NakeFit USA, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| NakeFit USA, LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", HYCY, zhengsongbing, Birthdaycake, mummum, IdealTree, Kareem Store, Li Pooh Bear, Yingming Animal Products Store Store, ygnngc HUI, Awesome Online Store, Rabbit Sister Store, Hirigin Wardrobe Store, Ailin84Li, angel tang.my, Unique Swimsuits Store, jsdhaw, BuyBest Care Store, cysn12.my, sdgryetujy, shop725750 store, Tao001, playing1995, Shop1230303 Store, yelindian, FENG YOKE STORE, qianhongguang, Lifestyle Companion, HopEFulo, chunmiaomakeups, Certained and Devil training gym Store |
| 1:2021cv00976 |
| February 22, 2021 |
| U.S. District Court for the Northern District of Illinois |
| Martha M Pacold |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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| Document Text |
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| Filing 40 MINUTE entry before the Honorable Martha M. Pacold: Defendant ygnngc HUI at Line No 18 is hereby dismissed with leave to reinstate within two hundred and seventy days (270) pursuant to the Notice of Dismissal Under Rule 41(a)(1) #36 filed by plaintiff on 4/22/2021. ygnngc HUI terminated. (rao, ) |
| Filing 39 NOTICE by NakeFit USA, LLC re MOTION by Plaintiff NakeFit USA, LLC for entry of default MOTION by Plaintiff NakeFit USA, LLC for default judgment as to all Defendants #37 (Gaudio, Justin) |
| Filing 38 MEMORANDUM by NakeFit USA, LLC in support of motion for entry of default, motion for default judgment #37 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 37 MOTION by Plaintiff NakeFit USA, LLC for entry of default , MOTION by Plaintiff NakeFit USA, LLC for default judgment as to all Defendants (Gaudio, Justin) |
| Filing 36 NOTICE of Voluntary Dismissal by NakeFit USA, LLC as to a Certain Defendant (Gaudio, Justin) |
| NEW PARTIES: Shop1230303 Store, Hirigin Wardrobe Store, Unique Swimsuits Store, Kareem Store, Awesome Online Store, Devil training gym Store, Yingming Animal Products Store Store, BuyBest Care Store, shop725750 store, mummum, Lifestyle Companion, Ailin84Li, chunmiaomakeups, jsdhaw, Rabbit Sister Store, HYCY, playing1995, ygnngc HUI, Birthdaycake, IdealTree, FENG YOKE STORE, yelindian, sdgryetujy, Certained, HopEFulo, qianhongguang, zhengsongbing, Tao001, angel tang.my, cysn12.my and Li Pooh Bear added to case caption. (Ziegler, Amy) |
Filing 35
ORDER :The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 4/1/2021. Mailed notice (mc, )
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| Filing 34 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 4/1/2021:(rao, ) |
| Filing 33 MINUTE entry before the Honorable Martha M. Pacold: 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 #29 is granted. Enter Preliminary Injunction. 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 are located on the court's website at www.ilnd.uscourts.gov/instructions. (rao, ) |
| Filing 32 MINUTE entry before the Honorable Martha M. Pacold:Plaintiff shall serve defendants with this notice. The court has taken the motion for preliminary injunction #29 under advisement and will consider the motion unopposed if no defendant appears and objects by 3/30/2021. (rao, ) |
| Filing 31 NOTICE by NakeFit USA, LLC re MOTION by Plaintiff NakeFit USA, LLC for preliminary injunction #29 (Gaudio, Justin) |
| Filing 30 MEMORANDUM by NakeFit USA, LLC in support of motion for preliminary injunction #29 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 29 MOTION by Plaintiff NakeFit USA, LLC for preliminary injunction (Gaudio, Justin) |
| Filing 28 SUMMONS Returned Executed by NakeFit USA, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 3/22/2021, answer due 4/12/2021. (Attachments: #1 Declaration of Isaku Begert)(Begert, Isaku) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (sxh, ) |
| Filing 27 EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/11/2021:(rao, ) |
| Filing 26 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motion for extension of time #23 and in the court's order granting the temporary restraining order #22 , Plaintiff's motion to extend the TRO #23 is granted. The temporary restraining order is extended to 3/25/2021. (rao, ) |
| Filing 25 NOTICE by NakeFit USA, LLC re MOTION by Plaintiff NakeFit USA, LLC for extension of time of Temporary Restraining Order #23 (Gaudio, Justin) |
| Filing 24 MEMORANDUM by NakeFit USA, LLC in support of extension of time #23 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Filing 23 MOTION by Plaintiff NakeFit USA, LLC for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| CHECK BOND in the amount of $10,000.00 posted by NakeFit USA, LLC. Receipt No. 4624253480. (ec, ) |
| Filing 22 TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 2/25/2021:(rao, ) Modified on 4/1/2021 (mc, ). |
| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, #3 , #10 , #15 , the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal #3 , for electronic service of process #15 , and for a temporary restraining order #10 , including a temporary injunction, a temporary asset restraint and expedited discovery 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 plaintiff's 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 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. 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 genuinely intends to 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. 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. (rao, ) |
| Filing 20 Notice of Claims Involving Trademarks by NakeFit USA, LLC (Gaudio, Justin) |
| Filing 19 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NakeFit USA, LLC (Gaudio, Justin) |
| Filing 18 NOTICE by NakeFit USA, LLC re MOTION by Plaintiff NakeFit USA, LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #15 , MOTION by Plaintiff NakeFit USA, LLC for leave to file Under Seal #3 , MOTION by Plaintiff NakeFit USA, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #10 (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 NakeFit USA, LLC in support of motion for miscellaneous relief #15 (Gaudio, Justin) |
| Filing 15 MOTION by Plaintiff NakeFit USA, LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 14 SEALED EXHIBIT by Plaintiff NakeFit USA, LLC Exhibit 3 regarding declaration #13 (Gaudio, Justin) |
| Filing 13 DECLARATION of Yudhi Gautam regarding memorandum in support of motion #11 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 12 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #11 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 11 MEMORANDUM by NakeFit USA, LLC in support of motion for temporary restraining order #10 (Gaudio, Justin) |
| Filing 10 MOTION by Plaintiff NakeFit USA, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 9 MAILED Trademark report to Patent Trademark Office, Alexandria VA (Attachments: #1 Exhibit)(mc, ) |
| Filing 8 ATTORNEY Appearance for Plaintiff NakeFit USA, LLC by Isaku Begert (Begert, Isaku) |
| Filing 7 ATTORNEY Appearance for Plaintiff NakeFit USA, LLC by Jake Michael Christensen (Christensen, Jake) |
| Filing 6 ATTORNEY Appearance for Plaintiff NakeFit USA, LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 5 ATTORNEY Appearance for Plaintiff NakeFit USA, LLC by Justin R. Gaudio (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff NakeFit USA, LLC for leave to file Under Seal (Gaudio, Justin) |
| Filing 2 EXHIBIT by Plaintiff NakeFit USA, LLC Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 4/1/2021 (mc, ). |
| Filing 1 COMPLAINT filed by NakeFit USA, LLC; Filing fee $ 402, receipt number 0752-17950972. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (jg, ) |
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