Gavin Evans, an Individual v. The Partnerships and Unincorporated Associations Identified on Schedule A
XYZ Corporation and Gavin Evans, an Individual |
The Partnerships and Unincorporated Associations Identified on Schedule A, Pingooprints, David Bowie Store, ForeverStar officieel Store, Laam Zong Store, LazySorry Funny Store, A YUE Store, AliExpress 123.123 Store, ARTBACK Sweet-Family Store, Atoz Cushion Store, Girl Yan Store, HI IDOSTAR Store, High-Quality Diamond-Painting Store, Ibel Painting Store, Morn Store, Nuojie Store, Painting With Diamonds Store, Paramount Store, pl4 Store, QIZITENG Direct sales Store, Shop4217035 Store, TrulyLazy Funny Store, WarmHouse Store, YI Boutiques Store, Yixing digital Store, Yunyao Factory 2 Store, Yunyao Factory Store, A Firefly, ABC-CBA, aixingyishu, Alazhumin's shop, ANDAOYISHU, Beautiful Decoration Poster, botemaoyi, caijinhuashop, liqunmeishuguang, chenjingdedianpu, chenyipinglingshidian, daijinpengdedian, DeLinKeJi, DONGLIANYA, dongyandida, enshizhoudoudouwashangmaoyouxiangongsi, Epikkanvas, fengyuanshanhang, FINDEMO_L_ART, gaomishimayaaibaihuolingshoudian, GuShanshan Art, HEHEMAYMY, hongyimeishuguan, JESCOM GROUP, Jianhe Tide Brand, jiayixu88, jinjinmeishuguan, LEOOOLUKKIN STORE, Lilarama USA, linxiaokangshop, LINXIAST, Lir store, longhuawushunmingfangzhipinshanghang, lyxjbw, Nanquan mother, Poster base, Poster fashion painting, Poster Junior, pu tian de neng mao yi you xian gong si, pu tian sai ju mao yi you xian gong si, qiangqiangmeishuguan, Qigong Air Ticketing Co., Ltd., qinyiweibaihuodian, RunTure, sdgsgssrfd-us, shanghaishibaoshanqujiajichongwuyongpingdian, shenchoushibaoanqushuenmaoyishangxing, SoRa Art Inn, linshangongyipinjingyingbu, Soroja, Super Poster House, superartInn, SUTINGYART, tuolianmaoyi2, Viving Wall Art, weiwuart, XCMX, xianyoumingfamaoyiyouxiangongsi, xianyouxianbagumaoyiyouxiangongsi, xianyouxianduweichenqingliangzhuangshipinshangxing, xianyouxianlinanpuxiandiandongchepeijianpifadian, xianyouxianlonghuazhuzhenbaihuolingshouchaoshi, xianyouxinbenmaoyiyouxiangongsi, Xiaodede shop, XinLuoQuXuanYiDuanBaiHuoDian, xuchangzezhaoshangmaoyouxiangongsi, yatongshanghang, yingxing art, yinxiangmulan, youxixiantianxixishangmaobu, Yueyu Trading Company ( US), zhangjianxian, zhaohuiijuanmaoyi, liu kang mai de hao, wuyifan DP, duo la de dian, Guo ge xiansheng de dian, Chen jin, Lingshou shang he pifa shang da mainchang chaoshi bianli dian, FALCON_TRADING, koronamsvg, ya_dima10, dongzhiguangzhineng Store, netecool Store, t shirt Store, 6cn1801, jame_zang, DavidWallArtStore, lovewallprints, PrintsbyAmandaJane, UpcycledPatentPrints, Alalanabebe, ArtsyyBear, BiWorkshop, BlueLinePrints, CraftWatches, DeckTheWallsUK, dittopics, FashionistaArtUk, JohnsofCheshire, KarePrintShop, KimPatersonArt, MysticMoonPrint, NiftyHomePrints, PenInkGraphics, PictorPrints, ShineIllustration, shoppingdirect24com, StellaMarisInc, TeeTeeUK, TheMemoryMix, WallTale, WorldBizGroup, asdavbtf123, baotianrui, berization, bhguerhguhwsyhe7oiay8weghdfbdffffg, budongmei12345, fanzhiwei fashion, free1, Fun Guy, Haozhilang, Jielisong, kdfksd, lijiahui200252, Linqing, liyinx, mai huong, menxuny, missniya, nathanjunglestore, PaixialuchendX, PBE34A418, RickyLDStore, sahmensj, Teesbigbigworld, VirginiaRorygKcWhT, wunschinocencia, xiangwuzhang, xuguofen257 and Zhangxiaoyong123 |
1:2021cv05237 |
October 4, 2021 |
US District Court for the Northern District of Illinois |
Martha M Pacold |
Trademark |
15 U.S.C. § 44 |
None |
Docket Report
This docket was last retrieved on December 1, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 31 STATUS Report by Gavin Evans, an Individual (Carter, Alison) |
NEW PARTIES: liu kang mai de hao, wuyifan DP, duo la de dian, Guo ge xiansheng de dian, Chen jin, Lingshou shang he pifa shang da mainchang chaoshi bianli dian, FALCON_TRADING, koronamsvg, ya_dima10, dongzhiguangzhineng Store, netecool Store, t shirt Store, 6cn1801, jame_zang, DavidWallArtStore, lovewallprints, PrintsbyAmandaJane, UpcycledPatentPrints, Alalanabebe, ArtsyyBear, BiWorkshop, BlueLinePrints, CraftWatches, DeckTheWallsUK, dittopics, FashionistaArtUk, JohnsofCheshire, KarePrintShop, KimPatersonArt, MysticMoonPrint, NiftyHomePrints, PenInkGraphics, PictorPrints, ShineIllustration, shoppingdirect24com, StellaMarisInc, TeeTeeUK, TheMemoryMix, WallTale, WorldBizGroup, asdavbtf123, baotianrui, berization, bhguerhguhwsyhe7oiay8weghdfbdffffg, budongmei12345, fanzhiwei fashion, free1, Fun Guy, Haozhilang, Jielisong, kdfksd, lijiahui200252, Linqing, liyinx, mai huong, menxuny, missniya, nathanjunglestore, PaixialuchendX, PBE34A418, RickyLDStore, sahmensj, Teesbigbigworld, VirginiaRorygKcWhT, wunschinocencia, xiangwuzhang, xuguofen257 and Zhangxiaoyong123 added to case caption. (Carter, Alison) |
NEW PARTIES: David Bowie Store, ForeverStar officieel Store, Laam Zong Store, LazySorry Funny Store, A YUE Store, AliExpress 123.123 Store, ARTBACK Sweet-Family Store, Atoz Cushion Store, Girl Yan Store, HI IDOSTAR Store, High-Quality Diamond-Painting Store, Ibel Painting Store, Morn Store, Nuojie Store, Painting With Diamonds Store, Paramount Store, pl4 Store, QIZITENG Direct sales Store, Shop4217035 Store, TrulyLazy Funny Store, WarmHouse Store, YI Boutiques Store, Yixing digital Store, Yunyao Factory 2 Store, Yunyao Factory Store, A Firefly, ABC-CBA, aixingyishu, Alazhumin's shop, ANDAOYISHU, Beautiful Decoration Poster, botemaoyi, caijinhuashop, liqunmeishuguang, chenjingdedianpu, chenyipinglingshidian, daijinpengdedian, DeLinKeJi, DONGLIANYA, dongyandida, enshizhoudoudouwashangmaoyouxiangongsi, Epikkanvas, fengyuanshanhang, FINDEMO_L_ART, gaomishimayaaibaihuolingshoudian, GuShanshan Art, HEHEMAYMY, hongyimeishuguan, JESCOM GROUP, Jianhe Tide Brand, jiayixu88, jinjinmeishuguan, LEOOOLUKKIN STORE, Lilarama USA, linxiaokangshop, LINXIAST, Lir store, longhuawushunmingfangzhipinshanghang, lyxjbw, Nanquan mother, Poster base, Poster fashion painting, Poster Junior, pu tian de neng mao yi you xian gong si, pu tian sai ju mao yi you xian gong si, qiangqiangmeishuguan, Qigong Air Ticketing Co., Ltd., qinyiweibaihuodian, RunTure, sdgsgssrfd-us, shanghaishibaoshanqujiajichongwuyongpingdian, shenchoushibaoanqushuenmaoyishangxing, SoRa Art Inn, linshangongyipinjingyingbu, Soroja, Super Poster House, superartInn, SUTINGYART, tuolianmaoyi2, Viving Wall Art, weiwuart, XCMX, xianyoumingfamaoyiyouxiangongsi, xianyouxianbagumaoyiyouxiangongsi, xianyouxianduweichenqingliangzhuangshipinshangxing, xianyouxianlinanpuxiandiandongchepeijianpifadian, xianyouxianlonghuazhuzhenbaihuolingshouchaoshi, xianyouxinbenmaoyiyouxiangongsi, Xiaodede shop, XinLuoQuXuanYiDuanBaiHuoDian, xuchangzezhaoshangmaoyouxiangongsi, yatongshanghang, yingxing art, yinxiangmulan, youxixiantianxixishangmaobu, Yueyu Trading Company ( US), zhangjianxian and zhaohuiijuanmaoyi added to case caption. Terminating The Partnerships and Unincorporated Associations Identified on Schedule A (Carter, Alison) |
Filing 30 ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 11/24/2021. Mailed notice (jh, ) |
Filing 29 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 11/24/2021:(rao, ) |
Filing 28 MINUTE entry before the Honorable Martha M. Pacold: Other than defendant No. 62, Pingooprints, no defendant has filed an appearance to object to plaintiff's motion for entry of a preliminary injunction #23 . For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction #23 is granted with respect to the defendants identified on the Schedule A except for defendant No. 62 Pingooprints. Enter Preliminary Injunction. Plaintiff's counsel is directed to add all defendants listed on Schedule A and defendant No. 62 Pingooprints 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. Additionally, defendant Pingooprints has filed an answer to plaintiff's complaint and has asserted a counterclaim. #27 . Plaintiff and defendant Pingooprints are directed to file a joint status report with this court by 12/1/2021 informing the court of how they plan to proceed with this case. (rao, ) |
Filing 27 DEFENDANT'S ANSWER by Pingooprints (Exhibits) (exr, ) |
Filing 26 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve defendants with this notice. The court has taken the motion for preliminary injunction #23 under advisement and will consider the motion unopposed if no defendant appears and objects by 11/18/2021. (rao, ) |
Filing 25 SUMMONS Returned Executed by Gavin Evans, an Individual as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/2/2021, answer due 11/23/2021. (Attachments: #1 Declaration of Service)(Quezada, Sofia) |
Filing 24 MEMORANDUM by Gavin Evans, an Individual in support of motion for preliminary injunction #23 (Attachments: #1 Declaration in Support of Memorandum)(Quezada, Sofia) |
Filing 23 MOTION by Plaintiff Gavin Evans, an Individual for preliminary injunction (Quezada, Sofia) |
Filing 22 SEALED EXTENSION OF THE TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 10/22/2021:(rao, ) |
Filing 21 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO #20 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO #18 entered on 10/8/2021 is extended until 11/5/2021. (rao, ) |
Filing 20 EX PARTE MOTION by Plaintiff Gavin Evans, an Individual to Extend the Temporary Restraining Order. (Attachments: #1 Supplement Memorandum in Support, #2 Declaration in Support of Memo)(Quezada, Sofia) Docket Text Modified by Clerk's Office on 11/30/2021 (jh, ). |
Filing 19 SURETY BOND in the amount of $ 10,000 posted by Gavin Evans, as Principal, and NGM Insurance Company, as Surety. (daj, ) |
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (jj, ) |
Filing 18 SEALED Temporary Restraining Order: Signed by the Honorable Martha M. Pacold on 10/8/2021. (bg, ) |
Filing 17 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff having complied with this court's order #15 , plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, electronic service of process, and expedited discovery #9 is granted. Plaintiff's 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 plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff 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 plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, 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 timely appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (ca, ) |
Filing 16 AMENDED complaint by Gavin Evans, an Individual against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit 1)(Carter, Alison) |
Filing 15 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal #6 is granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested temporary restraining order, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Conversely, there are no exceptional circumstances that would justify allowing plaintiff to conceal its own identity. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the court to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 37677 (7th Cir. 2016). Accordingly, Plaintiff must file an amended complaint disclosing its name and asserted copyrights. As to plaintiff's motion for an ex parte TRO #9 , plaintiff is directed to this court's procedures for Schedule A cases on the court's website at https://www.ilnd.uscourts.gov/judge-info.aspx?tdDC7jWNEcPS6Px28PZuWg==. Plaintiff is required to resubmit its proposed TRO order to this court's proposed orders inbox following the procedures on the website. Plaintiff's motion for electronic service of process #12 is granted. Mailed notice (lxs, ) |
NEW PARTIES: Gavin Evans, an Individual added to case caption. Terminating XYZ Corporation (Carter, Alison) |
Filing 14 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jn, ) |
Filing 13 MEMORANDUM by XYZ Corporation in support of motion for miscellaneous relief #12 (Attachments: #1 Declaration in Support of Motion, #2 Exhibit 1-4)(Carter, Alison) |
Filing 12 MOTION by Plaintiff XYZ Corporation for Electronic Service of Process (Carter, Alison) |
Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA (jn, ) |
Filing 10 MEMORANDUM in Support of Motion for Temporary Restraining Order by Plaintiff XYZ Corporation. (Attachments: #1 Declaration in Support of Motion, #2 Exhibit 1, #3 Exhibit 2 - Part One, #4 Exhibit 2 - Part Two)(Carter, Alison) Docket Text Modified by Clerk's Office on 11/30/2021 (jh, ). |
Filing 9 EX PARTE MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order. (Carter, Alison) Docket Text Modified by Clerk's Office on 11/30/2021 (jh, ). |
Filing 8 SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Schedule A)(Carter, Alison) |
Filing 7 MEMORANDUM by XYZ Corporation in support of motion for leave to file, motion for miscellaneous relief #6 (Attachments: #1 Declaration in Support of Motion, #2 Exhibit 1-7)(Carter, Alison) |
Filing 6 MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal, MOTION by Plaintiff XYZ Corporation to Temporarily Proceed Under a Pseudonym (Carter, Alison) |
Filing 5 ATTORNEY Appearance for Plaintiff XYZ Corporation by Sofia Quezada (Quezada, Sofia) |
Filing 4 ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
Filing 3 ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison Carter (Carter, Alison) |
Filing 2 CIVIL Cover Sheet (Carter, Alison) |
Filing 1 COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 402, receipt number 0752-18735059. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2 - Schedule A (Redacted))(Carter, Alison) |
CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (jf, ) |
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