Converse Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Converse Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule A and Shop1100004008 Store |
| 1:2022cv02472 |
| May 10, 2022 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Document Text |
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| NEW PARTIES: Shop1100004008 Store added to case caption. (Ziegler, Amy) |
| Filing 34 PRELIMINARY INJUNCTION signed by the Honorable Edmond E. Chang on 6/23/2022: In light of the continued applicability of the circumstances that justified entry of the TRO, the motion #31 for preliminary injunction is granted. In light of the answer deadline of 07/12/2022, the tracking status hearing of 06/24/2022 is reset to 07/29/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 07/22/2022. If the Defendants do not answer by 07/12/2022, then they are deemed in default, and the Plaintiff instead shall file a motion for default judgment in a sum certain by 07/22/2022. Emailed notice(eec) |
| Filing 33 SUMMONS Returned Executed by Converse Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/21/2022, answer due 7/12/2022. (Attachments: #1 Declaration of Jake M. Christensen, #2 Exhibit 1)(Christensen, Jake) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (khg, ) |
| Filing 32 MEMORANDUM by Converse Inc. in support of motion for preliminary injunction, extension of time #31 (Attachments: #1 Declaration of Jake M. Christensen, #2 Exhibit 1)(Christensen, Jake) |
| Filing 31 MOTION by Plaintiff Converse Inc. for preliminary injunction , MOTION by Plaintiff Converse Inc. for extension of time of Temporary Restraining Order (Attachments: #1 Exhibit A)(Christensen, Jake) |
| CIVIL BOND in the amount of $ 1,000.00 check, Receipt No. 4624272573, posted by Converse Inc. (cm, ) |
| Filing 30 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the extension motion #27 on the TRO is granted through 06/22/2022. The tracking status hearing of 06/03/2022 is reset to 06/24/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a preliminary injunction motion (if appropriate) on 06/20/2022 or a status report. Emailed notice (mw, ) |
| Filing 28 MEMORANDUM by Converse Inc. in support of extension of time #27 (Attachments: #1 Declaration of Jake M. Christensen)(Christensen, Jake) |
| Filing 27 MOTION by Plaintiff Converse Inc. for extension of time of Temporary Restraining Order (Christensen, Jake) |
| Filing 29 REDACTED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/25/2022. Emailed notice (mw, ) Modified on 6/24/2022 (exr, ). |
| Filing 26 TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/25/2022. Emailed notice (mw, ) Modified on 6/24/2022 (exr, ). |
| Filing 25 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #16 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 06/01/2022, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the name of Defendant and omitting Amended Schedule A). The Plaintiff's motion #21 for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 06/03/2022 at 8:30 a.m.. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 06/01/2022. Emailed notice (mw, ) |
| Filing 24 ATTORNEY Appearance for Plaintiff Converse Inc. by Marcella Deshonda Slay (Slay, Marcella) |
| Filing 23 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #22 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 22 MEMORANDUM by Converse Inc. in support of motion for miscellaneous relief #21 (Gaudio, Justin) |
| Filing 21 MOTION by Plaintiff Converse Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 20 EXHIBIT by Plaintiff Converse Inc. Exhibit 3 regarding declaration #19 (Attachments: #1 Exhibit 3)(Gaudio, Justin) Modified on 6/24/2022 (exr, ). |
| Filing 19 DECLARATION of Joe Pallett regarding memorandum in support of motion #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 18 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 17 MEMORANDUM by Converse Inc. in support of motion for temporary restraining order #16 (Gaudio, Justin) |
| Filing 16 MOTION by Plaintiff Converse Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 15 EXHIBIT by Plaintiff Converse Inc. Schedule A regarding amended complaint #14 (Gaudio, Justin) Modified on 6/24/2022 (exr, ). |
| Filing 14 AMENDED complaint by Converse 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 13 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Edmond E. Chang, for all further proceedings pursuant to IOP 13(f). Honorable Robert W. Gettleman no longer assigned to the case. Signed by Executive Committee on 5/16/2022.(jh, ) |
| Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jh, ) |
| Filing 11 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| 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. (dxb, ) |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (dxb, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Converse Inc. by Rachel S Miller (Miller, Rachel) |
| Filing 9 ATTORNEY Appearance for Plaintiff Converse Inc. by Jake Michael Christensen (Christensen, Jake) |
| Filing 8 ATTORNEY Appearance for Plaintiff Converse Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff Converse Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Converse Inc. (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Converse Inc. (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Converse Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 2 EXHIBIT by Plaintiff Converse Inc. Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 6/24/2022 (exr, ). |
| Filing 1 COMPLAINT filed by Converse Inc.; Filing fee $ 402, receipt number AILNDC-19450128. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
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