Xped LLC v. The Entities listed on Exhibit 1
| Xped LLC and Expeditee LLC |
| The Entities listed on Exhibit 1, Vistastars.com, Sportzen.com, Kawaiikitty.co, Cadadesign.com and Silverybrand.com |
| 1:2021cv06440 |
| December 2, 2021 |
| US District Court for the Northern District of Illinois |
| Charles P Kocoras |
| Trademark |
| 28 U.S.C. § 1338 |
| None |
Docket Report
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| Document Text |
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| Filing 49 MEMORANDUM by Cadadesign.com, Kawaiikitty.co, Silverybrand.com, Sportzen.com, Vistastars.com in support of motion to dismiss #48 (1) First Amended Complaint, (2) For Bond Turnover, (3) For Exceptional Case Designation, and (4) For Sanctions (Attachments: #1 Exhibit 1 - Public Record Search, #2 Exhibit 2 - Expeditee principal place of business, #3 Exhibit 3 - Trademark Query, #4 Declaration Defendants Declarations)(Kinney, Benjamin) |
| Filing 48 MOTION by Defendants Vistastars.com, Kawaiikitty.co, Silverybrand.com, Sportzen.com, Cadadesign.com to dismiss (1) First Amended Complaint, (2) For Bond Turnover, (3) For Exceptional Case Designation, and (4) For Sanctions (Kinney, Benjamin) |
| Filing 47 SUMMONS Returned Executed by Expeditee LLC as to The Entities listed on Exhibit 1 on 1/6/2022, answer due 1/27/2022. (Jones, Patrick) |
| Filing 46 MOTION by Defendants Cadadesign.com, Kawaiikitty.co for order Joint Motion for An Order Directing PayPal to Release Certain Accounts (Kinney, Benjamin) |
| Filing 45 NOTICE of Voluntary Dismissal by Expeditee LLC (Jones, Patrick) |
| Filing 44 MINUTE entry before the Honorable Charles P. Kocoras: Motion to appear pro hac vice #43 is granted. Mailed notice (vcf, ) |
| Filing 43 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19056136. (Flaherty, Sean) |
| Filing 42 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic motion hearing held. Defendants motion to exceed page limit #35 is granted. Emergency motion to vacate preliminary injunction as to defendants Vistastars.com, Sportzen.com, Kawaiikitty.co, Cadadesign.com, and Silverybrand.com #36 is granted. Mailed notice (vcf, ) |
| Filing 41 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic motion hearing set for 1/13/2022 at 10:30 a.m. For the telephonic motion hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) |
| Filing 40 REPLY by Cadadesign.com, Kawaiikitty.co, Silverybrand.com, Sportzen.com, The Entities listed on Exhibit 1, Vistastars.com to MOTION by Defendants Cadadesign.com, Kawaiikitty.co, Silverybrand.com, Sportzen.com, Vistastars.com to vacate Preliminary Injunction #36 (Kinney, Benjamin) |
| Filing 39 Amended Corporate Disclosure Statement by Expeditee LLC (Jones, Patrick) |
| Filing 38 RESPONSE by Expeditee LLCin Opposition to MOTION by Defendants Cadadesign.com, Kawaiikitty.co, Silverybrand.com, Sportzen.com, Vistastars.com to vacate Preliminary Injunction #36 (Attachments: #1 Exhibit A - vistastars.com, #2 Exhibit B - sportyzen.com, #3 Exhibit C - kawaiikitty.com, #4 Exhibit D - cadadesign.com, #5 Exhibit E - silverybrand.com, #6 Exhibit F - corporate document, #7 Exhibit G - BOG image)(Jones, Patrick) |
| Filing 37 MEMORANDUM by Cadadesign.com, Kawaiikitty.co, Silverybrand.com, Sportzen.com, Vistastars.com in support of motion to vacate #36 Preliminary Injunction (Attachments: #1 Exhibit A - Invoice, #2 Exhibit Group Exhibit B - Plaintiff's counsel's emails re preliminary injunction, #3 Exhibit C - Trademark Query)(Kinney, Benjamin) |
| Filing 36 MOTION by Defendants Cadadesign.com, Kawaiikitty.co, Silverybrand.com, Sportzen.com, Vistastars.com to vacate Preliminary Injunction (Kinney, Benjamin) |
| Filing 35 MOTION by Defendants Cadadesign.com, Kawaiikitty.co, Silverybrand.com, Sportzen.com, Vistastars.com for leave to file excess pages (Kinney, Benjamin) |
| Filing 34 ATTORNEY Appearance for Defendants Vistastars.com, Sportzen.com, Kawaiikitty.co, Cadadesign.com, Silverybrand.com by Benjamin Robert Kinney (Attachments: #1 Certificate of Service)(Kinney, Benjamin) |
| Filing 33 NOTICE of Voluntary Dismissal by Expeditee LLC (Jones, Patrick) |
| Filing 32 NOTICE of Voluntary Dismissal by Expeditee LLC (Jones, Patrick) |
| Filing 31 Revised Schedule A to Preliminary Injunction by Expeditee LLC (Jones, Patrick) |
| Filing 30 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Charles P. Kocoras on 1/6/2022. Voluntary dismissal #21 is improperly filed as a motion. Motion for extension of time to serve Amazon Defendants #22 is withdrawn. Motion for preliminary injunction #23 is granted. Motion to withdraw motion for extension of time to serve Amazon defendants #22 and to strike footnote to schedule A #27 #29 is granted. The law firm of PMJ PLLC is hereby ordered to add ALL defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website located at www.ilnd.uscourts.gov/instructions. Mailed notice(vcf, ) |
| Filing 29 MOTION by Plaintiff Expeditee LLC to withdraw extension of time #22 , MOTION by Plaintiff Expeditee LLC to strike other #27 (Attachments: #1 Exhibit Amended Schedule A)(Jones, Patrick) |
| Filing 28 CERTIFICATE of Service (Jones, Patrick) |
| Filing 27 Schedule A to Preliminary Injunction by Expeditee LLC (Jones, Patrick) |
| NEW PARTIES: Expeditee LLC added to case caption. Terminating Xped LLC (Jones, Patrick) |
| Filing 26 Proposed Preliminary Injunction Order by Xped LLC (Jones, Patrick) |
| Filing 25 AMENDED complaint by Xped LLC against Xped LLC (Attachments: #1 Exhibit 1 - Defendants, #2 Exhibit 2 - TM certificates)(Jones, Patrick) |
| Filing 24 SUPPLEMENT to motion for preliminary injunction #23 Memorandum of Law (Jones, Patrick) |
| Filing 23 MOTION by Plaintiff Xped LLC for preliminary injunction (Jones, Patrick) |
| Filing 22 MOTION by Plaintiff Xped LLC for extension of time to serve Amazon Defendants (Attachments: #1 Exhibit A - Jones Decl., #2 Exhibit B - Service Notification)(Jones, Patrick) |
| Filing 21 MOTION by Plaintiff Xped LLC to dismiss certain Defendants voluntarily (Jones, Patrick) |
| Filing 20 REGISTRY DEPOSIT INFORMATION FORM by Xped LLC. (aee, ) |
| Filing 19 MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion to extend Temporary Restraining Order to January 6, 2022 #18 is granted. Mailed notice (vcf, ) |
| BOND in the amount of $5,000.00 cashier's check, Receipt No. 4624265861, posted by Xped LLC (dxb, ) Modified on 12/22/2021 (dxb, ). |
| Filing 18 MOTION by Plaintiff Xped LLC for extension of time of expiration of TRO (Attachments: #1 Exhibit Jones Decl, #2 Exhibit Legal Memorandum)(Jones, Patrick) |
| Filing 17 MINUTE entry before the Honorable Charles P. Kocoras: In light of the Sealed Temporary Restraining Order filed on 12/9/2021 #16 , order entered on 12/9/2021 #14 is vacated. Mailed notice (vcf, ) |
| Filing 15 Entered in error. |
| Filing 16 SEALED Ex Parte Temporary Restraining Order with Asset Freeze and Other Equitable Relief. Signed by the Honorable Charles P. Kocoras on 12/9/2021. Mailed notice(vcf, ) |
Filing 14
ORDER. This order is effective beginning at 12:00 p.m. on December 9, 2021. The Court finds issuing this Order ex parte necessary because of the immediacy of the irreparable harm and in light of the great lengths Defendants undertake to hide their true identities. Plaintiff has demonstrated that it will suffer irreparable harm through the damage to its goodwill by Defendants' continued use of allegedly infringing marks. See Re/Max N. Cent., Inc. v. Cook, 272 F.3d 424, 432 (7th Cir. 2001) ("We have clearly and repeatedly held that damage to a trademark holder's goodwill can constitute irreparable injury for which the trademark owner has no adequate legal remedy.") 4. Plaintiff has shown a reasonable likelihood of success on its claims for federal trademark infringement, unfair competition and false designation of origin, and violations of the Illinois Uniform Deceptive Trade Practices Act. 5. Accordingly, Defendants are enjoined from manufacturing, importing, distributing, offering to sell, and selling products infringing Plaintiff's federally registered trademark. 6. Defendants' webstores on Amazon, eBay, Wish, Alibaba, and Ali Express shall be temporarily disabled. 7. Defendants' assets shall be temporarily frozen. 8. Plaintiff is given leave to conduct expedited disc over and serve defendants by electronic mail. 9. The temporary restraining order shall be effective for fourteen days. Any motion to extend the temporary restraining order shall be filed by 12/21/2021. 10. Plaintiff is ordered to deposit $10,000.00 with the Court as security. Signed by the Honorable Charles P. Kocoras on 12/9/2021. Mailed notice(vcf, )
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| Filing 13 MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's ex parte motion for a temporary restraining order, asset restraining order, expedited discovery order, and service of process by email #6 is granted. Counsel shall submit a proposed order to Proposed_Order_Kocoras@ilnd.uscourts.gov in Word format for entry. Plaintiff's motion for leave to file excess pages #10 and motion to temporarily seal documents #11 are granted. Mailed notice (mjc, ) |
| Filing 12 SEALED DOCUMENT by Plaintiff Xped LLC (Attachments: #1 Exhibit Pt 1, #2 Exhibit Pt 2, #3 Exhibit Pt 3, #4 Exhibit Pt 4)(Jones, Patrick) |
| Filing 11 MOTION by Plaintiff Xped LLC to seal document sealed document #9 , sealed document #3 , sealed document #8 (Jones, Patrick) |
| Filing 10 MOTION by Plaintiff Xped LLC for leave to file excess pages (Jones, Patrick) |
| Filing 9 SEALED DOCUMENT by Plaintiff Xped LLC Ex 2 - Jones Declaration (Attachments: #1 Exhibit A - Unpublished opinions, #2 Exhibit B - Infringing websites)(Jones, Patrick) |
| Filing 8 SEALED DOCUMENT by Plaintiff Xped LLC Vo Declaration (Jones, Patrick) |
| Filing 7 SUPPLEMENT to motion for temporary restraining order #6 Memorandum of Law (Jones, Patrick) |
| Filing 6 MOTION by Plaintiff Xped LLC for temporary restraining order (Jones, Patrick) |
| Filing 5 Corporate Disclosure Statement by Xped LLC (Jones, Patrick) |
| Filing 4 ATTORNEY Appearance for Plaintiff Xped LLC by Patrick M Jones (Jones, Patrick) |
| Filing 3 SEALED DOCUMENT by Plaintiff Xped LLC (Attachments: #1 Exhibit 2 - TM Registration)(Jones, Patrick) |
| Filing 2 CIVIL Cover Sheet (Jones, Patrick) |
| Filing 1 COMPLAINT filed by Xped LLC; Filing fee $ 402, receipt number 0752-18926755.(Jones, Patrick) |
| 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. (jmk, ) |
| CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (jmk, ) |
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