Canon Kabushiki Kaisha v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Canon Kabushiki Kaisha |
| The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 1:2022cv01889 |
| April 12, 2022 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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Filing 31
ORDER: The Clerk of Court is directed to unseal Schedule A to the Complaint #2 , Exhibit 3 to the Declaration of Jin Toyoda #17 , and the TRO #22 . Signed by the Honorable Martha M. Pacold on 6/9/2022. Mailed notice (nsf, )
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| Filing 30 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 6/9/2022: (rao, ) |
| Filing 29 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint #27 is granted. Additionally, for the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction #23 is granted. 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. (rao, ) |
| Filing 28 AMENDED exhibit #2 Amended Schedule A (Begert, Isaku) |
| Filing 27 MOTION by Plaintiff Canon Kabushiki Kaisha for Leave to Amend Schedule A to the Complaint instanter (Begert, Isaku) |
| Filing 26 SURETY BOND in the amount of $10,000.00 posted by Canon Kabushiki Kaisha (Document not scanned). (kl, ) |
| Filing 25 SUMMONS Returned Executed by Canon Kabushiki Kaisha as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 4/29/2022, answer due 5/20/2022. (Attachments: #1 Declaration of Rachel S. Miller, #2 Exhibit A)(Miller, Rachel) |
| Filing 24 MEMORANDUM by Canon Kabushiki Kaisha in support of motion for preliminary injunction, extension of time #23 (Attachments: #1 Declaration of Isaku M. Begert, #2 Exhibit 1)(Begert, Isaku) |
| Filing 23 MOTION by Plaintiff Canon Kabushiki Kaisha for preliminary injunction , MOTION by Plaintiff Canon Kabushiki Kaisha for extension of time of Temporary Restraining Order (Attachments: #1 Exhibit A)(Begert, Isaku) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (ak, ) |
| Filing 22 TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 4/21/2022: (rao, ) Modified on 6/10/2022 (jmk, ). |
| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motion for leave to file under seal #3 is granted. Plaintiff's motions for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #13 and for electronic service of process #18 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 timely 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 20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #19 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 19 MEMORANDUM by Canon Kabushiki Kaisha in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Canon Kabushiki Kaisha for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 EXHIBIT by Plaintiff Canon Kabushiki Kaisha Exhibit 3 - Parts 1-3 regarding declaration #16 (Attachments: #1 Exhibit 3-1, #2 Exhibit 3-2, #3 Exhibit 3-3)(Gaudio, Justin) Modified on 6/10/2022 (jmk, ). |
| Filing 16 DECLARATION of Jin Toyoda regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(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 Canon Kabushiki Kaisha in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Canon Kabushiki Kaisha for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 12 MAILED to plaintiff's counsel Lanham Mediation Program materials (kl, ) |
| Filing 11 MAILED Trademark report to Patent Trademark Office, Alexandria VA (kl, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Canon Kabushiki Kaisha by Rachel S Miller (Miller, Rachel) |
| Filing 9 ATTORNEY Appearance for Plaintiff Canon Kabushiki Kaisha by Isaku Begert (Begert, Isaku) |
| Filing 8 ATTORNEY Appearance for Plaintiff Canon Kabushiki Kaisha by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff Canon Kabushiki Kaisha by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Canon Kabushiki Kaisha (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Canon Kabushiki Kaisha (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Canon Kabushiki Kaisha for leave to file under seal (Gaudio, Justin) |
| Filing 2 EXHIBIT by Plaintiff Canon Kabushiki Kaisha Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 6/10/2022 (jmk, ). |
| Filing 1 COMPLAINT filed by Canon Kabushiki Kaisha; Filing fee $ 402, receipt number 0752-19336790. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (ak, ) |
| 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. (ak, ) |
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| Plaintiff: Canon Kabushiki Kaisha | |
| Represented By: | Amy Crout Ziegler |
| Represented By: | Isaku Begert |
| Represented By: | Rachel S Miller |
| Represented By: | Justin R. Gaudio |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule "A" | |
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