Lululemon Athletica Canada Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Lululemon Athletica Canada Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", ultimateactivewear.shop Owner, fitnessculture.shop Owner and globaloutlet.shop Owner |
| 1:2019cv06336 |
| September 24, 2019 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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This docket was last retrieved on November 21, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 39 FINAL Judgment Order Signed by the Honorable Edmond E. Chang on 11/21/2019:Emailed notice(slb, ) |
| Filing 38 ENTERED JUDGMENT on 11/21/2019:Emailed notice(slb, ) |
| Filing 37 MINUTE entry before the Honorable Edmond E. Chang:Status and motion hearing held on Plaintiff's motion for entry of default and default judgment #34 . Plaintiff has properly completed service of process on Defendants, Defendants have not answered, and the time for answering the Complaint has expired. Therefore, Plaintiff's motion for entry of default and default judgment is granted. Based on the need for compensation and deterrence, but balanced against over-deterrence and avoiding outright punishment, Plaintiff is awarded statutory damages from each of the Defendants in the amount of $50,000. Plaintiff's request for a permanent injunction is granted in light of the finding of willfulness, and the irreparable harm and inadequate remedy at law arising from trademark infringement. Civil case terminated. Emailed notice (slb, ) |
| Filing 36 NOTICE of Motion by Justin R. Gaudio for presentment of motion for entry of default, motion for default judgment #34 before Honorable Edmond E. Chang on 11/21/2019 at 09:00 AM. (Gaudio, Justin) |
| Filing 35 MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for entry of default, motion for default judgment #34 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 34 MOTION by Plaintiff Lululemon Athletica Canada Inc. for entry of default as to all Defendants, MOTION by Plaintiff Lululemon Athletica Canada Inc. for default judgment as to all Defendants (Gaudio, Justin) |
| Filing 33 PRELIMINARY INJUNCTION Signed by the Honorable Edmond E. Chang on 10/15/2019:Emailed notice(slb, ) |
| Filing 32 MINUTE entry before the Honorable Edmond E. Chang:Status and motion hearing held on Plaintiff's motion for preliminary injunction #27 . As discussed during the hearing, Plaintiff's motion for preliminary injunction #27 is granted: the four factors remain the same as when the TRO was entered. The order will be entered separately. Plaintiff has served all Defendants. If Defendants fail to answer the complaint by the answer deadline, then they shall be deemed in default. Plaintiff shall file, no later than 11/18/2019, a motion for default judgment in a sum certain, noticed for presentment to coincide with the next status hearing date and time. Status hearing set for 11/21/2019 at 9 a.m. The Clerk's Office shall unseal all sealed documents. Emailed notice (slb, ) |
| Filing 31 ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Jake Michael Christensen (Christensen, Jake) |
| Filing 30 SUMMONS Returned Executed by Lululemon Athletica Canada Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 10/9/2019, answer due 10/30/2019. (Attachments: #1 Declaration of Jake M. Christensen)(Christensen, Jake) |
| Filing 29 NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction #27 before Honorable Edmond E. Chang on 10/15/2019 at 09:00 AM. (Gaudio, Justin) |
| Filing 28 MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for preliminary injunction #27 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 27 MOTION by Plaintiff Lululemon Athletica Canada Inc. for preliminary injunction (Gaudio, Justin) |
| BOND in the amount of $ 10,000.00, Receipt no. 4624231229 posted by Lululemon Athletica Canada Inc. (jn, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (ecw, ) |
| Filing 26 TEMPORARY Restraining Order [REDACTED] Signed by the Honorable Edmond E. Chang on 10/01/2019. Emailed notice(slb, ) |
| Filing 25 SEALED TEMPORARY Restraining Order Signed by the Honorable Edmond E. Chang on 10/01/2019.(slb, ) Modified on 10/18/2019 (pj, ). |
| Filing 24 MINUTE entry before the Honorable Edmond E. Chang:Motion hearing held on Plaintiff's motion for temporary restraining order and other relief #11 . Plaintiff's motion for leave to file documents under seal #6 is granted. As explained during the hearing, Plaintiff's motion for temporary restraining order #11 is granted. The Court notes that restraining assets before judgment is always a concern, because a federal district court's authority to do so is circumscribed: district courts generally do not have the authority to preliminarily restrain assets where a plaintiff seeks a money judgment. Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999). But Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. 1117(a). To the extent that the restraint might be too broad, the defendants may file challenges to the scope of the TRO by submitting evidence that some or all of the money has other sources. The balance of factors tips in favor of Plaintiff being able to freeze the assets of the defendants listed on Schedule A, which is filed under seal in order to allow Plaintiff time to serve financial institutions and payment hosting services with the TRO without advance warning to the defendants, who likely would seek to transfer the money elsewhere. Again, Defendants are free to file appearances and litigate the issue. The TRO will be entered in a separate entry: there will be a temporarily sealed version and a publicly available redacted version. Plaintiff's motion to serve Defendants by electronic means #17 is granted. Plaintiff's motion for expedited discovery is granted. The motion for renewal of the TRO or a motion for preliminary injunction to be filed by 10/12/2019, noticed for 10/15/2019 at 9 a.m. Status hearing set for 10/15/2019 at 9 a.m.Emailed notice (slb, ) |
| Filing 23 MINUTE entry before the Honorable Edmond E. Chang:On the Court's own initiative, the motion hearings on 09/30/2019 are reset to 10/01/2019 at 9:15 a.m. Emailed notice (slb, ) |
| Filing 22 Notice of Claims Involving Trademarks by Lululemon Athletica Canada Inc. (Gaudio, Justin) |
| Filing 21 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Lululemon Athletica Canada Inc. (Gaudio, Justin) |
| Filing 20 NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order #11 , motion for miscellaneous relief #17 , motion for leave to file #6 before Honorable Edmond E. Chang on 9/30/2019 at 08:30 AM. (Gaudio, Justin) |
| Filing 19 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #18 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 18 MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for miscellaneous relief #17 (Gaudio, Justin) |
| Filing 17 MOTION by Plaintiff Lululemon Athletica Canada Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 16 DECLARATION of Ms. Perveen Atwal Exhibit 5 by Plaintiff Lululemon Athletica Canada Inc. Exhibit 5 regarding declaration #14 (Gaudio, Justin) Modified on 10/18/2019 (pj, ). |
| Filing 15 DECLARATION of Ms. Perveen Atwal Exhibit 4 by Plaintiff Lululemon Athletica Canada Inc. Exhibit 4 regarding declaration #14 (Attachments: #1 Exhibit 4)(Gaudio, Justin) Modified on 10/18/2019 (pj, ). |
| Filing 14 DECLARATION of Perveen Atwal regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 13 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 12 MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for temporary restraining order #11 (Gaudio, Justin) |
| Filing 11 MOTION by Plaintiff Lululemon Athletica Canada Inc. 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 10 AMENDED Complaint by Plaintiff Lululemon Athletica Canada Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Schedule A)(Gaudio, Justin) Modified on 10/18/2019 (pj, ). |
| Filing 9 SCHEDULE A by Plaintiff Lululemon Athletica Canada Inc. Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 10/18/2019 (pj, ). |
| Filing 8 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ek, ) |
| Filing 7 MAILED Trademark report to Patent Trademark Office, Alexandria VA (ek, ) |
| Filing 6 MOTION by Plaintiff Lululemon Athletica Canada Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 5 ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Allyson M. Martin (Martin, Allyson) |
| Filing 4 ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 3 ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 2 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Lululemon Athletica Canada Inc.; Filing fee $ 400, receipt number 0752-16266308. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Schedule A)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (lw, ) |
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