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 |
| 1:2020cv04191 |
| July 16, 2020 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Trademark |
| 15 U.S.C. § 44 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 29 SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 9/8/2020. Mailed notice (ags) |
| Filing 28 MINUTE entry before the Honorable John F. Kness: Plaintiff's ex parte motion #10 for a temporary restraining order, temporary transfer of the defendant domain names, temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication is granted. For the purpose of this motion, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, 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 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 will 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 (ags) |
| Filing 27 AMENDED complaint by John Doe against The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto Amended Complaint (Corrected) (Attachments: #1 Exhibit Exhibit 1, #2 Appendix Amended Schedule A)(Hierl, Michael) |
| Filing 26 MINUTE entry before the Honorable John F. Kness: Telephonic motion hearing held on 9/3/2020. For the reasons stated in open court, Plaintiff's renewed motion for leave to file under seal #24 is granted in part and denied in part. Plaintiff may file under seal the documents found at docket entries #2 , #7 , #12 - #17 , #9 , #10 , #11 , and #18 . Plaintiff must, however, file a second amended complaint on the public docket under its true name. Mailed notice. (ym, ) |
| Filing 25 MINUTE entry before the Honorable John F. Kness: A motion hearing is set for 9/3/2020 at 10:00 a.m. and will be heard via telephone conference. 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 (ags) |
| Filing 24 MOTION by Plaintiff John Doe to seal document Plaintiff's Renewed Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 23 MINUTE entry before the Honorable John F. Kness: As discussed at a hearing in open court on July 20, 2020, and as explained further in this order, Plaintiff's motion for leave to file under seal #6 is granted in part and denied in part without prejudice to seeking renewed relief. In general, 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, as a separate docket entry, a corrected amended complaint that discloses its name and asserted trademark(s). Subject to unsealing at an appropriate time, Plaintiff may for now file under seal (1) its Schedule A attached to the Complaint, which identifies and includes a list of the Defendant Domain Names, domain name registration information, and Online Marketplace Accounts; and (2) screenshot printouts showing the active Defendant Internet Stores (Exhibit 2 to the Declaration of John Doe). With respect to the other documents that it has filed provisionally under seal under Local Rule 26.2(c), Plaintiff has not specifically identified those documents in its motion to seal despite its assurances to the contrary at the July 20 hearing. Accordingly, if Plaintiff wishes to have those documents remain under seal, Plaintiff must file a renewed motion to seal that identifies by docket number each specific document that Plaintiff wishes to remain under seal, along with a supporting statement as to why sealing is appropriate. Pending the filing of a renewed motion to seal, the Court will keep provisionally sealed any documents not identified in Plaintiff's current motion to seal #6 . The Court will defer a ruling on Plaintiff's other provisionally sealed motion #10 pending the filing of a renewed motion to seal. Finally, Plaintiff's motion to file an oversized brief #9 is granted. Mailed notice (ef, ) |
| Filing 22 MINUTE entry before the Honorable John F. Kness: Telephonic Status hearing set for 7/20/2020 at 12:30 PM. Counsel shall be prepared to discuss whether Plaintiff should be permitted to proceed anonymously. 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 21 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (gcy, ) |
| Filing 20 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (gcy, ) |
| Filing 18 SEALED DOCUMENT by Plaintiff John Doe Notice of Claims Involving Trademarks (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff John Doe Exhibit 2 Part 6 of Reiter Declaration (Hierl, Michael) |
| Filing 16 SEALED DOCUMENT by Plaintiff John Doe Exhibit 2 Part 5 of Reiter Declaration (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff John Doe Exhibit 2 Part 4 of Reiter Declaration (Hierl, Michael) |
| Filing 14 SEALED DOCUMENT by Plaintiff John Doe Exhibit 2 Part 3 of Reiter Declaration (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff John Doe Exhibit 2 Part 2 of Reiter Declaration (Hierl, Michael) |
| Filing 12 SEALED DOCUMENT by Plaintiff John Doe Exhibit 2 Part 1 of Reiter Declaration (Hierl, Michael) |
| Filing 11 SEALED DOCUMENT by Plaintiff John Doe Memorandum in Support of Plaintiff's of Motion for a Temporary Restraining Order (Attachments: #1 Declaration Struck Declaration, #2 Exhibit 1, #3 Declaration Reiter Declaration, #4 Declaration Hierl Declaration, #5 Exhibit Hierl Exhibit 1, #6 Exhibit Hierl Exhibit 2, #7 Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Filing 10 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 9 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 8 SEALED DOCUMENT by Plaintiff John Doe Amended Complaint (Attachments: #1 Exhibit 1, #2 Schedule A)(Hierl, Michael) |
| Filing 7 SEALED DOCUMENT by Plaintiff John Doe Sealed Schedule A (Hierl, Michael) |
| Filing 6 MOTION by Plaintiff John Doe to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 5 ATTORNEY Appearance for Plaintiff John Doe by William Benjamin Kalbac (Kalbac, William) |
| Filing 4 ATTORNEY Appearance for Plaintiff John Doe by Michael A. Hierl (Hierl, Michael) |
| Filing 3 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 2 SEALED DOCUMENT by Plaintiff John Doe Exhibit 1 (Hierl, Michael) |
| Filing 1 COMPLAINT filed by John Doe; Jury Demand. Filing fee $ 400, receipt number 0752-17221817.(Hierl, Michael) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (gw, ) |
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| Plaintiff: John Doe | |
| Represented By: | Michael A. Hierl |
| Represented By: | William Benjamin Kalbac |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto | |
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