Chrome Hearts LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Chrome Hearts LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule "A" and officialchromehearts.com |
| 1:2021cv05751 |
| October 27, 2021 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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This docket was last retrieved on December 6, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| NEW PARTIES: officialchromehearts.com added to case caption. (Ziegler, Amy) |
| Filing 35 SUMMONS Returned Executed by Chrome Hearts LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 12/3/2021, answer due 12/24/2021. (Attachments: #1 Declaration of Isaku M. Begert)(Begert, Isaku) |
| Filing 34 ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Isaku Begert (Begert, Isaku) |
| Filing 33 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 12/03/2021. Emailed notice (mw, ) |
| Filing 32 MINUTE entry before the Honorable Edmond E. Chang: In light of the applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction #29 is granted. The tracking status hearing of 12/08/2021 is reset to 01/14/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint status report (or the Plaintiff will file the report if no one else has appeared) by 01/07/2022. Emailed notice (mw, ) |
| Filing 31 NOTICE by Chrome Hearts LLC re MOTION by Plaintiff Chrome Hearts LLC for preliminary injunction #29 (Gaudio, Justin) |
| Filing 30 MEMORANDUM by Chrome Hearts LLC in support of motion for preliminary injunction #29 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 29 MOTION by Plaintiff Chrome Hearts LLC for preliminary injunction (Gaudio, Justin) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A." (lxk, ) |
| BOND in the amount of $ 1,000.00 check, receipt no. 4624265038 posted by Chrome Hearts LLC (dxb, ) |
| Filing 28 REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 11/24/2021. Emailed notice (mw, ) |
| Filing 27 TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 11/24/2021. Emailed notice (mw, ) Modified on 12/8/2021 (aee, ). |
| Filing 26 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #14 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 Defendant 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 Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion #3 for leave to file under seal is granted in light of the asset-restraint goal. 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). The Plaintiff's motion #14 for electronic service of process is granted. 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, ) |
| Filing 25 Notice of Claims Involving Trademarks by Chrome Hearts LLC (Gaudio, Justin) |
| Filing 24 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Chrome Hearts LLC (Gaudio, Justin) |
| Filing 23 NOTICE by Chrome Hearts LLC re MOTION by Plaintiff Chrome Hearts LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #20 , MOTION by Plaintiff Chrome Hearts LLC for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery #14 , MOTION by Plaintiff Chrome Hearts LLC for leave to file under seal #3 (Gaudio, Justin) |
| Filing 22 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #21 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 21 MEMORANDUM by Chrome Hearts LLC in support of motion for miscellaneous relief #20 (Gaudio, Justin) |
| Filing 20 MOTION by Plaintiff Chrome Hearts LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 19 EXHIBIT by Plaintiff Chrome Hearts LLC regarding declaration #17 (Gaudio, Justin) Modified on 12/8/2021 (aee, ). |
| Filing 18 EXHIBIT by Plaintiff Chrome Hearts LLC regarding declaration #17 (Attachments: #1 Exhibit 5)(Gaudio, Justin) Modified on 12/8/2021 (aee, ). |
| Filing 17 DECLARATION of Mario Lejtman regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 16 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 15 MEMORANDUM by Chrome Hearts LLC in support of motion for temporary restraining order #14 (Gaudio, Justin) |
| Filing 14 MOTION by Plaintiff Chrome Hearts LLC for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 13 EXHIBIT by Plaintiff Chrome Hearts LLC Schedule A regarding amended complaint, #12 (Gaudio, Justin) Modified on 12/8/2021 (aee, ). |
| Filing 12 AMENDED complaint by Chrome Hearts LLC against The Partnerships and Unincorporated Associations Identified on Schedule "A" (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gaudio, Justin) |
| Filing 11 MAILED Copyright report to Registrar, Washington DC (jg, ) |
| Filing 10 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jg, ) |
| Filing 9 MAILED Trademark report to Patent Trademark Office, Alexandria VA (jg, ) |
| Filing 8 ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Martin Francis Trainor (Trainor, Martin) |
| Filing 7 ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Jake Michael Christensen (Christensen, Jake) |
| Filing 6 ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 5 ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Justin R. Gaudio (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Chrome Hearts LLC for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Chrome Hearts LLC Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Chrome Hearts LLC; Filing fee $ 402, receipt number 0752-18812613. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (cxr, ) |
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