Volkswagen Group of America, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
Volkswagen Group of America, Inc. |
The Partnerships and Unincorporated Associations Identified on Schedule "A", CAR FAN, zhangdahuiDM, Runxianshangdian, LIEJ, AMHANYUNXI, VF accessories, LzhLzh Lcc, TANGUST, Chifengshisongshanquyanqibaihuojingxiaochu, A39JYBQUUKU173, WhiteSails SA, yuyangbin-Home, Tucson--US, DUANQIWEI, zhengzhougenyanshangmaoyouxiangongsi, zhoukoushisuocuoshangmaoyouxiangongsi, YYDZBM, LCM&NA, OLIKE-CARBON, Game guru, DZC-GJ, A3LO0JUDQL83RC, jionkey1108, GaleJade, longzhimei, SUJWER, xtcar, Xiaodeng, Mirtry Gtietd, LJSW, SENYAZON-US, clear Qing, Knight auto, gui zhou xiao shang an dun mao yi you xian gong si, Febway, A5GFVU7NFL1OJ, XiangC, ZIMIZ, GOTR, Da shen shop, yangjiaolian-Home, BOYI&NA, YXH Store, WANGWEI6389, huayujia-home, BD-Boombdl Direct, LJHlk Lcc, SLan Shop, lv liang shi li shi qu yang kai, Happy car, songsangmao1992, The mechanic's Apprentice, cccbaihuo-Home, yuanpingshixizhenshiguangzahuodian, TiToeKi USA, Pucous Lcc, naxienian, YEQIQIDIANS, AMSGSDJW6X6YZ, xiangyuejiazhou, Blur&Oasis, GZMILU, ATHCDA6T3BM1O, Sendi Lcc, SHENGHA10, crookedgu, MAXDOOL, Hurricane-S, XLSM, liufangnan, TrimAutoac77, googjle, zhangchao188, nydian, qsuper2, car_stickers, suozhi1998, ldy1car, 682985cyp, 9ele_qrhis4c, elifestar, fossika6618, goods4u2222, haif-trading, jaydenk8888, jiaming2020, lishihu2017, suit_u2018, tracyyantao-7, traczhimi_0, tuowin2019, tz-autmac, wupeng_35, xiaojin0930, yanzhimin0323-6, guangzhou Liyuan, beijingyingjianhongruanruanjiankejiyouxiangongsi, Today trading company, Small tree trading company, Flamestor, Round foreign trade shop, wangdongxu, shuangyuerjingpin, LOVE2HOME, Eagle Trading Company, CSCD, Lisa-xu, MFC, liuwaiyhh, Q Fashion foreign trade shop, laodang, SENYAZON, luoqiulian, yangzizi, ganmipu, Yihuanpeijian888, XIAOCILAO, cccyes, Q ZDF LOP, huang44qwe, DidaogushangzH, JingyinaioZz, yangling998, fc789789, eik066, ZQL002, yuanguizhuanl, ngwg4, CXLWM, znghohoya, lia0086shop, longguilian4413, Yangying12345, Liusanmei720905, Calligraphy Fonts, yujhs, guanweixin8936, Auto car1 and guowei1122 |
1:2022cv00863 |
February 16, 2022 |
US District Court for the Northern District of Illinois |
Martha M Pacold |
Trademark |
15 U.S.C. § 1114 Trademark Infringement |
None |
Docket Report
This docket was last retrieved on April 15, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 40 AMENDED exhibit #2 Amended Schedule A (Martin, Allyson) |
Filing 39 MOTION by Plaintiff Volkswagen Group of America, Inc.for Leave to Amend Schedule A to the Complaint Instanter (Martin, Allyson) |
Filing 38 ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on April 5, 2022. Mailed notice (ph, ) |
Filing 37 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 4/5/2022: (rao, ) |
Filing 36 MINUTE entry before the Honorable Martha M. Pacold: No defendant has filed an objection to the motion for preliminary injunction. The motion for preliminary injunction #32 is granted. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Enter Preliminary Injunction. The Clerk of Court 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. (rao, ) |
NEW PARTIES: CAR FAN, zhangdahuiDM, Runxianshangdian, LIEJ, AMHANYUNXI, VF accessories, LzhLzh Lcc, TANGUST, Chifengshisongshanquyanqibaihuojingxiaochu, A39JYBQUUKU173, WhiteSails SA, yuyangbin-Home, Tucson--US, DUANQIWEI, zhengzhougenyanshangmaoyouxiangongsi, zhoukoushisuocuoshangmaoyouxiangongsi, YYDZBM, LCM&NA, OLIKE-CARBON, Game guru, DZC-GJ, A3LO0JUDQL83RC, jionkey1108, GaleJade, longzhimei, SUJWER, xtcar, Xiaodeng, Mirtry Gtietd, LJSW, SENYAZON-US, clear Qing, Knight auto, gui zhou xiao shang an dun mao yi you xian gong si, Febway, A5GFVU7NFL1OJ, XiangC, ZIMIZ, GOTR, Da shen shop, yangjiaolian-Home, BOYI&NA, YXH Store, WANGWEI6389, huayujia-home, BD-Boombdl Direct, LJHlk Lcc, SLan Shop, lv liang shi li shi qu yang kai, Happy car, songsangmao1992, The mechanic's Apprentice, cccbaihuo-Home, yuanpingshixizhenshiguangzahuodian, TiToeKi USA, Pucous Lcc, naxienian, YEQIQIDIANS, AMSGSDJW6X6YZ, xiangyuejiazhou, Blur&Oasis, GZMILU, ATHCDA6T3BM1O, Sendi Lcc, SHENGHA10, crookedgu, MAXDOOL, Hurricane-S, XLSM, liufangnan, TrimAutoac77, googjle, zhangchao188, nydian, qsuper2, car_stickers, suozhi1998, ldy1car, 682985cyp, 9ele_qrhis4c, elifestar, fossika6618, goods4u2222, haif-trading, jaydenk8888, jiaming2020, lishihu2017, suit_u2018, tracyyantao-7, traczhimi_0, tuowin2019, tz-autmac, wupeng_35, xiaojin0930, yanzhimin0323-6, guangzhou Liyuan, beijingyingjianhongruanruanjiankejiyouxiangongsi, Today trading company, Small tree trading company, Flamestor, Round foreign trade shop, wangdongxu, shuangyuerjingpin, LOVE2HOME, Eagle Trading Company, CSCD, Lisa-xu, MFC, liuwaiyhh, Q Fashion foreign trade shop, laodang, SENYAZON, luoqiulian, yangzizi, ganmipu, Yihuanpeijian888, XIAOCILAO, cccyes, Q ZDF LOP, huang44qwe, DidaogushangzH, JingyinaioZz, yangling998, fc789789, eik066, ZQL002, yuanguizhuanl, ngwg4, CXLWM, znghohoya, lia0086shop, longguilian4413, Yangying12345, Liusanmei720905, Calligraphy Fonts, yujhs, guanweixin8936, Auto car1 and guowei1122 added to case caption. (Ziegler, Amy) |
Filing 35 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction #32 under advisement and will consider the motion unopposed if no defendant appears and objects by 3/25/2022. Plaintiff shall serve defendants with this notice. For the reasons stated in the Court's orders entering and extending the TRO, as well as in Plaintiff's earlier motion #27 to extend the TRO, the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. (rao, ) |
Filing 34 SUMMONS Returned Executed by Volkswagen Group of America, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 3/15/2022, answer due 4/5/2022. (Attachments: #1 Declaration of Allyson M. Martin, #2 Exhibit A)(Martin, Allyson) |
Filing 33 MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for preliminary injunction,, extension of time, #32 (Attachments: #1 Declaration of Allyson M. Martin, #2 Exhibit 1)(Martin, Allyson) |
Filing 32 MOTION by Plaintiff Volkswagen Group of America, Inc. for preliminary injunction , MOTION by Plaintiff Volkswagen Group of America, Inc. for extension of time of Temporary Restraining Order (Attachments: #1 Exhibit A)(Martin, Allyson) |
Filing 31 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Benjamin C.R. Lockyer (Lockyer, Benjamin) |
Filing 30 EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/11/2022: (rao, ) |
Filing 29 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order #27 is granted. The TRO is extended until 3/28/2022. (rao, ) |
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (lma, ) |
Filing 28 MEMORANDUM by Volkswagen Group of America, Inc. in support of extension of time #27 (Attachments: #1 Declaration of Allyson M. Martin)(Martin, Allyson) |
Filing 27 MOTION by Plaintiff Volkswagen Group of America, Inc. for extension of time of Temporary Restraining Order (Martin, Allyson) |
Filing 26 SURETY BOND in the amount of $ 10,000.00 posted by Volkswagen Group of America, Inc. (Document not scanned) (ph, ) |
Filing 25 TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 2/28/2022: (rao, ) Modified on 4/5/2022 (ph, ). |
Filing 24 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal #3 is granted. For the reasons set forth in the motions ( #14 , #19 ) filed by plaintiff, the supporting memoranda, and the temporary restraining order, plaintiff's motions for electronic service of process #19 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #14 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 23 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to withdraw the appearance of Martin F. Trainor as counsel #22 is granted. Attorney Martin Francis Trainor terminated. (rao, ) |
Filing 22 MOTION by Attorney Martin F. Trainor to withdraw as attorney for Volkswagen Group of America, Inc.. No party information provided (Gaudio, Justin) |
Filing 21 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #20 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
Filing 20 MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for miscellaneous relief #19 (Gaudio, Justin) |
Filing 19 MOTION by Plaintiff Volkswagen Group of America, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
Filing 18 EXHIBIT by Plaintiff Volkswagen Group of America, Inc. Exhibit 3 - Parts 1-4 regarding declaration #17 (Attachments: #1 Exhibit 3-1, #2 Exhibit 3-2, #3 Exhibit 3-3, #4 Exhibit 3-4)(Gaudio, Justin) Modified on 4/5/2022 (ph, ). |
Filing 17 DECLARATION of Dana A. Cizmadia regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(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 Volkswagen Group of America, Inc. in support of motion for temporary restraining order #14 (Gaudio, Justin) |
Filing 14 MOTION by Plaintiff Volkswagen Group of America, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
Filing 13 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Isaku Begert (Begert, Isaku) |
Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (ph, ) |
Filing 11 MAILED Trademark report to Patent Trademark Office, Alexandria VA (Attachments: #1 (List of Trademarks)) (ph, ) |
Filing 10 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Martin Francis Trainor (Trainor, Martin) |
Filing 9 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Allyson M. Martin (Martin, Allyson) |
Filing 8 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
Filing 7 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Justin R. Gaudio (Gaudio, Justin) |
Filing 6 Notice of Claims Involving Trademarks by Volkswagen Group of America, Inc. (Gaudio, Justin) |
Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Volkswagen Group of America, Inc. (Gaudio, Justin) |
Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
Filing 3 MOTION by Plaintiff Volkswagen Group of America, Inc. for leave to file under seal (Gaudio, Justin) |
Filing 2 EXHIBIT - SCHEDULE A by Plaintiff Volkswagen Group of America, Inc. Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 4/5/2022 (ph, ). |
Filing 1 COMPLAINT filed by Volkswagen Group of America, Inc.; Filing fee $ 402, receipt number 0752-19164697. (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. (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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