Brunett & Esnard IP, LLC v. Does 1-131
| Brunett & Esnard IP, LLC |
| Does 1-131, accessorycitystore, amayahtwistinc, bvhmedical, dkliquidation, eyeseeandsell, gravity_standard, healthcareplus 1, mirage82012, obnwakpud_0, sinnat88, thehealthdepot, ydp2011, Doe 1 Chengdu QSY Technology Co., Ltd, Doe 2 Guangzhou Tengzhang International Trade Co., Ltd., Doe 3 Hefei Super Trade Co., Ltd, Doe 4 Jinhua Zhongman Crafts Co., Ltd., Doe 5 Ningbo Essy Brush Manufacturing Co., Ltd., Doe 6 Ningbo Hongdao E-Commerce Ltd., Doe 7 Ningbo Tongyue International Trade Co., Ltd., Doe 8 Shanghai Your Industry Co., Ltd., Doe 9 Shaoxing Yaone Gifts Co., Ltd., Doe 10 Shenzhen Qibaosen Industrial Co., Ltd., Doe 11 Suzhou Flair Packaging Technology Co., Ltd., Doe 12 Yiwu Elook Trading Co., Ltd., Doe 13 Yiwu Hengli Network Technology C, Doe 14 Yiwu Lehman Electronic Technology Co., Ltd., Doe 15 Yiwu Rexun E-Commerce Firm, Doe 16 Yiwu Zhenmei Beauty Appliance Co., Ltd., Doe 17 Yongjia Shangshow Beauty Tools Factory, Doe 18 AVPro, Doe 19 BH Universal Store, Doe 20 leling 2nd Store, Doe 21 MAKEUP229 Store, Doe 22 nicebeauty 20181218 Store, Doe 23 Prtty Girl Store, Doe 24 The First Sight Store, Doe 25 YELLOWQ Store, Doe 26 YIBER DROPSHIP Store, Doe 27 DREZUR, Doe 28 MOHALIKO Christmas Discount, Doe 29 Waker, Doe 30 amazonlife Store, Doe 31 b2b_beautiful Store, Doe 32 B2b_life, Doe 33 bdesports Store, Doe 34 bdesybag Store, Doe 35 Beauty Hair Products, Doe 36 beautywig315315 Store, Doe 37 big_family_home Store, Doe 38 Bulksell, Doe 39 Byingtrade, Doe 40 Candy5201314, Doe 41 Conatools, Doe 42 damai123 Store, Doe 43 Dhgate Makeu, Doe 44 Dhgate_zhangsihun, Doe 45 Dream_high, Doe 46 Eatout, Doe 47 Ediblesbags500mg, Doe 48 Emmaseasea, Doe 49 facebee Store, Doe 50 fashion_show2017, Doe 51 Folonlove, Doe 52 Goodgoods36, Doe 53 Ibeauty_, Doe 54 Jiaogao, Doe 55 Ladyshome, Doe 56 lisa_beauty_store Store, Doe 57 lotwholesaler Store, Doe 58 Meidy, Doe 59 monalisa2013 Store, Doe 60 Moveszm, Doe 61 nana_shop Store, Doe 62 overturee Store, Doe 63 rightchoicee Store, Doe 64 Rosedior Store, Doe 65 ruby_one Store, Doe 66 Santana, Doe 67 sexylifestyle Store, Doe 68 Shengku, Doe 69 sophine02 Store, Doe 70 Sport77777, Doe 71 Summerzh, Doe 72 therese Store, Doe 73 topscissors Store, Doe 74 toptrimmer, Doe 75 trustbde, Doe 76 V_fashionlife, Doe 77 Walkermove, Doe 78 YAOTA Direct/sextoys11, Doe 79 Yours99, Doe 80 Ytlighting, Doe 83 ankushonline, Doe 84 boutique-shop-story, Doe 86 clip-hair2010, Doe 88 emilycmi, Doe 90 familylemontree-2, Doe 91 fanhua.jgarden, Doe 92 foreveronline-2, Doe 95 home-lifebang, Doe 96 housetronics, Doe 97 jueying_8, Doe 98 lenmengfine-3, Doe 100 mote-au, Doe 101 nikdee_72, Doe 103 rosary_75, Doe 104 ruby-redsky, Doe 105 shang-cn6, Doe 108 uumw_40, Doe 109 wooo-fashion, Doe 111 yeahtech, Doe 112 zenglianga0, Doe 113 11368796 CANADA CORPORATION, Doe 114 Alabamasun, Doe 115 Amanda's Fashion Store, Doe 116 BeHappyWithMe, Doe 117 Branded Beauty Care, Doe 118 China's good place, Doe 119 customercm, Doe 120 Daily groceries, Doe 121 estribillos, Doe 122 F&D Boutique, Doe 123 Getme, Doe 124 jostling, Doe 125 loadlove, Doe 126 LuthereMbEEE, Doe 127 meixiemeipu, Doe 128 tag, Doe 129 Xiao small items, Doe 130 YOUHON and Doe 131 Zlnbor-8 |
| 1:2022cv02145 |
| April 26, 2022 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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| Document Text |
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| Filing 29 MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notices of voluntary dismissal #27 , #28 , the Court hereby dismisses this case with prejudice as to Defendants Yiwu Lehman Electronic Technology Co., Ltd. (No. 14); ankushonline (No. 83); clip-hair2010 (No. 86); and yeahtech (No. 111) and without prejudice as to Defendant Getme (No. 123). As to this latter Defendant, absent reinstatement by 12/21/22, the Court's dismissal shall convert to a dismissal with prejudice without further order. Mailed notice (gel, ) |
| Filing 28 NOTICE of Voluntary Dismissal by All Plaintiffs with prejudice of Doe 14 Yiwu Lehman Electronic Technology Co., Ltd.; Doe 83 ankushonline; Doe 86 clip-hair2010; Doe 111 yeahtech (Keener, Kevin) |
| Filing 27 NOTICE of Voluntary Dismissal by All Plaintiffs without prejudice of Doe 123 Getme (Keener, Kevin) |
| NEW PARTIES: Doe 71 Summerzh, Doe 72 therese Store, Doe 73 topscissors Store, Doe 74 toptrimmer, Doe 75 trustbde, Doe 76 V_fashionlife, Doe 77 Walkermove, Doe 78 YAOTA Direct/sextoys11, Doe 79 Yours99, Doe 80 Ytlighting, Doe 83 ankushonline, Doe 84 boutique-shop-story, Doe 86 clip-hair2010, Doe 88 emilycmi, Doe 90 familylemontree-2, Doe 91 fanhua.jgarden, Doe 92 foreveronline-2, Doe 95 home-lifebang, Doe 96 housetronics, Doe 97 jueying_8, Doe 98 lenmengfine-3, Doe 100 mote-au, Doe 101 nikdee_72, Doe 103 rosary_75, Doe 104 ruby-redsky, Doe 105 shang-cn6, Doe 108 uumw_40, Doe 109 wooo-fashion, Doe 111 yeahtech, Doe 112 zenglianga0, Doe 113 11368796 CANADA CORPORATION, Doe 114 Alabamasun, Doe 115 Amanda's Fashion Store, Doe 116 BeHappyWithMe, Doe 117 Branded Beauty Care, Doe 118 China's good place, Doe 119 customercm, Doe 120 Daily groceries, Doe 121 estribillos, Doe 122 F&D Boutique, Doe 123 Getme, Doe 124 jostling, Doe 125 loadlove, Doe 126 LuthereMbEEE, Doe 127 meixiemeipu, Doe 128 tag, Doe 129 Xiao small items, Doe 130 YOUHON and Doe 131 Zlnbor-8 added to case caption. (Keener, Kevin) |
| NEW PARTIES: Doe 1 Chengdu QSY Technology Co., Ltd, Doe 2 Guangzhou Tengzhang International Trade Co., Ltd., Doe 3 Hefei Super Trade Co., Ltd, Doe 4 Jinhua Zhongman Crafts Co., Ltd., Doe 5 Ningbo Essy Brush Manufacturing Co., Ltd., Doe 6 Ningbo Hongdao E-Commerce Ltd., Doe 7 Ningbo Tongyue International Trade Co., Ltd., Doe 8 Shanghai Your Industry Co., Ltd., Doe 9 Shaoxing Yaone Gifts Co., Ltd., Doe 10 Shenzhen Qibaosen Industrial Co., Ltd., Doe 11 Suzhou Flair Packaging Technology Co., Ltd., Doe 12 Yiwu Elook Trading Co., Ltd., Doe 13 Yiwu Hengli Network Technology C, Doe 14 Yiwu Lehman Electronic Technology Co., Ltd., Doe 15 Yiwu Rexun E-Commerce Firm, Doe 16 Yiwu Zhenmei Beauty Appliance Co., Ltd., Doe 17 Yongjia Shangshow Beauty Tools Factory, Doe 18 AVPro, Doe 19 BH Universal Store, Doe 20 leling 2nd Store, Doe 21 MAKEUP229 Store, Doe 22 nicebeauty 20181218 Store, Doe 23 Prtty Girl Store, Doe 24 The First Sight Store, Doe 25 YELLOWQ Store, Doe 26 YIBER DROPSHIP Store, Doe 27 DREZUR, Doe 28 MOHALIKO Christmas Discount, Doe 29 Waker, Doe 30 amazonlife Store, Doe 31 b2b_beautiful Store, Doe 32 B2b_life, Doe 33 bdesports Store, Doe 34 bdesybag Store, Doe 35 Beauty Hair Products, Doe 36 beautywig315315 Store, Doe 37 big_family_home Store, Doe 38 Bulksell, Doe 39 Byingtrade, Doe 40 Candy5201314, Doe 41 Conatools, Doe 42 damai123 Store, Doe 43 Dhgate Makeu, Doe 44 Dhgate_zhangsihun, Doe 45 Dream_high, Doe 46 Eatout, Doe 47 Ediblesbags500mg, Doe 48 Emmaseasea, Doe 49 facebee Store, Doe 50 fashion_show2017, Doe 51 Folonlove, Doe 52 Goodgoods36, Doe 53 Ibeauty_, Doe 54 Jiaogao, Doe 55 Ladyshome, Doe 56 lisa_beauty_store Store, Doe 57 lotwholesaler Store, Doe 58 Meidy, Doe 59 monalisa2013 Store, Doe 60 Moveszm, Doe 61 nana_shop Store, Doe 62 overturee Store, Doe 63 rightchoicee Store, Doe 64 Rosedior Store, Doe 65 ruby_one Store, Doe 66 Santana, Doe 67 sexylifestyle Store, Doe 68 Shengku, Doe 69 sophine02 Store and Doe 70 Sport77777 added to case caption. (Keener, Kevin) |
| Filing 26 PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 6/2/2022. Mailed notice(gel, ) |
| Filing 25 MINUTE entry before the Honorable John Robert Blakey: Telephonic status hearing held on 6/2/2022. No defendant has filed an appearance in this matter or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction #21 . Accordingly, and based upon the same findings made in this Court's TRO #13 , this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction #21 . Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all Defendants to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Any motion for default and or default judgment shall be filed on or before 7/18/2022. Telephonic status hearing set for 7/25/2022 at 11:00 a.m. in Courtroom 1203. Counsel shall call into 877-402-9753 and utilize participant code 9955840. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (gel, ) |
| Filing 24 MINUTE entry before the Honorable John Robert Blakey: Plaintiff's oral motion to appear via telephone for the 6/2/2022 hearing is granted. Any party wishing to appear telephonically should call 877-402-9753 and utilize participant code 9955840. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (gel, ) |
| Filing 23 NOTICE of Motion by Kevin John Keener for presentment of motion for preliminary injunction #21 before Honorable John Robert Blakey on 6/2/2022 at 11:00 AM. (Keener, Kevin) |
| Filing 22 MEMORANDUM by Brunett & Esnard IP, LLC in support of motion for preliminary injunction #21 (Attachments: #1 Declaration of Kevin Keener, #2 Exhibit 1 to Declaration of Kevin Keener)(Keener, Kevin) |
| Filing 21 MOTION by Plaintiff Brunett & Esnard IP, LLC for preliminary injunction (Keener, Kevin) |
| Filing 20 SUMMONS Returned Executed by Brunett & Esnard IP, LLC as to Does 1-131 on 5/26/2022, answer due 6/16/2022. (Keener, Kevin) |
| SUMMONS Issued as to Defendant Does 1-131 (ak, ) |
| Filing 19 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal #18 , this case is dismissed without prejudice as to Defendants accessorycitystore, amayahtwistinc, bvhmedical, dkliquidation, eyeseeandsell, gravity_standard, healthcareplus1, mirage82012, obnwakpud_0, sinnat88, thehealthdepot and ydp2011. Mailed notice (gel, ) |
| Filing 18 NOTICE of Voluntary Dismissal by Brunett & Esnard IP, LLC without prejudice of Doe 81 accessorycitystore; Doe 82 amayahtwistinc; Doe 85 bvhmedical; Doe 87dkliquidation; Doe 89 eyeseeandsell; Doe 93 gravity_standard; Doe 94 healthcareplus1; Doe 99 mirage82012; Doe 102 obnwakpud_0; Doe 106 sinnat88; Doe 107 thehealthdepot; Doe 110 ydp2011 (Keener, Kevin) |
| Filing 17 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion #15 to extend the temporary restraining order entered 5/3/22 #13 . The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 5/31/22. The 5/19/22 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 16 NOTICE of Motion by Kevin John Keener for presentment of extension of time #15 before Honorable John Robert Blakey on 5/19/2022 at 11:00 AM. (Keener, Kevin) |
| Filing 15 MOTION by Plaintiff Brunett & Esnard IP, LLC for extension of time to Temporary Restraining Order (Keener, Kevin) |
| Filing 14 SURETY BOND in the amount of $ 10,000 posted by Brunett & Esnard IP, LLC. (jh, ) |
| Filing 13 EX PARTE TEMPORARY RESTRAINING ORDER WITH ASSET FREEZE AND OTHER EQUITABLE RELIEF Signed by the Honorable John Robert Blakey on 5/3/2022. Mailed notice(gel, ) Modified on 6/7/2022 (jg, ). |
| Filing 12 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion to seal #5 and motion for leave to file excess pages #6 . The Court also grants Plaintiff's motion for TRO #7 . Although Plaintiff has sued multiple Defendants in this patent infringement suit, the joinder appears to satisfy 35 U.S.C. 299. The statute provides that "parties that are accused infringers may be joined in one action as defendants... only if-- (1) any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and (2) questions of fact common to all defendants or counterclaim defendants will arise in the action. Id. 299(a). The statute specifically provides that "accused infringers may not be joined in one action as defendants... based solely on allegations that they each have infringed the patent or patents in suit." Id. 299(b). Although Plaintiff's complaint lumps all Defendants together, it includes allegations suggesting that Defendants are related, or at least acting in concert, and that their infringement arises out of the same transaction or occurrence or series of transactions or occurrences. For example, Plaintiff alleges that "Defendant Internet Stores share unique identifiers, establishing a logical relationship between them and suggesting that Defendants' counterfeiting actions arise out of the same transaction or occurrence, or series of transactions or occurrences." #1 at 7. Plaintiff also alleges that Defendants "all market counterfeit products and/or market their products that infringe the patent of Plaintiff. On information and belief, all Defendants source their goods from a common manufacturer or consortium of manufacturers under the direction or influence of local or national governments." Id. at 8. And Plaintiff alleges, on information and belief, that "Defendants are an interrelated group of infringers working in active concert to knowingly and willfully make, use, offer for sale, sell, and/or import into the United States for subsequent sale or use infringing products in the same transaction, occurrence, or series of transactions or occurrences." Id. at 12. It alleges that all Defendants "are infringing the '909 patent by making, selling, and/or importing the same infringing product into the United States. Upon information and belief, the accused products are sourced from the unknown manufacturing entity acting in concert with each of the Defendants. Each of the Defendants are selling the same product manufactured by the unknown manufacturing entity. By selling the same accused product, each of the Defendants are infringing the claims of the '909 patent in the same way." Id. at 14. Finally, Plaintiff alleges that, although "Defendants operate under multiple fictitious names, there are numerous similarities among the Defendant Internet Stores. For example, some of the Defendant Internet Stores use identical or equivalent language to sell Unauthorized Products and many use images taken from Plaintiff's own website. In addition, the Unauthorized Products for sale in the Defendant Internet Stores bear similarities and indicia of being related to one another, suggesting that the Unauthorized Products were manufactured by and come from a common source and that, upon information and belief, Defendants are interrelated." Id. at 38-39. In addition, the Court finds, based upon the materials submitted, that Plaintiff has demonstrated that a TRO is otherwise warranted. Enter Order. Absent further order, this TRO will expire 5/17/22. The 5/5/22 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 11 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 6/9/2022, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary,individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, ) |
| Filing 10 MAILED patent report to Patent Trademark Office, Alexandria VA. (lxk, ) |
| Filing 9 NOTICE of Motion by Kevin John Keener for presentment of motion for leave to file #6 , motion to seal document #5 , motion for temporary restraining order #7 before Honorable John Robert Blakey on 5/5/2022 at 11:00 AM. (Keener, Kevin) |
| Filing 8 MEMORANDUM by Plaintiff Brunett & Esnard IP, LLC in Support of Plaintiff's Motion for Entry of (1) Temporary Restraining Order, (2) Asset Restraining Order (3) Expedited Discovery Order, and (4) Service of Process by Email (Attachments: #1 Declaration of Plaintiff, #2 Declaration of Kevin Keener, #3 Exhibit 1 to Declaration of Kevin Keener, #4 Exhibit 2 to Declaration of Kevin Keener, #5 Exhibit 3 to Declaration of Kevin Keener, #6 Exhibit 4 to Declaration of Kevin Keener)(Keener, Kevin) Modified on 6/7/2022 (jg, ). |
| Filing 7 MOTION by Plaintiff Brunett & Esnard IP, LLC for temporary restraining order asset restraining order, expedited discovery order, and service of process by email (Keener, Kevin) |
| Filing 6 MOTION by Plaintiff Brunett & Esnard IP, LLC for leave to file excess pages for Plaintiff's Memorandum in Support for TRO (Keener, Kevin) |
| Filing 5 MOTION by Plaintiff Brunett & Esnard IP, LLC to seal document sealed document, #2 Memorandum in Support of Plaintiff's Motion for TRO (Keener, Kevin) |
| Filing 4 ATTORNEY Appearance for Plaintiff Brunett & Esnard IP, LLC by Kevin John Keener (Keener, Kevin) (Linked document has the incorrect party) Modified on 4/27/2022 (lxk, ). |
| Filing 3 CIVIL Cover Sheet (Keener, Kevin) |
| Filing 2 EXHIBIT 2 by Plaintiff Brunett & Esnard IP, LLC Exhibit 2-part 1 of 9 (Attachments: #1 Exhibit 2- part 2 of 9, #2 Exhibit 2- part 3 of 9, #3 Exhibit 2- part 4 of 9, #4 Exhibit 2- part 5 of 9, #5 Exhibit 2- part 6 of 9, #6 Exhibit 2- part 7 of 9, #7 Exhibit 2- part 8 of 9, #8 Exhibit 2- part 9 of 9, #9 Exhibit 3, #10 Exhibit 4)(Keener, Kevin) Modified on 6/7/2022 (jg, ). |
| Filing 1 COMPLAINT filed by Brunett & Esnard IP, LLC; Filing fee $ 402, receipt number 0752-19375829. (Attachments: #1 Exhibit 1, #2 Exhibit 2, 3, and 4 under seal)(Keener, Kevin) |
| 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 John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (jmk, ) |
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