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2024-cv-07388

Norris v. The Partnerships And Unincorporated Associations Identified On Schedule A,

日期:08/16/2024

法院:伊利诺伊州北区法院

品牌:F1赛车手商标 Lando Norris

律所:TME

日期 描述
10/23/2024 NEW PARTIES: Shop1103743867 Store and TFUNNY Store added to case caption. Terminating The Partnerships And Unincorporated Associations Identified On Schedule A
10/22/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Jeffrey I Cummings on 10/22/2024. Mailed notice
10/22/2024 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction [25] is granted. Plaintiff's filings establish that it 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 goods. Plaintiff has also certified and established that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. The 10/28/24 tracking status hearing is stricken and re-set to 12/2/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice
09/20/2024 CERTIFICATE of Service by Sydney Paige Fenton on behalf of Lando Norris
附件:
1:Exhibit A
09/19/2024 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction [25]. In connection with that motion, plaintiff must serve all remaining 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 by or before October 4, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon 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 Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice
09/17/2024 MEMORANDUM by Lando Norris in support of motion for preliminary injunction[25]
附件:
1:Declaration of Martin F. Trainor
2:Exhibit 1
09/17/2024 MOTION by Plaintiff Lando Norris for preliminary injunction
附件:
1:Exhibit A
09/17/2024 SUMMONS Returned Executed by Lando Norris as to The Partnerships And Unincorporated Associations Identified On Schedule A, on 9/17/2024, answer due 10/8/2024.
附件:
1:Declaration of Sydney Fenton
2:Exhibit A
09/04/2024 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's ex parte motion to extend the temporary restraining order [20] is granted. The TRO entered on 8/23/24 [19] is extended to 9/20/24. Mailed notice
09/03/2024 SURETY BOND in the amount of $ 2,000.00 posted by Lando Norris. (Document not scanned.)
09/03/2024 MEMORANDUM by Lando Norris in support of motion for miscellaneous relief[20]
附件:
1:Declaration of Martin F. Trainor
09/03/2024 MOTION by Plaintiff Lando Norris to Extend the Temporary Restraining Order
08/26/2024 SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A
08/23/2024 SEALED ORDER. Signed by the Honorable Jeffrey I Cummings on 8/23/2024.
08/23/2024 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint and expedited discovery [12], and motion for electronic service of process [16] are granted as to Amended Schedule A. 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 file under seal the documents identified in the motion to seal. 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 on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing is set for 10/28/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice.
08/21/2024 MEMORANDUM by Lando Norris in support of motion for miscellaneous relief[16]
附件:
1:Declaration of Martin F. Trainor
2:Exhibit 1
08/21/2024 MOTION by Plaintiff Lando Norris for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
08/21/2024 SEALED EXHIBIT by Plaintiff Lando Norris Exhibit 2 regarding declaration[14]
08/21/2024 DECLARATION of Paul Varley regarding memorandum in support of motion 13
附件:
1:(Exhibit 1)
08/21/2024 MEMORANDUM by Lando Norris in support of motion for miscellaneous relief[12]
附件:
1:Declaration of Martin F. Trainor
2:Exhibit 1
08/21/2024 MOTION by Plaintiff Lando Norris for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
08/21/2024 SEALED EXHIBIT by Plaintiff Lando Norris Schedule A regarding amended complaint, [10]
08/21/2024 AMENDED complaint by Lando Norris against The Partnerships And Unincorporated Associations Identified On Schedule A
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
5:Exhibit 5
08/19/2024 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.
08/19/2024 CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2).
08/18/2024 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
附件:
1:(List of Trademarks)
08/16/2024 ATTORNEY Appearance for Plaintiff Lando Norris by Alexander Whang
08/16/2024 ATTORNEY Appearance for Plaintiff Lando Norris by Sydney Paige Fenton
08/16/2024 ATTORNEY Appearance for Plaintiff Lando Norris by Martin Francis Trainor
08/16/2024 Notice of Claims Involving Trademarks by Lando Norris
08/16/2024 CIVIL Cover Sheet
08/16/2024 MOTION by Plaintiff Lando Norris for Leave to File Certain Documents Under Seal
08/16/2024 SEALED EXHIBIT by Plaintiff Lando Norris Schedule A regarding complaint[1]
08/16/2024 COMPLAINT filed by Lando Norris ; Filing fee $ 405, receipt number AILNDC-22374300.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

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