最近更新:2025-01-17
更新

2025-cv-00190

BBC Studios Distribution Ltd v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:01/08/2025

法院:伊利诺伊州北区法院

品牌:Bluey 布鲁伊

律所:GBC

日期 描述
01/14/2025 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
01/13/2025 Registry Deposit Information Form by BBC Studios Distribution Ltd
01/10/2025 SEALED TEMPORARY Restraining Order. Signed by the Honorable Lindsay C. Jenkins on 1/10/2025. Mailed notice.
01/10/2025 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order [12], and motion for electronic service of process [17] are granted. 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. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries [2], and [16]. 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 (for the time being) on an ex parte basis. 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 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 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 other judges in this District have noted, there may be reason to question both the propriety of the joinder of 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 revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice.
01/10/2025 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
01/10/2025 SEALED DOCUMENT by Plaintiff BBC Studios Distribution Ltd Schedule A Template per [11]
01/10/2025 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
01/10/2025 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18]
01/10/2025 MEMORANDUM by BBC Studios Distribution Ltd in support of motion for miscellaneous relief[17]
01/10/2025 MOTION by Plaintiff BBC Studios Distribution Ltd for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
01/10/2025 SEALED EXHIBIT by Plaintiff BBC Studios Distribution Ltd Exhibit 3 - Parts 1-2 regarding declaration[15]
01/10/2025 DECLARATION of Diane Hamer regarding memorandum in support of motion[13]
附件:
1:Exhibit 2
2:Exhibit 1
01/10/2025 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[13]
01/10/2025 MEMORANDUM by BBC Studios Distribution Ltd in support of motion for temporary restraining order[12]
01/10/2025 MOTION by Plaintiff BBC Studios Distribution Ltd for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
01/08/2025 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff should review the Court's standing order on "Schedule A" Cases, available at https://www.ilnd.uscourts.gov/judge-info.aspx?IuUaWzNcEoPr4PHl9tvcGaMUezk8AnJ1 under the "Case Procedures" tab. Please note that the table's requirements were revised on October 10, 2024. As explained there, Plaintiff must complete and file the template linked on that page before the Court will consider granting any motion for preliminary injunctive relief. The submission must also provide a listing of all prior Schedule A cases filed in any court in the United States in which Plaintiff was a plaintiff, and a listing of any of the defendants included in the Schedule A in this case that Plaintiff has previously named as a defendant in any prior complaint or Schedule A case. Finally, by filing the template, Plaintiff certifies that Plaintiff has not used any of the screenshot evidence supplied in support of a motion for a TRO in this case in any prior proceeding. If the template is not completed by January 15, 2025, the Court may dismiss this matter for failure to prosecute. Mailed notice.
01/08/2025 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.
01/08/2025 CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2).
01/08/2025 ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Madeline Halgren
01/08/2025 ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Andrew Daniel Burnham
01/08/2025 ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Amy Crout Ziegler
01/08/2025 ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Justin R. Gaudio
01/08/2025 Notice of Claims Involving Trademarks by BBC Studios Distribution Ltd
01/08/2025 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BBC Studios Distribution Ltd
01/08/2025 CIVIL Cover Sheet
01/08/2025 MOTION by Plaintiff BBC Studios Distribution Ltd for leave to file under seal
01/08/2025 SEALED EXHIBIT by Plaintiff BBC Studios Distribution Ltd Schedule A regarding complaint[1]
01/08/2025 COMPLAINT filed by BBC Studios Distribution Ltd; Filing fee $ 405, receipt number AILNDC-22924223.
附件:
1:Exhibit 2
2:Exhibit 1

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