Estee Lauder Cosmetic Ltd. et al. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| ABC Corporation, DEF Corporation, Estee Lauder Cosmetic Ltd. and Make-Up Art Cosmetics Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", buhao, Sun Flower1025, Codomaster Store, zhaojing017, 4992207-YANG Store, prettywomen, Huyoyo Store, Chao Xiu mobile phone shell shop, xiamenshuxinfushi8, ShenZhen five Store, YWSPORT, DAYFULI Magical Store, huang810415, niveg, Love Beauty Life Store, You Yong Store, nanjinglizhuozichanguanliyouxiangongsi, A Women Daily Store, Shop5040262 Store, VEEK Esthetic Salon Store, Make you a beautiful world, 001 Beautiful Woman Store, HLLIGHT, Shop5077337 Store, Magical Moment Store, Minl makeups Store, VERUCA'S Makeup Store, CoolLadies Store, Buy_Easy, Ai Makeup Store, Anstruther, TRENDY GIRL Store, mdjs8f Store, Yajie Store, A Global Makeup Store, Azerion Boutique Store, JasonShop Store, Chinese quality Store, jewelry-panbeads, Personality Commodity Store, Shop5716072 Store, cheers_us, nicetomeetyou20, rxhjessica, Outdoor Lifes Store, Umbrella Makeup Store, Shop5084074 Store, Celina's Love Store, Shop5042169 Store, fashion-space7, May A May Store, nice-seller77, Shop3180011 Store, Fashion Garment Wholesale, youknowit, acemotor2015, tianyi58, PLSELF Store, yanyan2017, Shop5067173 Store, Abigale7, lishp, xinshijuefushi, Fantasy Protagonist Store, beautybeauty Store, Shop5081095 Store, Beautiful YYP Store, Shop5062283 Store, SHOPYJHZP Store, Co-co 859 Store, fafayou, eridu830, bluehouses, Shop5030013 Store, Beautiful Voice Makeup Store, Sexy brief Store, hailinzhu, Shop5020084 Store, Trendy World Store, Shop3622096 Store, bacardi, Your Dreamy Makeup Store, better-shop777, Shop4988135 Store, Na-tural Beauties Store, Beautiful Life Diary Store, Hermos Findings Store, Lakely, pecos580, CCBC, Nightingale ShoppingMall Store, Shop4998250 Store, Shop5039270 Store, Makeup Life Store, LeGee, Run Beauty house, Junior Shop Store, Makeup Wonderland Drop Shipping Store, Shop5068311 Store, GlamourJ Store, Metamorphosis. Store, 2018hezhaoxinfeng1, VIPP, Shop5051314 Store, Dreamlikeer Store, Shop4600016 Store, wytfdl Store, MSSugar Muswanna Store, bestqualityforever2, Q&X Make up Store, Shouhengda, Enhanced Beauty Shop, 66 MAKEUP PRODUCTS Store, Prtty Girl Store, bead-007, ShenZhen Foonbe Cosmetic Co.,Ltd. Store, chenshengyi1114, Shop4969086 Store, Sinoco Intrernatinal, huangyudianpu, Shop5058041 Store, Ms. Bearose Store, godess, qiaogeli_store, sungift and HG New Makeup Store |
| 1:2020cv03738 |
| June 25, 2020 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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| NEW PARTIES: Chinese quality Store, Ai Makeup Store, Makeup Wonderland Drop Shipping Store, 4992207-YANG Store, Beautiful Life Diary Store, Beautiful Voice Makeup Store, Co-co 859 Store, Huyoyo Store, JasonShop Store, Love Beauty Life Store, Magical Moment Store, Makeup Life Store, Minl makeups Store, Ms. Bearose Store, MSSugar Muswanna Store, PLSELF Store, Q&X Make up Store, Run Beauty house, Sexy brief Store, ShenZhen five Store, ShenZhen Foonbe Cosmetic Co.,Ltd. Store, Shop3180011 Store, Shop4600016 Store, Shop4988135 Store, Shop4998250 Store, Shop5068311 Store, Shop5081095 Store, Shop5084074 Store, TRENDY GIRL Store, VEEK Esthetic Salon Store, 001 Beautiful Woman Store, 66 MAKEUP PRODUCTS Store, A Global Makeup Store, A Women Daily Store, Azerion Boutique Store, Beautiful YYP Store, beautybeauty Store, Celina's Love Store, Codomaster Store, CoolLadies Store, DAYFULI Magical Store, Dreamlikeer Store, Fantasy Protagonist Store, GlamourJ Store, Hermos Findings Store, HG New Makeup Store, Junior Shop Store, May A May Store, mdjs8f Store, Metamorphosis. Store, Na-tural Beauties Store, Nightingale ShoppingMall Store, Outdoor Lifes Store, Prtty Girl Store, Shop3622096 Store, Shop4969086 Store, Shop5020084 Store, Shop5030013 Store, Shop5039270 Store, Shop5040262 Store, Shop5042169 Store, Shop5051314 Store, Shop5058041 Store, Shop5062283 Store, Shop5067173 Store, Shop5077337 Store, Shop5716072 Store, SHOPYJHZP Store, Trendy World Store, Umbrella Makeup Store, VERUCA'S Makeup Store, wytfdl Store, Yajie Store, Your Dreamy Makeup Store, Shouhengda, 2018hezhaoxinfeng1, bead-007, better-shop777, fashion-space7, huang810415, nice-seller77, niveg, sungift, acemotor2015, cheers_us, jewelry-panbeads, nicetomeetyou20, xiamenshuxinfushi8, Abigale7, Anstruther, bacardi, bestqualityforever2, bluehouses, buhao, Buy_Easy, CCBC, Chao Xiu mobile phone shell shop, chenshengyi1114, eridu830, fafayou, Fashion Garment Wholesale, godess, hailinzhu, HLLIGHT, huangyudianpu, Lakely, LeGee, lishp, Make you a beautiful world, nanjinglizhuozichanguanliyouxiangongsi, pecos580, Personality Commodity Store, prettywomen, qiaogeli_store, rxhjessica, Sinoco Intrernatinal, Sun Flower1025, tianyi58, VIPP, xinshijuefushi, yanyan2017, You Yong Store, youknowit, YWSPORT and zhaojing017 added to case caption. (Ziegler, Amy) |
| Filing 48 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 8/14/2020. Mailed notice. (jjr, ) |
| Filing 47 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for preliminary injunction (Dckt. No. #45 ) is granted in part and denied in part. The Court issues a preliminary injunction, but does not grant the request for expedited discovery from third parties. Paragraph three of the proposed order required third parties such as eBay, Amazon.com, and Wish.com to respond to expedited discovery within 10 days. It is not clear why Plaintiff needs expedited discovery at this point, given that the Court is entering a preliminary injunction order. Also, Plaintiff's motion for a preliminary injunction did not mention, let alone support, the request for expedited discovery. Plaintiff gave this Court no reason to require third parties to respond in an expedited fashion, and without hearing a reason for the request, the request is denied. Preliminary injunction order to follow. Mailed notice. (jjr, ) |
| Filing 46 MEMORANDUM by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. in support of motion for preliminary injunction,, extension of time, #45 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 45 MOTION by Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. for preliminary injunction , MOTION by Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Filing 44 SUMMONS Returned Executed by Make-Up Art Cosmetics Inc., Estee Lauder Cosmetic Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 8/11/2020, answer due 9/1/2020. (Attachments: #1 Declaration of Abby M. Nue)(Neu, Abby) |
| Filing 43 NOTICE of Voluntary Dismissal by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. as to certain defendant (Martin, Allyson) |
| Filing 42 Unsealed Temporary Restraining Order by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. (Gaudio, Justin) |
| Filing 41 Unsealed Version of Plaintiffs' Notice of Claims Involving Trademarks #20 by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. (Gaudio, Justin) |
| Filing 40 Unsealed Version of Plaintiffs' Notification of Affiliates pursuant to Local Rule 3.2 #19 by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. (Gaudio, Justin) |
| Filing 39 Unsealed Version of Plaintiffs' Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #16 , Memorandum in Support #17 , the accompanying Declaration of Justin R. Gaudio #18 and Exhibits 1-2 thereto [18-1], [18-2] by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. (Gaudio, Justin) |
| Filing 38 EXHIBIT by Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. Unsealed version of Exhibit 3 Parts 1-7 to the Declaration of Greg Marrazzo #15 regarding other, #37 (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) |
| Filing 37 Unsealed Version of Plaintiffs' Motion for Entry of Temporary Restraining Order #11 , Memorandum in Support #12 , the accompanying Declaration of Justin R. Gaudio #13 and Exhibits 1-4 [13-1] [13-4], the accompanying Declaration of Gregg Marrazzo #14 and Exhibits 1-2 thereto [14-1], [14-2] by Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. (Gaudio, Justin) |
| Filing 36 Unsealed Version of Amended Complaint AMENDED complaint by Make-Up Art Cosmetics Inc., Estee Lauder Cosmetic Ltd. against The Partnerships and Unincorporated Associations Identified on Schedule "A" (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Schedule A)(Gaudio, Justin) |
| Filing 35 ATTORNEY Appearance for Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. by Abby Marie Neu (Neu, Abby) |
| Filing 34 ATTORNEY Appearance for Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. by Allyson M. Martin (Martin, Allyson) |
| Filing 33 ATTORNEY Appearance for Plaintiffs Estee Lauder Cosmetic Ltd., Make-Up Art Cosmetics Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 32 ATTORNEY Appearance for Plaintiffs Este Lauder Cosmetics Ltd., Make-Up Art Cosmetics Inc. by Justin R. Gaudio (Gaudio, Justin) |
| NEW PARTIES: Este Lauder Cosmetics Ltd. and Make-Up Art Cosmetics Inc. added to case caption. Terminating ABC Corporation and DEF Corporation (Gaudio, Justin) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (dxb, ) |
| Filing 31 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Dckt. No. #30 ) is hereby granted. The Court extends the TRO until 5:00 p.m. on August 14, 2020. Mailed notice. (jjr, ) |
| Filing 30 MEMORANDUM by ABC Corporation, DEF Corporation in support of extension of time #29 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Filing 29 MOTION by Plaintiffs ABC Corporation, DEF Corporation for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Filing 28 SEALED TEMPORARY Restraining Order Signed by the Honorable Steven C. Seeger on 7/17/2020. Mailed notice. (jjr, ) |
| Filing 27 MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' Ex Parte Motion for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Dckt. No. #11 ) is hereby granted. Sealed Temporary Restraining Order to follow. Mailed notice. (jjr, ) |
Filing 26
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 25 MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' motion for leave to file under seal (Dckt. No. #4 ) is granted. Plaintiffs' motion for electronic service of process (Dckt. No. #16 ) is granted. Mailed notice. (jjr, ) |
| Filing 24 MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs filed this case without identifying themselves in the complaint, in violation of the Federal Rules. They used pseudonyms, "ABC Corporation" and "DEF Corporation," without first requesting leave of court. (Dckt. No. #1 ) Rule 10(a) commands that the "title of the complaint must name all the parties." See Fed. R. Civ. P. 10(a). The duty to disclose one's own name is not a technicality, and it is not to be taken lightly. 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); see also In re Boeing 737 Max Pilots Litig., 2020 WL 247404 (N.D. Ill. 2020). Plaintiffs later filed an amended complaint under seal that disclosed their names. (Dckt. No. #10 ) The original complaint is superseded. Still, the Court strikes the original complaint for violating the Federal Rules. (Dckt. #1 ) The Court forewarns Plaintiffs' counsel that, in any future case, it may dismiss the action in its entirety if plaintiffs do not disclose themselves to the Court in the original complaint as required by the Federal Rules. Litigation does not take place in the dark, and parties cannot grant themselves leave to opt-out of the Federal Rules. The practice of filing a complaint with pseudonyms, and then filed an amended complaint under seal the following day, does not comply with the Federal Rules. Mailed notice. (jjr, ) |
| Filing 23 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jh, ) |
| Filing 22 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| Filing 21 NOTICE by ABC Corporation, DEF Corporation re SEALED MOTION by Plaintiffs ABC Corporation, DEF Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #16 , SEALED MOTION by Plaintiffs ABC Corporation, DEF Corporation for Entry of a Temporary Restraining Order, including a Temporary Injunction, A Temporary Asset Restraint, and Expedited Discovery #11 , MOTION by Plaintiffs ABC Corporation, DEF Corporation for leave to file Under Seal #4 (Gaudio, Justin) |
| Filing 20 SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Notice of Claims Involving Trademarks (Gaudio, Justin) |
| Filing 19 SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Notification of Affiliates pursuant to Local Rule 3.2 (Gaudio, Justin) |
| Filing 18 SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Declaration of Justin R. Gaudio regarding #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 17 SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Memorandum in Support of Motion (Gaudio, Justin) |
| Filing 16 SEALED MOTION by Plaintiffs ABC Corporation, DEF Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 15 SEALED EXHIBIT by Plaintiffs ABC Corporation, DEF Corporation Exhibit 3 Parts 1-7 regarding sealed document #14 (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) |
| Filing 14 SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Declaration of Plaintiff's Representative Regarding #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 13 SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Declaration of Justin R. Gaudio regarding #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 12 SEALED DOCUMENT by Plaintiffs ABC Corporation, DEF Corporation Memorandum in Support of Motion (Gaudio, Justin) |
| Filing 11 SEALED MOTION by Plaintiffs ABC Corporation, DEF Corporation for Entry of a Temporary Restraining Order, including a Temporary Injunction, A Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 10 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 SEALED EXHIBIT by Plaintiffs ABC Corporation, DEF Corporation Exhibit 1 regarding complaint #1 (Gaudio, Justin) |
| Filing 8 SEALED EXHIBIT by Plaintiffs ABC Corporation, DEF Corporation Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 7 ATTORNEY Appearance for Plaintiffs ABC Corporation, DEF Corporation by Abby Marie Neu (Neu, Abby) |
| Filing 6 ATTORNEY Appearance for Plaintiffs ABC Corporation, DEF Corporation by Allyson M. Martin (Martin, Allyson) |
| Filing 5 ATTORNEY Appearance for Plaintiffs ABC Corporation, DEF Corporation by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 4 MOTION by Plaintiffs ABC Corporation, DEF Corporation for leave to file Under Seal (Attachments: #1 Exhibit 1, #2 Exhibit Schedule A)(Gaudio, Justin) |
| Filing 3 ATTORNEY Appearance for Plaintiffs ABC Corporation, DEF Corporation by Justin R. Gaudio (Gaudio, Justin) |
| Filing 2 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by ABC Corporation, DEF Corporation; Filing fee $ 400, receipt number 0752-17146058. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (gw, ) |
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