Cocoon Innovations, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| ABC Corporation and Cocoon Innovations, LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", SF Domestic Store, OSQUARE, Everyday Need Store, Lost in Mystylish Store, Typemoon house Store, NANQI Store, hello2017 Store, LOHAS Store, Shop5424210 Store, Praise House Tool Store, Sturdy Tool&Lighting Store, GreensTion-S, JQFF179 Store, Festive & Party Store, Inyasha HU Store, HUIYU Factory Store, QIU Store, HOUSE SHOP Store, My Lifestyle Store, Yangmin Camping Store, 520 Houseware Store, House of happiness Store, Eabr, YAYa house supplies Store, Buy for Your Lifestyle Store, Boom shakalaka Store, AGA homeware Store, KingPet Market Store, Coldcedar, Happiness House Store, Cindy Homeware Store, ZeeYi Freelife Store, Purer Life Drop Shipping Store, Nordstadt Store, Cutepet Store, E-Tool&Life Store, 365-Days Booming Store, topqyq, Bamboo's Life Store, Lulur Grocery Store, YaYa SweetLife Store, Ali's House Store, New Lifestyle Store, Shopping in your Store, Shop5511035 Store, HAHAHA Lifestyle Store, Chomps-Elysees Store, Your life steward Store, Sparkling Tool Store, Daily Decorative Favors Store, FANHHUI Store, DSSJKKKE, Daily Life Market Store, Letern, House Improvement & Lighting Store, neicead730, TAM PHAM THI DAN, Best Tools Online Dropshipping Store, Twinkled House E-business CO.,Ltd Store, Pangpang Life Store, zhuobudong, IMemory Store, Buy Buy Buy Life Store Store, Lighting & Tools & House Improvement Store, Daily Commodies Store, Boutique house store Store, light up my house Store, EnjoyMy Life Store and Norns In Germany Co. |
| 1:2020cv02611 |
| April 29, 2020 |
| U.S. District Court for the Northern District of Illinois |
| John F Kness |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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| Document Text |
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| NEW PARTIES: FANHHUI Store, 365-Days Booming Store, Bamboo's Life Store, Best Tools Online Dropshipping Store, Boom shakalaka Store, Buy Buy Buy Life Store Store, Buy for Your Lifestyle Store, Cindy Homeware Store, Cutepet Store, Daily Life Market Store, EnjoyMy Life Store, HAHAHA Lifestyle Store, Happiness House Store, House Improvement & Lighting Store, HUIYU Factory Store, Inyasha HU Store, KingPet Market Store, Lighting & Tools & House Improvement Store, LOHAS Store, Lost in Mystylish Store, New Lifestyle Store, Pangpang Life Store, Purer Life Drop Shipping Store, Sparkling Tool Store, Sturdy Tool&Lighting Store, Twinkled House E-business CO.,Ltd Store, Yangmin Camping Store, YaYa SweetLife Store, Your life steward Store, 520 Houseware Store, AGA homeware Store, Ali's House Store, Boutique house store Store, Chomps-Elysees Store, Daily Commodies Store, Daily Decorative Favors Store, E-Tool&Life Store, Everyday Need Store, Festive & Party Store, hello2017 Store, House of happiness Store, HOUSE SHOP Store, IMemory Store, JQFF179 Store, light up my house Store, Lulur Grocery Store, My Lifestyle Store, NANQI Store, Nordstadt Store, Praise House Tool Store, QIU Store, SF Domestic Store, Shop5424210 Store, Shop5511035 Store, Shopping in your Store, Typemoon house Store, YAYa house supplies Store, ZeeYi Freelife Store, Coldcedar, DSSJKKKE, Eabr, GreensTion-S, Letern, Norns In Germany Co., OSQUARE, TAM PHAM THI DAN, topqyq, neicead730 and zhuobudong added to case caption. (Ziegler, Amy) |
| Filing 47 NOTICE of Voluntary Dismissal by Cocoon Innovations, LLC as to a Certain Defendant (Johnson, RiKaleigh) |
| Filing 46 PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 6/23/2020. Mailed notice(ef, ) |
| Filing 45 MINUTE entry before the Honorable John F. Kness: Plaintiff's renewed motion for a preliminary injunction #43 is granted. Plaintiff's filings satisfy the concerns that led the Court to deny Plaintiff's first motion for a preliminary injunction. Although the Court is not, for the reasons previously stated #42 , persuaded either that Plaintiff's understanding of the effect of General Order 20-0012 on the now-expired TRO is objectively correct, or that it was the Court's obligation sua sponte to remedy any confusion Plaintiff might have suffered concerning the duration of the TRO, Plaintiff's submissions establish that it has acted in good faith to protect its interests. In addition, the Court finds that Plaintiff has established, for purposes of this motion, that other entities have acted under a belief that the TRO remained in effect for longer than it did. This showing supports the Court's finding 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 #39 that it provided electronic notice to defendants of its motion for a preliminary injunction, but no appearance or objection has been filed on behalf of any defendant. Enter preliminary injunction order. The clerk shall unseal all sealed filings. 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. Mailed notice (ef, ) |
| Filing 44 MEMORANDUM by Cocoon Innovations, LLC in support of motion for preliminary injunction #43 (Attachments: #1 Declaration of Justin R. Gaudio (Supplemental), #2 Exhibit 1)(Gaudio, Justin) |
| Filing 43 MOTION by Plaintiff Cocoon Innovations, LLC for preliminary injunction (Renewed) (Gaudio, Justin) |
Filing 42
ORDER signed by the Honorable John F. Kness on 6/22/2020: Motion hearing held on June 22, 2020. For the reasons stated on the record as well as in the accompanying Statement, Plaintiff's motion #37 for a preliminary injunction is denied without prejudice to the filing of a renewed motion seeking preliminary injunctive relief. Plaintiff has leave to incorporate any previously-filed exhibits by reference. The Court will endeavor to rule promptly on any renewed motion. Mailed notice(ef, ) . Modified on 6/22/2020 (ef, ).
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| Filing 41 MINUTE entry before the Honorable John F. Kness: Telephonic Motion hearing set for 6/22/2020 at 10:55 AM. Counsel are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) |
| Filing 40 SUMMONS Returned Executed by Cocoon Innovations, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 6/16/2020, answer due 7/7/2020. (Attachments: #1 Declaration of Isaku Begert)(Begert, Isaku) |
| Filing 39 NOTICE by Cocoon Innovations, LLC re MOTION by Plaintiff Cocoon Innovations, LLC for preliminary injunction #37 (Gaudio, Justin) |
| Filing 38 MEMORANDUM by Cocoon Innovations, LLC in support of motion for preliminary injunction #37 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 37 MOTION by Plaintiff Cocoon Innovations, LLC for preliminary injunction (Gaudio, Justin) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A". (ng, ) |
| Filing 36 NOTICE of Voluntary Dismissal by Cocoon Innovations, LLC as to certain defendant (Johnson, RiKaleigh) |
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Filing 35
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket11, )
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| Filing 34 TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 5/8/2020. (td, ) Modified on 6/23/2020 (sxb, ). |
| Filing 33 MINUTE entry before the Honorable John F. Kness: Plaintiff's ex parte motion for a temporary restraining order #15 and motion for electronic service of process #20 are granted. For the purpose of these motions, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and 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 genuinely intends to 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 (ef, ) Docket Text Modified by Judicial Staff on 5/8/2020 (ef, ). |
| Filing 32 EXHIBIT by Plaintiff Cocoon Innovations, LLC Schedule A regarding amended complaint, #31 (Gaudio, Justin) Modified on 6/23/2020 (sxb, ). |
| Filing 31 Redacted Version of Sealed Amended Complaint #14 AMENDED complaint by Cocoon Innovations, LLC against The Partnerships and Unincorporated Associations Identified on Schedule "A" (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 30 ATTORNEY Appearance for Plaintiff Cocoon Innovations, LLC by Isaku Begert (Begert, Isaku) |
| Filing 29 ATTORNEY Appearance for Plaintiff Cocoon Innovations, LLC by RiKaleigh C. Johnson (Johnson, RiKaleigh) |
| Filing 28 ATTORNEY Appearance for Plaintiff Cocoon Innovations, LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 27 ATTORNEY Appearance for Plaintiff Cocoon Innovations, LLC by Justin R. Gaudio (Gaudio, Justin) |
| NEW PARTIES: Cocoon Innovations, LLC added to case caption. Terminating ABC Corporation (Gaudio, Justin) |
| Filing 26 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal #9 is granted in part and denied in part. 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. Conversely, there are no exceptional circumstances that would justify allowing plaintiff to conceal its own identity: Plaintiff's ex parte motion for preliminary injunctive relief will be adjudicated promptly, and the identity of the defendant entities will be placed under seal during the pendency of the ex parte proceedings. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the Court to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Accordingly, Plaintiff must file an amended complaint disclosing its name and asserted trademark. Subject to unsealing at an appropriate time, Plaintiff may for now file its Schedule A, ex parte motions, and other associated filings under seal. Mailed notice (ef, ) |
| Filing 25 DOCUMENT by Plaintiff ABC Corporation Notice of Claims Involving Trademarks (Gaudio, Justin) Modified on 6/23/2020 (sxb, ). |
| Filing 24 DOCUMENT by Plaintiff ABC Corporation Notification of Affiliates Pursuant to Local Rule 3.2 (Gaudio, Justin) Modified on 6/23/2020 (sxb, ). |
| Filing 23 NOTICE by ABC Corporation re SEALED MOTION by Plaintiff ABC Corporation for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #15 , MOTION by Plaintiff ABC Corporation for leave to file under seal #9 , SEALED MOTION by Plaintiff ABC Corporation for Electronic Process of Service Pursuant to Fed. R. Civ. P. 4(f)(3) #20 (Gaudio, Justin) |
| Filing 22 DOCUMENT by Plaintiff ABC Corporation Declaration of Justin R. Gaudio regarding #21 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) Modified on 6/23/2020 (sxb, ). |
| Filing 21 DOCUMENT by Plaintiff ABC Corporation Memorandum in Support of Motion (Gaudio, Justin) Modified on 6/23/2020 (sxb, ). |
| Filing 20 MOTION by Plaintiff ABC Corporation for Electronic Process of Service Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) Modified on 6/23/2020 (sxb, ). |
| Filing 19 EXHIBIT by Plaintiff ABC Corporation Exhibit 3 - Parts 1-4 regarding sealed document #18 (Attachments: #1 Exhibit 3-1, #2 Exhibit 3-2, #3 Exhibit 3-3, #4 Exhibit 3-4)(Gaudio, Justin) Modified on 6/23/2020 (sxb, ). |
| Filing 18 DOCUMENT by Plaintiff ABC Corporation Declaration of Plaintiff's Representative Regarding #16 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) Modified on 6/23/2020 (sxb, ). |
| Filing 17 DOCUMENT by Plaintiff ABC Corporation Declaration of Justin R. Gaudio regarding #16 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) Modified on 6/23/2020 (sxb, ). |
| Filing 16 DOCUMENT by Plaintiff ABC Corporation Memorandum in Support of Motion (Gaudio, Justin) Modified on 6/23/2020 (sxb, ). |
| Filing 15 MOTION by Plaintiff ABC Corporation for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) Modified on 6/23/2020 (sxb, ). |
| Filing 14 DOCUMENT by Plaintiff ABC Corporation Amended Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Schedule A)(Gaudio, Justin) Modified on 6/23/2020 (sxb, ). |
| Filing 12 MAILED trademark report to Patent Trademark Office, Alexandria, VA. (bg, ) |
| Filing 11 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (bg, ) |
| Filing 10 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. (bg, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (txl, ) |
| Filing 9 MOTION by Plaintiff ABC Corporation for leave to file under seal (Gaudio, Justin) |
| Filing 8 ATTORNEY Appearance for Plaintiff ABC Corporation by Isaku Begert (Begert, Isaku) |
| Filing 7 ATTORNEY Appearance for Plaintiff ABC Corporation by RiKaleigh C. Johnson (Johnson, RiKaleigh) |
| Filing 6 ATTORNEY Appearance for Plaintiff ABC Corporation by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 5 ATTORNEY Appearance for Plaintiff ABC Corporation by Justin R. Gaudio (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 EXHIBIT by Plaintiff ABC Corporation Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 6/23/2020 (sxb, ). |
| Filing 2 EXHIBIT by Plaintiff ABC Corporation Exhibit 1 regarding complaint #1 (Gaudio, Justin) Modified on 6/23/2020 (sxb, ). |
| Filing 1 COMPLAINT filed by ABC Corporation; Filing fee $ 400, receipt number 0752-16974818. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4)(Gaudio, Justin) |
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