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", LHPWZL, Liaochengshidayuguandaoshutongyouxiangongsi, LiaoChengShiDo, LiaoNingHengXingShiYe, lidingmenchuang1, LIDON, LiHong, LiHongLiLL, lilizeng198, lin fu dong, lin hui jing, lin li er, Lin Zhilin Trading, ling4474774730303, linlin8953155, LinLiQiongShop, linshagui, LinYiWenChengShangMaoYouXianGongSi, Little lemon, LIU-SHA, LIUXUEXUE, liuyoung, liuyunfeiyu, LIUZIQI, ljfzzmousepad, LJQLXJ, LJSMQJL, LmfjNuorlnr, LMFLY, LongART, longshundamaoyigongsi, LQ7, LSXWLKJJ, LUAHUA, Luciy, Lucky Present, LUHAWE, luo ming jin, lushanwotou us, Lv Li, lvgaili64, LWDOFA, Lweike, LYXIN, MADDISON CLARKE, Manbax, Marig Ster, Mary G Ross, MaryFSteele, MatildaRHa, MDATZERTAZ, MEEKIS, meinuomaoyi, meiyanshangmao56, MENG LING, mfcjmnftgxcnfg, MichaelJAmbrosino, MichelleEVerduzco, Micist, ming jiu shop, mingcheshiye, mingmingmeishidian, mingxuanbaozhuang, minmindeoudian, mjygtrffr, MKOI, Modern Treze, MOMYCY, Mond038, MONKEYSTYLE, mousepadys, Moussy Co., MPOX, mreason, MTTIN, MTYCY, MUHOU, muxiaoyumaoyi, Muyang521, MyAirSpace, MYDFG, MYGUA, Nago town, Naierkeji, NBUQSG, neixiangxianfuniumuyeyouxiangongsi, NENEMIAO02, NeverBreakApart, NEW ETERNAL STAR LIMITED, Newcomer inmoonlight, ngaimi, ngyuewuziyo, NHTEE, niamhasdf, NICOLE BANKS, ningboshidongkeshangmaoyouxiangongsi, nostalielove, NukmWuysxna, nwqloy, NYFDSV, Oasrs, ocong561, OldWB, OLIVIA NELSON, OMAJIU, One Choose, OuGuoLinShop, OUYANXI, panyanhuabaihuodian, PANYONGFEN, PayAback, PDWQHAHA, Peak Fashion Trade, peng yu er, pengweikaiou, PensBagss, Persimmon Wind Year, Phjfdj, piduquganggangxingmenecanyindian, pingaobaozhuangcailiao, Pinsi Qiuya, pinyipinbianlichaoshi, PKYSign, PosterHome-US, Powit, PrimePosters, printfit, Printliza, Prozme, PTDMD, pu tian shi wei jiang mao yi you xian gong si, PureLoving, qianmengkaerdun, qianmo123, qianqianniaoshishangus, Qiantian-us, qingDaoJunJieGongMaoYouXianGongSi, QingDaoSiChuangAnDiShangMaoYouXianGongSi, qingliankeji, QingShanQuChenYuJiaJuYongPinDian, QINHU, QINWENSISHAN, Qitiner-us, QUCUNHO, Quicklyleaving, quzhoushikechengxiaoyongshipinshanghang, Rainbow After The Rain, ReneeELong, Road22, RobertFenn, RobertKLyles, Rongjielongjiancai, rongyingmaofang, Roseter, rrfeszujyrfxk, rui fu tu fu shi Official Store, RUIBODIAN, RuiChengXianYuanKanBaiHuoDian, runtamaoyi, RUOXINus, Ryan Bretzman, s21wsq, safasfkmn415, sally lisa, sandro Inc., SANGONG, SCOT CAROLL, sdfshgeytujhy, sdsdg51, SeanSCorliss, SeaSonic, sefwefwd, SEHAIKO, Senlu Rong, senqie, sensitives, sentefushi, SERIOU, sfsdf98789, sgsjfgdj, ShanDongBaoTongRenLiZiYuanYouXianGongSi, shandongdongwoxinxijishuyouxiangongsi, ShanDongOuRuiErFuShiXiaoShouYouXianGongSi, shaneryihuanbaokeji48, ShanTouShiChengHaigRanHuanBaoKeJiYouXianGongS, shanxikairuitekejiyouxiangongsi, shanxixinhangshangmaoyouxiangongsi, SHaoJun, SharonJGray, shengfashangmao1, shengjiachenshangmao, shengnatuoxinxingjianzhucailiao, shengqinfeng, ShengtianTONG, shengxuxinjinshucailiao, ShenZeXianKeERiYongBaiHuoDian, shgnksg, shijiazhuangkeyunhuagongkejiyouxiangongsi, shijinbaous and shnmin |
1:2021cv02712 |
May 19, 2021 |
US District Court for the Northern District of Illinois |
John F Kness |
Trademark |
15 U.S.C. § 1114 |
None |
Docket Report
This docket was last retrieved on July 16, 2021. A more recent docket listing may be available from PACER.
Document Text |
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NEW PARTIES: LHPWZL, Liaochengshidayuguandaoshutongyouxiangongsi, LiaoChengShiDo, LiaoNingHengXingShiYe, lidingmenchuang1, LIDON, LiHong, LiHongLiLL, lilizeng198, lin fu dong, lin hui jing, lin li er, Lin Zhilin Trading, ling4474774730303, linlin8953155, LinLiQiongShop, linshagui, LinYiWenChengShangMaoYouXianGongSi, Little lemon, LIU-SHA, LIUXUEXUE, liuyoung, liuyunfeiyu, LIUZIQI, ljfzzmousepad, LJQLXJ, LJSMQJL, LmfjNuorlnr, LMFLY, LongART, longshundamaoyigongsi, LQ7, LSXWLKJJ, LUAHUA, Luciy, Lucky Present, LUHAWE, luo ming jin, lushanwotou us, Lv Li, lvgaili64, LWDOFA, Lweike, LYXIN, MADDISON CLARKE, Manbax, Marig Ster, Mary G Ross, MaryFSteele, MatildaRHa, MDATZERTAZ, MEEKIS, meinuomaoyi, meiyanshangmao56, MENG LING, mfcjmnftgxcnfg, MichaelJAmbrosino, MichelleEVerduzco, Micist, ming jiu shop, mingcheshiye, mingmingmeishidian, mingxuanbaozhuang, minmindeoudian, mjygtrffr and MKOI added to case caption. (Bu, Yi) |
NEW PARTIES: Modern Treze, MOMYCY, Mond038, MONKEYSTYLE, mousepadys, Moussy Co., MPOX, mreason, MTTIN, MTYCY, MUHOU, muxiaoyumaoyi, Muyang521, MyAirSpace, MYDFG, MYGUA, Nago town, Naierkeji, NBUQSG, neixiangxianfuniumuyeyouxiangongsi, NENEMIAO02, NeverBreakApart, NEW ETERNAL STAR LIMITED, Newcomer inmoonlight, ngaimi, ngyuewuziyo, NHTEE, niamhasdf, NICOLE BANKS, ningboshidongkeshangmaoyouxiangongsi, nostalielove, NukmWuysxna and nwqloy added to case caption. (Bu, Yi) |
NEW PARTIES: NYFDSV, Oasrs, ocong561, OldWB, OLIVIA NELSON, OMAJIU, One Choose, OuGuoLinShop, OUYANXI, panyanhuabaihuodian, PANYONGFEN, PayAback, PDWQHAHA, Peak Fashion Trade, peng yu er, pengweikaiou, PensBagss, Persimmon Wind Year, Phjfdj, piduquganggangxingmenecanyindian, pingaobaozhuangcailiao, Pinsi Qiuya, pinyipinbianlichaoshi, PKYSign, PosterHome-US, Powit, PrimePosters, printfit, Printliza, Prozme, PTDMD, pu tian shi wei jiang mao yi you xian gong si, PureLoving, qianmengkaerdun, qianmo123, qianqianniaoshishangus, Qiantian-us, qingDaoJunJieGongMaoYouXianGongSi, QingDaoSiChuangAnDiShangMaoYouXianGongSi, qingliankeji, QingShanQuChenYuJiaJuYongPinDian, QINHU, QINWENSISHAN, Qitiner-us, QUCUNHO, Quicklyleaving, quzhoushikechengxiaoyongshipinshanghang, Rainbow After The Rain, ReneeELong, Road22, RobertFenn, RobertKLyles, Rongjielongjiancai, rongyingmaofang, Roseter, rrfeszujyrfxk, rui fu tu fu shi Official Store, RUIBODIAN, RuiChengXianYuanKanBaiHuoDian and runtamaoyi added to case caption. (Bu, Yi) |
NEW PARTIES: RUOXINus, Ryan Bretzman, s21wsq, safasfkmn415, sally lisa, sandro Inc., SANGONG, SCOT CAROLL, sdfshgeytujhy, sdsdg51, SeanSCorliss, SeaSonic, sefwefwd, SEHAIKO, Senlu Rong, senqie, sensitives, sentefushi, SERIOU, sfsdf98789, sgsjfgdj, ShanDongBaoTongRenLiZiYuanYouXianGongSi, shandongdongwoxinxijishuyouxiangongsi, ShanDongOuRuiErFuShiXiaoShouYouXianGongSi, shaneryihuanbaokeji48, ShanTouShiChengHaigRanHuanBaoKeJiYouXianGongS, shanxikairuitekejiyouxiangongsi, shanxixinhangshangmaoyouxiangongsi, SHaoJun, SharonJGray, shengfashangmao1, shengjiachenshangmao, shengnatuoxinxingjianzhucailiao, shengqinfeng, ShengtianTONG, shengxuxinjinshucailiao, ShenZeXianKeERiYongBaiHuoDian, shgnksg, shijiazhuangkeyunhuagongkejiyouxiangongsi, shijinbaous and shnmin added to case caption. (Bu, Yi) |
Filing 23 PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 7/12/2021. Mailed notice(ef, ) |
Filing 22 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction #16 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 #18 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 #20 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 21 CIVIL BOND in the amount of $ 10,000 posted by Legend Pictures, LLC. (gcy, ) |
Filing 20 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion #16 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all 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 07/08/2021. For the reasons stated in the Court's orders entering the TRO, the TRO is 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 (ef, ) |
Filing 19 Proposed Briefing Schedule STATEMENT by Legend Pictures, LLC (Vogt, Keith) |
Filing 18 SUMMONS Returned Executed by Legend Pictures, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 7/1/2021, answer due 7/22/2021. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
Filing 17 MEMORANDUM by Legend Pictures, LLC in support of motion for preliminary injunction #16 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
Filing 16 MOTION by Plaintiff Legend Pictures, LLC for preliminary injunction (Vogt, Keith) |
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (sxh, ) |
Filing 15 SEALED TEMPORARY Restraining Order Signed by the Honorable John F. Kness on 6/21/2021. (ma,) |
Filing 14 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal #9 , for leave to file excess pages #10 , and ex parte motion for a temporary restraining order and other relief 11 are granted. 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 #13 . 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 (ma,) |
Filing 13 SEALED EXHIBIT by Plaintiff Legend Pictures, LLC Sealed Exhibit 3 to the Declaration of Kristina Holliman regarding memorandum in support of motion, #12 (Attachments: #1 Exhibit 3, Part 1, #2 Exhibit 3, Part 2, #3 Exhibit 3, Part 3)(Vogt, Keith) |
Filing 12 MEMORANDUM In Support of 11 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 10 MOTION by Plaintiff Legend Pictures, LLC for leave to file excess pages (Vogt, Keith) |
Filing 9 MOTION by Plaintiff Legend Pictures, LLC for leave to file [Certain] Documents Under Seal (Vogt, Keith) |
Filing 8 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (gcy, ) |
CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (cm, ) |
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 SEALED DOCUMENT by Plaintiff Legend Pictures, LLC Schedule A to Complaint #1 (Vogt, Keith) |
Filing 1 COMPLAINT filed by Legend Pictures, LLC; Filing fee $ 402, receipt number 0752-18263992. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
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