Lululemon Athletica Canada Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Lululemon Athletica Canada Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule "A" and lululemononline.shop |
| 1:2021cv06728 |
| December 17, 2021 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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| Document Text |
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| Filing 38 MAILED trademark report with certified copy of final judgment order dated 1/28/2022 to Patent Trademark Office, Alexandria VA (exr, ) |
| Filing 37 ENTERED JUDGMENT on 1/28/2022. Mailed notice (cn). |
| Filing 36 FINAL JUDGMENT ORDER signed by the Honorable Edmond E. Chang on 1/28/2022. Mailed notice (cn). |
| Filing 35 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #32 for default judgment is granted in light of the absence of a timely answer. As explained in the judgment order, judgment is entered in favor of the Plaintiff against the Defendants in the amount of $50,000. Permanent injunction entered in light of the of the willfulness established by the default. A separate AO-450 judgment shall be entered. The tracking status hearing of 02/04/2022 is vacated. Civil case terminated. Mailed notice (cn). |
| Filing 34 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #33 (Attachments: #1 Exhibit 1)(Martin, Allyson) |
| Filing 33 MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for entry of default,, motion for default judgment, #32 (Martin, Allyson) |
| Filing 32 MOTION by Plaintiff Lululemon Athletica Canada Inc. for entry of default as to all Defendants, MOTION by Plaintiff Lululemon Athletica Canada Inc. for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Martin, Allyson) |
| NEW PARTIES: lululemononline.shop added to case caption. (Ziegler, Amy) |
| Filing 31 PRELIMINARY INJUNCTION signed by the Honorable Edmond E. Chang on 12/29/2021: In light of the facts that justified entry of the TRO, the Plaintiff's motion #27 for preliminary injunction is granted. Given the answer deadline of 01/19/2022, the tracking status hearing of 01/04/2022 is reset to 02/04/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, by 01/28/2022, the parties shall file a status report or, if the Defendant is in default for failing to timely answer, then the Plaintiff shall file a motion for default judgment. Emailed notice(eec) |
| Filing 30 SUMMONS Returned Executed by Lululemon Athletica Canada Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 12/29/2021, answer due 1/19/2022. (Attachments: #1 Declaration of Abby M. Neu)(Neu, Abby) |
| Filing 29 NOTICE by Lululemon Athletica Canada Inc. re MOTION by Plaintiff Lululemon Athletica Canada Inc. for preliminary injunction #27 (Martin, Allyson) |
| Filing 28 MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for preliminary injunction #27 (Attachments: #1 Declaration of Allyson M. Martin, #2 Exhibit 1)(Martin, Allyson) |
| Filing 27 MOTION by Plaintiff Lululemon Athletica Canada Inc. for preliminary injunction (Martin, Allyson) |
| The BOND posted by Lululemon Athletica Canada Inc. given Receipt No. 4624266094. (ak, ) |
| BOND in the amount of $ $1,000.00 posted by Lululemon Athletica Canada Inc. (ak, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A". (ng, ) |
| Filing 26 TEMPORARY Restraining Order. Signed by the Honorable Edmond E. Chang on 12/21/2021. Mailed notice. (kp, ) Modified on 12/30/2021 (exr, ). |
| Filing 25 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #13 for temporary restraining order and other relief is granted. An order will be entered under seal separately and will be in effect until 01/04/2022. 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 12/29/2021, 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 #19 for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 01/04/2022 at 8:30 a.m.. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 12/29/2021. Mailed notice. (kp, ) |
| Filing 24 Notice of Claims Involving Trademarks by Lululemon Athletica Canada Inc. (Gaudio, Justin) |
| Filing 23 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Lululemon Athletica Canada Inc. (Gaudio, Justin) |
| Filing 22 NOTICE by Lululemon Athletica Canada Inc. re MOTION by Plaintiff Lululemon Athletica Canada Inc. for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, and Expedited Discovery #13 , MOTION by Plaintiff Lululemon Athletica Canada Inc. for leave to file under seal #3 , MOTION by Plaintiff Lululemon Athletica Canada Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #19 (Gaudio, Justin) |
| Filing 21 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #20 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 20 MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for miscellaneous relief #19 (Gaudio, Justin) |
| Filing 19 MOTION by Plaintiff Lululemon Athletica Canada Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 18 EXHIBIT by Plaintiff Lululemon Athletica Canada Inc. Exhibit 5 regarding declaration #16 (Gaudio, Justin) Modified on 12/30/2021 (exr, ). |
| Filing 17 EXHIBIT by Plaintiff Lululemon Athletica Canada Inc. Exhibit 4 regarding declaration #16 (Gaudio, Justin) Modified on 12/30/2021 (exr, ). |
| Filing 16 DECLARATION of Jenny Vo regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 15 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 14 MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Lululemon Athletica Canada Inc. for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 12 EXHIBIT by Plaintiff Lululemon Athletica Canada Inc. Schedule A regarding amended complaint, #11 (Gaudio, Justin) Modified on 12/30/2021 (exr, ). |
| Filing 11 AMENDED complaint by Lululemon Athletica Canada Inc. against The Partnerships and Unincorporated Associations Identified on Schedule "A" (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 10 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (exr, ) |
| Filing 9 MAILED trademark report to Patent Trademark Office, Alexandria VA (exr, ) |
| Filing 8 ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Abby Marie Neu (Neu, Abby) |
| Filing 7 ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Allyson M. Martin (Martin, Allyson) |
| Filing 6 ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 5 ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Lululemon Athletica Canada Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 2 EXHIBIT by Plaintiff Lululemon Athletica Canada Inc. Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 12/30/2021 (exr, ). |
| Filing 1 COMPLAINT filed by Lululemon Athletica Canada Inc.; Filing fee $ 402, receipt number 0752-18980163. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| 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 Edmond E. Chang. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (jmk, ) |
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| Plaintiff: Lululemon Athletica Canada Inc. | |
| Represented By: | Amy Crout Ziegler |
| Represented By: | Abby Marie Neu |
| Represented By: | Allyson M. Martin |
| Represented By: | Justin R. Gaudio |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule "A" | |
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| Defendant: lululemononline.shop | |
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