Estee Lauder Cosmetics Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Este Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. and Estee Lauder Cosmetics Ltd. |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", LoveThanks Enchanting Makeup Store and LoveThanks Makeup Tools Store |
| 1:2020cv00820 |
| February 4, 2020 |
| 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 April 3, 2020. A more recent docket listing may be available from PACER.
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| Filing 45 MINUTE entry before the Honorable Edmond E. Chang: In light of Second Amended General Order 20-0012, the Court adjusts the answer deadline from 03/30/2020 to 04/28/2020. Status hearing of 04/15/2020 is reset to 05/05/2020 at 9:30 a.m. By 04/29/2020, Plaintiff shall file a motion for default as to any Defendant who has not responded to Plaintiffs' complaint and notice it for presentment for the next status hearing date and time. Mailed notice (mw, ) |
Filing 44
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1, )
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Filing 43
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, )
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| NEW PARTIES: LoveThanks Enchanting Makeup Store and LoveThanks Makeup Tools Store added to case caption. (Ziegler, Amy) |
| Filing 42 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 3/12/2020: Mailed notice (mw, ) |
| Filing 41 MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearing held. Counsel for Plaintiff reported she has not heard from any Defendants. The same four factors that apply and supported the TRO still apply. Plaintiff's motion for preliminary injunction #36 is granted. Status hearing set for 04/09/2020 at 9:00 a.m. By 04/06/2020, Plaintiff shall file a motion for default as to any Defendant who has not responded to Plaintiff's complaint and notice it for presentment on 04/15/2020 at 9:15 a.m. Mailed notice (mw, ) |
| Filing 40 SUMMONS Returned Executed by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 3/9/2020, answer due 3/30/2020. (Attachments: #1 Declaration of Abby Neu)(Neu, Abby) |
| Filing 39 ATTORNEY Appearance for Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. by Abby Marie Neu (Neu, Abby) |
| Filing 38 NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction #36 before Honorable Edmond E. Chang on 3/12/2020 at 09:30 AM. (Gaudio, Justin) |
| Filing 37 MEMORANDUM by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. in support of motion for preliminary injunction #36 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 36 MOTION by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. for preliminary injunction (Gaudio, Justin) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (kl, ) |
| Filing 35 MINUTE entry before the Honorable Edmond E. Chang: Plaintiffs' extension motion #30 on the TRO is granted, because the same circumstances warrant an extension of the original TRO. The TRO is extended through 03/12/2020. The status hearing of 02/27/2020 and 03/26/2020 are reset to 03/12/2020 at 9:30 a.m. Plaintiffs shall file a motion for preliminary injunction (or default, if appropriate) in advance of the next status hearing, noticed for presentment on the same date and time. Mailed notice (mw, ) |
| Filing 34 ATTORNEY Appearance for Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. by Jake Michael Christensen (Christensen, Jake) |
| BOND in the amount of $ $10,000 posted by Estee Lauder Cosmetics Ltd. Receipt No.4624238591 (kl, ) |
| Filing 33 REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 2/18/2020: Mailed notice (mw, ) |
| Filing 32 NOTICE of Motion by Justin R. Gaudio for presentment of extension of time #30 before Honorable Edmond E. Chang on 2/27/2020 at 08:30 AM. (Gaudio, Justin) |
| Filing 31 MEMORANDUM by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. in support of extension of time #30 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Filing 30 MOTION by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Filing 29 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 2/13/2020: Mailed notice (mw, ) |
| Filing 28 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held. Plaintiffs' motion for leave to file under seal #6 is granted. Plaintiffs' motion for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #13 is granted. An order will be entered under seal separately. Plaintiffs' motion for leave to file Memorandum Establishing Joinder is Proper Under Seal #21 is granted. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), 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, Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to Defendants, who likely would seek to transfer the money elsewhere. By 02/18/2020, Plaintiffs shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Schedule A). Plaintiffs' motion for electronic service of process #18 is granted. Status hearing of 03/26/2020 is reset to 02/27/2020 at 8:30 a.m., but due to the Court's schedule, Plaintiffs shall file the TRO extension motion on 02/18/2020, noticed for presentment at the next status hearing date and time, so that the Court can decide the motion on 02/18/2020 or 02/19/2020. Mailed notice (mw, ) |
| Filing 27 ATTORNEY Appearance for Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. by RiKaleigh C. Johnson (Johnson, RiKaleigh) |
| Filing 26 MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the hearing time on Plaintiffs' motions #6 , #13 , #18 , #21 are reset to 9:00 a.m. on the same date, 02/13/2020. Mailed notice (mw, ) |
| Filing 25 Notice of Claims Involving Trademarks by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. (Gaudio, Justin) |
| Filing 24 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs (Gaudio, Justin) |
| Filing 23 NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order #13 , motion for miscellaneous relief #18 , motion for leave to file #21 , motion for leave to file #6 before Honorable Edmond E. Chang on 2/13/2020 at 08:30 AM. (Gaudio, Justin) |
| Filing 22 SEALED DOCUMENT by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. Memorandum Establishing Joinder is Proper (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 21 MOTION by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. for leave to file Memorandum Establishing Joinder is Proper Under Seal (Gaudio, Justin) |
| Filing 20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #19 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 19 MEMORANDUM by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 SEALED EXHIBIT by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. Exhibit 3 regarding declaration #16 (Gaudio, Justin) |
| Filing 16 DECLARATION of Jessica Heiss regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 15 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 14 MEMORANDUM by Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 12 SEALED DOCUMENT by Plaintiffs Estee Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. Amended Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Schedule A)(Gaudio, Justin) |
| Filing 11 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (aee, ) |
| Filing 10 MAILED trademark report to Patent Trademark Office, Alexandria VA. (Attachments: #1 Trademarks)(aee, ) |
| Filing 9 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. (aee, ) |
| Filing 8 MINUTE entry before the Honorable Edmond E. Chang: Initial status hearing set for 03/26/2020 at 9:30 a.m. The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. Plaintiff must still file the report even if not all Defendants have been served or have responded to requests to craft a joint report. Because the Procedures are occasionally revised, counsel must read them anew even if counsel has appeared before Judge Chang in other cases. Mailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| Filing 7 SEALED EXHIBIT by Plaintiffs Este Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 6 MOTION by Plaintiffs Este Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Este Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. by Allyson M. Martin (Martin, Allyson) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Este Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Este Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 2 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Este Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc.; Filing fee $ 400, receipt number 0752-16688881. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (txl, ) |
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