Volkswagen Group of America, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
Plaintiff: Volkswagen Group of America, Inc. and ABC Corporation
Defendant: The Partnerships and Unincorporated Associations Identified on Schedule "A"
Case Number: 1:2020cv03128
Filed: May 27, 2020
Court: US District Court for the Northern District of Illinois
Presiding Judge: John F Kness
Nature of Suit: Trademark
Cause of Action: 15:1125
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 29, 2020 NEW PARTIES: Aukur-US, BearFire Outdoor, CARPAPA, Dajili, FEISIQI-BEST DEAL, FLYEEGO, JiangJing, JSAMZ, Klinee-Auto, Linda L Shop, MODIPIM, pirol zheng, RISHENG KEJI, sholer, xinyubaozhuangzhipin, ZOORG, 15oceaneshop, aaaaabeauty, aisling327, carfriends-911, carptahauto, cold_white, colorfulworldprinting, cpautoparts2, cx_fowzcf, das-mart, dreamhigh2018, dreamhouseye91, eb2999, ebuying005, ebuying066, effortagain, engraver-cutter-solution, fashionhappystore, hopebean2007, jian-6865, jiuqiong-1991, jump-starter-factory, lacey066, lihua6418, lihuaau_22, log2trade, maisizhineng01, qingyud-23, rain1903, ranyue1885, vaoo5731, vipzone2013, xie4929, yasudy, yuting12959, aAlaska, AgileDragon, AnAnhoneystore, Auto Parts, Auto world, CAOXINGQIAN43, Chasedreamtradeltd, chenshuyun1965, chenting550661, Chop the hand, Cool Science, dorashow, equinox, ExcellentGoods, Fationshop, Feng Ma Trade Co. LTD, Foresee Network, GoodFound, guangzhouajun, J&M House, jewelsclub, jytp, Kinghall Technoligy, ldfgihj, lidewang, Litie, llhmykj, LT co., LTD., Lucky year, LUGKY, Meet_666, mishiyingbindengshangxing, MODA1, Nick-lin store, niuniu, Numero, OhSRCool, OutletCountry, pinzhishangchang, qiqi11365, RAINCITY, REALLYSHOP, Sawlong, shen qin, Shenzhen Mercury E-Commerce Co., Ltd, SYXL888, wallyshop, wangdongxu, wozhanghui, xiangyiqiu, Xihuanlike, xingjing51413, XY Electronics Store, Y&W Happy Store, Yun Science, zhanghaiqin8625, zhanglanfang, zhizhi beauty, zhuyeye and zyl5211314 added to case caption. (Ziegler, Amy)
June 25, 2020 Filing 44 PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 6/25/2020. Mailed notice(ef, )
June 25, 2020 Filing 43 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction #39 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and 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 and established #41 , #42 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, )
June 23, 2020 Filing 42 SUMMONS Returned Executed by Volkswagen Group of America, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 6/23/2020, answer due 7/14/2020. (Attachments: #1 Declaration of Thomas J. Juettner)(Juettner, Thomas)
June 23, 2020 Filing 41 NOTICE by Volkswagen Group of America, Inc. re MOTION by Plaintiff Volkswagen Group of America, Inc. for preliminary injunction #39 (Gaudio, Justin)
June 23, 2020 Filing 40 MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for preliminary injunction #39 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin)
June 23, 2020 Filing 39 MOTION by Plaintiff Volkswagen Group of America, Inc. for preliminary injunction (Gaudio, Justin)
June 23, 2020 Filing 38 NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to a Certain Defendant (Gaudio, Justin)
June 12, 2020 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A". (ng, )
June 11, 2020 Filing 37 EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/11/2020. Mailed notice(ef, )
June 11, 2020 Filing 36 MINUTE entry before the Honorable John F. Kness: Plaintiff's Ex Parte Motion for Extension of Time of Temporary Restraining Order #33 is granted. Enter order. Mailed notice (ef, )
June 9, 2020 Filing 35 NOTICE by Volkswagen Group of America, Inc. re MOTION by Plaintiff Volkswagen Group of America, Inc. for extension of time of Temporary Restraining Order (Ex Parte) #33 (Gaudio, Justin)
June 9, 2020 Filing 34 MEMORANDUM by Volkswagen Group of America, Inc. in support of extension of time #33 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin)
June 9, 2020 Filing 33 MOTION by Plaintiff Volkswagen Group of America, Inc. for extension of time of Temporary Restraining Order (Ex Parte) (Gaudio, Justin)
May 29, 2020 Filing 32 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 5/29/2020. (td, )
May 29, 2020 Filing 31 MINUTE entry before the Honorable John F. Kness: Plaintiff's ex parte motion for a temporary restraining order #17 and motion for electronic service of process #22 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, )
May 29, 2020 Filing 30 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. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file the following documents entirely under seal: Exhibit 1 to the Complaint #2 ; Schedule A attached to the Complaint and Amended Complaint #3 #16 ; Plaintiff's Motion for Entry of a Temporary Restraining Order and associated filings #17 #18 #19 #20 #21 ; and Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3), and associated filings #22 #23 #24 . 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 this protection of 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 and that of its asserted trademarks, 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 may only file under seal a redacted version of the Amended Complaint that discloses its name and asserted trademarks. For the same reasons, that portion of the motion to file under seal relating to Plaintiff's Notification of Affiliates #26 and Plaintiff's Notice of Claims Involving Trademarks #27 is denied. Mailed notice (ef, )
May 28, 2020 Filing 29 MAILED Trademark report to Patent Trademark Office, Alexandria VA (Attachments: #1 (List of Trademarks)) (ph, )
May 28, 2020 Filing 28 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. (ph, )
May 27, 2020 Filing 27 Notice of Claims Involving Trademarks by Volkswagen Group of America, Inc. (Gaudio, Justin)
May 27, 2020 Filing 26 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Volkswagen Group of America, Inc. (Gaudio, Justin)
May 27, 2020 Filing 25 NOTICE by Volkswagen Group of America, Inc. re MOTION by Plaintiff Volkswagen Group of America, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #17 , MOTION by Plaintiff Volkswagen Group of America, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #22 , MOTION by Plaintiff ABC Corporation for leave to file under seal #9 (Gaudio, Justin)
May 27, 2020 Filing 24 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #23 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin)
May 27, 2020 Filing 23 MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for miscellaneous relief #22 (Gaudio, Justin)
May 27, 2020 Filing 22 MOTION by Plaintiff Volkswagen Group of America, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin)
May 27, 2020 Filing 21 SEALED EXHIBIT by Plaintiff Volkswagen Group of America, Inc. Exhibit 3 - Parts 1-7 regarding declaration #20 (Attachments: #1 Exhibit 3-1, #2 Exhibit 3-2, #3 Exhibit 3-3, #4 Exhibit 3-4, #5 Exhibit 3-5, #6 Exhibit 3-6, #7 Exhibit 3-7)(Gaudio, Justin)
May 27, 2020 Filing 20 DECLARATION of Dana A. Cizmadia regarding memorandum in support of motion #18 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin)
May 27, 2020 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)
May 27, 2020 Filing 18 MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for temporary restraining order #17 (Gaudio, Justin)
May 27, 2020 Filing 17 MOTION by Plaintiff Volkswagen Group of America, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin)
May 27, 2020 Filing 16 SEALED EXHIBIT by Plaintiff Volkswagen Group of America, Inc. Schedule A regarding amended complaint, #15 (Gaudio, Justin)
May 27, 2020 Filing 15 AMENDED complaint by Volkswagen Group of America, Inc. 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)
May 27, 2020 Filing 14 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Thomas Joseph Juettner (Juettner, Thomas)
May 27, 2020 Filing 13 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Allyson M. Martin (Martin, Allyson)
May 27, 2020 Filing 12 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Amy Crout Ziegler (Ziegler, Amy)
May 27, 2020 Filing 11 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Justin R. Gaudio (Gaudio, Justin)
May 27, 2020 NEW PARTIES: Volkswagen Group of America, Inc. added to case caption. Terminating ABC Corporation (Gaudio, Justin)
May 27, 2020 CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (acm, )
May 27, 2020 Filing 9 MOTION by Plaintiff ABC Corporation for leave to file under seal (Gaudio, Justin)
May 27, 2020 Filing 8 ATTORNEY Appearance for Plaintiff ABC Corporation by Thomas Joseph Juettner (Juettner, Thomas)
May 27, 2020 Filing 7 ATTORNEY Appearance for Plaintiff ABC Corporation by Allyson M. Martin (Martin, Allyson)
May 27, 2020 Filing 6 ATTORNEY Appearance for Plaintiff ABC Corporation by Amy Crout Ziegler (Ziegler, Amy)
May 27, 2020 Filing 5 ATTORNEY Appearance for Plaintiff ABC Corporation by Justin R. Gaudio (Gaudio, Justin)
May 27, 2020 Filing 4 CIVIL Cover Sheet (Gaudio, Justin)
May 27, 2020 Filing 3 SEALED EXHIBIT by Plaintiff ABC Corporation Schedule A regarding complaint #1 (Gaudio, Justin)
May 27, 2020 Filing 2 SEALED EXHIBIT by Plaintiff ABC Corporation Exhibit 1 regarding complaint #1 (Gaudio, Justin)
May 27, 2020 Filing 1 COMPLAINT filed by ABC Corporation; Filing fee $ 400, receipt number 0752-17057495. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4)(Gaudio, Justin)
May 26, 2020 Opinion or Order Filing 10 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 (ec, )

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Defendant: The Partnerships and Unincorporated Associations Identified on Schedule "A"
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Plaintiff: Volkswagen Group of America, Inc.
Represented By: Allyson M. Martin
Represented By: Justin R. Gaudio
Represented By: Amy Crout Ziegler
Represented By: Thomas Joseph Juettner
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Plaintiff: ABC Corporation
Represented By: Allyson M. Martin
Represented By: Amy Crout Ziegler
Represented By: Justin R. Gaudio
Represented By: Thomas Joseph Juettner
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