Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Oakley, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", titatiu, TIYUYONGPIN, Buildinp, Cycling Franchise Store, Minimini, XUEFAJUN, ChenguojianUS, Danny Samuel, JSXY, wangqin, Minino Store, Shop900246041 Store, Shop5588498 Store, cycling peripheral store, Goodnewss, AMZUP store, HDAGE, ZhaoShi, WFhjtTH, Chinese Fitness Store, TTYOUC, LeiKuo Club Store, koljuhy, Banwen LLC, Lucky Accessory International Trade, XiuLingzhuanmai, yanhuishanghang, XiJiaBo, MEITONGMEI, KAKT, HengTongWeiYe, Victspring Store, YIQI COMPANY, GDGLO, Houkiper NY Sporting Store, redgily, Fun Drop Shipping Store, Shop910335333 Store, Lili jing, baikangmaoyi1, WEIl, goplussport store, Elegdy, Mingyang internationdl trade, SHANGJI, rock cottage, Water Entertainment Store, KEEP IN Store, Lighting the best seller us, yuncong, DeXinChen Security Store, SHHFJB, Strava Factory Store, Huge HG Store, ROSANNA Official Store, Victoria ACX, Jinhui charm, wcl2019, yangzhonghua, motion outdoors Store, Shop5442219 Store, YFEI, kongye, nixxabo, houmashifenghuiboli, NW Oficial Store, Oversold 88, TOSPRA car accessories Store, ELYON Official Store, GTHYUUI, keep outdoors Store, Niushawen, Outdoor Safety Protect Store, PRINCEYEE, Larly, Shop910332121 Store, QiJuQuan, Shop5438252 Store, Hui Peng Longy and Ting room |
| 1:2020cv06676 |
| November 10, 2020 |
| U.S. District Court for the Northern District of Illinois |
| Martha M Pacold |
| Patent |
| 35 U.S.C. § 271 |
| None |
Docket Report
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| Document Text |
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| Filing 41 MINUTE entry before the Honorable Martha M. Pacold: Defendant SHANGJI at Line No. 38 is hereby dismissed with prejudice pursuant to the Notice of Dismissal Under Rule 41(a)(1) #40 filed by Plaintiff on 1/8/2021. SHANGJI terminated. (rao, ) |
| Filing 40 NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendant (Christensen, Jake) |
| Filing 39 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Martha M. Pacold on 12/11/2020. Mailed notice(mc, ) |
Filing 38
ORDER :No defendant has filed an appearance to object to the entry of a preliminary injunction. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction #34 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Signed by the Honorable Martha M. Pacold on 12/11/2020. Mailed notice(mc, )
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| NEW PARTIES: ROSANNA Official Store, Houkiper NY Sporting Store, DeXinChen Security Store, Shop5438252 Store, Shop5442219 Store, Shop5588498 Store, Outdoor Safety Protect Store, Fun Drop Shipping Store, ELYON Official Store, Victspring Store, goplussport store, Chinese Fitness Store, Huge HG Store, TOSPRA car accessories Store, NW Oficial Store, Shop900246041 Store, Minino Store, keep outdoors Store, Strava Factory Store, LeiKuo Club Store, Shop910332121 Store, Shop910335333 Store, KEEP IN Store, motion outdoors Store, cycling peripheral store, Victoria ACX, yuncong, Lighting the best seller us, wcl2019, Niushawen, Jinhui charm, Oversold 88, PRINCEYEE, Goodnewss, kongye, SHANGJI, yanhuishanghang, WEIl, XiJiaBo, rock cottage, GTHYUUI, Ting room, XiuLingzhuanmai, JSXY, GDGLO, WFhjtTH, YIQI COMPANY, TTYOUC, HengTongWeiYe, Banwen LLC, KAKT, XUEFAJUN, ZhaoShi, Minimini, TIYUYONGPIN, YFEI, Danny Samuel, AMZUP store, houmashifenghuiboli, MEITONGMEI, Buildinp, redgily, koljuhy, Elegdy, SHHFJB, ChenguojianUS, QiJuQuan, Larly, Hui Peng Longy, wangqin, Lucky Accessory International Trade, titatiu, Mingyang internationdl trade, Lili jing, baikangmaoyi1, yangzhonghua, nixxabo and HDAGE added to case caption. (Juettner, Thomas) |
| NEW PARTIES: Cycling Franchise Store added to case caption. (Juettner, Thomas) |
| Filing 37 MINUTE entry before the Honorable Martha M. Pacold:Plaintiff shall serve defendants with this notice. The court has taken the motion for a preliminary injunction #34 under advisement and will consider the motion unopposed if no defendant appears and objects by 12/10/2020 at 12:00 p.m. (rao, ) |
| Filing 36 NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for preliminary injunction #34 (Gaudio, Justin) |
| Filing 35 MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction #34 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 34 MOTION by Plaintiff Oakley, Inc. for preliminary injunction (Gaudio, Justin) |
| Filing 33 SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 12/7/2020, answer due 12/28/2020. (Attachments: #1 Declaration of Thomas J. Juettner)(Juettner, Thomas) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A." (lxk, ) |
| Filing 32 ATTORNEY Appearance for Defendants Cycling Franchise Store, Water Entertainment Store by He Cheng (Cheng, He) |
| Filing 31 ATTORNEY Appearance for Defendants Cycling Franchise Store, Water Entertainment Store by Tianyu Ju (Ju, Tianyu) |
| Filing 30 ATTORNEY Appearance for Defendants Water Entertainment Store, Cycling Franchise Store by Tao Liu Liu, Tao (Liu, Tao) |
| Filing 29 EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/23/2020:(rao, ) |
| Filing 28 MINUTE entry before the Honorable Martha M. Pacold:Plaintiff's ex parte motion to extend the temporary restraining order #24 is granted. (rao, ) |
| Filing 26 NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order #24 (Gaudio, Justin) |
| Filing 25 MEMORANDUM by Oakley, Inc. in support of extension of time #24 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Filing 24 MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Filing 27 SURETY BOND in the amount of $ $10,000.00 posted by Oakley, Inc. (tg, ) |
| Filing 23 SEALED ORDER. Signed by the Honorable Martha M. Pacold on 11/12/2020. Mailed notice(mc, ) |
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Filing 22
ORDER : For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal #4 , for temporary restraining order, including a temporary injunction, temporary asset restraint, and expedited discovery #10 , and for service of process by e-mail and/or electronic publication #15 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiffs' interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on themerits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 plaintiffs genuinely intend to pursue an accounting (which plaintiff assert 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 anaccounting 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. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. Enter Sealed Temporary Restraining Order. Signed by the Honorable Martha M. Pacold on 11/12/2020. Mailed notice(mc, )
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| Filing 21 MAILED patent report to Patent Trademark Office, Alexandria VA (Attachments: #1 Exhibit)(mc, ) |
| Filing 20 Notice of Claims Involving Patents by Oakley, Inc. (Gaudio, Justin) |
| Filing 19 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc. (Gaudio, Justin) |
| Filing 18 NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #10 , MOTION by Plaintiff Oakley, Inc. for leave to file under seal #4 , MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #15 (Gaudio, Justin) |
| Filing 17 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #16 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 16 MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief #15 (Gaudio, Justin) |
| Filing 15 MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 14 SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 4 - Parts 1-4 regarding declaration #13 (Attachments: #1 Exhibit 4-1, #2 Exhibit 4-2, #3 Exhibit 4-3, #4 Exhibit 4-4)(Gaudio, Justin) |
| Filing 13 DECLARATION of Jason Groppe regarding memorandum in support of motion #11 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 12 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #11 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 11 MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order #10 (Gaudio, Justin) |
| Filing 10 MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 9 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) |
| Filing 8 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen (Christensen, Jake) |
| Filing 7 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 6 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 5 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 4 MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 3 SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 - Parts 1-4 regarding complaint #1 (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3, #4 Exhibit 1-4)(Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Oakley, Inc.; Filing fee $ 400, receipt number 0752-17632314. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (ke, ) |
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