Luxottica Group S.p.A. et al v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Luxottica Group S.p.A., Oakley, Inc., Eye Safety Systems, Inc. and Costa Del Mar, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", costasunglasses.us, doffs.club, extrememen.shop, fordistributedmall.com, forgreatsconsultancy.shop, forknapsacksforre.com, glassessaleoutlet.com, hotgamshark.com, mylaoutlet.com, okpilshop.xyz, okplshop.xyz, oksunglassjp.shop, pecooly.shop, petsiba.com, rightso.shop, summerinsale.com, sun-glassjp.com, toplonger.us, verylike.shop, Yiwu Luosha Trade Co., Ltd., lonsida fishing Store, Shop5889418 Store, Shop911137044 Store, USER-X Store, Fishing Asan Store, Lingda bodybuilding Store, fieoh8adf, Kedai Modelphone, Buy New Nhone, LKOFD, SnopShopping and xiumei007 |
| 1:2021cv04308 |
| August 12, 2021 |
| US District Court for the Northern District of Illinois |
| Joan H Lefkow |
| Manish S Shah |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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| Document Text |
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| Filing 42 NOTICE by Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. re MOTION by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. for entry of default as to all DefendantsMOTION by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. for default judgment as to all Defendants #39 (Gaudio, Justin) |
| Filing 41 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #40 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 40 MEMORANDUM by Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for entry of default,, motion for default judgment, #39 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 39 MOTION by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. for entry of default as to all Defendants, MOTION by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. for default judgment as to all Defendants (Gaudio, Justin) |
| Filing 38 NOTICE of Voluntary Dismissal by Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. as to certain defendant (Martin, Allyson) |
| Filing 37 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 9/20/2021. Notices mailed. (psm, ) |
| Filing 36 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction #31 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, ) |
| NEW PARTIES: costasunglasses.us, doffs.club, extrememen.shop, fordistributedmall.com, forgreatsconsultancy.shop, forknapsacksforre.com, glassessaleoutlet.com, hotgamshark.com, mylaoutlet.com, okpilshop.xyz, okplshop.xyz, oksunglassjp.shop, pecooly.shop, petsiba.com, rightso.shop, summerinsale.com, sun-glassjp.com, toplonger.us, verylike.shop, Yiwu Luosha Trade Co., Ltd., lonsida fishing Store, Shop5889418 Store, Shop911137044 Store, USER-X Store, Fishing Asan Store, Lingda bodybuilding Store, fieoh8adf, Kedai Modelphone, Buy New Nhone, LKOFD, SnopShopping and xiumei007 added to case caption. (Ziegler, Amy) |
| Filing 35 MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction #31 must be properly filed by 9/14/21. If no objections are filed, the motion will be considered unopposed. Mailed notice (ags) |
| Filing 34 SUMMONS Returned Executed by Luxottica Group S.p.A., Costa Del Mar, Inc., Eye Safety Systems, Inc., Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 9/10/2021, answer due 10/1/2021. (Attachments: #1 Declaration of Thomas J. Juettner)(Juettner, Thomas) |
| Filing 33 NOTICE by Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. re MOTION by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. for preliminary injunction #31 (Gaudio, Justin) |
| Filing 32 MEMORANDUM by Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for preliminary injunction #31 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 31 MOTION by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. for preliminary injunction (Gaudio, Justin) |
| Filing 30 Surety BOND in the amount of $50,000.00 posted by Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. (kl, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (txl, ) |
| Filing 29 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #25 is granted. The TRO is extended to 9/15/21. Notices mailed. (psm, ) |
| Filing 28 MINUTE entry before the Honorable Manish S. Shah: Minute Entry #23 is corrected read that "A $50,000 bond is sufficient to secure the injunction." All other aspects of the minute entry remain in place. Notices mailed. (psm, ) |
| Filing 27 NOTICE by Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. re MOTION by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. for extension of time of Temporary Restraining Order #25 (Gaudio, Justin) |
| Filing 26 MEMORANDUM by Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of extension of time #25 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Filing 25 MOTION by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Filing 24 TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 8/18/2021. Notices mailed. (psm, ) Modified on 9/21/2021 (exr, ). |
| Filing 23 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal #3 , motion for a temporary restraining order, domain name transfer, asset restraint, and expedited discovery #10 , and electronic service of process #16 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, 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. 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 the injunction. Enter Sealed TRO. Notices mailed. (psm, ) |
| Filing 22 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Manish S. Shah for all further proceedings. Honorable Joan H. Lefkow no longer assigned to the case. Signed by the Executive Committee on 8/17/2021.(exr, ) |
| Filing 21 Notice of Claims Involving Trademarks by Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. (Gaudio, Justin) |
| Filing 20 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. (Gaudio, Justin) |
| Filing 19 NOTICE by Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. re MOTION by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. for temporary restraining order Including a Temporary Injunction, Temporary Transfer of the Domain Names, Temporary Asset Restraint, and Expedit #10 , MOTION by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #16 , MOTION by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. for leave to file under seal #3 (Gaudio, Justin) |
| Filing 18 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 17 MEMORANDUM by Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for miscellaneous relief #16 (Gaudio, Justin) |
| Filing 16 MOTION by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 15 EXHIBIT by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. Exhibit 4 regarding declaration #13 (Gaudio, Justin) Modified on 9/21/2021 (exr, ). |
| Filing 14 EXHIBIT by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. Exhibit 3 - Parts 1-2 regarding declaration #13 (Attachments: #1 Exhibit 3-1, #2 Exhibit 3-2)(Gaudio, Justin) Modified on 9/21/2021 (exr, ). |
| Filing 13 DECLARATION of Jason Groppe regarding memorandum in support of motion #11 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 12 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #11 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 11 MEMORANDUM by Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for temporary restraining order, #10 (Gaudio, Justin) |
| Filing 10 MOTION by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. for temporary restraining order Including a Temporary Injunction, Temporary Transfer of the Domain Names, Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 9 MAILED trademark report to Patent Trademark Office, Alexandria VA. (ec, ) |
| Filing 8 ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) |
| Filing 7 ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. by Allyson M. Martin (Martin, Allyson) |
| Filing 6 ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 2 EXHIBIT by Plaintiffs Costa Del Mar, Inc., Eye Safety Systems, Inc., Luxottica Group S.p.A., Oakley, Inc. Schedule A regarding complaint, #1 (Gaudio, Justin) Modified on 9/21/2021 (exr, ). |
| Filing 1 COMPLAINT filed by Luxottica Group S.p.A., Costa Del Mar, Inc., Eye Safety Systems, Inc., Oakley, Inc.; Filing fee $ 402, receipt number 0752-18559516. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (jmk, ) |
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