The Hebrew University of Jerusalem v. The Partnerships and Unincorporated Associations Identified on Schedule A
| XYZ Corporation and The Hebrew University of Jerusalem |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Crazying Art Store, top-art1980, Shop1225042 Store, pauzha0, StickerDecalSkins, bibleversewalldecals, Zopy45 Store, xcqv086_22, TemperaArtDesign, HannaMilk, Hualangge Decorative Painting Store, Kilncc Officia Store, retrovintageposter Store, NO one Fashion Wall Sticker, balaji_shopping, magnetic-a, artazarg0, Hrtrendsstore, sigma-deals325, Shop911123056 Store, bulletca, elimo2019, aknadi_26, occasion*store, HomeGreenDecor, PsychedelicDesign, MimyArtStudio, Shop910957043 Store, VADASTORE Store, maoweiba2008, shop-shamy, johnframesandgifts, Handcraftpaintingkit, Shop911226067 Store, Forhita Store, DecordsTM, MrSciScienceFactory, Artryst Official Store, CaseStudioByAnna, WowBowTies, Chmaori Beautiful Footwear Store, ARMU66shop, hediyesepeti Store, AKTAS Store, masuk_24, DreadArtist, -SuperNova Store, giftstreet_shop, vincent.norsar2018, AppliqueDecals, DecoupageMood, HdDRYoY Creativity Store, yanqi-au2014, SocksConcept Store, smart_buy_uk, HASHTAGTHREADS, emmishc_0, USener Store, PixartStore, HuiXinPainting, shirt_happens_co, Shop5876953 Store, nilart_word Store, Shop911231166 Store, Magic sky paintings Store, sanatifactory, deimena_0, MY ART DECOR Store, salvador.norsar2018, FairytaleDesignSkins, TasteOfRussia, BabyILoveUDesigns, Shop910713076 Store, Enjoys Daily Life Store, john_framesandgifts, KavunCrafts, CozzzySpot, Shop911038151 Store, PrintApp, LuckyCanvasArt, Elena Kotova, Fandomya Store, Morandi Store, Shop911051132 Store, MUG OUTLET Store, eka.store10, OliPrint, FunkyCamel, adeli_boutique, pavemiti_0, radanyaart, sosenco, rubens.norsar2018, AntonDecals, BestBuyPrints, BorisDecorParty, Shop910547078 Store, a11good and stampsruss |
| 1:2021cv01443 |
| March 16, 2021 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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| Document Text |
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| Filing 34 NOTICE of Voluntary Dismissal by The Hebrew University of Jerusalem as to certain Defendants (Carter, Alison) |
| Filing 33 NOTICE of Voluntary Dismissal by The Hebrew University of Jerusalem of Certain Defendants (Quezada, Sofia) |
| NEW PARTIES: -SuperNova Store, AKTAS Store, Artryst Official Store, Chmaori Beautiful Footwear Store, Crazying Art Store, Enjoys Daily Life Store, Fandomya Store, Forhita Store, HdDRYoY Creativity Store, hediyesepeti Store, Hualangge Decorative Painting Store, Magic sky paintings Store, Morandi Store, MUG OUTLET Store, MY ART DECOR Store, nilart_word Store, NO one Fashion Wall Sticker, retrovintageposter Store, Shop1225042 Store, Shop5876953 Store, Shop910547078 Store, Shop910713076 Store, Shop910957043 Store, Shop911038151 Store, Shop911051132 Store, Shop911123056 Store, Kilncc Officia Store, Shop911226067 Store, Shop911231166 Store, SocksConcept Store, USener Store, VADASTORE Store, Zopy45 Store, john_framesandgifts, a11good, adeli_boutique, aknadi_26, artazarg0, balaji_shopping, bibleversewalldecals, bulletca, deimena_0, eka.store10, elimo2019, emmishc_0, giftstreet_shop, johnframesandgifts, magnetic-a, maoweiba2008, masuk_24, occasion*store, pauzha0, pavemiti_0, radanyaart, rubens.norsar2018, salvador.norsar2018, shirt_happens_co, shop-shamy, sigma-deals325, smart_buy_uk, stampsruss, top-art1980, vincent.norsar2018, xcqv086_22, yanqi-au2014, AntonDecals, AppliqueDecals, ARMU66shop, BabyILoveUDesigns, BestBuyPrints, BorisDecorParty, CaseStudioByAnna, CozzzySpot, DecordsTM, DecoupageMood, DreadArtist, FairytaleDesignSkins, FunkyCamel, Handcraftpaintingkit, HannaMilk, HASHTAGTHREADS, HomeGreenDecor, Hrtrendsstore, HuiXinPainting, KavunCrafts, LuckyCanvasArt, MimyArtStudio, MrSciScienceFactory, OliPrint, PixartStore, PrintApp, PsychedelicDesign, sanatifactory, sosenco, StickerDecalSkins, TasteOfRussia, TemperaArtDesign and WowBowTies added to case caption. (Quezada, Sofia) |
| Filing 32 NOTICE of Voluntary Dismissal by The Hebrew University of Jerusalem as to a Certain Defendant (Sullivan, Ann Marie) |
| Filing 31 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 4/15/2021. Notices mailed. (psm, ) |
| Filing 30 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction #23 is granted. No defendant appeared at the hearing or objected to the motion. The evidence submitted in support of the TRO also supports the entry of a preliminary injunction. The court has reservations about the propriety of joinder but in the absence of adversarial presentation concludes that the problem of joinder does not prevent preliminary injunctive relief. The court also suspects that $10,000 is not sufficient to secure the injunction against nearly 100 defendants, but with no defendant appearing, the court accepts plaintiff's representation that the potential damage to a single defendant falls well below $10,000 based on the typical amounts restrained. In future cases of this type with 100 or more defendants, however, this court is likely to require at least $50,000 to secure its injunctions. 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/instructions. Notices mailed. Notices mailed. (psm, ) |
| Filing 29 MINUTE entry before the Honorable Manish S. Shah: Telephone hearing held on plaintiff's motion for preliminary injunction #23 . The motion remains under advisement. The court will issue a ruling via cm/ecf. Plaintiff's claims against Defendant No. 96 are voluntarily dismissed without prejudice, and Defendant No. 96 is terminated as a party to this case. Notices mailed. (psm, ) |
| Filing 28 NOTICE of Voluntary Dismissal by The Hebrew University of Jerusalem as to a Certain Defendant (Sullivan, Ann Marie) |
| Filing 27 MINUTE entry before the Honorable Manish S. Shah: Telephone hearing on plaintiff's motion for preliminary injunction is set for 4/15/2021 at 10:00 a.m. Members of the public and media may listen to these proceedings by dialing 1-888-204-5984 and using access code 9146677. Counsel of record and other essential case participants will receive an email prior to the start of the telephone hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Notices mailed. (psm, ) |
| Filing 26 NOTICE of Voluntary Dismissal by The Hebrew University of Jerusalem as to certain Defendants (Carter, Alison) |
| Filing 25 SUMMONS Returned Executed by The Hebrew University of Jerusalem as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/12/2021, answer due 5/3/2021. (Attachments: #1 Declaration of Service)(Quezada, Sofia) |
| Filing 24 MEMORANDUM by The Hebrew University of Jerusalem in support of motion for preliminary injunction #23 (Attachments: #1 Declaration in Support of Memorandum)(Quezada, Sofia) |
| Filing 23 MOTION by Plaintiff The Hebrew University of Jerusalem for preliminary injunction (Quezada, Sofia) |
| Filing 22 ANSWER to amended complaint by Elena Kotova. (ph, ) |
| Filing 21 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of the Temporary Restraining Order #19 is granted. Temporary Restraining Order is extended to 4/15/21. The court expects plaintiff to file its motion for a preliminary injunction and give notice of it to defendants by 4/12/21. Notices mailed. (psm, ) |
| Filing 20 BOND on Injunction in the amount of $ 10,000.00 posted by The Hebrew University of Jerusalem. (Document not imaged) (td, ) |
| Filing 19 MOTION by Plaintiff The Hebrew University of Jerusalem for extension of time for Temporary Restraining Order (Attachments: #1 Supplement Memorandum in Support, #2 Declaration of Ann Marie Sullivan)(Carter, Alison) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (mxo, ) |
| Filing 18 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 3/18/2021. Notices mailed. (psm, ) |
| Filing 17 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion for a temporary restraining order #12 and electronic service of process #15 are granted. 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 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 intellectual property and causes consumer confusion. 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. The court will also take a fresh look at personal jurisdiction should any defendant appear. See Rubik's Brand, Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 20-CV-5338, 2021 WL 825668, at *4 (N.D. Ill. Mar. 4, 2021). A $10,000 bond is sufficient to secure the injunctive relief, for now. The court is considering increasing the amount of security in these cases. The bond must be enough to pay the costs of any party found to have been wrongfully enjoined. Fed. R. Civ. P. 65(c). Any single defendant wrongfully enjoined may be damaged between $1,000 to $10,000 by having its assets frozen and webstores shut down for a few weeks. That would suggest that the bond in these cases should be closer to $100,000 when plaintiffs name 100 or more defendants. Plaintiff should be prepared to post additional security if it moves for a preliminary injunction. Enter Sealed TRO. Notices mailed. (psm, ) |
| Filing 16 MEMORANDUM by The Hebrew University of Jerusalem in support of motion for miscellaneous relief #15 (Attachments: #1 Declaration in Support of Memorandum, #2 Exhibit 1-4)(Sullivan, Ann Marie) |
| Filing 15 MOTION by Plaintiff The Hebrew University of Jerusalem for Electronic Service of Process (Sullivan, Ann Marie) |
| Filing 14 SEALED EXHIBIT by Plaintiff The Hebrew University of Jerusalem Exhibit 3 regarding memorandum in support of motion #13 (Sullivan, Ann Marie) |
| Filing 13 MEMORANDUM by The Hebrew University of Jerusalem in support of motion for temporary restraining order #12 (Attachments: #1 Declaration in Support of Memorandum, #2 Exhibit 1, #3 Exhibit 2)(Sullivan, Ann Marie) |
| Filing 12 MOTION by Plaintiff The Hebrew University of Jerusalem for temporary restraining order (Sullivan, Ann Marie) |
| Filing 11 SEALED EXHIBIT by Plaintiff The Hebrew University of Jerusalem Schedule A regarding amended complaint #10 (Sullivan, Ann Marie) |
| Filing 10 AMENDED complaint by The Hebrew University of Jerusalem against All Defendants (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sullivan, Ann Marie) |
| Filing 9 EMAILED Trademark Request Letter to Plaintiff's counsel Ann Marie Sullivan. (ph, ) |
| Filing 8 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for leave to proceed anonymously and to file documents under seal #6 is denied in part, granted in part. Plaintiff may not proceed anonymously and must file an amended complaint that discloses its identity. Plaintiff's concern that defendants will learn of this litigation and harm plaintiff's interests before a TRO can be entered is addressed by allowing plaintiff to file its Schedule A under seal. Plaintiffs in these types of cases routinely file public complaints that disclose their identity. If plaintiff does not file an amended complaint and correct its name in cm/ecf by 3/24/21, the case will be dismissed without prejudice for failure to comply with a court order. Plaintiff has leave to file its Schedule A and its ex parte motion for a TRO and supporting documents under seal. Notices mailed. (psm, ) |
| NEW PARTIES: The Hebrew University of Jerusalem added to case caption. Terminating XYZ Corporation (Sullivan, Ann Marie) |
| Filing 7 SEALED DOCUMENT by Plaintiff XYZ Corporation Amended Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit Schedule A)(Sullivan, Ann Marie) |
| Filing 6 MOTION by Plaintiff XYZ Corporation for leave to file Anonymously and to File Certain Documents under Seal (Sullivan, Ann Marie) |
| Filing 5 ATTORNEY Appearance for Plaintiff XYZ Corporation by Sofia Quezada (Quezada, Sofia) |
| Filing 4 ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison Carter (Carter, Alison) |
| Filing 3 ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
| Filing 2 CIVIL Cover Sheet (Sullivan, Ann Marie) |
| Filing 1 COMPLAINT filed by XYZ Corporation; Filing fee $ 402, receipt number 0752-18025199.(Sullivan, Ann Marie) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (as, ) |
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