最近更新：2024-12-25
2023-cv-15724
| 日期 | 描述 |
|---|---|
| 01/10/2024 | DISBURSEMENT ORDER Signed by the Honorable LaShonda A. Hunt on 1/10/2024. Emailed notice and a copy forwarded to the Fiscal Department. |
| 01/02/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the Plaintiff's Notice of Voluntary Dismissal 31, this action is being dismissed without prejudice. In light of the case dismissal, Plaintiff's Motion for Return of Bond 32 is granted. The $20,000 bond posted by Plaintiff is hereby released to Plaintiff or its counsel, Boies Schiller Flexner LLP. The Clerk is directed to return the cash bond previously deposited with the Clerk of the Court to Plaintiff or its counsel. All other pending motions and deadlines are terminated as moot. Civil case terminated. Mailed notice. |
| 12/28/2023 | 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. |
| 12/28/2023 | Plaintiff's Motion for Return of Bond by Atari Interactive, Inc. |
| 12/28/2023 | NOTICE of Voluntary Dismissal by Atari Interactive, Inc. of Action |
| 12/15/2023 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 12/15/2023. Emailed notice. |
| 12/12/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, including a Temporary Injunction, an Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication [9] and Motion to Exceed Page Limitation Regarding Ex Parte Application for Entry of a Temporary Restraining Order [10] are granted. 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. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $20,000 bond is sufficient to secure the injunctive relief. By 12/14/23, Plaintiff is ordered to submit a proposed Temporary Restraining Order consistent with the form found on Judge Hunt' webpage. The in-person status hearing set for 12/14/23 is stricken. Emailed notice. |
| 12/01/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court has reviewed Plaintiff's Memorandum on Joinder 20 and appreciates the arguments presented. However, the Court remains unpersuaded that Plaintiff has shown the 186 defendants here are sufficiently connected to satisfy the requirements of Fed. R. Civ. P. 20(a)(2). Both Estee Lauder v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020) and Bose Corp. v. Schedule A, 334 F.R.D. 511 (N.D. Ill. 2020) are instructive on this issue. Courts have "'considerable discretion' and 'flexibility' in determining whether the plaintiff has plausibly alleged such a relationship." Bose Corp., 334 F.R.D. at 513. An important consideration in Schedule A cases with numerous online marketplaces and sellers whose only connection is that they are all accused of selling counterfeit products that infringe upon Plaintiff's trademarks is "whether the permissive joinder of a party will comport with the principles of fundamental fairness." Estee Lauder, 334 F.R.D. at 186 citing Chavez v. Ill. State Police, 251 F.3d 612, 632 (7th Cir. 2001). In making this assessment, the Court must balance various factors: (1) the continuing harm to plaintiffs who seek immediate relief from courts to protect their intellectual property rights and prevent further economic loss; (2) the due process rights of defendants against whom ex parte relief, including the extraordinary remedy of freezing all their assets without notice and potentially ruining a legitimate business, is sought; and (3) the interest in promoting judicial economy as courts must quickly and efficiently evaluate hundreds of pages of evidentiary submissions to ensure that injunctive relief is warranted. In this case alone, Plaintiff has attached about 2500 pages of evidence covering nearly 200 unrelated defendants. Under these circumstances, the Court declines to exercise its discretion to allow permissive joinder of all 186 defendants. However, after taking the aforementioned factors into consideration, the Court has generally allowed plaintiffs in Schedule A counterfeit products cases to proceed with no more than 40 defendants, which is far more manageable for a single case. That is less burdensome to plaintiffs, defendants, and the judicial system. Accordingly, consistent with this ruling, Plaintiff is granted leave to file an Amended Schedule A and an amended declaration in support of the pending TRO motion 9 that specifically identifies the relevant pages where evidence pertaining to each Amended Schedule A defendant can be found in the prior voluminous submissions, by 12/11/23. This case is set for an in-person hearing on 12/14/23 at 10:00 AM in Courtroom 1425. If Plaintiff chooses to amend its filings, the hearing date will be stricken. Otherwise, Plaintiff may submit a written response to this order, not to exceed 5 pages, by 12/11/23, and appear at the hearing to present further argument. Emailed notice. |
| 11/28/2023 | MEMORANDUM by Atari Interactive, Inc. Establishing Joinder is Proper 附件： 1:Declaration of Samantha Parrish 2:Exhibit 1 - Court Entries 3:Exhibit 2 - News Article 4:Exhibit 3 - WSJ Article 5:(Exhibit 4 - U.S. CBP Report) |
| 11/22/2023 | ATTORNEY Appearance for Plaintiff Atari Interactive, Inc. by Samantha Diane Parrish |
| 11/16/2023 | ATTORNEY Appearance for Plaintiff Atari Interactive, Inc. by Jon Robert Neuleib |
| 11/16/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the Complaint 1, the Court questions whether joinder of nearly 200 defendants is appropriate in this case. Plaintiff alleges that it is a "global cross-platform licensor and interactive entertainment production company. (Dkt. 1 at p. 5). Plaintiff filed this trademark infringement suit against 186 online retailers who are allegedly selling unauthorized products based on a variety of Plaintiff's trademarks and copyrights. (Id. at pp. 6-7). The Complaint generally alleges that Defendants have created numerous internet stores that offer unauthorized products for sale that "bear similar irregularities and indicia of being related to one another, suggesting that the Counterfeit and Infringing Products were manufactured by and come from a common source and that, upon information and belief, Defendants are interrelated." (Id. at p. 12). Although the Complaint and attachments total 54 pages, only a handful offer specific allegations to establish a connection between all the defendants. Such conclusory and speculative statements, however, do not satisfy the principles described in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). Accordingly, Plaintiff is ordered to file a supplemental memorandum addressing the propriety of joinder by 11/30/23. Alternatively, by the same date, Plaintiff is granted leave to file an amended complaint with a smaller subset of defendants that includes specific allegations supporting joinder. Plaintiff's motion for leave to file under seal 7 is granted. Plaintiff's motion for a temporary restraining order 8 and motion for leave to file excess pages regarding the temporary restraining order 10 are taken under advisement until the joinder issue is resolved. Mailed notice |
| 11/08/2023 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
| 11/08/2023 | 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. |
| 11/08/2023 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). |
| 11/07/2023 | SEALED DOCUMENT by Plaintiff Atari Interactive, Inc. Exhibit 3 - (Part 22 of 33) 附件： 1:Exhibit 3 - (Part 23 of 33) 2:Exhibit 3 - (Part 24 of 33) 3:Exhibit 3 - (Part 25 of 33) 4:Exhibit 3 - (Part 26 of 33) 5:Exhibit 3 - (Part 27 of 33) 6:Exhibit 3 - (Part 28 of 33) 7:Exhibit 3 - (Part 29 of 33) 8:Exhibit 3 - (Part 30 of 33) 9:Exhibit 3 - (Part 31 of 33) 10:Exhibit 3 - (Part 32 of 33) 11:(Exhibit 3 - (Part 33 of 33)) |
| 11/07/2023 | SEALED DOCUMENT by Plaintiff Atari Interactive, Inc. 3 - (Part 11 of 33) 附件： 1:Exhibit 3 - (Part 12 of 33) 2:Exhibit 3 - (Part 13 of 33) 3:Exhibit 3 - (Part 14 of 33) 4:Exhibit 3 - (Part 15 of 33) 5:Exhibit 3 - (Part 16 of 33) 6:Exhibit 3 - (Part 17 of 33) 7:Exhibit 3 - (Part 18 of 33) 8:Exhibit 3 - (Part 19 of 33) 9:Exhibit 3 - (Part 20 of 33) 10:(Exhibit 3 - (Part 21 of 33)) |
| 11/07/2023 | SEALED DOCUMENT by Plaintiff Atari Interactive, Inc. 3 - (Part 1 of 33) 附件： 1:Exhibit 3 - (Part 2 of 33) 2:Exhibit 3 - (Part 3 of 33) 3:Exhibit 3 - (Part 4 of 33) 4:Exhibit 3 - (Part 5 of 33) 5:Exhibit 3 - (Part 6 of 33) 6:Exhibit 3 - (Part 7 of 33) 7:Exhibit 3 - (Part 8 of 33) 8:Exhibit 3 - (Part 9 of 33) 9:(Exhibit 3 - (Part 10 of 33)) |
| 11/07/2023 | DECLARATION of Kathyrn Butters 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 11/07/2023 | DECLARATION of Rossana Baeza in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:(Exhibit 6) |
| 11/07/2023 | MOTION by Plaintiff Atari Interactive, Inc. for leave to file excess pages re Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order 附件： 1:(Memorandum in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order) |
| 11/07/2023 | CLAIM - AO 121 Form (Copyright) by Atari Interactive, Inc. |
| 11/07/2023 | CLAIM - AO 120 Form (Trademark) by Atari Interactive, Inc. 附件： 1:(Exhibit A) |
| 11/07/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Atari Interactive, Inc. |
| 11/07/2023 | SEALED DOCUMENT by Plaintiff Atari Interactive, Inc. - Schedule A to Complaint |
| 11/07/2023 | ATTORNEY Appearance for Plaintiff Atari Interactive, Inc. by Rossana Baeza |
| 11/07/2023 | CIVIL Cover Sheet |
| 11/07/2023 | COMPLAINT filed by Atari Interactive, Inc.; Filing fee $ 402, receipt number AILNDC-21308017. 附件： 1:Exhibit 1 2:Exhibit 2 3:(Exhibit 3) |
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