XYZ Corporation v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| XYZ Corporation, National Football League Players Association, Inc. and National Football League Players Association |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", cheapjerseysonlinefreeshipping.us.com, promotial, Jerseys Shop, medmidstor, bestdealsstore01, Dolphins Store Online, Linbao POSTER Store, shop2_2020, bengoodon, sportscheapjerseys.us.com, SPORTS SHOP, CHEAPWHOLESALECHINA.COM, nova-shop97, TMWHY's booth, itemtrust Store, CHEAPSHOOP, rongchengshiyijiafuzhuang168, Oakland Raiders Official Online Store, officialjerseysonline, shop_for_ever, MOHALI86, FanPatriotsGear, moneytree2001, phonecase18, NFL SHOP Cheap Jerseys, zxg1991, cddf825, pizhuzhaposter, kevindesign2011, fansfavoritezone, akagamir69, Bestselleramazing's booth, FEOAMO, jeisyshop, alalstore, YONGYI_STORE, yongi_fashion, youneken-0, fuzaibaba, william_bestseller, Chenlove999's booth, tradepo990deal, dayi_9666, bourabde_8, CUSTOMSHOP29, jiachuangtrade2018, CHEAP JERSEYS SHOP, 2019nfl, anlagh36, kpone24144, kai-cardshop, easyshopsf, fashionway18, adlshop88, chemi-7723, thi-8306, Official Browns Shop, foxfairy09, JerseyfanStudio, jc-fashion2000, Cheapauthenticbaseballjersey, VIPJerseyShop, NFLshopwholesalejerseys, Cheapwholesalebasketballjerseys, huutu95, KAUEEOL and simsim-shop |
| 1:2020cv06012 |
| October 8, 2020 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 17, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| NEW PARTIES: itemtrust Store, Linbao POSTER Store, Bestselleramazing's booth, Chenlove999's booth, yongi_fashion, TMWHY's booth, adlshop88, akagamir69, alalstore, anlagh36, bengoodon, bestdealsstore01, bourabde_8, cddf825, chemi-7723, dayi_9666, easyshopsf, fashionway18, fuzaibaba, huutu95, jc-fashion2000, jeisyshop, jiachuangtrade2018, kevindesign2011, YONGYI_STORE, kpone24144, medmidstor, moneytree2001, nova-shop97, zxg1991, phonecase18, pizhuzhaposter, promotial, rongchengshiyijiafuzhuang168, shop_for_ever, shop2_2020, simsim-shop, thi-8306, tradepo990deal, william_bestseller, youneken-0, foxfairy09, JerseyfanStudio, 2019nfl, VIPJerseyShop, CHEAP JERSEYS SHOP, Cheapauthenticbaseballjersey, cheapjerseysonlinefreeshipping.us.com, CHEAPSHOOP, Cheapwholesalebasketballjerseys, CHEAPWHOLESALECHINA.COM, Official Browns Shop, CUSTOMSHOP29, fansfavoritezone, Jerseys Shop, FEOAMO, kai-cardshop, KAUEEOL, sportscheapjerseys.us.com, Dolphins Store Online, MOHALI86, FanPatriotsGear, NFL SHOP Cheap Jerseys, SPORTS SHOP, NFLshopwholesalejerseys, Oakland Raiders Official Online Store and officialjerseysonline added to case caption. (Sullivan, Ann Marie) |
| Filing 21 PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 11/13/2020. Mailed notice(ef, ) |
| Filing 20 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction #17 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 #19 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. 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. Mailed notice (ef, ) |
| Filing 19 SUMMONS Returned Executed by National Football League Players Association as to All Defendants. (Attachments: #1 Declaration of Service)(Sullivan, Ann Marie) |
| Filing 17 MOTION by Plaintiff National Football League Players Association, Inc. for preliminary injunction (Attachments: #1 Supplement Memorandum in Support, #2 Declaration of Ann Marie Sullivan)(Carter, Alison) |
| NEW PARTIES: National Football League Players Association added to case caption. Terminating National Football League Players Association, Inc. (Carter, Alison) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (jg, ) |
| Filing 18 CIVIL BOND in the amount of $ 10,000.00 posted by National Football League Players Association (gcy, ) |
| Filing 16 SEALED EXTENSION OF THE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 10/28/2020. Mailed notice (ags) |
| Filing 15 MINUTE entry before the Honorable John F. Kness: Motion for extension of TRO #14 is granted. Enter Order. Mailed notice (ags) |
| Filing 14 MOTION by Plaintiff XYZ Corporation for extension of time of Temporary Restraining Order (Attachments: #1 Supplement Memorandum in Support, #2 Declaration of Ann Marie Sullivan)(Carter, Alison) |
| NEW PARTIES: National Football League Players Association, Inc. added to case caption. Terminating XYZ Corporation (Carter, Alison) |
| Filing 13 SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 10/16/2020. Mailed notice (ags) |
| Filing 12 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal #5 is granted in part and denied in part. 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 a temporary restraining order is being adjudicated contemporaneously, 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). Thus the request to seal Plaintiff's amended complaint #6 (which, unlike the original complaint, complies with FRCP 10(a) by "nam[ing] all the parties" including Plaintiff) and the exhibit containing Plaintiff's trademark registrations [6-1] is denied. Conversely, subject to unsealing at an appropriate time, Plaintiff may for now file under seal its Schedule "A" to the Complaint [1-2] and to the Amended Complaint [6-2], Motion for Temporary Restraining Order #7 and its memorandum and supporting pleadings and exhibits #8 , and Motion for Electronic Service of Process #9 and its memorandum and supporting pleadings and exhibits #10 . 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. For all of these reasons, therefore, Plaintiff's motions for entry of a temporary restraining order #7 and for leave to effect electronic service of process #9 are granted. Enter separate temporary restraining order. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Mailed notice (ags) |
| Filing 11 MINUTE entry before the Honorable John F. Kness:A telephonic status hearing is set for 10/15/2020 at 11:15 AM. For the telephonic status hearing on 10/15/2020, 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 (dl) |
| Filing 10 SEALED DOCUMENT by Plaintiff XYZ Corporation Memorandum in Support of Motion for Electronic Service of Process (Attachments: #1 Declaration of Ann Marie Sullivan, #2 Exhibit 1-4)(Sullivan, Ann Marie) |
| Filing 9 SEALED MOTION by Plaintiff XYZ Corporation for Electronic Service of Process (Sullivan, Ann Marie) |
| Filing 8 SEALED DOCUMENT by Plaintiff XYZ Corporation Memorandum in Support of Motion for Temporary Restraining Order (Attachments: #1 Declaration of Paul Varley, #2 Exhibit 1, #3 Exhibit 2)(Sullivan, Ann Marie) |
| Filing 7 SEALED MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order (Sullivan, Ann Marie) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (ke, ) |
| Filing 6 SEALED DOCUMENT by Plaintiff XYZ Corporation Amended Complaint (Attachments: #1 Exhibit 1, #2 Exhibit Schedule A)(Sullivan, Ann Marie) |
| Filing 5 MOTION by Plaintiff XYZ Corporation to seal (Sullivan, Ann Marie) |
| Filing 4 ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison Carter (Carter, Alison) |
| Filing 3 ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
| Filing 2 CIVIL Cover Sheet (Sullivan, Ann Marie) |
| Filing 1 COMPLAINT filed by XYZ Corporation; Filing fee $ 400, receipt number 0752-17525051. (Attachments: #1 Exhibit 1, #2 Exhibit Schedule A)(Sullivan, Ann Marie) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
