HAMANN GmbH v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| HAMANN GmbH |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", creey, RODIN Racing Performance Parts Co.,Ltd Store, linjie8179, auto_transformer, ebmoto_62, kiwi-han, linajian0, adsg_tuning, faone23, tonso-0, wangmian2019, cui083, Guangzhou Abinna Commerce Trading Co., Ltd., evolution-online, car_shop1, carbon_bodykits, MountValleyClimber Store, RIDERSTORM Store, car Professional Refitting factory Store, YCMOTORSPORT, seepuelectronic, Cichiya, luggage19q, googjle, jgrfs, Shop4956005 Store, performance-tt, toyber_shop, wincarbonshop, wsr317234997, Huixing Car Accessories Store, GZ AutoTrade Store, tracs_1, h583883552, aacarfans, ebmotorcom, TTXS888, XD Autoparts Store, luggage19s, ebmotor-com, maxdevel, carbonbne-au, AutoX2, Crtch, laoli2019 and laigemotor |
| 1:2020cv06715 |
| November 12, 2020 |
| U.S. District Court for the Northern District of Illinois |
| Martha M Pacold |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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| Document Text |
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| Filing 33 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of default and for default judgment #28 is denied as to defendant aacarfans. Defendant aacarfans' unopposed motion for extension of time #32 is granted. Defendant aacarfans has until 1/20/2021 to respond to plaintiff's complaint. Any defendant objecting to plaintiff's motion for entry of default and for default judgment #28 must enter an appearance and file a written objection by 1/11/2021. If no objections are filed, the court will consider the motion unopposed as to those defendants. Plaintiff is directed to submit a proposed order in a word document to the court's proposed order inbox: ([email protected]). (rao, ) |
| Filing 32 MOTION by Defendant aacarfans for extension of time Unopposed (Urbanczyk, Adam) |
| Filing 31 ATTORNEY Appearance for Defendant aacarfans by Adam Edward Urbanczyk (Urbanczyk, Adam) |
Filing 30
ORDER: Defendants googjle at Line No. 37 and YCMOTORSPORT at Line No. 34 are hereby dismissed without prejudice pursuant to the Notice of Dismissal #27 filed by plaintiff on 12/27/2020. Signed by the Honorable Martha M. Pacold on 12/28/2020. Mailed notice (nsf, )
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| Filing 29 MEMORANDUM by HAMANN GmbH in support of motion for default judgment #28 (Attachments: #1 Exhibit 1 to Memo in Support, #2 Exhibit 2 to Memo in Support, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 28 MOTION by Plaintiff HAMANN GmbH for default judgment as to The Defendants Identified In The First Amended Schedule A (Vogt, Keith) |
| Filing 27 NOTICE of Voluntary Dismissal by All Plaintiffs (Vogt, Keith) |
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Filing 26
ORDER: Defendants No. 44 seepuelectronic; No. 17 tracs_1; and No. 26 Guangzhou Abinna Commerce Trading Co., Ltd. are hereby dismissed without prejudice pursuant to the Notice of Dismissal #25 filed by Plaintiff on 12/18/2020. Signed by the Honorable Martha M. Pacold on 12/21/2020. Mailed notice (lma, )
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| Filing 25 NOTICE of Voluntary Dismissal by All Plaintiffs (Vogt, Keith) |
| Filing 24 MINUTE entry before the Honorable Martha M. Pacold: Defendant TTXS888 at Line No. 20 is hereby dismissed without prejudice pursuant to the Notice of Dismissal #23 filed by plaintiff on 12/11/2020. TTXS888 terminated. (rao, ) |
| NEW PARTIES: aacarfans, adsg_tuning, auto_transformer, car_shop1, carbon_bodykits, carbonbne-au, cui083, ebmoto_62, ebmotorcom, ebmotor-com, evolution-online, kiwi-han, laigemotor, linajian0, performance-tt, tonso-0, toyber_shop, tracs_1, wincarbonshop, TTXS888, AutoX2, Cichiya, Crtch, maxdevel, car Professional Refitting factory Store, Guangzhou Abinna Commerce Trading Co., Ltd., GZ AutoTrade Store, Huixing Car Accessories Store, MountValleyClimber Store, RIDERSTORM Store, RODIN Racing Performance Parts Co.,Ltd Store, Shop4956005 Store, XD Autoparts Store, YCMOTORSPORT, creey, faone23, googjle, h583883552, jgrfs, laoli2019, linjie8179, luggage19q, luggage19s, seepuelectronic, wangmian2019 and wsr317234997 added to case caption. (Bu, Yi) |
| Filing 23 NOTICE of Voluntary Dismissal by All Plaintiffs (Vogt, Keith) |
| Filing 22 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Martha M. Pacold on 12/11/2020. Mailed notice (nsf, ) |
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Filing 21
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 #17 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/insructions. Signed by the Honorable Martha M. Pacold on 12/11/2020. Mailed notice(nsf, )
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| Filing 20 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 #17 under advisement and will consider the motion unopposed if no defendant appears and objects by 12/10/2020. Plaintiff is directed to email a proposed order to the court's proposed order inbox ([email protected]). (rao, ) |
| Filing 19 SUMMONS Returned Executed by HAMANN GmbH as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 12/2/2020, answer due 12/23/2020. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 18 MEMORANDUM by HAMANN GmbH in support of motion for preliminary injunction #17 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1 to Declaration of KVogt)(Vogt, Keith) |
| Filing 17 MOTION by Plaintiff HAMANN GmbH for preliminary injunction (Vogt, Keith) |
| Filing 16 MINUTE entry before the Honorable Martha M. Pacold: The motion for extension of the TRO #15 by 14 days is granted. For the reasons set forth in plaintiff's motion for extension of time #15 , and in the court's order granting the temporary restraining order #13 , good cause for the extension exists under Rule 65(b)(2). The evidence submitted shows a substantial 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. Proceeding ex parte is warranted to ensure that defendants do not modify registration data and content, change hosts, redirect traffic to other websites in their control, and move any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. Further, delays in the production of subpoenaed information are likely given the current COVID-19 public emergency. The Temporary Restraining Order is extended to 12/11/2020. (rao, ) |
| Filing 15 MOTION by Plaintiff HAMANN GmbH for extension of time PLAINTIFF'S MOTION TO EXTEND THE TEMPORARY RESTRAINING ORDER (Vogt, Keith) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (dxb, ) |
| Filing 14 TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/13/2020. (td, ) Modified on 12/11/2020 (nsf, ). |
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Filing 13
ORDER: For the reasons set forth in plaintiffs' motion, the supporting memorandum, and the temporary restraining order, Plaintiffs' motions for leave to file under seal #7 , for leave to file excess pages #8 , for temporary restraining order, including a temporary injunction, temporary asset restraint, expedited discovery, and service of process by e-mail and/or electronic publication 9 are granted. Plaintiffs' 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 plaintiffs shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiffs 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 plaintiffs assert as justification for an asset freeze), but at this preliminary stage, the court is persuaded that plaintiffs have 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. Plaintiffs 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 11/13/2020.Mailed notice (nsf, )
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| Filing 12 EMAILED trademark report to Patent Trademark Office, Alexandria VA (daj, ) |
| Filing 11 EXHIBIT by Plaintiff HAMANN GmbH Sealed Exhibit 2 to the Declaration of Christian Zierhut regarding memorandum in support of motion, #10 (Attachments: #1 Exhibit 2, Part 1, #2 Exhibit 2, Part 2)(Vogt, Keith) Modified on 12/11/2020 (nsf, ). |
| Filing 10 MEMORANDUM IN SUPPORT OF 9 EX PARTE MOTION (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-6 to Declaration of KVogt, #3 Declaration of Christian Zierhut, #4 Exhibit 1 to the Declaration of Christian Zierhut)(Vogt, Keith) |
| Filing 8 MOTION by Plaintiff HAMANN GmbH for leave to file excess pages (Vogt, Keith) |
| Filing 7 MOTION by Plaintiff HAMANN GmbH for leave to file [Certain] Documents Under Seal (Vogt, Keith) |
| Filing 6 ATTORNEY Appearance for Plaintiff HAMANN GmbH by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff HAMANN GmbH by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff HAMANN GmbH by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 EXHIBITS to complaint Schedule A by Plaintiff HAMANN GmbH Schedule A to Complaint #1 (Vogt, Keith) Modified on 12/11/2020 (nsf, ). |
| Filing 1 COMPLAINT filed by HAMANN GmbH; Filing fee $ 400, receipt number 0752-17638499. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (acm, ) |
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