Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Oakley, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", tateswlwg, Chinese-Sun glasses Store, whatapp+8614796412720 Store, tianfengjiulou, geshothpdm, middeighygky, Flyings Fish Clothes Store, Beast sunglasses Store, JJJJN, sliterqtcdt, NJBUH, Shop5887461 Store, Professional outdoor product Store, smoonetqbsuj, Arike Outdoor Store, CCspace Official Store, XDSshop, MADELINY Official Store, shirrehjijoj, jeckoqfa, Flyings Fish Two Clothes Store, netetufjmdi, Shop4502118 Store, CGOSE, RageRace Cycling Equipment Store, SPORTSAD Store, Ulysses Fitness Store, shouteeshtoyncq, deteighssjh, shonneegkyv, alilanglang Store, WERGASUN Store, Shop5239022 Store, NNNK, MMMMU, sheaushdltml, Metomoshy Ifashiony Store, tathousehvmd, Shop3478042 Store, NJHUU, KOJIP, Sunley bags Store, poteshfqsaes, S&H Glasses Store, jfgrobal, hennosgag, Zonlin-NA, Shop5025024 Store, Wilmaaaee, derakasdr, Dayiwa Store, smeathebphd, Paulaaaee, Mincl Glasses Brand Store, Shop5249047 Store, Mirandaaa, HBGF, CHUNYANG Store, Shop3863006 Store, KKKNK, lalishapus, sfcxnedZPvO1Z4lv, sleighthshqqqe, sisesletffg, Fit Fit Store, Tiomc, Shop5075130 Store, SJXY, neneethunfwi, thasisrjv, sekesllplm, Riceball Store, Shop5785691 Store, DianneUU, YesR Store, thenetlwiy, gifansee Official Store, Shop910341040 Store, pashatjrqvnw, tesseoteq, Victorsense Fishing Store, seateeokbkf, Nico & Niko Online Store, tooruezflumnt, Courtneyyy, 2021 cycling Store, mcsoudoosrvk, fs yuri yuan outdoor store, Shop5879239 Store, soopeyezgwdebx, Shop5890746 Store, vikulsi Official Store, theauvlb, Two tigers, TC666 Store, thaponsxqkup, FFFC, seventpeople Store, GVBF, Shop5603365 Store, Tingp, teshesonbhj, KDEAMIX Store, thisheltfcao, UYHH, SPLOV Official Store, teighulkp, FASOBIU clothes Store, Shop5777952 Store, ZOKARESUN Glasses Store, rertofmqrg, mingtianhao, DeFanxi Store, tashoquoow, Brosailyang os Official Store, semititutodld and Sunture Store |
| 1:2020cv05049 |
| August 27, 2020 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Patent |
| 35 U.S.C. § 271 |
| None |
Docket Report
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This docket was last retrieved on July 9, 2021. A more recent docket listing may be available from PACER.
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Filing 50
MINUTE entry before the Honorable John F. Kness: Motion for leave to file under seal #46 is granted. Mailed notice (ags)
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Filing 49
SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 5 regarding declaration #48 (Gaudio, Justin)
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Filing 48
DECLARATION of Justin R. Gaudio regarding memorandum in opposition to motion #47 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Gaudio, Justin)
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Filing 47
MEMORANDUM by Oakley, Inc. in Opposition to motion to dismiss/lack of jurisdiction #39 (Gaudio, Justin)
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Filing 46
MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin)
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Filing 45
TRANSCRIPT OF PROCEEDINGS held on 9/29/20 before the Honorable John F. Kness. Order Number: 39295. Court Reporter Contact Information: Nancy LaBella, nlabella.ilnd@gmail.com, 312-435-6890. |
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Filing 44
NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendant (Christensen, Jake)
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NEW PARTIES: Shop3478042 Store, MADELINY Official Store, KDEAMIX Store, vikulsi Official Store, CCspace Official Store, Sunture Store, Mincl Glasses Brand Store, Nico & Niko Online Store, YesR Store, TC666 Store, S&H Glasses Store, ZOKARESUN Glasses Store, Riceball Store, RageRace Cycling Equipment Store, Brosailyang os Official Store, CHUNYANG Store, Shop3863006 Store, Dayiwa Store, fs yuri yuan outdoor store, FASOBIU clothes Store, Shop4502118 Store, Shop5025024 Store, Victorsense Fishing Store, Shop5075130 Store, gifansee Official Store, Shop5239022 Store, SPORTSAD Store, Shop5249047 Store, Metomoshy Ifashiony Store, Chinese-Sun glasses Store, DeFanxi Store, Shop5603365 Store, Flyings Fish Clothes Store, whatapp+8614796412720 Store, WERGASUN Store, Ulysses Fitness Store, Shop5777952 Store, seventpeople Store, Arike Outdoor Store, Flyings Fish Two Clothes Store, Fit Fit Store, Shop5785691 Store, Professional outdoor product Store, 2021 cycling Store, Sunley bags Store, Shop5879239 Store, Shop5887461 Store, Beast sunglasses Store, Shop5890746 Store, alilanglang Store, Shop910341040 Store, Two tigers, sfcxnedZPvO1Z4lv, Zonlin-NA, tianfengjiulou, jfgrobal, XDSshop, CGOSE, mingtianhao, theauvlb, netetufjmdi, neneethunfwi, smoonetqbsuj, jeckoqfa, middeighygky, deteighssjh, teshesonbhj, sisesletffg, thenetlwiy, lalishapus, tathousehvmd, shouteeshtoyncq, rertofmqrg, pashatjrqvnw, soopeyezgwdebx, Tingp, shonneegkyv, tateswlwg, hennosgag, tooruezflumnt, teighulkp, thisheltfcao, derakasdr, sleighthshqqqe, thasisrjv, tesseoteq, Tiomc, smeathebphd, geshothpdm, mcsoudoosrvk, tashoquoow, seateeokbkf, shirrehjijoj, sliterqtcdt, semititutodld, poteshfqsaes, sekesllplm, thaponsxqkup, Courtneyyy, DianneUU, Paulaaaee, Mirandaaa, sheaushdltml, NJHUU, KOJIP, UYHH, NJBUH, JJJJN, GVBF, HBGF, FFFC, MMMMU, NNNK, KKKNK, SJXY and Wilmaaaee added to case caption. (Juettner, Thomas)
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Filing 43
PRELIMINARY INJUNCTION ORDER. Signed by the Honorable John F. Kness on 9/29/2020. Mailed notice. (ym, )
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Filing 42
MINUTE entry before the Honorable John F. Kness: Telephonic motion hearing held on 9/29/2020. Plaintiff's motion for a preliminary injunction #36 is granted except as to Defendant SPLOV (which is addressed later in this order). 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 established #35 that it provided electronic notice to defendants of its motion for a preliminary injunction, but no objection has been filed on behalf of any defendant other than SPLOV. Enter preliminary injunction order. 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. As to defendant SPLOV's motion to dismiss #39 and opposition to Plaintiff's motion for a preliminary injunction, Plaintiff's response is due on or before 10/20/2020. Any reply is due on or before 10/27/2020. For the reasons stated in open court and in connection with the Court's previous orders granting a TRO, the Court extends the TRO as against Defendant SPLOV pending briefing on the motion to dismiss and opposition to Plaintiff's preliminary injunction motion, as well as any hearing that the Court may require. In particular, the Court finds that the risk Defendant could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court warrants keeping the TRO in place against SPLOV, beyond the 28-day limit of FRCP 65(b), pending further proceedings and resolution of the motion for a preliminary injunction. See H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012). Mailed notice. (ym, )
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Filing 41
MINUTE entry before the Honorable John F. Kness: A telephonic motion hearing is set for 9/29/20 at 9:45 a.m. on plaintiff's pending motion for a preliminary injunction. 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 (mjc, )
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Filing 40
MEMORANDUM by SPLOV Official Store in support of motion to dismiss/lack of jurisdiction #39 and improper service and opposition to Plaintiff's motion for entry of a preliminary injunction (Attachments: #1 Declaration of Zhang, #2 Exhibit 1)(Ju, Tianyu)
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Filing 39
MOTION by Defendant SPLOV Official Store to dismiss for lack of jurisdiction and improper service and opposition to Plaintiff's motion for entry of a preliminary injunction (Ju, Tianyu)
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Filing 38
NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for preliminary injunction #36 (Gaudio, Justin)
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Filing 37
MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction #36 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin)
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Filing 36
MOTION by Plaintiff Oakley, Inc. for preliminary injunction (Gaudio, Justin)
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Filing 35
SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 9/23/2020, answer due 10/14/2020. (Attachments: #1 Declaration of Thomas J. Juettner)(Juettner, Thomas)
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (kl, )
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Filing 34
ATTORNEY Appearance for Defendant SPLOV Official Store by He Cheng (Cheng, He)
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Filing 33
EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 9/11/2020. Mailed notice (ags)
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Filing 32
MINUTE entry before the Honorable John F. Kness: Motion for extension of temporary restraining order #29 is granted. Enter Order. Mailed notice (ags)
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Filing 31
NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order #29 (Gaudio, Justin)
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Filing 30
MEMORANDUM by Oakley, Inc. in support of extension of time #29 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin)
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Filing 29
MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order (Gaudio, Justin)
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Filing 28
ATTORNEY Appearance for Defendant SPLOV Official Store by Tianyu Ju (Ju, Tianyu)
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Filing 27
ATTORNEY Appearance for Defendant SPLOV Official Store by Andrew Jonathan Palmer Palmer, Andrew (Palmer, Andrew)
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Filing 26
ATTORNEY Appearance for Defendant SPLOV Official Store by Wei Yang Yang, Wei (Yang, Wei)
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Filing 25
ATTORNEY Appearance for Defendant SPLOV Official Store by Tao Liu Liu, Tao (Liu, Tao)
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Filing 24
SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 9/1/2020. (ags)
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Filing 23
MINUTE entry before the Honorable John F. Kness: Plaintiff's motions for leave to file under seal #3 , ex parte motion for a temporary restraining order #12 , and motion for electronic service of process #17 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 , #4 , and #16 . 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), that the harm to plaintiff is irreparable, and that 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)
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Filing 22
Notice of Claims Involving Patents by Oakley, Inc. (Gaudio, Justin)
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Filing 21
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc. (Gaudio, Justin)
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Filing 20
NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for leave to file under seal #3 , MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #17 , MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #12 (Gaudio, Justin)
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Filing 19
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #18 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin)
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Filing 18
MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief #17 (Gaudio, Justin)
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Filing 17
MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin)
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Filing 16
SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 - Parts 1-3 regarding declaration #15 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3)(Gaudio, Justin)
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Filing 15
DECLARATION of Jason Groppe regarding memorandum in support of motion #13 (Attachments: #1 Exhibit 1)(Gaudio, Justin)
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Filing 14
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #13 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin)
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Filing 13
MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order #12 (Gaudio, Justin)
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Filing 12
MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin)
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Filing 10
MAILED Patent report to Patent Trademark Office, Alexandria VA (sxb, )
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Filing 9
ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas)
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Filing 8
ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen (Christensen, Jake)
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Filing 7
ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy)
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Filing 6
ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin)
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Filing 5
CIVIL Cover Sheet (Gaudio, Justin)
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Filing 4
SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 - Parts 1-3 regarding complaint #1 (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3)(Gaudio, Justin)
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Filing 3
MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin)
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Filing 2
SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint #1 (Gaudio, Justin)
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Filing 1
COMPLAINT filed by Oakley, Inc.; Filing fee $ 400, receipt number 0752-17369090. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(Gaudio, Justin)
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CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (dxb, )
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