NBA Properties, Inc. et al v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| The Regents of the University of California, NHL Enterprises, L.P., NFL Properties LLC, Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., NBA Properties, Inc. and Major League Baseball Properties, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule "A" and Smootbiso |
| 1:2020cv07543 |
| December 18, 2020 |
| U.S. District Court for the Northern District of Illinois |
| John F Kness |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
This docket was last retrieved on July 15, 2021. A more recent docket listing may be available from PACER.
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Filing 45
SUMMONS Returned Executed by Collegiate Licensing Company, LLC, Major League Baseball Properties, Inc., The Regents of the University of California, MLB Advanced Media, L.P., NBA Properties, Inc., NHL Enterprises, L.P., NFL Properties LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 2/5/2021, answer due 2/26/2021. (Attachments: #1 Declaration of Jake M. Christensen)(Christensen, Jake)
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Filing 44
NOTICE by Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California re MOTION by Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California for preliminary injun #42 (Gaudio, Justin)
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Filing 43
MEMORANDUM by Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California in support of motion for preliminary injunction, #42 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin)
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Filing 42
MOTION by Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California for preliminary injunction (Gaudio, Justin)
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Filing 41
NOTICE of Voluntary Dismissal by Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California as to certain defendant (Martin, Allyson)
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Filing 40
NOTICE of Voluntary Dismissal by Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California as to certain defendant (Martin, Allyson)
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Filing 39
EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 1/26/2021. Mailed notice(ef, )
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Filing 38
MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to extend the temporary restraining order #35 is granted. Enter order. Mailed notice (ef, )
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (jg, )
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Filing 37
NOTICE by Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California re MOTION by Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California for extension of time #35 (Gaudio, Justin)
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Filing 36
MEMORANDUM by Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California in support of extension of time, #35 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin)
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Filing 35
MOTION by Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California for extension of time of Temporary Restraining Order (Gaudio, Justin)
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BOND in the amount of $ 10,000 posted by Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California, receipt #4624251671 (kl, )
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Filing 34
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 1/13/2021. (td, )
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Filing 33
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal #3 , ex parte motion for a temporary restraining order #9 , and motion for electronic service of process #22 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 #2 and [13-15]. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, 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 transfer of domain names 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, )
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Filing 32
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jh, )
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Filing 31
MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, )
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Filing 30
Notice of Claims Involving Trademarks by Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California (Gaudio, Justin)
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Filing 29
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NHL Enterprises, L.P. (Gaudio, Justin)
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Filing 28
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NFL Properties LLC (Gaudio, Justin)
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Filing 27
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NBA Properties, Inc. (Gaudio, Justin)
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Filing 26
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by MLB Advanced Media, L.P. (Gaudio, Justin)
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Filing 25
NOTICE by Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California re MOTION by Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of Californiafor Electronic Service #22 , MOTION by Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California for leave to file u #3 , MOTION by Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California for temporary restrai #9 (Gaudio, Justin)
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Filing 24
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion, #23 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin)
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Filing 23
MEMORANDUM by Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California in support of motion for miscellaneous relief, #22 (Gaudio, Justin)
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Filing 22
MOTION by Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of Californiafor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin)
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Filing 21
DECLARATION of Cynthia Joyce Holmes regarding memorandum in support of motion, #10 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin)
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Filing 20
DECLARATION of Thomas H. Prochnow regarding memorandum in support of motion, #10 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin)
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Filing 19
DECLARATION of Dolores F. DiBella regarding memorandum in support of motion, #10 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin)
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Filing 18
DECLARATION of Ayala Deutsch regarding memorandum in support of motion, #10 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin)
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Filing 17
DECLARATION of Tanya Fickenscher Leonard regarding memorandum in support of motion, #10 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin)
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Filing 16
DECLARATION of Lindsay Victor regarding memorandum in support of motion, #10 (Attachments: #1 Exhibit 1)(Gaudio, Justin)
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Filing 15
SEALED EXHIBIT by Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California Exhibit 2 regarding declaration #12 (Gaudio, Justin)
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Filing 14
SEALED EXHIBIT by Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California Exhibit 1 - Parts 11-17 regarding declaration #12 (Attachments: #1 Exhibit 1-11, #2 Exhibit 1-12, #3 Exhibit 1-13, #4 Exhibit 1-14, #5 Exhibit 1-15, #6 Exhibit 1-16, #7 Exhibit 1-7)(Gaudio, Justin)
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Filing 13
SEALED EXHIBIT by Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California Exhibit 1 - Parts 1-10 regarding declaration #12 (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3, #4 Exhibit 1-4, #5 Exhibit 1-5, #6 Exhibit 1-6, #7 Exhibit 1-7, #8 Exhibit 1-8, #9 Exhibit 1-9, #10 Exhibit 1-10)(Gaudio, Justin)
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Filing 12
DECLARATION of Lindsay Conn regarding memorandum in support of motion, #10 (Gaudio, Justin)
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Filing 11
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion, #10 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin)
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Filing 10
MEMORANDUM by Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California in support of motion for temporary restraining order, #9 (Gaudio, Justin)
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Filing 9
MOTION by Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin)
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Filing 8
ATTORNEY Appearance for Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California by Jake Michael Christensen (Christensen, Jake)
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Filing 7
ATTORNEY Appearance for Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California by Allyson M. Martin (Martin, Allyson)
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Filing 6
ATTORNEY Appearance for Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California by Amy Crout Ziegler (Ziegler, Amy)
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Filing 5
ATTORNEY Appearance for Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California by Justin R. Gaudio (Gaudio, Justin)
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Filing 4
CIVIL Cover Sheet (Gaudio, Justin)
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Filing 3
MOTION by Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California for leave to file under seal (Gaudio, Justin)
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Filing 2
SEALED EXHIBIT by Plaintiffs Collegiate Licensing Company, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC, NHL Enterprises, L.P., The Regents of the University of California Schedule A regarding complaint, #1 (Gaudio, Justin)
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Filing 1
COMPLAINT filed by Collegiate Licensing Company, LLC, Major League Baseball Properties, Inc., The Regents of the University of California, MLB Advanced Media, L.P., NBA Properties, Inc., NHL Enterprises, L.P., NFL Properties LLC; Filing fee $ 402, receipt number 0752-17759892. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Gaudio, Justin)
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CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (as, )
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