Emoji Company GmbH v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Emoji Company GmbH |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, DERAYEE, DIYASY, Boshuo and DECORA |
| 1:2020cv06303 |
| October 23, 2020 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Mary M Rowland |
| Trademark |
| 15 U.S.C. § 1051 |
| Plaintiff |
Docket Report
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| Filing 38 MOTION by Defendants DECORA, DERAYEE, DIYASY to withdraw response in opposition to motion #35 for entry of a preliminary injunction (Ju, Tianyu) |
| Filing 37 MEMORANDUM by Boshuo in support of motion to dismiss/lack of jurisdiction #36 and improper service and opposition to Plaintiff's motion for entry of a preliminary injunction (Ju, Tianyu) |
| Filing 36 MOTION by Defendant Boshuo to dismiss for lack of jurisdiction and improper service (Ju, Tianyu) |
| Filing 35 RESPONSE by Boshuo, DECORA, DERAYEE, DIYASY in Opposition to MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction #24 (Ju, Tianyu) |
| Filing 34 ATTORNEY Appearance for Defendants Boshuo, DECORA, DERAYEE, DIYASY by Andrew Jonathan Palmer Palmer, Andrew (Palmer, Andrew) |
| Filing 33 ATTORNEY Appearance for Defendants DECORA, DERAYEE, DIYASY by Tianyu Ju (Ju, Tianyu) |
| Filing 32 ATTORNEY Appearance for Defendants DERAYEE, DIYASY, DECORA by Tao Liu Liu, Tao (Liu, Tao) |
| Filing 31 ATTORNEY Appearance for Defendant Boshuo by Tianyu Ju (Ju, Tianyu) |
| Filing 30 ATTORNEY Appearance for Defendant Boshuo by He Cheng (Cheng, He) |
| Filing 29 ATTORNEY Appearance for Defendant Boshuo by Tao Liu Liu, Tao (Liu, Tao) |
| Filing 28 SUMMONS Returned Executed by Emoji Company GmbH as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 12/15/2020, answer due 1/5/2021. (Hierl, Michael) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (txl, ) |
| Filing 27 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion #24 for entry of a preliminary injunction. Although the memorandum of law #25 Plaintiff has submitted in support of its current motion refers to the electronic service of process the Court authorized previously #18 #19 , neither the memorandum nor the Declaration submitted by Plaintiff #26 establish that the authorized actions relating to service have in fact been taken. More pertinently, Plaintiff has not filed the proof of service required under Rule 4(l) of the Federal Rules of Civil Procedure. Without certification that Plaintiff has provided electronic notice to defendants of the pendency either of this action or the motion for a preliminary injunction, the Court is unwilling to grant further preliminary injunctive relief. Accordingly, the motion for entry of a preliminary injunction is entered and continued. If and when Plaintiff provides proof of service, as is commonly done in similar "Schedule A" counterfeiting cases before the filing of a motion seeking a preliminary injunction, the Court will act promptly on Plaintiff's pending motion. Mailed notice (ef, ) |
| Filing 26 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #24 (Hierl, Michael) |
| Filing 25 MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction #24 (Hierl, Michael) |
| Filing 24 MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| Filing 23 EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 11/23/2020. Mailed notice(ef, ) |
| Filing 22 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for an extension of the existing temporary restraining order #20 is granted. Enter order. Mailed notice (ef, ) |
| Filing 21 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion #20 for an extension of the existing temporary restraining order. Counsel for Plaintiff is again requested to submit (Cf. 20-cv-05306, Dkt. 24) a proposed order for the Court's consideration at proposed_order_kness@ilnd.uscourts.gov. Any proposed order should heed the requirement of FRCP 65(b)(2) that the reasons for any extension of a TRO be entered in the record. Mailed notice (ef, ) |
| Filing 20 MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 19 SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 11/10/2020. Mailed notice(ef, ) |
| Filing 18 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal #5 , motion for leave to exceed the page limitation on briefs #7 , and ex parte motion for a temporary restraining order, electronic service of process, and other relief #8 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 #6 and #10 through #14 . 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. A domain name transfer is appropriate to prevent infringing conduct. 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 (ef, ) |
| Filing 16 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| Filing 17 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John F. Kness for all further proceedings pursuant to IOP 13(f). Honorable Mary M. Rowland no longer assigned to the case. Signed by Executive Committee on 10/23/2020.(jh, ) |
| Filing 15 Notice of Claims Involving Trademarks by Emoji Company GmbH (Hierl, Michael) |
| Filing 14 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 5 of Reiter Declaration (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 4 of Reiter Declaration (Hierl, Michael) |
| Filing 12 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 3 of Reiter Declaration (Hierl, Michael) |
| Filing 11 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 2 of Reiter Declaration (Hierl, Michael) |
| Filing 10 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 1 of Reiter Declaration (Hierl, Michael) |
| Filing 9 MEMORANDUM by Emoji Company GmbH in support of motion for temporary restraining order, #8 (Attachments: #1 Declaration Santiago 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 8 MOTION by Plaintiff Emoji Company GmbH for temporary restraining order 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 (Hierl, Michael) |
| Filing 7 MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 6 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Sealed Schedule A (Hierl, Michael) |
| Filing 5 MOTION by Plaintiff Emoji Company GmbH to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 4 ATTORNEY Appearance for Plaintiff Emoji Company GmbH by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 400, receipt number 0752-17573344. (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (dxb, ) |
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