H-D U.S.A., LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| H-D U.S.A., LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", TOMFOXS, GMM05 Store, SOUTH TAO Official Store, YOUGOU88, Amanda Masella99, SMW5, Bgdfyusdf, Jon hall99, Mike Noll99, tusasbdkac, FemiaD, syleshebsytfe, LvLiangShiLiShiQuYongShengTaoDianZiShangWuGongZuoS, YIWEIYANG Store, teekneanefw, Loves baby Branden Store, Josephsh, Silikolove jewel Store, PrettyMerchant, Oneself Design Official Store, Homesave Direct Store, Hu Yun Feng, soslyokqqk, Arnold Valenzuela99, ongb470, Patch-shop, flagship-store-timelike, shithaezmvwrbq, MeeYgYg, LSEAJAO, wangxiaojing3302, NeuSud Kids Official Store, CECIFU Company Store, Cigenius Inc, clilfford walter99, POJGWOOEG, Shop5000312 Store, ShoShoDa Official Store, zhaizhaiwanwan, SIUONI, Huangang Trading Company, Lynn Karin99, Tongdayuan Trading, LinXianYueERiYongPinDian, Teyo Official Store, hu4717z, ruisatt, liukun886, mcsesheamfyw, Auto supply store, Perfect upward, luchenperfect, gude004, tifasxoa, LH25 Store, HONCENMAX - Us, thelathgjre, MENDEPOT INC, zhang leizdfsdfr, TheBikerMetal, World-of-Jewelry, babytianyi, zhipeng store, Diyako, wqeyi882, teen fa-shion Store, Douglas A. Hollowell, double-june, teapesmkqkym, INSGOTH Official Store, HotMeiNi zhangmin Store, Skull Ranch99, Max LuLu Ali Store, HUIAT, dingleiever Official Store, Ziyueyuanwon, About The Client, Yilixin and SSNB |
| 1:2020cv04596 |
| August 5, 2020 |
| U.S. District Court for the Northern District of Illinois |
| John F Kness |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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This docket was last retrieved on October 1, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 41 MINUTE entry before the Honorable John F. Kness: Defendant's Unopposed Motion to extend time to respond to initial complaint #40 is granted. Defendant MENDEPOT Inc. must answer or otherwise plead on or before October 14, 2020. Mailed notice (ef, ) |
| Filing 40 MOTION by Defendant MENDEPOT INC for extension of time to file answer regarding complaint #1 , exhibit #2 (Syed, Ahad) |
| Filing 39 ATTORNEY Appearance for Defendant MENDEPOT INC by Ahad Syed (Syed, Ahad) |
| NEW PARTIES: HotMeiNi zhangmin Store, LH25 Store, Max LuLu Ali Store, Oneself Design Official Store, CECIFU Company Store, dingleiever Official Store, GMM05 Store, INSGOTH Official Store, Loves baby Branden Store, NeuSud Kids Official Store, Shop5000312 Store, Silikolove jewel Store, SOUTH TAO Official Store, teen fa-shion Store, YIWEIYANG Store, About The Client, Auto supply store, Bgdfyusdf, Cigenius Inc, Diyako, double-june, Douglas A. Hollowell, FemiaD, Homesave Direct Store, HONCENMAX - Us, Hu Yun Feng, LinXianYueERiYongPinDian, liukun886, LSEAJAO, LvLiangShiLiShiQuYongShengTaoDianZiShangWuGongZuoS, MeeYgYg, MENDEPOT INC, Patch-shop, Perfect upward, POJGWOOEG, PrettyMerchant, SIUONI, SSNB, TheBikerMetal, TOMFOXS, Tongdayuan Trading, World-of-Jewelry, Yilixin, YOUGOU88, zhang leizdfsdfr, flagship-store-timelike, ruisatt, Amanda Masella99, Arnold Valenzuela99, babytianyi, clilfford walter99, gude004, hu4717z, Huangang Trading Company, HUIAT, Jon hall99, Josephsh, luchenperfect, Lynn Karin99, mcsesheamfyw, Mike Noll99, ongb470, shithaezmvwrbq, ShoShoDa Official Store, Skull Ranch99, SMW5, soslyokqqk, syleshebsytfe, teapesmkqkym, teekneanefw, Teyo Official Store, thelathgjre, tifasxoa, tusasbdkac, wangxiaojing3302, wqeyi882, zhaizhaiwanwan, zhipeng store and Ziyueyuanwon added to case caption. (Ziegler, Amy) |
| Filing 38 PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 9/11/2020. Mailed notice (ags) |
| Filing 37 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction #33 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 #36 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 (ags) |
| Filing 36 SUMMONS Returned Executed by H-D U.S.A., LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 9/9/2020, answer due 9/30/2020. (Attachments: #1 Declaration of Martin F. Trainor)(Trainor, Martin) |
| Filing 35 NOTICE by H-D U.S.A., LLC re MOTION by Plaintiff H-D U.S.A., LLC for preliminary injunction #33 (Gaudio, Justin) |
| Filing 34 MEMORANDUM by H-D U.S.A., LLC in support of motion for preliminary injunction #33 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 33 MOTION by Plaintiff H-D U.S.A., LLC for preliminary injunction (Gaudio, Justin) |
| Filing 32 NOTICE of Voluntary Dismissal by H-D U.S.A., LLC as to Certain Defendants (Johnson, RiKaleigh) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (sxh, ) |
| Filing 31 EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 8/26/2020. Mailed notice (ags) |
| Filing 30 MINUTE entry before the Honorable John F. Kness: Plaintiff's Ex Parte Motion for Extension of Time of Temporary Restraining Order #27 is granted. Enter order. Mailed notice (ags) |
| Filing 29 NOTICE by H-D U.S.A., LLC re MOTION by Plaintiff H-D U.S.A., LLC for extension of time of Temporary Restraining Order #27 (Gaudio, Justin) |
| Filing 28 MEMORANDUM by H-D U.S.A., LLC in support of extension of time #27 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Filing 27 MOTION by Plaintiff H-D U.S.A., LLC for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Filing 26 TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 8/17/2020. (ags) Modified on 9/14/2020 (sxb, ). |
| Filing 25 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal #3 , ex parte motion for a temporary restraining order #9 , and motion for electronic service of process #14 are granted. 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 under seal the documents identified in the motion to seal and appearing at docket entries #2 and #13 . In addition, for the purpose of these motions, 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 24 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (smm, ) |
| Filing 23 MAILED trademark report to Patent Trademark Office, Alexandria VA (Attachments: #1 Exhibit 1). (smm, ) |
| Filing 21 MINUTE entry before the Honorable John F. Kness: The motion hearing set for 8/11/2020 is stricken. Per Fifth Amended General Order 20-0012 and the Court's webpage, no motions are to be noticed for presentment. If the Court determines that a hearing is necessary, it will set one by separate order. Mailed notice (ags) |
| Filing 20 NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief #14 , motion for leave to file #3 , motion for temporary restraining order #9 before Honorable John F. Kness on 8/11/2020 at 11:00 AM. (Gaudio, Justin) |
| Filing 19 Notice of Claims Involving Trademarks by H-D U.S.A., LLC (Gaudio, Justin) |
| Filing 18 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by H-D U.S.A., LLC (Gaudio, Justin) |
| Filing 17 NOTICE by H-D U.S.A., LLC re MOTION by Plaintiff H-D U.S.A., LLC for leave to file under seal #3 , MOTION by Plaintiff H-D U.S.A., LLC for temporary restraining order #9 , MOTION by Plaintiff H-D U.S.A., LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #14 (Gaudio, Justin) |
| Filing 16 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 15 MEMORANDUM by H-D U.S.A., LLC in support of motion for miscellaneous relief #14 (Gaudio, Justin) |
| Filing 14 MOTION by Plaintiff H-D U.S.A., LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 13 EXHIBIT by Plaintiff H-D U.S.A., LLC Exhibit 3 - Parts 1-4 regarding declaration #12 (Attachments: #1 Exhibit 3-1, #2 Exhibit 3-2, #3 Exhibit 3-3, #4 Exhibit 3-4)(Gaudio, Justin) Modified on 9/14/2020 (sxb, ). |
| Filing 12 DECLARATION of Adraea M. Brown regarding memorandum in support of motion #10 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 11 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #10 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 10 MEMORANDUM by H-D U.S.A., LLC in support of motion for temporary restraining order #9 (Gaudio, Justin) |
| Filing 9 MOTION by Plaintiff H-D U.S.A., LLC for temporary restraining order (Gaudio, Justin) |
| Filing 8 ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by Martin Francis Trainor (Trainor, Martin) |
| Filing 7 ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by RiKaleigh C. Johnson (Johnson, RiKaleigh) |
| Filing 6 ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 5 ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by Justin R. Gaudio (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff H-D U.S.A., LLC for leave to file under seal (Gaudio, Justin) |
| Filing 2 EXHIBIT by Plaintiff H-D U.S.A., LLC Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 9/14/2020 (sxb, ). |
| Filing 1 COMPLAINT filed by H-D U.S.A., LLC; Filing fee $ 400, receipt number 0752-17286203. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (gw, ) |
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