Telfar LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Telfar LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule "A" and telfartip.com |
| 1:2021cv06839 |
| December 23, 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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This docket was last retrieved on February 4, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 38 ENTERED JUDGMENT Signed by the courtroom deputy on 02/04/2022. Emailed notice (mw, ) |
| Filing 37 FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 02/04/2022. Emailed notice (mw, ) |
| Filing 36 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #33 for default judgment and permanent injunction is granted. As explained in the judgment order, an award of $50,000 is appropriate. A separate AO-450 judgment shall be entered, along with a permanent injunction in light of willfulness. The tracking status hearing of 02/11/2022 is vacated. Civil case terminated. Emailed notice (mw, ) |
| Filing 35 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #34 (Attachments: #1 Exhibit 1)(Martin, Allyson) |
| Filing 34 MEMORANDUM by Telfar LLC in support of motion for entry of default, motion for default judgment #33 (Attachments: #1 Exhibit 1)(Martin, Allyson) |
| Filing 33 MOTION by Plaintiff Telfar LLC for entry of default , MOTION by Plaintiff Telfar LLC for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Martin, Allyson) |
| NEW PARTIES: telfartip.com added to case caption. (Ziegler, Amy) |
| Filing 32 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 01/10/2022. Emailed notice (mw, ) |
| Filing 31 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the TRO, the motion #27 for preliminary injunction is granted. Given the answer deadline of 01/27/2022, the tracking status hearing of 01/11/2022 is reset to 02/11/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). If the Defendant does not answer on time, then the Defendant shall be deemed in default. On or before 02/02/2022, either the parties shall file a joint initial status report or, if the Defendant is in default, then the Plaintiff shall file a motion for default judgment. Emailed notice (mw, ) |
| Filing 30 SUMMONS Returned Executed by Telfar LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 1/6/2022, answer due 1/27/2022. (Attachments: #1 Declaration of Abby M. Neu)(Neu, Abby) |
| Filing 29 NOTICE by Telfar LLC re MOTION by Plaintiff Telfar LLC for preliminary injunction #27 (Martin, Allyson) |
| Filing 28 MEMORANDUM by Telfar LLC 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 Telfar LLC for preliminary injunction (Martin, Allyson) |
| BOND in the amount of $ 1,000.00 check, Receipt No. 4624266424, posted by Telfar LLC. (lxk, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (cxr, ) |
| Filing 26 TEMPORARY Restraining Order signed by the Honorable Edmond E. Chang on 12/28/2021. Mailed notice(lk, ) Modified on 1/11/2022 (exr, ). |
| Filing 25 MINUTE entry before the Honorable Edmond E. Chang. The Plaintiff's motion #11 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 01/05/2022, 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 #17 for electronic service of process is granted for good cause. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 01/11/2022 at 8:30 a.m.. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 01/06/2022. Mailed notice (lk, ) |
| Filing 24 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (exr, ) |
| Filing 23 MAILED trademark report to Patent Trademark Office, Alexandria VA (exr, ) |
| Filing 22 Notice of Claims Involving Trademarks by Telfar LLC (Gaudio, Justin) |
| Filing 21 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Telfar LLC (Gaudio, Justin) |
| Filing 20 NOTICE by Telfar LLC re MOTION by Plaintiff Telfar LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #17 , MOTION by Plaintiff Telfar LLC for leave to file under seal #3 , MOTION by Plaintiff Telfar LLC for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, and Expedited Discovery #11 (Gaudio, Justin) |
| Filing 19 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #18 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 18 MEMORANDUM by Telfar LLC in support of motion for miscellaneous relief #17 (Gaudio, Justin) |
| Filing 17 MOTION by Plaintiff Telfar LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 16 EXHIBIT by Plaintiff Telfar LLC Exhibit 6 regarding declaration #14 (Gaudio, Justin) Modified on 1/11/2022 (exr, ). |
| Filing 15 EXHIBIT by Plaintiff Telfar LLC Exhibit 5 regarding declaration #14 (Gaudio, Justin) Modified on 1/11/2022 (exr, ). |
| Filing 14 DECLARATION of Telfar Clemens regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 13 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 12 MEMORANDUM by Telfar LLC in support of motion for temporary restraining order #11 (Gaudio, Justin) |
| Filing 11 MOTION by Plaintiff Telfar LLC 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 10 EXHIBIT by Plaintiff Telfar LLC Schedule A regarding amended complaint, #9 (Gaudio, Justin) Modified on 1/11/2022 (exr, ). |
| Filing 9 AMENDED complaint by Telfar 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, #6 Exhibit 6)(Gaudio, Justin) |
| Filing 8 ATTORNEY Appearance for Plaintiff Telfar LLC by Abby Marie Neu (Neu, Abby) |
| Filing 7 ATTORNEY Appearance for Plaintiff Telfar LLC by Allyson M. Martin (Martin, Allyson) |
| Filing 6 ATTORNEY Appearance for Plaintiff Telfar LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 5 ATTORNEY Appearance for Plaintiff Telfar LLC by Justin R. Gaudio (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Telfar LLC for leave to file under seal (Gaudio, Justin) |
| Filing 2 EXHIBIT by Plaintiff Telfar LLC Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 1/11/2022 (exr, ). |
| Filing 1 COMPLAINT filed by Telfar LLC; Filing fee $ 402, receipt number 0752-18995976. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(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. (ey, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (ey, ) |
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