Legend Pictures, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Legend Pictures, LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 1:2021cv02592 |
| May 13, 2021 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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| Document Text |
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| Filing 28 NOTICE of Voluntary Dismissal by All Plaintiffs (Vogt, Keith) |
| Filing 27 PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 7/6/2021. Mailed notice(ef, ) |
| Filing 26 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction #20 is granted. Plaintiff's filings establish that Plaintiff has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established #23 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but, despite the Court having provided #22 the opportunity to do, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice (ef, ) |
| Filing 25 STATUS Report by Legend Pictures, LLC (Vogt, Keith) |
| Filing 24 SURETY BOND in the amount of $ 10,000 posted by Legend Pictures, LLC. (DOCUMENT NOT SCANNED) (jh, ) |
| Filing 23 SUMMONS Returned Executed by Legend Pictures, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 6/18/2021, answer due 7/9/2021. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 22 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion (Dkt. 20) for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 06/24/2021." For the reasons stated in the Court's orders entering and extending the TRO, as well as in Plaintiff's earlier motion to extend the TRO, the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice (jk) |
| Filing 21 MEMORANDUM by Legend Pictures, LLC in support of motion for preliminary injunction #20 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 20 MOTION by Plaintiff Legend Pictures, LLC for preliminary injunction (Vogt, Keith) |
Filing 19
ORDER ON MOTION FOR EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/15/2021. Mailed notice(ef, )
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| Filing 18 MINUTE entry before the Honorable John F. Kness: Motion for extension of Temporary Restraining Order #17 is granted. Enter separate order. Mailed notice (ef, ) |
| Filing 17 MOTION by Plaintiff Legend Pictures, LLC for extension of time for Temporary Restraining Order (Vogt, Keith) |
| Filing 16 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 6/3/2021. Mailed notice(mjc, ) |
| Filing 15 MINUTE entry before the Honorable John F. Kness: Plaintiff's motions for leave to file under seal #8 and for leave to file excess pages #9 , and its ex parte motion for a temporary restraining order and other relief 10 , are granted in part. Plaintiff's submissions (including the Declarations of Keith Vogt and Kristina Holliman) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries #2 and #12 . The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 equitable accounting. In addition, the Court finds that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and 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 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 will 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 reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice (mjc, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (cp, ) |
| Filing 14 MAILED to plaintiff's counsel Lanham Mediation Program materials. (kl, ) |
| Filing 13 MAILED Trademark report to Patent Trademark Office, Alexandria VA (kl, ) |
| Filing 12 EXHIBIT 3 to the Declaration of Kristina Holliman by Plaintiff Legend Pictures, LLC regarding memorandum in support of motion, #11 . (Attachments: #1 Exhibit 3, Part 1, #2 Exhibit 3, Part 2, #3 Exhibit 3, Part 3)(Vogt, Keith) Modified on 7/8/2021 (jh, ). |
| Filing 11 MEMORANDUM In Support of 10 Ex Parte Motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-5, Declaration of Keith Vogt, #3 Declaration of Kristina Holliman, #4 Exhibit 1, Declaration of Kristina Holliman, #5 Exhibit 2, Declaration of Kristina Holliman)(Vogt, Keith) |
| Filing 9 MOTION by Plaintiff Legend Pictures, LLC for leave to file excess pages (Vogt, Keith) |
| Filing 8 MOTION by Plaintiff Legend Pictures, LLC for leave to file [Certain] Documents Under Seal (Vogt, Keith) |
| Filing 7 ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SCHEDULE A to Complaint #1 by Plaintiff Legend Pictures, LLC. (Vogt, Keith) Modified on 7/8/2021 (jh, ). |
| Filing 1 COMPLAINT filed by Legend Pictures, LLC; Filing fee $ 402, receipt number 0752-18243061. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (cp, ) |
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| Plaintiff: Legend Pictures, LLC | |
| Represented By: | Adam Grodman |
| Represented By: | Yanling Jiang |
| Represented By: | Keith A. Vogt |
| Represented By: | Yi Bu |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule "A" | |
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