Zuru (Singapore) Pte., Ltd. et al v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Zuru Inc., Zuru (Singapore) Pte., Ltd. and Zuru LLC |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, Funny Childhood Store, U[4145352516], hengtonghuan toy Store, dealareashowstore, kuncseller, Hebei Guohua Latex Products Co., Ltd., backb, autoleopard, Childhood Store, rafiqmik, Babygifts Store, tangtangaw5, Dongguan Xinxin Balloon Co., Ltd., Saluty, XiangYueLi, easyshopping66, wishine20182018, hvi274, auwoodfashion, yuhappystore, gh-boutique, enjoy_urlife, tai 007 Store, lineswish2016, Doe 50 millionbillion, fashion1994131, TBUPOP, Rongtuo coin badge store, Xiamen MINE Trading Co., Ltd., Adavaslb, Doe 470 onsalezone2012, funzone123, hotdeal320, spraypaint, Hebei Tongle Latex Products Co., Ltd., fashionseller2015, boyazh-30, Nicedealword, dealmybest, chuankangnet, Happiness Toy Store, xyld Store, Fcoson, Quanzhou Licheng Hongfa Plastic & Hardware Products Factory, heavenvendor, mt4speed, auckland0806, gue799, bestsale_uk2, Shop3684049 Store, loooewen, Bang-Bang Store, Flyima toy Store, rcune96, wondersalesnow, PeleusTech, candygirljewelry, YCZTXSJT, phongi52, FangCao Store, color wishes BP Store, perfectdeals_83, Yiwu Yizhi Toy Factory, U[3893532166], jxhzmy, xiangen, Top rate store, Flora Electronics Co.,Limited, heart_time, yaazan-4, ciusdasstore2018, TorLer Gears, Akun Haibu, lee0718, Yeahui Lighting Store, rshop777, Mozarine, niceluckystore, CYN Store, yaoxueyu2017, liebtjulia, My squishy Store, guangzhoushijindajiemaoyiyouxiangong si, LHEI, maddif, kokochoko, Baoding Auge Fashion Business And Trading Company, Shenzhen Twosuccess Electronic Co., Ltd. (Plus), grandshine108, hengtonghuan, Eaglecam, Hebei Shuangli Packaging Products Co., Ltd., homebuyseller, WellWin Kitchen Supplies Store, Shandong PT International Trade Co., Ltd., Dropshipping Store, damti-land, Whenear, pannow, Bomach, f2toystore, benefit-X, TaoYuXuan Store, Shijiazhuang Sogood Technology Co., Ltd., Homefun Store, ideasforlife, Kawaii Toym Store, D[s111155528], godhappystore, FYIJURT OaQ, bingmagic001, Children hobby gift Store, nockbuster2012, Nim Global, FenglinTech, hee2-fashion, xaioran, lusso_dzire, link-world, Unin Store, huyduca57, RAEEBTT Child Store, solutions_4you, Godr, Beijing Working Tech. Science. Cop., Ltd, qia756, Ningbo Hojo Fashion Crafts Co., Ltd., pina-4083, VionStore, justforyou520, Yiwu Chu Tai Art & Crafts Co., Ltd., windowew, U[3352534609], Shantou AiXing Trading Co., Ltd., wanwan4256, szblnsm, loypi and usaviralshop |
| 1:2021cv02180 |
| April 22, 2021 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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This docket was last retrieved on June 21, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 53 MEMORANDUM in support to Motion to quash service and to dismiss (Qin, Binwu) |
| Filing 52 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Eaglecam 1:21-cv-02180 (Qin, Binwu) |
| Filing 51 Defendant's ANSWER to Complaint 1:21-cv-2180 by Eaglecam(Qin, Binwu) |
| Filing 50 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18369196. 1:21-cv-02180 (Qin, Binwu) |
Filing 49
ORDER: Defendants No. 90 chuankangnet; No. 93 Fenglin Tech; and No. 105 PeleusTech are hereby dismissed without prejudice pursuant to the Notice of Voluntary Dismissal #47 filed by Plaintiffs on 6/17/2021. Signed by the Honorable Martha M. Pacold on 6/17/2021. Mailed notice (aee, )
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| Filing 48 SUMMONS Returned Executed by Zuru LLC, Zuru (Singapore) Pte., Ltd., Zuru Inc. as to All Plaintiffs. (Thompson, James) |
| Filing 47 NOTICE of Voluntary Dismissal by All Plaintiffs (Thompson, James) |
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Filing 46
ORDER: Defendants No. 94 Flora Electronics Co., Limited; and No. 111 Unin Store are hereby dismissed without prejudice pursuant to the Notice of Voluntary Dismissal #45 filed by Plaintiff on 6/15/2021. Signed by the Honorable Martha M. Pacold on 6/16/2021. Mailed notice (aee, )
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| Filing 45 NOTICE of Voluntary Dismissal by All Plaintiffs Plaintiffs' Notice of Voluntary Dismissal of Certain Defendants (Thompson, James) |
| Filing 44 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' ex parte motion to extend TRO #42 is stricken as it was filed under the wrong case number. (rao, ) |
| Filing 43 ATTORNEY Appearance for Defendant Flora Electronics Co.,Limited by Ruoting Men (Men, Ruoting) |
| Filing 42 MOTION by Plaintiffs Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC for extension of time Plaintiffs' Ex Parte Motion to Extend Temporary Restraining Order (Thompson, James) |
| Filing 41 ATTORNEY Appearance for Defendant Flora Electronics Co.,Limited by Tianyu Ju (Ju, Tianyu) |
| Filing 40 ATTORNEY Appearance for Defendant Flora Electronics Co.,Limited by Tao Liu (Liu, Tao) |
| NEW PARTIES: Baoding Auge Fashion Business And Trading Company, Childhood Store, Children hobby gift Store, color wishes BP Store, CYN Store, dealmybest, Dongguan Xinxin Balloon Co., Ltd., Flyima toy Store, Funny Childhood Store, funzone123, Hebei Guohua Latex Products Co., Ltd., Hebei Shuangli Packaging Products Co., Ltd., Hebei Tongle Latex Products Co., Ltd., Kawaii Toym Store, kuncseller, loypi, Ningbo Hojo Fashion Crafts Co., Ltd., Quanzhou Licheng Hongfa Plastic & Hardware Products Factory, RAEEBTT Child Store, Shandong PT International Trade Co., Ltd., Shantou AiXing Trading Co., Ltd., Shenzhen Twosuccess Electronic Co., Ltd. (Plus), Shijiazhuang Sogood Technology Co., Ltd., tai 007 Store, WellWin Kitchen Supplies Store, Xiamen MINE Trading Co., Ltd., xyld Store, Yeahui Lighting Store, Yiwu Chu Tai Art & Crafts Co., Ltd., Yiwu Yizhi Toy Factory, auckland0806, autoleopard, auwoodfashion, backb, bestsale_uk2, bingmagic001, boyazh-30, candygirljewelry, ciusdasstore2018, damti-land, dealareashowstore, easyshopping66, enjoy_urlife, f2toystore, fashion1994131, fashionseller2015, gh-boutique, godhappystore, grandshine108 and gue799 added to case caption. (Thompson, James) |
| NEW PARTIES: heart_time, heavenvendor, hee2-fashion, homebuyseller, hotdeal320, huyduca57, hvi274, ideasforlife, justforyou520, jxhzmy, kokochoko, liebtjulia, lineswish2016, link-world, loooewen, lusso_dzire, Doe 50 millionbillion, mt4speed, niceluckystore, nockbuster2012, Doe 470 onsalezone2012, perfectdeals_83, phongi52, pina-4083, qia756, rafiqmik, rcune96, rshop777, solutions_4you, tangtangaw5, usaviralshop, wishine20182018, wondersalesnow, yaazan-4, yaoxueyu2017, yuhappystore, Adavaslb, benefit-X, Bomach, chuankangnet, Eaglecam, Fcoson, FenglinTech, Flora Electronics Co.,Limited, FYIJURT OaQ, Godr, guangzhoushijindajiemaoyiyouxiangong si, hengtonghuan, LHEI, maddif, Mozarine, Nicedealword, Nim Global, pannow, PeleusTech, Saluty, spraypaint, szblnsm, TBUPOP, TorLer Gears, Unin Store, VionStore, Whenear, windowew, xaioran, xiangen, XiangYueLi, YCZTXSJT, Akun Haibu, wanwan4256 and lee0718 added to case caption. (Thompson, James) |
| Filing 39 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Martha M. Pacold on 6/2/2021. Mailed notice (aee, ) |
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Filing 38
ORDER: No defendant has filed an objection to the entry of a preliminary injunction. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiffs' motion for preliminary injunction #25 is granted. Enter Preliminary Injunction Order. The Clerk of Court is directed to unseal any previously sealed documents in this matter. Plaintiffs' 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. Signed by the Honorable Martha M. Pacold on 6/2/2021. Mailed notice (aee, )
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| Filing 37 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for preliminary injunction #25 remains under advisement. Plaintiffs are directed to submit a proposed order to the court's proposed order inbox (proposed_order_pacold@ilnd.uscourts.gov) by 6/2/2021. (rao, ) |
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Filing 36
ORDER ON PLAINTIFFS' EX PARTE MOTION TO EXTEND TEMPORARY RESTRAINING ORDER BEYOND 28 DAYS Signed by the Honorable Martha M. Pacold on 5/28/2021:(rao, )
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| Filing 35 MINUTE entry before the Honorable Martha M. Pacold: Motion hearing held on 5/28/2021. Plaintiffs' ex parte motion to extend Temporary Restraining Order #30 is granted for the reasons stated on the record. (rao, ) |
| Filing 34 MINUTE entry before the Honorable Martha M. Pacold: Telephonic motion hearing on Plaintiffs' motion for temporary restraining order #30 set for 5/28/2021 at 10:00 a.m. Counsel should be prepared to address H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Dial toll-free call-in number: (888) 684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against recording and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions deemed necessary by the Court. (rao, ) |
|
Filing 33
ORDER: Defendant No. 120 Babygifts Store; No. 121 Bang-Bang Store; No. 122 Beijing Working Tech. Science. Cop., Ltd; No. 123 D[s111155528]; No. 124 Dropshipping Store; No. 125 FangCao Store; No. 126 Happiness Toy Store; No. 127 Hengtonghuan toy store; No. 128 Homefun Store; No. 129 My squishy Store; No. 130 Rongtuo coin badge store; No. 131 Shop3684049 Store; No. 132 TaoYuXuan Store; No. 133 Top rate store; No. 134 U 3352534609 ; No. 135 U 3893532166 ; and No. 136 U 4145352516 are hereby dismissed without prejudice pursuant to the Notice of Voluntary Dismissal #32 filed by Plaintiffs on 5/26/2021. Signed by the Honorable Martha M. Pacold on 5/26/2021. Mailed notice (aee, )
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| Filing 32 NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Defendants (Thompson, James) |
| Filing 31 MEMORANDUM by Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC in support of motion for temporary restraining order #30 Memorandum In Support of Plaintiffs' Ex Parte Motion to Extend Temporary Restraining Order (Thompson, James) |
| Filing 30 MOTION by Plaintiffs Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC for temporary restraining order Plaintiffs' Ex Parte Motion to Extend Temporary Restraining Order (Thompson, James) |
| Filing 29 ATTORNEY Appearance for Plaintiffs Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC by James L. Thompson (Thompson, James) |
| Filing 28 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for withdrawal and substitution of counsel #24 is granted. William Edward Walsh is granted leave to withdraw his appearance and James L. Thompson is granted leave to file his appearance on behalf of plaintiffs. Plaintiffs shall serve all defendants with this notice. The court has taken the motion for preliminary injunction #25 under advisement and will consider the motion unopposed if no defendant appears and objects by 6/1/2021. William Edward Walsh terminated. (rao, ) |
| Filing 27 DECLARATION of James Thompson regarding motion for preliminary injunction #25 (Walsh, William) |
| Filing 26 MEMORANDUM by Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC in support of motion for preliminary injunction #25 (Walsh, William) |
| Filing 25 MOTION by Plaintiffs Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC for preliminary injunction (Plaintiffs' Motion for Entry of a Preliminary Injunction) (Walsh, William) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (crl, ) |
| Filing 24 MOTION by Plaintiffs Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC to withdraw Plaintiffs' Motion for Withdrawal and Substitution of Counsel (Walsh, William) |
| Filing 23 CERTIFICATE of Service by Plaintiffs Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC Certificate of Service of Mediation Program Documents (Walsh, William) |
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Filing 22
ORDER EXTENDING TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 5/11/2021:(rao, )
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| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' ex parte motion to extend the temporary restraining order #17 is granted. For the reasons set forth in plaintiffs' supporting memorandum of law #18 and in the court's prior order granting the temporary restraining order #13 , good cause exists for a 14-day extension under Federal Rule of Civil Procedure 65(b)(2). The Temporary Restraining Order is extended to and including 5/25/2021. (rao, ) |
| Filing 20 MINUTE entry before the Honorable Martha M. Pacold: The court takes plaintiffs' ex parte motion to extend temporary restraining order #17 under advisement. Plaintiffs are directed to submit a proposed order to the court's proposed order inbox (proposed_order_pacold@ilnd.uscourts.gov) by 5/11/2021. (rao, ) |
| Filing 19 DECLARATION of William E. Walsh regarding motion for miscellaneous relief #17 (Declaration of William B. Walsh in Support of Plaintiffs' Ex Parte Motion to Extend Temporary Restraining Order) (Walsh, William) |
| Filing 18 MEMORANDUM by Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC in support of motion for miscellaneous relief #17 (Walsh, William) |
| Filing 17 MOTION by Plaintiffs Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLCto Extend Temporary Restraining Order (Ex Parte Motion to Extend Temporary Restraining Order) (Walsh, William) |
| Filing 16 REGISTRY Deposit Information Form by Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC. (aee, ) |
| BOND in the amount of $ 10,000.00, cashier's check, Receipt No.: 4624256030, posted by Dentons US LLP, on behalf of Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC (cp, ) |
| Filing 15 SEALED EXHIBIT by Plaintiffs Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC (Exhibit 1 to the Declaration of Jessica Arnaiz) (Attachments: #1 Exhibit 1-B, #2 Exhibit 1-C)(Walsh, William) |
| Filing 14 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 4/27/2021:(rao, ) |
| Filing 13 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion to exceed page limitation #8 is granted. For the reasons set forth in plaintiffs' motions and supporting memoranda #6 , #7 and the temporary restraining order, plaintiffs' motions for leave to file under seal #6 , for a temporary restraining order, including a temporary injunction, a temporary transfer of the defendant domain names, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication #7 are granted. Plaintiffs' 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 plaintiffs' interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiffs shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiffs 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 plaintiffs genuinely intend to pursue an accounting (which plaintiffs assert as justification for an asset freeze), but at this preliminary stage, the court is persuaded that plaintiffs have 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. Plaintiffs 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 12 MINUTE entry before the Honorable Martha M. Pacold: The court has received and takes under advisement plaintiffs' motions to file under seal, for a temporary restraining order, and to exceed page limitation, #6 , #7 , #8 . Plaintiffs are directed to submit a proposed order to the court's proposed order inbox. (rao, ) |
| Filing 11 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (gw, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (cl, ) |
| Filing 10 MAILED Trademark report to Patent Trademark Office, Alexandria VA (gw, ) |
| Filing 9 SEALED DOCUMENT by Plaintiffs Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC Schedule A to Complaint (Walsh, William) |
| Filing 8 MOTION by Plaintiffs Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Motion for Entry of a Temporary Restraining Order) (Attachments: #1 Exhibit A to the Motion to Exceed Page Limitation, #2 Declaration of William E. Walsh, #3 Exhibit to the Declaration of William E. Walsh, #4 Declaration of Stephen Drysdale, #5 Exhibit to the Declaration of Stephen Drysdale, #6 Declaration of Jessica Arnaiz, #7 Exhibit to the Declaration of Jessica Arnaiz (to be filed under seal))(Walsh, William) |
| Filing 7 MOTION by Plaintiffs Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Walsh, William) |
| Filing 6 MOTION by Plaintiffs Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC to seal document Plaintiff's Ex Parte Motion for Leave to File Under Seal (Walsh, William) |
| Filing 5 Notice of Claims Involving Trademark by Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC (Walsh, William) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC Plaintiff's Corporate Disclosure Statement and Notification as to Affiliates (Walsh, William) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC by William Edward Walsh (Walsh, William) |
| Filing 2 CIVIL Cover Sheet (Walsh, William) |
| Filing 1 COMPLAINT filed by Zuru (Singapore) Pte., Ltd., Zuru Inc., Zuru LLC; Filing fee $ 402, receipt number 0752-18162738. (Attachments: #1 Exhibit 1-2 to the Complaint, #2 Schedule A to Complaint - Provisionally Filed Under Seal)(Walsh, William) |
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