Crypton Future Media, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
XYZ Corporation |
The Partnerships and Unincorporated Associations Identified on Schedule A, ProCosplay, AllRich Store, 520 baby Store, 987643368 Store, A Cos Store, Alice My Fetish Store, 1032062956 Store, Anime props Store, Baqianli Store, BigJ beautiful toy Store, Black forest Store, Canvas-poster Room Store, Child Gift Store, Cos Do Store, COSPLAY-H Store, CosplayLove, CRHC Store, DaMaiClothing Store, Disney-toys Store, DongManCos Store, Dreamy toy Store, Esencan toy Store, Fonseca Decor Store, FOR friend Store, Happiness Followers Store, Icoolskin Store, Ihome-painting Store, Jiejiu Store, JustSaiyan Gear Store, LU Wood Store, MaMaDolls Store, Marrart Store, MAXJUN ANIME HOUSE Store, MHW Store, MYSM toy world Store, nadanbao Official Store, Nara's Akihabara Store, NewCos Store, Painting-Decor Store, Paramount Store Store, Paramount Toy Store Store, Shangdu Painting Art Store Store, Shop5486070 Store, shop687899 tshirts Store, Shop911257425 Store, Shop911566502 Store, Shop911614408 Store Store, SPLSPL Store, stras in the deeping dahai Store, Thousand Faces Model Store, Toy garden vct Store, Very good T-shirt r Store, W-Decal Store, Wall-Art Store, Wind Blows Over Trees Store, WTHM Store, WTQ Anime Shop Store, WTQ Retro anime poster Store, Youkenlock Store, Your Lovey Store, zui 45 Store, zui 46 Store, Anime Arts, Boruixi, Day Frande, Figure_Paradise, HeFeiShanAng, lichenwei, LZ-ART, yi wen ke ji wu han you xian gong si, aroundmountain, ecto_17, essb46, excel_enterprises39, figure_junkie, golde-7197, gulali_id, phoneque.case, sanjeewa_supplier, shopd796, the_market_hub, AceTheDecal, Meticulous life, AlbertaElroyeVlO, amziyu, AnimationWorld, Ashleyes, Belief Show, Best Poster, bjsiis, Cameron Blair, CB, cdsmxs, chenshaozhen0, Chunerkaihua, CHUNFENGSHEN, chunyicheneg, Cinidy, coolcoo, cwclki, dijianouling, dindDNndc, dinghaili fashion, diskelio, dkxy87, Dreamworldes, duanchao6688, easttexas, ElvaUptonlDwWiP, epson, FasyShop, figueranelson, frank wasilewski, gmw001, goldonian, gunggtwer, heqiDD, huangyifan fashion, huanwuse2, Jerry Gilreath, jeweling, jiangnnxha038, jimanyinran, Jiuying, ktacfj, KyleRichardxNhCo, LatestBuy, linhanying fashion, liuliustorey, liuqilin, Louvnajs, luoxiaofei fashion, luoyangshoushan, lvx48q, mahongjuan fashion, Man has invented machines larger than man's power, metodebogen, miaodees, mr.yangning, Nicholasuu, Paul Borel, qiaocaijia0, qiaofer, qing001, Quistrackilse, ramisuupbja, rheometr, RudolfPerrygUbWkW, rwycrbppl, shazhulao, sheiwindy, shimmerly, shiquanchao, shuangshishengshen, smaloadbixwj, snaiainjuan, Sokuma Wandfull carry, soumns, Strawberrie, streembracksd, sujiedongstore, Tainqiny Aid, TangdongdubiaB, Telabeen Salen Francen, tihaishidao, tothoughweyy, vunawhiygajn, wagnsijiee, wangdong0081, wangjinghui, wayfaring, wiwwq24shop, wulan, wuxiuanyiqian, wuyanxiafan, WXI XKi, xiaoduyunying, xiaohu, xingchensha, y lkasjdasdas, YanfentaolurAs, yangfuda1345, yaolongjuan, yejinhui75, Yiji name jewelry, yinhlriunvkr, yitao1, youxiangtutuya, yujiem, yuzhou fashion, yy341646, zenggangping, ZhaileifeimYt, zhangyirane, zhen2018, zuoluanjiao, Anime Model Shop117 Store, Beautiful Printed T-shirt Store, New Anime Figural Model Store, JIANANWANJU, Lin MM Store, Mei Le Store, MIGIE, sunrise firm, YaNuo-US, c-fashion2020, wig-supplier, yahuihuidfhj-8, ADDFFT99 Store, Biamoxer Store, morematch morematch Store, pku.6 Store, JIANDESTORE, ShanGen, yongxinxuze123, fryb569210-4, home-lifebang, i-fashion2020, wooo-fashion, HepburnModern Clothes Company Store, NA NA NA Store, We are unique Store, ADISVOT, Baden Baden, Hongershangmao, PTYJJGC, wuzijian0, XAHYJDQ, XRGBH, akibashipping, mayuma01, Youmi Store, Heze Moya E-Commerce Co., Ltd. and Xuchang Dalang Trading Co., Ltd. |
1:2021cv06420 |
December 1, 2021 |
US District Court for the Northern District of Illinois |
Martha M Pacold |
Trademark |
15 U.S.C. § 1114 |
None |
Docket Report
This docket was last retrieved on January 27, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 36 MOTION by Plaintiff XYZ Corporation to amend/correct Schedule A (Quezada, Sofia) |
NEW PARTIES: Cinidy, coolcoo, cwclki, dijianouling, dindDNndc, dinghaili fashion, diskelio, dkxy87, Dreamworldes, duanchao6688, easttexas, ElvaUptonlDwWiP, epson, FasyShop, figueranelson, frank wasilewski, gmw001, goldonian, gunggtwer, heqiDD, huangyifan fashion, huanwuse2, Jerry Gilreath, jeweling, jiangnnxha038, jimanyinran, Jiuying, ktacfj, KyleRichardxNhCo, LatestBuy, linhanying fashion, liuliustorey, liuqilin, Louvnajs, luoxiaofei fashion, luoyangshoushan, lvx48q, mahongjuan fashion, Man has invented machines larger than man's power, metodebogen, miaodees, mr.yangning, Nicholasuu, Paul Borel, qiaocaijia0, qiaofer, qing001, Quistrackilse, ramisuupbja, rheometr, RudolfPerrygUbWkW, rwycrbppl, shazhulao, sheiwindy, shimmerly, shiquanchao, shuangshishengshen, smaloadbixwj, snaiainjuan, Sokuma Wandfull carry, soumns, Strawberrie, streembracksd, sujiedongstore, Tainqiny Aid, TangdongdubiaB, Telabeen Salen Francen, tihaishidao, tothoughweyy, vunawhiygajn, wagnsijiee, wangdong0081, wangjinghui, wayfaring, wiwwq24shop, wulan, wuxiuanyiqian, wuyanxiafan, WXI XKi, xiaoduyunying, xiaohu, xingchensha, y lkasjdasdas, YanfentaolurAs, yangfuda1345, yaolongjuan, yejinhui75, Yiji name jewelry, yinhlriunvkr, yitao1, youxiangtutuya, yujiem, yuzhou fashion, yy341646, zenggangping, ZhaileifeimYt, zhangyirane, zhen2018, zuoluanjiao, Anime Model Shop117 Store, Beautiful Printed T-shirt Store, New Anime Figural Model Store, JIANANWANJU, Lin MM Store, Mei Le Store, MIGIE, sunrise firm, YaNuo-US, c-fashion2020, wig-supplier, yahuihuidfhj-8, ADDFFT99 Store, Biamoxer Store, morematch morematch Store, pku.6 Store, JIANDESTORE, ShanGen, yongxinxuze123, fryb569210-4, home-lifebang, i-fashion2020, wooo-fashion, HepburnModern Clothes Company Store, NA NA NA Store, We are unique Store, ADISVOT, Baden Baden, Hongershangmao, PTYJJGC, wuzijian0, XAHYJDQ, XRGBH, akibashipping, mayuma01, Youmi Store, Heze Moya E-Commerce Co., Ltd. and Xuchang Dalang Trading Co., Ltd. added to case caption. (Sullivan, Ann Marie) |
NEW PARTIES: AllRich Store, 520 baby Store, 987643368 Store, A Cos Store, Alice My Fetish Store, 1032062956 Store, Anime props Store, Baqianli Store, BigJ beautiful toy Store, Black forest Store, Canvas-poster Room Store, Child Gift Store, Cos Do Store, COSPLAY-H Store, CosplayLove, CRHC Store, DaMaiClothing Store, Disney-toys Store, DongManCos Store, Dreamy toy Store, Esencan toy Store, Fonseca Decor Store, FOR friend Store, Happiness Followers Store, Icoolskin Store, Ihome-painting Store, Jiejiu Store, JustSaiyan Gear Store, LU Wood Store, MaMaDolls Store, Marrart Store, MAXJUN ANIME HOUSE Store, MHW Store, MYSM toy world Store, nadanbao Official Store, Nara's Akihabara Store, NewCos Store, Painting-Decor Store, Paramount Store Store, Paramount Toy Store Store, Shangdu Painting Art Store Store, Shop5486070 Store, shop687899 tshirts Store, Shop911257425 Store, Shop911566502 Store, Shop911614408 Store Store, SPLSPL Store, stras in the deeping dahai Store, Thousand Faces Model Store, Toy garden vct Store, Very good T-shirt r Store, W-Decal Store, Wall-Art Store, Wind Blows Over Trees Store, WTHM Store, WTQ Anime Shop Store, WTQ Retro anime poster Store, Youkenlock Store, Your Lovey Store, zui 45 Store, zui 46 Store, Anime Arts, Boruixi, Day Frande, Figure_Paradise, HeFeiShanAng, lichenwei, LZ-ART, yi wen ke ji wu han you xian gong si, aroundmountain, ecto_17, essb46, excel_enterprises39, figure_junkie, golde-7197, gulali_id, phoneque.case, sanjeewa_supplier, shopd796, the_market_hub, AceTheDecal, Meticulous life, AlbertaElroyeVlO, amziyu, AnimationWorld, Ashleyes, Belief Show, Best Poster, bjsiis, Cameron Blair, CB, cdsmxs, chenshaozhen0, Chunerkaihua, CHUNFENGSHEN and chunyicheneg added to case caption. (Sullivan, Ann Marie) |
Filing 35 ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this case. Signed by the Honorable Martha M. Pacold on 1/19/2022. Mailed notice (nsf, ) |
Filing 34 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 1/19/2022: (rao, ) |
Filing 33 MINUTE entry before the Honorable Martha M. Pacold: Except for defendant ProCosplay, no defendant has appeared or filed an objection to plaintiff's motion for preliminary injunction #23 . As to all defendants except for ProCosplay: the motion for preliminary injunction #23 is granted, because a preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. 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. As to defendant ProCosplay: the preliminary injunction motion #23 is continued, and plaintiff and ProCosplay are directed to confer and file a joint status report as to how they plan to proceed by 1/27/2022. (rao, ) |
Filing 32 EXHIBIT by Plaintiff XYZ Corporation Amended Schedule A (Carter, Alison) |
Filing 31 ANSWER to amended complaint by ProCosplay (Attachments: #1 Certificate of Service)(Stockman, Travis) |
Filing 30 ATTORNEY Appearance for Defendant ProCosplay by Travis Jacob Stockman (Stockman, Travis) |
Filing 29 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal #27 , which seeks to voluntarily dismiss defendant No. 130 LATESTBUY under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendant No. 130 LATESTBUY the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 1/16/2022 identifying the remaining defendants. (rao, ) |
Filing 28 MINUTE entry before the Honorable Martha M. Pacold: 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 1/10/2022. Plaintiff shall serve defendants with this notice. (rao, ) |
Filing 27 NOTICE of Voluntary Dismissal by XYZ Corporation of Certain Defendants (Quezada, Sofia) |
Filing 26 SUMMONS Returned Executed by XYZ Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/29/2021, answer due 1/19/2022. (Attachments: #1 Declaration of Service)(Quezada, Sofia) |
Filing 25 DECLARATION of Ann Marie Sullivan regarding motion for preliminary injunction #23 (Quezada, Sofia) |
Filing 24 MEMORANDUM by XYZ Corporation in support of motion for preliminary injunction #23 (Quezada, Sofia) |
Filing 23 MOTION by Plaintiff XYZ Corporation for preliminary injunction (Quezada, Sofia) |
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A. (lxk, ) |
Filing 22 EXTENSION OF THE TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 12/21/2021:(rao, ) Modified on 1/21/2022 (nsf, ). |
Filing 21 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to extend the Temporary Restraining Order #19 is granted. (rao, ) |
Filing 20 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to submit a proposed order for plaintiff's extension motion #19 to the court's proposed order inbox at Proposed_Order_Pacold@ilnd.uscourts.gov by noon on 12/21/2021. (rao, ) |
Filing 19 MOTION by Plaintiff XYZ Corporation for extension of time of Temporary Restraining Order (Attachments: #1 Supplement Memorandum in Support of Motion, #2 Declaration of Ann Marie Sullivan)(Carter, Alison) |
Filing 18 SURETY BOND in the amount of $ 10,000 posted by XYZ Corporation. (nsf, ) Modified on 12/15/2021 (nsf, ). |
Filing 17 TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 12/7/2021:(rao, ) Modified on 1/21/2022 (nsf, ). |
Filing 16 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions #10 , #12 , the supporting memoranda #11 , #13 and the temporary restraining order, Plaintiff's motions for electronic service of process #12 and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #10 are 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 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. (rao, ) |
Filing 15 AMENDED complaint by XYZ Corporation against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit 1)(Carter, Alison) |
Filing 14 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 a 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. Plaintiff can protect its interest in avoiding the destruction of evidence and transfer of assets by filing the temporary restraining order ex parte and through sealing the information regarding the identities of the defendants and the URLs through which they operate. 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, but the motion to seal is granted with respect to Plaintiff's other requested relief. (rao, ) |
Filing 13 MEMORANDUM by XYZ Corporation in support of motion for miscellaneous relief #12 for Electronic Service of Process (Attachments: #1 Declaration in Support of Memorandum, #2 Exhibit 1-4)(Quezada, Sofia) |
Filing 12 MOTION by Plaintiff XYZ Corporation for Electronic Service of Process (Quezada, Sofia) |
Filing 11 MEMORANDUM IN SUPPORT OF PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF A TEMPORARY RESTRAINING ORDER, INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, AND EXPEDITED DISCOVERY by Plaintiff XYZ Corporation for Temporary Restraining Order (Attachments: #1 Declaration in Support of Memorandum, #2 Exhibit 1, #3 Exhibit 2 - Part One, #4 Exhibit 2 - Part Two, #5 Exhibit 2 - Part Three)(Quezada, Sofia) Modified on 1/21/2022 (nsf, ). |
Filing 10 MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order (Quezada, Sofia) Modified on 1/21/2022 (nsf, ). |
Filing 9 MAILED trademark report to Patent Trademark Office, Alexandria VA (SEALED). (Attachments: #1 Trademarks)(aee, ) |
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 #6 Certain Documents under Seal and to Proceed Temporarily under a Pseudonym (Attachments: #1 Declaration of Ann Marie Sullivan, #2 Declaration of Sandy Zhuang, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3)(Carter, Alison) |
Filing 6 MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal and to Proceed Temporarily 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 0752-18924378. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Schedule A)(Carter, Alison) |
CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (cxr, ) |
CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (cxr, ) |
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