Swarovski Aktiengesellschaft et al v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| ABC Corporation, DEF Corporation, Swarovski Aktiengesellschaft and Swarovski North America Limited |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", slyive1989, MencheBeauty Store, SMT-Watch Store, T400 JEWELERS, zuoquanxianwenjiangwujinjingxiaobu, Sakisa, buttonmefancy.com, World Watch Store, YU Jewellery Accessories Store, AINSKO, LOCHITA, PICKYZ YUZHE Store, finehomestays.com, Shop5676043 Store, TENGLAI, White wolf, Halife accessories, ZhiShengTOP, hangzhouchaoxinelectronicmakeupshop, lvliangshilishiquwanglimeiwujinrizadian, loftily_lawzg588-1, fengshangshanghang, JIE-Luxury goods Store, Shop5681028 Store, Rvivi Watch Store, OSP, Pan2017 store, YuXianYanFengBaiHuoChaoShi, cyberday Official Store, Amzdai, ZY BOUTIQUE Store, mekealoha-miki.com, completetinting.com, fatherlove88, XINNA, Asvivlld, jwhalenphotography.com, shenbing shop, Mystart, almasmobile.com, Taiyuanludingshengdianzishangwuyouxiangongsi, FGHOME, kefa, 1000000$ Store, Wuhuiwen, MEETSOFT Store, O-YoWei Store, cristal-swarovski.com, Anzona, Shop1260736 Store, ShenZhen Louis-Jewelry Co,.Ltd Store, goodwoodhomedesigns.com, ZHANGHUIPENGDEDIAN, Dicai Jewellery Store, Heyuni., Pamela silver Store, proscene-ales.com, Feelontop, onlineborse.net, Shop5550008 Store, Shop5614325 Store, gems-art, miaoying281, poppylove8, orky7491, BOA ESPERANCA, Chengukeji, peony ornament shop, PEACEXXX Store, PAYONMY, aysandugunsarayi.com, FQ Store, PPSTAR, The Six Co, Libaraba, china qin, Mountaineering bag, Car Global Store, HAIMIS Official Store, JingYunXX, adidasifemei.com, RT-Earth Store, QW Store, pfclones.com, Aplend car Store, Shop5381196 Store, Colorful sexy, Oween shop, Yan Rongf, L Lieu, Bijoux de Ja, XY Trendy Jewelries Store, linxianyuyudianzishangwuyouxiangongsi, The Tipsy Hanger, Shop5783181 Store, Shop5604351 Store, xiaobaoben, ApecKingField, Amhtao jewelry, Bold Home Products, zhangmeiren, Shanguanji, loftily881-luo1, LOSOUL, Best Life USA, ZhiMu 007 Jewely Store, Jasmine70 and Shop5795028 Store |
| 1:2020cv02630 |
| April 30, 2020 |
| US 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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| Filing 48 NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to certain defendants (Martin, Allyson) |
| NEW PARTIES: onlineborse.net, cristal-swarovski.com, buttonmefancy.com, jwhalenphotography.com, adidasifemei.com, almasmobile.com, aysandugunsarayi.com, proscene-ales.com, mekealoha-miki.com, pfclones.com, goodwoodhomedesigns.com, finehomestays.com, completetinting.com, 1000000, Dicai Jewellery Store, HAIMIS Official Store, PEACEXXX Store, Aplend car Store, Car Global Store, cyberday Official Store, FQ Store, JIE-Luxury goods Store, MEETSOFT Store, MencheBeauty Store, O-YoWei Store, Pame la silver Store, PICKYZ YUZHE Store, QW Store, RT-Earth Store, Rvivi Watch Store, ShenZhen Louis-Jewelry Co,.Ltd Store, Shop1260736 Store, Shop5381196 Store, Shop5550008 Store, Shop5604351 Store, Shop5614325 Store, Shop5676043 Store, Shop5681028 Store, Shop5783181 Store, Shop5795028 Store, SMT-Watch Store, World Watch Store, XY Trendy Jewelries Store, YU Jewellery Accessories Store, ZhiMu 007 Jewely Store, ZY BOUTIQUE Store, AINSKO, Amzdai, Anzona, ApecKingField, Asvivlld, Best Life USA, Bijoux de Ja, BOA ESPERANCA, Bold Home Products, Chengukeji, Colorful sexy, Feelontop, fengshangshanghang, FGHOME, Heyuni., JingYunXX, kefa, L Lieu, Libaraba, linxianyuyudianzishangwuyouxiangongsi, LOCHITA, LOSOUL, lvliangshilishiquwanglimeiwujinrizadian, Mountaineering bag, Mystart, PAYONMY, PPSTAR, Sakisa, T400 JEWELERS, Taiyuanludingshengdianzishangwuyouxiangongsi, TENGLAI, White wolf, Wuhuiwen, XINNA, YuXianYanFengBaiHuoChaoShi, ZHANGHUIPENGDEDIAN, zhangmeiren, ZhiShengTOP, zuoquanxianwenjiangwujinjingxiaobu, fatherlove88, gems-art, loftily_lawzg588-1, loftily881-luo1, orky7491, poppylove8, Amhtao jewelry, china qin, Halife accessories, hangzhouchaoxinelectronicmakeupshop, Jasmine70, miaoying281, OSP, Oween shop, Pan2017 store, peony ornament shop, Shanguanji, shenbing shop, slyive1989, The Six Co, The Tipsy Hanger, xiaobaoben and Yan Rongf added to case caption. (Ziegler, Amy) |
| Filing 47 PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 6/23/2020. Mailed notice(ef, ) |
| Filing 46 MINUTE entry before the Honorable John F. Kness: Plaintiffs' renewed motion for a preliminary injunction #43 is granted. Plaintiffs' filings satisfy the concerns that led the Court to deny Plaintiffs' first motion for a preliminary injunction. Although the Court is not, for the reasons previously stated #45 , persuaded either that Plaintiffs' 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 Plaintiffs might have suffered concerning the duration of the TRO, Plaintiffs' submissions establish that they have acted in good faith to protect their interests. In addition, the Court finds that Plaintiffs have 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 Plaintiffs' filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiffs have satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiffs and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiffs have also certified #40 that they provided electronic notice to defendants of their 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. Plaintiffs' 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 45
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, Plaintiffs' motion #38 for a preliminary injunction is denied without prejudice to the filing of a renewed motion seeking preliminary injunctive relief. Plaintiffs have leave to incorporate any previously-filed exhibits by reference. The Court will endeavor to rule promptly on any renewed motion. Mailed notice(ef, )
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| Filing 44 MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited in support of motion for preliminary injunction #43 (Attachments: #1 Declaration Justin R. Gaudio (Supplemental), #2 Exhibit 1)(Gaudio, Justin) |
| Filing 43 MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for preliminary injunction (Renewed) (Gaudio, Justin) |
| Filing 42 MINUTE entry before the Honorable John F. Kness: Telephonic Motion hearing set for 6/22/2020 at 11:15 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 41 SUMMONS Returned Executed by Swarovski North America Limited, Swarovski Aktiengesellschaft as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 6/17/2020, answer due 7/8/2020. (Attachments: #1 Declaration of Isaku Begert)(Begert, Isaku) |
| Filing 40 NOTICE by Swarovski Aktiengesellschaft, Swarovski North America Limited re MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for preliminary injunction #38 (Gaudio, Justin) |
| Filing 39 MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited in support of motion for preliminary injunction #38 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 38 MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for preliminary injunction (Gaudio, Justin) |
| Filing 37 NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to certain defendants (Martin, Allyson) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A". (ng, ) |
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Filing 36
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 35 SEALED TEMPORARY Restraining Order: Signed by the Honorable John F. Kness on 5/11/2020. (tg, ) |
| Filing 34 MINUTE entry before the Honorable John F. Kness: Plaintiffs' ex parte motion for a temporary restraining order #12 and motion for electronic service of process #18 are granted. For the purpose of these motions, Plaintiffs' 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 Plaintiffs' interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiffs shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to Plaintiffs 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 Plaintiffs assert as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiffs have provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. The domain name transfer is appropriate to prevent infringing conduct. 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, ) |
| Filing 33 SEALED EXHIBIT by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited Schedule A regarding amended complaint, #32 (Gaudio, Justin) |
| Filing 32 Redacted Version of Sealed Amended Complaint #11 AMENDED complaint by Swarovski North America Limited, Swarovski Aktiengesellschaft 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 31 ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Isaku Begert (Begert, Isaku) |
| Filing 30 ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Allyson M. Martin (Martin, Allyson) |
| Filing 29 ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 28 ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Justin R. Gaudio (Gaudio, Justin) |
| NEW PARTIES: Swarovski Aktiengesellschaft and Swarovski North America Limited added to case caption. Terminating ABC Corporation and DEF Corporation (Gaudio, Justin) |
| Filing 27 MINUTE entry before the Honorable John F. Kness: Plaintiffs' motion for leave to file under seal #9 is granted in part and denied in part. Plaintiffs' 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 plaintiffs to conceal their own identities: Plaintiffs' 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 Plaintiffs' legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the Court to deny Plaintiffs' request to conceal their 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, Plaintiffs must file an amended complaint disclosing their names and asserted trademark(s). Subject to unsealing at an appropriate time, Plaintiffs may for now file their Schedule A, ex parte motions, and other associated filings under seal. Mailed notice (ef, ) |
| Filing 26 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (aee, ) |
| Filing 25 MAILED trademark report to Patent Trademark Office, Alexandria VA. (aee, ) |
| Filing 24 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 23 NOTICE by ABC Corporation, DEF Corporation re SEALED MOTION by Plaintiffs ABC Corporation, DEF Corporation for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery #12 , MOTION by Plaintiffs ABC Corporation, DEF Corporation for leave to file under seal #9 , SEALED MOTION by Plaintiffs ABC Corporation, DEF Corporation for Electronic Process of Service Pursuant to Fed. R. Civ. P. 4(f)(3) #18 (Gaudio, Justin) |
| Filing 22 SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Notice of Claims Involving Trademarks (Gaudio, Justin) |
| Filing 21 SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Notification of Affiliates Pursuant to Local Rule 3.2 (Gaudio, Justin) |
| Filing 20 SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Declaration of Justin R. Gaudio regarding #19 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 19 SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Memorandum in Support of Motion (Gaudio, Justin) |
| Filing 18 SEALED MOTION by Plaintiffs ABC Corporation, DEF Corporation for Electronic Process of Service Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 SEALED EXHIBIT by Plaintiffs ABC Corporation, DEF Corporation Exhibit 4 regarding sealed document #15 (Gaudio, Justin) |
| Filing 16 SEALED EXHIBIT by Plaintiffs ABC Corporation, DEF Corporation Exhibit 3 - Parts 1-5 regarding sealed document #15 (Attachments: #1 Exhibit 3-1, #2 Exhibit 3-2, #3 Exhibit 3-3, #4 Exhibit 3-4, #5 Exhibit 3-5)(Gaudio, Justin) |
| Filing 15 SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Declaration of Plaintiff's Representative Regarding #13 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 14 SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Declaration of Justin R. Gaudio regarding #13 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 13 SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Memorandum in Support of Motion (Gaudio, Justin) |
| Filing 12 SEALED MOTION by Plaintiffs ABC Corporation, DEF Corporation for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 11 SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Amended Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Schedule A)(Gaudio, Justin) |
| Filing 9 MOTION by Plaintiffs ABC Corporation, DEF Corporation for leave to file under seal (Gaudio, Justin) |
| Filing 8 ATTORNEY Appearance for Plaintiffs ABC Corporation, DEF Corporation by Isaku Begert (Begert, Isaku) |
| Filing 7 ATTORNEY Appearance for Plaintiffs ABC Corporation, DEF Corporation by Allyson M. Martin (Martin, Allyson) |
| Filing 6 ATTORNEY Appearance for Plaintiffs ABC Corporation, DEF Corporation by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 5 ATTORNEY Appearance for Plaintiffs ABC Corporation, DEF Corporation by Justin R. Gaudio (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 SEALED EXHIBIT by Plaintiffs ABC Corporation, DEF Corporation Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiffs ABC Corporation, DEF Corporation Exhibit 1 regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by ABC Corporation, DEF Corporation; Filing fee $ 400, receipt number 0752-16976894. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (txl, ) |
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Filing 10
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice (ec, )
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