最近更新：2025-02-05
2024-cv-11472
| 日期 | 描述 |
|---|---|
| 01/16/2025 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 01/15/2025 | MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal [29], this case is dismissed without prejudice as to all Defendants. Absent reinstatement by 2/3/25, this dismissal shall automatically convert to a dismissal with prejudice. Civil case terminated. Mailed notice. |
| 01/14/2025 | NOTICE of Voluntary Dismissal by Intersport Corp. as to the Defendants Identified in Amended Schedule A |
| 12/20/2024 | 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 12/20/2024: Mailed notice. |
| 12/30/2024 | MINUTE entry before the Honorable John Robert Blakey: If Plaintiff can, consistent with its obligations under Rule 11, file an amended complaint that cures the deficiencies noted in prior orders 19, 26, it may do so by 1/15/25. If Plaintiff declines to amend, the Court will dismiss this case. Mailed notice. |
| 12/11/2024 | MINUTE entry before the Honorable John Robert Blakey: Plaintiff has filed an amended complaint, which seeks to sue 19 separate defendants for trademark infringement 20, 21. But, as before, the allegations remain conclusory and fail to support the joinder of the identified defendants in this single suit. Additionally, Plaintiff's allegations show that the infringing products appear to be intended for a use that remains inconsistent with the use claimed in the registration. For these reasons, the Court again dismisses the complaint 20 and denies Plaintiff's motion for expedited discovery 22. The 12/18/24 Notice of Motion date is stricken. Mailed notice |
| 12/09/2024 | DECLARATION of Keith A. Vogt regarding memorandum in support of motion[23] 附件： 1:Exhibit 1-2 |
| 12/09/2024 | Presentment for Exparte Motion [22] NOTICE of Motion by Keith A. Vogt for presentment of before Honorable John Robert Blakey on 12/18/2024 at 11:00 AM. |
| 12/09/2024 | MEMORANDUM in Support of [22] Exparte Motion 附件： 1:Exhibit 1 |
| 12/09/2024 | Amended Schedule A to Complaint [1], Schedule A [2], and Amended Complaint [20] by Intersport Corp. |
| 12/09/2024 | AMENDED complaint by Intersport Corp. against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:Exhibit 1 |
| 11/19/2024 | MINUTE entry before the Honorable John Robert Blakey: In this lawsuit, Plaintiff seeks to sue 203 separate defendants for trademark infringement, see 1, 2. Joinder of multiple defendants in a single trademark infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). In this regard, Plaintiff alleges that Defendants "share unique identifiers, such as design elements and similarities of the unauthorized products offered for sale, establishing a logical relationship between them, and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." 1 7, 11. The Court finds the allegations concerning commonalities in Defendants' websites and stores to be conclusory; indeed, it is equally possible that each online retailer set up shop in the same or similar manner. See, e.g., Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). Plaintiff also alleges, upon information and belief, that Defendants "are an interrelated group of counterfeiters working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell counterfeit products," and that the counterfeit products "for sale in the Defendant Internet Stores bear similarities and indicia of being related to one another, suggesting that the counterfeit products were manufactured by and come from a common source and that, upon information and belief, Defendants are interrelated." Id. 20, 23. But the screenshot evidence Plaintiff submitted belies the allegation, see 15 ; although some of the identified stores do appear to show the same photos, others do not. Nor does the screenshot evidence demonstrate a likelihood of success on the merits of the infringement claim; in fact, the registration attached to the complaint suggests a use inconsistent with the uses claimed by many of the allegedly infringing products. For these reasons, the Court dismisses Plaintiff's complaint 1 for improper joinder and denies the pending motions for leave to file excess pages 12 and motion for injunctive relief 13. The Court grants Plaintiff's motion for leave to file under seal 11. If Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support the joinder of numerous Defendants in this single action, it may do so by 12/9/24. If Plaintiff fails to comply, the Court will dismiss this case. If Plaintiff elects to amend its complaint, it should also address in its allegations the issue of personal jurisdiction as to each Defendant, see 1 12 (alleging personal jurisdiction based upon Defendants' offering to sell and ship infringing products into this judicial district). The mere maintenance of a website accessible in Illinois remains insufficient to confer personal jurisdiction. See, e.g., Am. Bridal & Prom Indus. Ass'n, Inc. v. The Partnerships & Unincorporated Associations Identified on Schedule A, 192 F. Supp. 3d 924, 93435 (N.D. Ill. 2016) (simply alleging the existence of purported counterfeiting via an interactive website is not enough, by itself, to confer personal jurisdiction); Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014) ("Having an interactive website. should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."); Rubik's Brand, Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 20-CV-5338, 2021 WL 825668, at *3 (N.D. Ill. Mar. 4, 2021) (screenshot evidence showing that an order could be placed by an Illinoisan, "amounts to nothing more than maintaining an interactive website that is accessible in Illinois," and "that alone cannot confer personal jurisdiction."). Finally, the Court reminds Plaintiff that all motions must be noticed for presentment. Mailed notice |
| 11/07/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 11/07/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 11/07/2024 | MINUTE entry before the Executive Committee: Case reassigned to the Honorable John Robert Blakey for all further proceedings pursuant to the provisions of 28 USC 294(b). Mailed notice (ags) (Additional attachment(s) added on 11/7/2024: # 1 Exhibit Request for reassignment). |
| 11/06/2024 | SEALED EXHIBIT by Plaintiff Intersport Corp. d/b/a Wham-O Sealed Exhibit 2, Declaration of Kurt Rios regarding memorandum in support of motion, [14] |
| 11/06/2024 | MEMORANDUM in Support of [13] Exparte Motion 附件： 1:Exhibit 1, of Kurt Rios' Declaration 2:Declaration of Kurt Rios 3:Exhibit 1-4, of Keith A. Vogt's Declaration 4:Declaration of Keith A. Vogt |
| 11/06/2024 | MOTION by Plaintiff Intersport Corp. d/b/a Wham-O for leave to file excess pages |
| 11/06/2024 | MOTION by Plaintiff Intersport Corp. d/b/a Wham-O for leave to file under seal |
| 11/06/2024 | 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. |
| 11/06/2024 | CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). |
| 11/06/2024 | ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Yi Bu |
| 11/06/2024 | ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Yanling Jiang |
| 11/06/2024 | ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Monica Rita Martin |
| 11/06/2024 | ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Christopher Romero |
| 11/06/2024 | ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Cameron Eugene Mcintyre |
| 11/06/2024 | ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Adam Grodman |
| 11/06/2024 | ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Keith A. Vogt |
| 11/06/2024 | CIVIL Cover Sheet |
| 11/06/2024 | SEALED DOCUMENT by Plaintiff Intersport Corp. d/b/a Wham-O Schedule A to Complaint [1] |
| 11/06/2024 | COMPLAINT filed by Intersport Corp. d/b/a Wham-O; Filing fee $ 405, receipt number AILNDC-22698177. 附件： 1:Exhibit 4 2:Exhibit 3 3:Exhibit 1 4:Exhibit 2 |
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