Motley Crue Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Motley Crue Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 1:2021cv05110 |
| September 28, 2021 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. ยง 1114 |
| None |
Docket Report
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This docket was last retrieved on November 24, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 11/24/2021. Emailed notice (mw, ) |
| Filing 16 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 11 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. 1117(a). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion #9 for leave to file under seal is granted in light of the asset-restraint goal. The motion #10 to use extra pages is granted. By 12/06/2021, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). To track the case only (no appearance is required, the case will not be called), a status hearing is set for 12/08/2021 at 8:30 a.m. If appropriate, the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 12/03/2021. Emailed notice (mw, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (jj, ) |
| Filing 15 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (aee, ) |
| Filing 14 MAILED trademark report to Patent Trademark Office, Alexandria VA. (Attachments: #1 Trademarks)(aee, ) |
| Filing 13 SEALED EXHIBIT by Plaintiff Motley Crue Inc. Sealed Exhibit 2 to the Declaration of Thomas Schlegel regarding memorandum in support of motion, #12 (Vogt, Keith) |
| Filing 12 MEMORANDUM In Support of 11 Ex Parte Motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, Declaration of Keith Vogt, #3 Declaration of Thomas Schlegel, #4 Exhibit 1, Declaration of Thomas Schlegel)(Vogt, Keith) |
| Filing 10 MOTION by Plaintiff Motley Crue Inc. for leave to file excess pages (Vogt, Keith) |
| Filing 9 MOTION by Plaintiff Motley Crue Inc. for leave to file [Certain] Documents Under Seal (Vogt, Keith) |
| Filing 8 SEALED DOCUMENT by Plaintiff Motley Crue Inc. [Amended] Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 7 ATTORNEY Appearance for Plaintiff Motley Crue Inc. by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Motley Crue Inc. by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Motley Crue Inc. by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Motley Crue Inc. by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Motley Crue Inc. Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Motley Crue Inc.; Filing fee $ 402, receipt number 0752-18712268. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (jf, ) |
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| Plaintiff: Motley Crue Inc. | |
| Represented By: | Adam Grodman |
| Represented By: | Yanling Jiang |
| Represented By: | Yi Bu |
| Represented By: | Keith A. Vogt |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule "A" | |
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