it provided electronic notice to Defendants of the pendency of this case and provided a link to a website containing relevant case documents, but, despite the Court having provided 31 the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction (Defendant THE.SHOP.CIRCUIT has filed a motion to dismiss but has not objected to the motion for a preliminary injunction; to the extent it has so objected, the objection is overruled). Defendant THE.SHOP.CIRCUIT's motion to dismiss 33 is denied. As Plaintiff notes, Defendant THE.SHOP.CIRCUIT's filing is not signed as required by Rule 11 of the Federal Rules of Civil Procedure. That is a sufficient basis to strike the motion, but the motion fails on the merits as well. The "first sale" doctrine does not apply for the reasons stated by Plaintiff, and the complaint otherwise states a plausible claim at this early juncture in the case. Plaintiff's point that Defendant THE.SHOP.CIRCUIT needs to be represented by counsel might be right, but the motion to dismiss suggests that Defendant THE.SHOP.CIRCUIT is an individual. In any event, that issue can be addressed in due course. Plaintiff is reminded that it is unlikely this Schedule A case is a good candidate for a partial final judgment under Rule 54(b) against other Defendants, meaning that the case against Defendant THE.SHOP.CIRCUIT will likely need to be resolved before the case against other Defendants can be resolved. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the docket within five business days. The Clerk is directed to unseal any previously sealed documents. Mailed notice. |
| 09/23/2024 | NOTICE of Voluntary Dismissal by Merch Traffic, LLC with prejudice as to certain Defendants |
| 08/30/2024 | NOTICE of Voluntary Dismissal by Merch Traffic, LLC with prejudice as to certain defendants |
| 08/26/2024 | RESPONSE by Merch Traffic, LLCin Opposition to MOTION by Defendant THE.SHOP.CIRCUIT to dismiss 33 附件： 1:Declaration of Alison K. Carter 2:(Exhibit A) |
| 08/12/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's response to Defendant THE.SHOP.CIRCUIT's motion to dismiss 33 shall be filed no later than 8/26/2024. Mailed notice. |
| 08/12/2024 | NOTICE of Voluntary Dismissal by Merch Traffic, LLC with prejudice as to certain Defendants |
| 07/24/2024 | MOTION by Defendant THE.SHOP.CIRCUIT to dismiss. (Received via pro se email on 07/24/2024) |
| 07/15/2024 | CERTIFICATE of Service by Plaintiff Merch Traffic, LLC regarding text entry, 31 附件： 1:Exhibit 1 2:Exhibit 2 3:(Exhibit 3)(Sullivan, Ann Marie) |
| 07/12/2024 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 28 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 7/18/2024." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders entering and extending the temporary restraining order ("TRO"), as well as in Plaintiff's earlier motion 24 to extend the TRO, the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice. |
| 07/05/2024 | SUMMONS Returned Executed by Merch Traffic, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/5/2024, answer due 7/26/2024. 附件： 1:(Declaration of Service) |
| 07/05/2024 | MEMORANDUM by Merch Traffic, LLC in support of motion for preliminary injunction 28 附件： 1:(Declaration of Ann Marie Sullivan) |
| 07/05/2024 | MOTION by Plaintiff Merch Traffic, LLC for preliminary injunction |
| 06/20/2024 | SURETY BOND in the amount of $ 10,000 posted by Merch Traffic, LLC. (Document not Imaged) |
| 06/20/2024 | ORDER FOR EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/20/2024. Mailed notice. |
| 06/20/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to extend TRO 24 is granted. Enter separate order. Mailed notice. |
| 06/20/2024 | MOTION by Plaintiff Merch Traffic, LLC for extension of time of the Temporary Restraining Order 23 Modified on 6/27/2024. 附件： 1:Supplement Memorandum in Support of Motion 2:(Declaration of Alison K. Carter) |
| 06/12/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 06/11/2024 | SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/11/2024. |
| 06/11/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's ex parte motion for a temporary restraining order 14 and motion for electronic service of process 18 are granted in part. Plaintiff's submissions (e.g., Dkt. 17 at 56) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, the Temporary Restraining Order being entered along with this minute order shall be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks and copyrighted works to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 and infringing goods, and 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 effectively communicates the pendency of this action to Defendants. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. Mailed notice. |
| 03/08/2024 | SEALED DOCUMENT by Plaintiff Merch Traffic, LLC Corrected Declaration 16 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 03/07/2024 | DECLARATION of Ann Marie Sullivan regarding motion for miscellaneous relief 18 附件： 1:(Exhibit 1-2) |
| 03/07/2024 | NEW PARTIES: Merch Traffic, LLC added to case caption. Terminating XYZ Corporation |
| 03/07/2024 | MEMORANDUM by Merch Traffic, LLC in support of motion for miscellaneous relief 18 |
| 03/07/2024 | MOTION by Plaintiff Merch Traffic, LLC for Electronic Service of Process |
| 03/07/2024 | SEALED DOCUMENT by Plaintiff Merch Traffic, LLC Second Declaration in Support of Motion 附件： 1:Exhibit 1 - Part One 2:(Exhibit 1 - Part Two) |
| 03/07/2024 | SEALED DOCUMENT by Plaintiff Merch Traffic, LLC Declaration in Support of Motion 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 03/07/2024 | SEALED DOCUMENT by Plaintiff Merch Traffic, LLC Memorandum in Support of Motion for Temporary Restraining Order |
| 03/07/2024 | NEW PARTIES: Merch Traffic, LLC added to case caption. Terminating XYZ Corporation |
| 03/07/2024 | SEALED MOTION by Plaintiff Merch Traffic, LLC for Temporary Restraining Order |
| 02/27/2024 | AMENDED complaint by XYZ Corporation against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 02/18/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion 5 for leave to file certain documents under seal is granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Conversely, there are no exceptional circumstances that would justify allowing plaintiff to conceal its own identity: Plaintiff's anticipated ex parte motion for preliminary injunctive relief will be adjudicated promptly, and the identity of the defendant entities will be placed under seal during the pendency of the ex parte proceedings. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the Court to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Accordingly, Plaintiff must, on or before 2/26/2024, file an amended complaint disclosing its name and the asserted trademark(s) at issue in this case. In the alternative, should Plaintiff not wish to reveal its name and trademark(s), Plaintiff may dismiss the case voluntarily. Subject to unsealing at an appropriate time, Plaintiff may for now file its Schedule A, anticipated ex parte motions, and other associated filings under seal. Mailed notice |
| 02/15/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 02/15/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA. |
| 02/14/2024 | 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. |
| 02/14/2024 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). |
| 02/14/2024 | SEALED DOCUMENT by Plaintiff XYZ Corporation Notice of Claims Involving Trademarks |
| 02/14/2024 | SEALED DOCUMENT by Plaintiff XYZ Corporation Notification of Affiliates |
| 02/14/2024 | SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint 附件： 1:Exhibit 1 2:Exhibit 2 3:(Exhibit 3 - Schedule A) |
| 02/14/2024 | MEMORANDUM by XYZ Corporation in support of motion for leave to file 5 Certain Documents under Seal and to Temporarily Proceed under a Pseudonym 附件： 1:Declaration of Ann Marie Sullivan 2:Declaration of Sandy Zhuang 3:Exhibit 1 4:Exhibit 2 5:(Exhibit 3) |
| 02/14/2024 | MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym |
| 02/14/2024 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
| 02/14/2024 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter |
| 02/14/2024 | CIVIL Cover Sheet |
| 02/14/2024 | COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-21640792. |
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