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 |
| 1:2020cv06876 |
| November 20, 2020 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Trademark |
| 15 U.S.C. § 44 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 13, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction shall be filed by 1/19/21. If no objections are filed, the motion will be considered unopposed, and the court will issue a ruling by cm/ecf. Notices mailed. (psm, ) |
| Filing 25 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #23 (Hierl, Michael) |
| Filing 24 MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction #23 (Hierl, Michael) |
| Filing 23 MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| Filing 22 SURETY BOND in the amount of $ 10,000.00 posted by Emoji Company GmbH (Document not scanned). (lw, ) |
| Filing 21 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of the temporary restraining order 20 is granted. Plaintiff has demonstrated good cause to extend the TRO to obtain compliance from third parties and to avoid irreparable harm to plaintiff. The TRO is extended to 1/13/21. Notices mailed. (psm, ) |
| Filing 19 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 12/16/2020. Notices mailed. (psm, ) |
| Filing 18 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal #5 and motion for excess pages #7 , are granted and the motion for a temporary restraining order, expedited discovery, and electronic service of process #8 is granted in part. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a strong likelihood of success on the merits (including evidence of active infringement of plaintiff's intellectual property and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its marks. Those rights cannot be fully compensated by money damages. 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 is an effective, perhaps the most effective, way to communicate with defendants. The court has doubts about the propriety of joinder and whether plaintiff genuinely intends to pursue an accounting (justifying an asset freeze), but at this preliminary stage the court is persuaded that plaintiff has sufficient indicia of coordinated activity and prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze and joinder. A $10,000 bond is sufficient to secure the injunctive relief. The court declines to enter any domain name transfer because no defendant domain names are listed in Schedule A and the court concludes that plaintiff included proposed language and argument by cutting and pasting from other cases without support from the facts of the case. Court staff advised plaintiff's counsel that the court would not enter a domain name transfer order in cases where no domain names are listed in Schedule A. Plaintiff's counsel is directed to stop submitting proposed orders that cut and paste from other cases without regard to the specifics of this case. Preliminary equitable relief is extraordinary relief and not to be treated cavalierly just because these cases have become routine. Enter Sealed Temporary Restraining Order. Notices mailed. (psm, ) |
| Filing 17 STATUS Report by Emoji Company GmbH (Hierl, Michael) |
| Filing 16 MAILED Trademark report to Patent Trademark Office, Alexandria VA (Attachments: #1 Exhibit)(mc, ) |
| 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 0752-17666776. (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (ng, ) |
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| Plaintiff: Emoji Company GmbH | |
| Represented By: | Michael A. Hierl |
| Represented By: | William Benjamin Kalbac |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
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