Luke Combs v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Luke Combs |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", jamiesdecals, kekirk90, oco_2289, tranggshop-99, ksxq8048, difur18, 91makh_15, loltees, Rodney L Robbins, lawrj.mu-0, lifeng2458, carlyspr-71, Julie LeeW, geoburaider838, GSV K KING, riobigbigboy8, signs88, CUTIEE, azfi04, super_junior_19, tradersage62, burud-10, joda_2001, Donna M Walker, annie1021, charitysc93, boomdeal1986, DesireJCuaes, nguye_8931, monmu-9921, saktil73, joma614856, jacqdel_57, vvo5-26, melle9642, Ivy D Walker, tu-766, jetsfan1113, ngumy31, AMELIE BOWEN, scho-5328, simpledesignsnmore, felicia4940, verda-41, antso_7057, hive73, aliel6363, Holiday DIY, merchant1122464, us_supplier9293, Paul L Morefields, wandhers0, zulianmarth0, sufusu, racdut_19 and tiangongzaowu |
| 1:2021cv02007 |
| April 14, 2021 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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| Document Text |
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| Filing 37 MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for default judgment must be filed by 6/14/21. If no objections are filed, the motion will be considered unopposed. Notices mailed. (psm, ) |
| Filing 36 NOTICE of Voluntary Dismissal by All Plaintiffs (Vogt, Keith) |
| Filing 35 MEMORANDUM by Luke Combs in support of motion for default judgment #34 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 34 MOTION by Plaintiff Luke Combs for default judgment as to The Defendants Identified In The First Amended Schedule A (Vogt, Keith) |
| Filing 33 NOTICE of Voluntary Dismissal by Luke Combs as to Certain Defendants (Vogt, Keith) |
| NEW PARTIES: GSV K KING, Donna M Walker, Julie LeeW, lifeng2458, Rodney L Robbins, sufusu, AMELIE BOWEN, DesireJCuaes, Ivy D Walker, CUTIEE, Holiday DIY, Paul L Morefields, 91makh_15, aliel6363, annie1021, antso_7057, azfi04, boomdeal1986, burud-10, carlyspr-71, charitysc93, difur18, felicia4940, geoburaider838, hive73, jacqdel_57, jamiesdecals, jetsfan1113, joda_2001, joma614856, kekirk90, ksxq8048, lawrj.mu-0, loltees, melle9642, merchant1122464, monmu-9921, ngumy31, nguye_8931, oco_2289, racdut_19, riobigbigboy8, saktil73, scho-5328, signs88, simpledesignsnmore, super_junior_19, tiangongzaowu, tradersage62, tranggshop-99, tu-766, us_supplier9293, verda-41, vvo5-26, wandhers0 and zulianmarth0 added to case caption. (Bu, Yi) |
| Filing 32 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 6/1/2021. Notices mailed. (psm, ) |
| Filing 31 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction #26 is granted. No defendant has appeared or objected to the motion. The evidence submitted in support of the TRO also supports the entry of a preliminary injunction. 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. (psm, ) |
| Filing 30 SURETY BOND in the amount of $ 10,000.00 posted by Luke Combs. (Document not imaged) (td, ) |
| Filing 29 MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction must be properly filed by 5/19/21. If no objections are filed the motion will be considered unopposed. Notices mailed. (psm, ) |
| Filing 28 SUMMONS Returned Executed by Luke Combs as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 5/13/2021, answer due 6/3/2021. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 27 MEMORANDUM by Luke Combs in support of motion for preliminary injunction #26 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 26 MOTION by Plaintiff Luke Combs for preliminary injunction (Vogt, Keith) |
| Filing 25 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #24 is granted. The temporary restraining order is extended to 5/28/21. Notices mailed. (psm, ) |
| Filing 24 MOTION by Plaintiff Luke Combs for extension of time for TRO (Vogt, Keith) |
| Filing 23 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 4/30/2021. Notices mailed. (psm, ) |
| Filing 22 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's renewed ex parte motion for a temporary restraining order, asset restraint, and expedited discovery 21 is 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. 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, joinder, and personal jurisdiction. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed TRO. Notices mailed. (psm, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (cp, ) |
| Filing 20 MINUTE entry before the Honorable Manish S. Shah: Plaintiff filed an amended complaint and an amended exhibit, and submitted a revised proposed order, but plaintiff must also file a new motion for a TRO before the court will consider entering such relief. Notices mailed. (psm, ) |
| Filing 19 SEALED EXHIBIT by Plaintiff Luke Combs Corrected Sealed Exhibit 2 to the Declaration of Christopher T. Kappy regarding exhibit, #12 , memorandum in support of motion, #11 (Vogt, Keith) |
| Filing 18 SEALED DOCUMENT by Plaintiff Luke Combs Amended Schedule A to Amended Complaint #17 (Vogt, Keith) |
| Filing 17 FIRST AMENDED complaint by Luke Combs against The Partnerships and Unincorporated Associations Identified on Schedule "A" (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Vogt, Keith) |
| Filing 16 MINUTE entry before the Honorable Manish S. Shah: The motions to seal #8 and to file excess pages #9 are granted. The motion for a temporary restraining order and other relief 10 is denied without prejudice. As the court mentioned in the docket entry dated 4/15/21, it doubts that joinder of all defendants is appropriate here. Having reviewed the approximately 4,888 pages of evidence submitted in support of the TRO, the court sees no limiting principle to plaintiff's approach to joinder. If plaintiff insists on pursuing its complaint against the 587 defendants listed in its Schedule A, plaintiff must file a memorandum justifying joinder and must offer some evidence beyond similarity of websites and product to explain how all defendants are engaged in the same transaction or occurrence. Plaintiff is further advised that if the court granted temporary or preliminary injunctive relief against over 500 defendants, it would likely require security in the amount of at least $1,000,000. Alternatively, plaintiff can file an amended complaint and revised sealed Schedule A to present a case that has some reasonable prospect of being fairly evaluated by a court. Plaintiff can file a renewed TRO motion along with its memorandum in support of joinder or amended complaint. Plaintiff's memorandum or amended complaint is due by 5/3/21. Notices mailed. (psm, ) |
| Filing 15 MAILED trademark report to Patent Trademark Office, Alexandria VA. (rc, ) |
| Filing 14 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (rc, ) |
| Filing 13 MINUTE entry before the Honorable Manish S. Shah: The court is doubtful that joinder of 587 defendants is appropriate in this case (and other cases like it). The court assumes Plaintiff plans on seeking preliminary injunctive relief. In its moving papers plaintiff must demonstrate, and not with a guess, how every defendant is connected to the others through the same series of transactions or occurrences. See Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 190 (N.D. Ill. 2020). Notices mailed. (psm, ) |
| Filing 12 SEALED EXHIBIT by Plaintiff Luke Combs Sealed Exhibit 2 to the Declaration of Christopher T. Kappy regarding memorandum in support of motion, #11 (Attachments: #1 Exhibit 2, Part 1, #2 Exhibit 2, Part 2, #3 Exhibit 2, Part 3, #4 Exhibit 2, Part 4)(Vogt, Keith) |
| Filing 11 MEMORANDUM In Support of 10 Ex Parte Motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-5, Declaration of KVogt, #3 Declaration of Christopher T. Kappy, #4 Exhibit 1, Declaration of Christopher T. Kappy)(Vogt, Keith) |
| Filing 9 MOTION by Plaintiff Luke Combs for leave to file excess pages (Vogt, Keith) |
| Filing 8 MOTION by Plaintiff Luke Combs for leave to file [Certain] Documents Under Seal (Vogt, Keith) |
| Filing 7 ATTORNEY Appearance for Plaintiff Luke Combs by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Luke Combs by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Luke Combs by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Luke Combs by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Luke Combs Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Luke Combs; Filing fee $ 402, receipt number 0752-18126021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (crl, ) |
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