John Doe v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| John Doe |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, 67. Funny Romper Store, 50. AMGfun Store, 53. BlueTenma CartoonToy Store, 51. BlueTenma FashionToy Store, 61. BlueTenma SuperModel Store and 52. Amandafunnyzone Store |
| 1:2020cv03472 |
| June 15, 2020 |
| U.S. District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 44 |
| Both |
Docket Report
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This docket was last retrieved on August 12, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 45 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 08/12/2020. Emailed notice (mw, ) |
| Filing 44 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion for preliminary injunction #41 is granted in large part (the only exception is the expansion of the deadlines by which non-parties must take various steps). The facts that justified the issuance of the TRO still apply. The status hearing of 08/14/2020 is reset to 09/18/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, by 09/10/2020, the Plaintiff shall file a motion for default judgment in a sum certain against any Defendants that are in default, and otherwise file a status report on non-defaulted Defendants. Emailed notice (mw, ) |
| Filing 43 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #41 (Hierl, Michael) |
| Filing 42 MEMORANDUM by John Doe in support of motion for preliminary injunction #41 Memorandum of Law in Support of Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| Filing 41 MOTION by Plaintiff John Doe for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| Filing 40 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion to extend the TRO #39 is granted through 08/12/2020, in light of the same circumstances that justifies issuance of the initial TRO and the need to effectuate the initial TRO without notifying the Defendants. On joinder, the similarity in the six Defendants' names, photos, and wording of the product descriptions justify the joinder in this case. The status hearing of 07/31/2020 is reset to 08/14/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a motion for preliminary injunction by 08/07/2020. Emailed notice (mw, ) |
| Filing 39 MOTION by Plaintiff John Doe for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order and Memorandum in Support of Joinder (Hierl, Michael) |
| Filing 38 REDACTED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 07/15/2020. Emailed notice (mw, ) |
| Filing 37 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 07/15/2020. Emailed notice (mw, ) |
| Filing 36 MINUTE entry before the Honorable Edmond E. Chang: On review of the TRO filings and the Second Amended Complaint, Plaintiff's motion for temporary restraining order #11 , expedited discovery, and electronic service is granted in large part (a few of the turn-around times for non-parties are lengthened). An order will be entered under seal separately. 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. Plaintiff's motion #7 for leave to file under seal and motion #10 for extra pages are granted. By 07/22/2020, Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Schedule A, and for now redacting Plaintiff's name). Status hearing of 07/24/2020 is reset to 07/31/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, Plaintiff shall the TRO extension motion (or a preliminary injunction motion) on 07/24/2020. In the extension motion, Plaintiff shall explain how this set of Defendants meets the joinder requirement. Emailed notice (mw, ) |
| Filing 35 Plaintiff's Second Amended Complaint AMENDED complaint by John Doe against 50. AMGfun Store, 51. BlueTenma FashionToy Store, 52. Amandafunnyzone Store, 53. BlueTenma CartoonToy Store, 61. BlueTenma SuperModel Store, 67. Funny Romper Store (Attachments: #1 Exhibit Group Exhibit 1, #2 Exhibit 2, #3 Amended Schedule A)(Hierl, Michael) |
Filing 34
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk10, Docket)
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| Filing 33 MINUTE entry before the Honorable Edmond E. Chang: This case was filed against 256 defendants for infringing the same set of trademarks. But joinder as to all of those defendants is not proper when measured against the standard set in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). On review of the exhibits, it does not appear that Plaintiff picked Defendants for joinder based on that standard. Plaintiff shall file an amended complaint by 07/13/2020, to comply with the opinion. If properly narrowed, then there will be no need to refile the other pending motions; the Court will construe those as targeting the remaining defendant (or defendants). To track the filing of the amended complaint, a status hearing is set for 07/24/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 32 MAILED Copyright Request Letter to Plaintiff's counsel Michael A. Hierl. (ec, ) |
| Filing 31 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (ec, ) |
| Filing 30 MAILED trademark report to Patent Trademark Office, Alexandria VA (ec, ) |
| Filing 29 SEALED DOCUMENT by Plaintiff John Doe Notice of Claims Involving Trademarks (Hierl, Michael) |
| Filing 28 SEALED DOCUMENT by Plaintiff John Doe Exhibit 4 Part 16 of Takayoshi Declaration (Hierl, Michael) |
| Filing 27 SEALED DOCUMENT by Plaintiff John Doe Exhibit 4 Part 15 of Takayoshi Declaration (Hierl, Michael) |
| Filing 26 SEALED DOCUMENT by Plaintiff John Doe Exhibit 4 Part 14 of Takayoshi Declaration (Hierl, Michael) |
| Filing 25 SEALED DOCUMENT by Plaintiff John Doe Exhibit 4 Part 13 of Takayoshi Declaration (Hierl, Michael) |
| Filing 24 SEALED DOCUMENT by Plaintiff John Doe Exhibit 4 Part 12 of Takayoshi Declaration (Hierl, Michael) |
| Filing 23 SEALED DOCUMENT by Plaintiff John Doe Exhibit 4 Part 11 of Takayoshi Declaration (Hierl, Michael) |
| Filing 22 SEALED DOCUMENT by Plaintiff John Doe Exhibit 4 Part 10 of Takayoshi Declaration (Hierl, Michael) |
| Filing 21 SEALED DOCUMENT by Plaintiff John Doe Exhibit 4 Part 9 of Takayoshi Declaration (Hierl, Michael) |
| Filing 20 SEALED DOCUMENT by Plaintiff John Doe Exhibit 4 Part 8 of Takayoshi Declaration (Hierl, Michael) |
| Filing 19 SEALED DOCUMENT by Plaintiff John Doe Exhibit 4 Part 7 of Takayoshi Declaration (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff John Doe Exhibit 4 Part 6 of Takayoshi Declaration (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff John Doe Exhibit 4 Part 5 of Takayoshi Declaration (Hierl, Michael) |
| Filing 16 SEALED DOCUMENT by Plaintiff John Doe Exhibit 4 Part 4 of Takayoshi Declaration (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff John Doe Exhibit 4 Part 3 of Takayoshi Declaration (Hierl, Michael) |
| Filing 14 SEALED DOCUMENT by Plaintiff John Doe Exhibit 4 Part 2 of Takayoshi Declaration (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff John Doe Exhibit 4 Part 1 of Takayoshi Declaration (Hierl, Michael) |
| Filing 12 SEALED DOCUMENT by Plaintiff John Doe Memorandum in Support of Plaintiff's of Motion for a Temporary Restraining Order (Attachments: #1 Declaration Takayoshi Declaration, #2 Exhibit 1-3, #3 Declaration Hierl Declaration, #4 Exhibit Hierl Exhibit 1, #5 Exhibit Hierl Exhibit 2, #6 Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Filing 11 SEALED MOTION by Plaintiff John Doe Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication, MOTION by Plaintiff John Doe for temporary restraining order (Hierl, Michael) |
| Filing 10 SEALED MOTION by Plaintiff John Doe Plaintiff's Motion to Exceed Page Limitation, MOTION by Plaintiff John Doe for leave to file excess pages (Hierl, Michael) |
| Filing 9 SEALED DOCUMENT by Plaintiff John Doe Amended Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit Schedule A)(Hierl, Michael) |
| Filing 8 SEALED DOCUMENT by Plaintiff John Doe Sealed Schedule A (Hierl, Michael) |
| Filing 7 MOTION by Plaintiff John Doe to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 6 ATTORNEY Appearance for Plaintiff John Doe by William Benjamin Kalbac (Kalbac, William) |
| Filing 5 ATTORNEY Appearance for Plaintiff John Doe by Michael A. Hierl (Hierl, Michael) |
| Filing 4 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 3 SEALED DOCUMENT by Plaintiff John Doe Exhibit 2 (Hierl, Michael) |
| Filing 2 SEALED DOCUMENT by Plaintiff John Doe Group Exhibit 1 (Hierl, Michael) |
| Filing 1 COMPLAINT filed by John Doe; Jury Demand. Filing fee $ 400, receipt number 0752-17106867.(Hierl, Michael) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (exr, ) |
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