Weifang Tengyi Jewelry Trading Co. Ltd v. Partnerships and Unincorporated Associations Identified on Schedule "A", The
Plaintiff: Weifang Tengyi Jewelry Trading Co. Ltd
Defendant: Partnerships and Unincorporated Associations Identified on Schedule "A", The
Case Number: 1:2021cv00554
Filed: January 31, 2021
Court: US District Court for the Northern District of Illinois
Presiding Judge: Manish S Shah
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 44
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2021 Filing 34 SEALED ORDER. Signed by the Honorable Manish S. Shah on 3/31/2021. Notices mailed. (psm, )
March 31, 2021 Filing 33 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's renewed motion for expedited discovery #32 is granted in part. Plaintiff has good cause to conduct discovery to identify defendants because the only way to pursue its claim is to issue some discovery to learn the identities of the otherwise largely anonymous defendants. But plaintiff does not have good cause to conduct early merits discovery, that is, to use the court's discovery processes to investigate the scope of defendants' conduct. Because plaintiff has not offered evidence in support of a preliminary injunction or temporary restraining order, the court has no basis to conclude that there is any likelihood of success and that an order requiring defendants or third parties to disclose an accounting of sales or the breadth of defendants' conduct is necessary before the parties have joined issue. Plaintiff has made a showing that defendants may conceal themselves or assets but that only justifies early discovery to identify defendants and the sealing of Schedule A. Identifying defendants' financial accounts is part of identifying defendants and is included within identifying information that may be disclosed. The early discovery order is issued under seal, but may be served on third parties who are under no obligation to maintain secrecy of the order. Enter order. Notices mailed. (psm, )
March 30, 2021 Filing 32 MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd for discovery Renewed Motion for Expedited Discovery and Incorporated Memorandum of Law, MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd to seal document (Expedited Discovery Order) (Attachments: #1 Exhibit Unreported Cases)(Banister, Larry)
February 10, 2021 Filing 31 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for expedited early discovery and to seal #30 is granted in part, denied without prejudice in part. The Corrected Schedule A and the Exhibits to the Declaration of Teng Guangyao, #9 and #11 through #29 , may be filed under seal because if they were publicly disclosed before plaintiff identified defendants and assets, plaintiff would suffer irreparable harm by defendants redirecting their websites, concealing their identities, and moving assets. But the request for early discovery is denied without prejudice to renewal. Plaintiff may have good cause to conduct some early discovery of third parties to identity defendants, but plaintiff must explain more precisely what third parties it intends to subpoena, whether the third parties are subject to the court's subpoena power, and what specific requests plaintiff intends to make in a subpoena. The Court notes that it is not persuaded that the defendants listed in Schedule A are properly joined, and discovery should not be used to investigate information that should be known before filing a lawsuit. The similarity across websites does not suggest coordination any more than it suggests mere copying. The latter is not proof that defendants are engaged in the same series of transactions, as opposed to acting independently. Plaintiff's claim that defendants are in constant communication with each other is only on information and belief and the declaration offers no basis to credit that assertion in this case. Plaintiff offers no explanation for how it drew a line to select the 255 defendants it thinks are working together. The court is concerned that imposing discovery obligations on third parties on such a bare record would be unnecessarily burdensome. Plaintiff has leave to file a renewed motion for early discovery. Notices mailed. (psm, )
February 10, 2021 Filing 30 MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd for discovery Expedited, MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd to seal document sealed document #15 , sealed document #11 , sealed document #17 , sealed document #29 , sealed document #23 , sealed document #22 , sealed document #27 , sealed document #24 , sealed document #12 , sealed document #20 , sealed document #25 , sealed document #13 , sealed document #9 , sealed document #16 , sealed document #14 , sealed document #26 , sealed document #19 , sealed document #21 , sealed document #28 , sealed document #18 (Attachments: #1 Exhibit Unreported Cases)(Banister, Larry)
February 10, 2021 Filing 29 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. T to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 28 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. S to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 27 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. R to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 26 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. Q to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 25 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. P to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 24 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. O to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 23 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. N to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 22 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. M to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 21 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. L to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 20 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. K to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 19 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. J to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 18 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. I to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 17 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. H to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 16 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. G to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 15 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. F to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 14 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. E to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 13 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. D to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 12 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. C to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 11 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Ex. B to Declaration of Teng Guangyao [Doc. 10] (Banister, Larry)
February 10, 2021 Filing 10 DECLARATION of Teng Guangyao (Attachments: #1 Exhibit ULOVEIDO Trademark Registration Certificate)(Banister, Larry)
February 9, 2021 Filing 9 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Corrected Schedule A Initially filed at Doc. 4 (Banister, Larry)
February 3, 2021 Filing 8 MINUTE entry before the Honorable Manish S. Shah: The motion to file Schedule A under seal #6 is granted, subject to the court's review of plaintiff's forthcoming motion for a temporary restraining order. The court notes that it has concerns about the propriety of joinder and the court expects a concrete demonstration that all defendants are properly joined. The court is dubious that defendant number 239 is properly joined or should be subject to the kinds of injunctions that are issued in these types of cases. Notices mailed. (psm, )
February 1, 2021 Filing 7 MAILED Trademark report to Patent Trademark Office, Alexandria VA,. (nsf, )
February 1, 2021 Filing 6 MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd to seal Schedule A (McElvenny, Charles)
February 1, 2021 Filing 5 ATTORNEY Appearance for Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd by Charles Edward McElvenny (McElvenny, Charles)
February 1, 2021 Filing 4 SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Schedule A (Banister, Larry)
February 1, 2021 CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (sxh, )
January 31, 2021 Filing 3 ATTORNEY Appearance for Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd by Larry Ford Banister, II (Banister, Larry)
January 31, 2021 Filing 2 CIVIL Cover Sheet (Banister, Larry)
January 31, 2021 Filing 1 COMPLAINT filed by Weifang Tengyi Jewelry Trading Co. Ltd; JURY DEMAND. Filing fee $ 402, receipt number 0752-17881674. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Banister, Larry)

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Plaintiff: Weifang Tengyi Jewelry Trading Co. Ltd
Represented By: Charles Edward McElvenny
Represented By: Larry Ford Banister, II
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