Fitness Anywhere LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Fitness Anywhere LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", Zhang Yi, Zita Binder, Zhao Dan, Zhang Zhang, Yulan Lam, Workout-Dubai.com, Trxwoukoutsforsales.com, Trxworkouts.ca, Trxworkoutkits.com, Trxudstyr.com, Trxtrainingstore.com, Trxtrainingoutlets.com, Trxtrainingkits.com, Trxtrainingkit.com, Trxsuspensionkits.com, Trx-Oefeningen.nl, Trxaustraliaforsale.com, Toptraining.club, Sundari Smith, Seana Edwards, Sammul Koo, Outlets Home, Nishu Sarna Nishu Sarna, Mytrxsuspensiontrainer.com, Monica Chan, Luigii Cardinaee, Liu Liu, Li Wei, Li Ming Liu, Li Feng, Li Fei, Lany Yiyi, Jolene Martinez, Joe Haney, Jiang Yongxin, Jeffrey Davis, Haima Xuan, Girma Mulatu, Fitnessamend.com, Feng Zilai, Du Xunfa, Dan Thurston, Christophe Mollaret, Casey Chan, Bin Bin Huang, Bin Bin Guo Zhong, Amaane Khane, Alltrxtraining.com, Alltrxforsale.com, Donguan Jieming Crafts Products Co., Ltd., Huiyang Xinxu Tianxing Latex Products Factory, Rizhao Aokang Fitness Co., Ltd., Babyface_lyt, Happyhome-life, Lxc26888, Pnlstores, Do4F, Eason's Suspension Trainer Store, Jianbingxia, John_0303, JST Dragon Inn, Prime_Net, Rialligroup7, Sogar.100, UP9 Store, X.goodstore and Ynaan |
| 1:2016cv09267 |
| September 27, 2016 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| XX US, Outside the State of IL |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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This docket was last retrieved on November 23, 2016. A more recent docket listing may be available from PACER.
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| Filing 52 NOTICE of withdrawal of bond #36 by Theodore Lamb (mmy, ) |
| Filing 51 MAILED Trademark report with certified copy of minute order #47 dated 11/22/16 to Patent Trademark Office, Alexandria, VA. (kp, ) |
| Filing 50 NOTICE of Voluntary Dismissal by Fitness Anywhere LLC as to certain Defendants (Gaudio, Justin) |
| Filing 49 ENTERED JUDGMENT on 11/22/2016:Emailed notice(slb, ) |
| Filing 48 FINAL Judgment Order Signed by the Honorable Edmond E. Chang on 11/22/2016:Emailed notice(slb, ) |
| Filing 47 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiff's motion for entry of default and default judgment against the Defendants identified on schedule A, with the exception of certain Defendants #44 . No one appeared for the Defendants, and no one contacted Plaintiff's counsel on the remaining Defendants' behalf to contest the motion. Plaintiff has properly completed service of process on Defendants and they have failed to answer or appear, and the time for answering has expired. Therefore, the motion for entry of default and default judgment #44 is granted. As explained during the hearing, the Count found that $150,000 is the appropriate statutory damages per Defaulting Defendant. In addition, the Court enters a permanent injunction prohibiting Defaulting Defendants from selling Counterfeit TRX Products. A separate AO-450 judgment shall be entered. With regard to Defendants happyhome-life and ynaan, Plaintiff's counsel reported that a settlement has been reached. As to those Defendants, the case is dismissed without prejudice and with full leave to reinstate via motion filed by 12/22/2016. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. Civil case terminated. Emailed notice (slb, ) |
| Filing 46 MINUTE entry before the Honorable Edmond E. Chang: Due to the unavailability of the court, the motion hearing #43 of 11/21/2016 is reset to 11/22/2016 at 10:00 a.m. Emailed notice (slb, ) |
| Filing 45 NOTICE of Motion by Justin R. Gaudio for presentment of motion for entry of default, motion for default judgment,, #43 before Honorable Edmond E. Chang on 11/21/2016 at 08:30 AM. (Gaudio, Justin) |
| Filing 44 MEMORANDUM by Fitness Anywhere LLC in support of motion for entry of default, motion for default judgment,, #43 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 43 MOTION by Plaintiff Fitness Anywhere LLC for entry of default as to the Defendants identified on Schedule A, with the exception of certain Defendants, MOTION by Plaintiff Fitness Anywhere LLC for default judgment as to the Defendants identified in Schedule A, with the exception of certain Defendants (Gaudio, Justin) |
| Filing 42 NOTICE of Voluntary Dismissal by Fitness Anywhere LLC as to certain Defendants (Gaudio, Justin) |
| Filing 41 MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the Preliminary Injunction (39). The Court directs the Clerk to unseal the following: Plaintiff's Amended Complaint #8 and Exhibit 1 thereto [8- 1], Schedule A to the Complaint #7 and the Amended Complaint [8- 2], Exhibit 2 and 3 to the Declaration of Marisa Christie [ 13] and #14 , and the TRO [ 30]. Emailed notice (slb, ) |
| Filing 40 SUMMONS Returned Executed by Fitness Anywhere LLC as to ZHANG YI on 10/19/2016, answer due 11/9/2016. (Attachments: #1 Return of Service)(Bloodgood, Jessica) |
| Filing 39 PRELIMINARY INJUNCTION Signed by the Honorable Edmond E. Chang on 10/18/2016:Emailed notice(slb, ) |
| Filing 38 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiff's motion for preliminary injunction #33 . For the same reasons as previously described in the temporary restraining order, the balance of factors dictate preliminary injunctive relief, so the motion #33 is granted. The Court will enter the Preliminary Injunction Order separately. Status hearing set for 12/01/2016 at 10:00 a.m. If a motion for default judgment is needed, then it must be filed no later than 11/28/2016, noticed for presentment at the next status hearing's date and time. Emailed notice (slb, ) |
| SUMMONS Issued as to Defendant ZHANG YI (pg, ) |
| Filing 37 (UNDER SEAL) AMENDED TEMPORARY RESTRAINING ORDER. This amended TRO conforms with Schedule A in the Second Amended Complaint #32 , adding certain Defendants to Schedule A. The amended complaint named these additional Defendants in the body of the complaint, but not in the prior Schedule A. The Second Amended Complaint listed the additional Defendants on the revised Schedule A.(slb, ) |
| Filing 36 SURETY BOND in the amount of $10,000.00 posted by Fitness Anywhere, LLC. (Document not scanned). (aee, ) |
| Filing 35 NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction #33 before Honorable Edmond E. Chang on 10/18/2016 at 10:00 AM. (Gaudio, Justin) |
| Filing 34 MEMORANDUM by Fitness Anywhere LLC in support of motion for preliminary injunction #33 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 33 MOTION by Plaintiff Fitness Anywhere LLC for preliminary injunction (Gaudio, Justin) |
| Filing 32 Second AMENDED complaint by Fitness Anywhere LLC against ZHANG YI, ZITA BINDER, ZHAO DAN, ZHANG ZHANG, YULAN LAM, WORKOUT-DUBAI.COM, TRXWORKOUTSFORSALES.COM, TRXWORKOUTS.CA, TRXWORKOUTKITS.COM, TRXUDSTYR.COM, TRXTRAININGSTORE.COM, TRXTRAININGOUTLETS.COM, TRXTRAININGKITS.COM, TRXTRAININGKIT.COM, TRXSUSPENSIONKITS.COM, TRX-OEFENINGEN.NL, TRXAUSTRALIAFORSALE.COM, TOPTRAINING.CLUB, SUNDARI SMITH, SEANA EDWARDS, SAMMUL KOO, OUTLETS HOME, NISHU SARNA NISHU SARNA, MYTRXSUSPENSIONTRAINER.COM, MONICA CHAN, LUIGII CARDINAEE, LIU LIU, LI WEI, LI MING LIU, LI FENG, LI FEI, LANY YIYI, JOLENE MARTINEZ, JOE HANEY, JIANG YONGXIN, JEFFREY DAVIS, HAIMA XUAN, GIRMA MULATU, FITNESSAMEND.COM, FENG ZILAI, DU XUNFA, DAN THURSTON, CHRISTOPHE MOLLARET, CASEY CHAN, BIN BIN HUANG, BIN BIN GUO ZHONG, AMAANE KHANE, ALLTRXTRAINING.COM, ALLTRXFORSALE.COM, DONGGUAN JIEMING CRAFTS PRODUCTS CO., LTD., HUIYANG XINXU TIANXING LATEX PRODUCTS FACTORY, RIZHAO AOKANG FITNESS CO., LTD., BABYFACE_LYT, HAPPYHOME-LIFE, LXC26888, PNLSTORES, DO4F, EASON'S SUSPENSION TRAINER STORE, JIANBINGXIA, JOHN_0303 (2), JST DRAGON INN, PRIME_NET, RIALLIGROUP7, SOGAR.100, UP9 STORE, X.GOODSTORE, YNAAN and terminating The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit 1, #2 Schedule A)(Gaudio, Justin) |
Filing 31
ORDER signed by the Honorable Edmond E. Chang. This is the publicly available version of the TRO, redacting the Defendants' identities.Emailed notice(slb, )
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| Filing 30 TEMPORARY RESTRAINING ORDER signed by the Honorable Edmond E. Chang.(slb, ) |
| Filing 29 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiff's motion for temporary restraining order and other relief #9 . For the reasons stated in open court and in the motion, Plaintiff's motion for temporary restraining #9 order is granted. The temporary restraining order will be entered in a separate entry. Plaintiff's motion to serve Defendants by electronic means #15 is granted. Plaintiff's motion for expedited discovery is granted. Plaintiff's motion to seal document #6 is granted. Plaintiff's motion for leave to file a second amended complaint #21 is granted. The motion for renewal of the TRO or a motion for preliminary injunction to be filed by 10/13/2016, noticed for presentment at the next status hearing. Status hearing set for 10/18/2016 at 10:00 a.m. Emailed notice (slb, ) |
| Filing 28 ATTORNEY Appearance for Plaintiff Fitness Anywhere LLC by Allyson M. Martin (Martin, Allyson) |
| Filing 27 NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file #21 before Honorable Edmond E. Chang on 10/5/2016 at 09:00 AM. (Gaudio, Justin) |
| Filing 26 SEALED EXHIBIT by Plaintiff Fitness Anywhere LLC Exhibit 2 - Parts 6-8 regarding declaration #12 (Attachments: #1 Exhibit 2-6, #2 Exhibit 2-7, #3 Exhibit 2-8)(Gaudio, Justin) |
| Filing 25 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (aee, ) |
| Filing 24 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (Attachments: #1 Trademarks) (aee, ) |
| Filing 23 DECLARATION of Marisa Christie regarding memorandum in support of motion #10 (Gaudio, Justin) |
| Filing 22 SEALED DOCUMENT by Plaintiff Fitness Anywhere LLC Proposed Second Amended Complaint (Attachments: #1 Exhibit 1 to the Proposed Second Amended Complaint, #2 Schedule A to the Proposed Second Amended Complaint)(Gaudio, Justin) |
| Filing 21 MOTION by Plaintiff Fitness Anywhere LLC for leave to file a Second Amended Complaint (Gaudio, Justin) |
| Filing 20 NOTICE of Motion by Justin R. Gaudio for presentment of motion to seal document #6 , motion for temporary restraining order #9 , motion for miscellaneous relief #15 before Honorable Edmond E. Chang on 10/5/2016 at 09:00 AM. (Gaudio, Justin) |
| Filing 19 Notice of Claims Involving Trademarks by Fitness Anywhere LLC (Gaudio, Justin) |
| Filing 18 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fitness Anywhere LLC (Gaudio, Justin) |
| Filing 17 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #16 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 16 MEMORANDUM by Fitness Anywhere LLC in support of motion for miscellaneous relief #15 (Gaudio, Justin) |
| Filing 15 MOTION by Plaintiff Fitness Anywhere LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 14 SEALED EXHIBIT by Plaintiff Fitness Anywhere LLC Exhibit 3 regarding declaration #12 (Gaudio, Justin) |
| Filing 13 SEALED EXHIBIT by Plaintiff Fitness Anywhere LLC Exhibit 2 - Parts 1-5 regarding declaration #12 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3, #4 Exhibit 2-4, #5 Exhibit 2-5)(Gaudio, Justin) |
| Filing 12 DECLARATION of Marisa Christie regarding memorandum in support of motion #10 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 11 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #10 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 10 MEMORANDUM by Fitness Anywhere LLC in support of motion for temporary restraining order #9 , motion to seal document #6 (Gaudio, Justin) |
| Filing 9 MOTION by Plaintiff Fitness Anywhere LLC for temporary restraining order , including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 8 SEALED DOCUMENT by Plaintiff Fitness Anywhere LLC Amended Complaint (Attachments: #1 Exhibit 1, #2 Schedule A)(Gaudio, Justin) |
| Filing 7 SEALED EXHIBIT by Plaintiff Fitness Anywhere LLC Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 6 MOTION by Plaintiff Fitness Anywhere LLC to seal document (Gaudio, Justin) |
| Filing 5 ATTORNEY Appearance for Plaintiff Fitness Anywhere LLC by Paul G. Juettner (Juettner, Paul) |
| Filing 4 ATTORNEY Appearance for Plaintiff Fitness Anywhere LLC by Jessica Lea Bloodgood (Bloodgood, Jessica) |
| Filing 3 ATTORNEY Appearance for Plaintiff Fitness Anywhere LLC by Justin R. Gaudio (Gaudio, Justin) |
| Filing 2 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Fitness Anywhere LLC; Filing fee $ 400, receipt number 0752-12405766. (Attachments: #1 Exhibit 1, #2 Schedule A)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. (tm, ) |
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