最近更新:2024-09-18
更新

2024-cv-02595

Zuru Inc. v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A

日期:04/01/2024

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
05/30/2024 MAILED trademark report to Patent Trademark Office, Alexandria VA.
05/29/2024 MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal [21], this case is dismissed without prejudice. Civil case terminated. Mailed notice
05/23/2024 NOTICE of Voluntary Dismissal by Zuru Inc. Without Prejudice
05/15/2024 MINUTE entry before the Honorable John Robert Blakey: Plaintiff seeks to sue 243 Defendants in this single action. But, as pled, Plaintiff's complaint fails to allege facts to support joinder. 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 joinder "is permitted because Plaintiff asserts rights to relief against these Defendants jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and common questions of law or fact will arise in the action." [1] at 75. But this is a legal conclusion, which the Court need not accept. Plaintiff also alleges that the Defendants operate in the same manner, which suggests they are "logically related." Id. 83-89. But the one does not necessarily follow the other; 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). To the extent Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support the joinder of 243 Defendants in this single action, it may do so by 6/7/24. If Plaintiff fails to comply, the Court will dismiss this case. If Plaintiff elects to amend its complaint, it should also bolster its allegations relating to personal jurisdiction as to each Defendant; 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). The Court denies without prejudice all pending motions [3], [10], [11], [14], [15], [16], and strikes the 5/22/24 Notice of Motion date. Mailed notice
05/14/2024 NOTICE of Motion by Joel Benjamin Rothman for presentment of motion for leave to file excess pages[15], motion to seal[14], motion for temporary restraining order[16] before Honorable John Robert Blakey on 5/22/2024 at 11:00 AM.
05/14/2024 SEALED DOCUMENT by Plaintiff Zuru Inc.
附件:
1:Exhibit 1 to the Declaration of Crystal Shan, Part 1
2:Exhibit 1 to the Declaration of Crystal Shan, Part 2
3:Exhibit 1 to the Declaration of Crystal Shan, Part 3
4:Exhibit 1 to the Declaration of Crystal Shan, Part 4
5:Exhibit 1 to the Declaration of Crystal Shan, Part 5
6:Exhibit 1 to the Declaration of Crystal Shan, Part 6
7:Exhibit 1 to the Declaration of Crystal Shan, Part 7
8:Exhibit 1 to the Declaration of Crystal Shan, Part 8
9:Exhibit 1 to the Declaration of Crystal Shan, Part 9
10:Exhibit 1 to the Declaration of Crystal Shan, Part 10
11:Exhibit 1 to the Declaration of Crystal Shan, Part 11
12:Exhibit 1 to the Declaration of Crystal Shan, Part 12
13:Exhibit 1 to the Declaration of Crystal Shan, Part 13
14:Exhibit 1 to the Declaration of Crystal Shan, Part 14
15:Exhibit 1 to the Declaration of Crystal Shan, Part 15
16:(Exhibit 1 to the Declaration of Crystal Shan, Part 16)
05/14/2024 MEMORANDUM by Zuru Inc. in support of motion for temporary restraining order[16]
附件:
1:Declaration of Joel B. Rothman in Support
2:Exhibit 1 to the Declaration of Joel B. Rothman
3:Declaration of Crystal Shan
05/14/2024 MOTION by Plaintiff Zuru Inc. for temporary restraining order and Alternate Service of Process
05/14/2024 MOTION by Plaintiff Zuru Inc. for leave to file excess pages
05/14/2024 MOTION by Plaintiff Zuru Inc. to seal
04/22/2024 SEALED DOCUMENT by Plaintiff Zuru Inc.
附件:
1:Exhibit 1 to the Declaration of Crystal Shan, Part 1
2:Exhibit 1 to the Declaration of Crystal Shan, Part 2
3:Exhibit 1 to the Declaration of Crystal Shan, Part 3
4:Exhibit 1 to the Declaration of Crystal Shan, Part 4
5:Exhibit 1 to the Declaration of Crystal Shan, Part 5
6:Exhibit 1 to the Declaration of Crystal Shan, Part 6
7:Exhibit 1 to the Declaration of Crystal Shan, Part 7
8:Exhibit 1 to the Declaration of Crystal Shan, Part 8
9:Exhibit 1 to the Declaration of Crystal Shan, Part 9
10:Exhibit 1 to the Declaration of Crystal Shan, Part 10
11:Exhibit 1 to the Declaration of Crystal Shan, Part 11
12:Exhibit 1 to the Declaration of Crystal Shan, Part 12
13:Exhibit 1 to the Declaration of Crystal Shan, Part 13
14:Exhibit 1 to the Declaration of Crystal Shan, Part 14
15:Exhibit 1 to the Declaration of Crystal Shan, Part 15
16:(Exhibit 1 to the Declaration of Crystal Shan, Part 16)
04/22/2024 MEMORANDUM by Zuru Inc. in support of motion for temporary restraining order 11
附件:
1:Declaration of Joel B. Rothman
2:Exhibit 1
3:(Declaration of Crystal Shan)
04/22/2024 MOTION by Plaintiff Zuru Inc. for temporary restraining order and Alternate Service of Process
04/22/2024 MOTION by Plaintiff Zuru Inc. for leave to file excess pages
04/16/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Zuru Inc.
04/04/2024 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
04/04/2024 MAILED trademark report to Patent Trademark Office, Alexandria VA.
04/01/2024 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.
04/01/2024 CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2).
04/01/2024 SEALED DOCUMENT by Plaintiff ZURU INC. Schedule "A" to the Complaint
04/01/2024 ATTORNEY Appearance for Plaintiff ZURU INC. by Jay Campbell Miller
04/01/2024 ATTORNEY Appearance for Plaintiff ZURU INC. by Angela Marie Nieves
04/01/2024 MOTION by Plaintiff ZURU INC. to seal
04/01/2024 ATTORNEY Appearance for Plaintiff ZURU INC. by Joel Benjamin Rothman
04/01/2024 COMPLAINT for Damages and Injunctive Relief filed by ZURU INC. ; Jury Demand. Filing fee $ 405, receipt number AILNDC-21805072.
附件:
1:Civil Cover Sheet
2:Exhibit 1 - Trademark Registrations
3:Exhibit 2 - Copyright Registrations
4:(Exhibit 3 - Prior Counterfeiting Cases)

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