Board of Regents of the University of Oklahoma v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Board of Regents of the University of Oklahoma |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2022cv02627 |
| May 18, 2022 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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| Document Text |
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| Filing 25 MEMORANDUM by Board of Regents of the University of Oklahoma in support of extension of time #24 (Attachments: #1 Declaration of Jake M. Christensen)(Christensen, Jake) |
| Filing 24 MOTION by Plaintiff Board of Regents of the University of Oklahoma for extension of time of Temporary Restraining Order (Christensen, Jake) |
| Filing 23 SURETY BOND in the amount of $ 10,000.00 posted by Board of Regents of the University of Oklahoma (Document not imaged) (td, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (dxb, ) |
| Filing 22 SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 7/5/2022. (exr, ) |
| Filing 21 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal #3 , ex parte motion for a temporary restraining order and other relief #11 , and motion for electronic service of process #14 are granted in part. Plaintiff's submissions (including the Declarations of Hannah Millsap (Dkt. #14 ) and Justin R. Gaudio (Dkt. #13 )) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries #2 , #16 , and #17 . The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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 this Court and others have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. A temporary transfer of domain names is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice (ef, ) |
| Filing 20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #19 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 19 MEMORANDUM by Board of Regents of the University of Oklahoma in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Board of Regents of the University of Oklahoma for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 SEALED EXHIBIT by Plaintiff Board of Regents of the University of Oklahoma Exhibit 2 regarding declaration #15 (Gaudio, Justin) |
| Filing 16 SEALED EXHIBIT by Plaintiff Board of Regents of the University of Oklahoma Exhibit 1 - Parts 1-2 regarding declaration #15 (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2)(Gaudio, Justin) |
| Filing 15 DECLARATION of Lindsay Conn regarding memorandum in support of motion #12 (Gaudio, Justin) |
| Filing 14 DECLARATION of Hannah Millsap regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(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 Board of Regents of the University of Oklahoma in support of motion for temporary restraining order, #11 (Gaudio, Justin) |
| Filing 11 MOTION by Plaintiff Board of Regents of the University of Oklahoma for temporary restraining order Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 10 MAILED Trademark report to Patent Trademark Office, Alexandria VA (jg, ) |
| Filing 9 ATTORNEY Appearance for Plaintiff Board of Regents of the University of Oklahoma by Rachel S Miller (Miller, Rachel) |
| Filing 8 ATTORNEY Appearance for Plaintiff Board of Regents of the University of Oklahoma by Jake Michael Christensen (Christensen, Jake) |
| Filing 7 ATTORNEY Appearance for Plaintiff Board of Regents of the University of Oklahoma by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 6 ATTORNEY Appearance for Plaintiff Board of Regents of the University of Oklahoma by Justin R. Gaudio (Gaudio, Justin) |
| Filing 5 Notice of Claims Involving Trademarks by Board of Regents of the University of Oklahoma (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Board of Regents of the University of Oklahoma for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Board of Regents of the University of Oklahoma Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Board of Regents of the University of Oklahoma; Filing fee $ 402, receipt number AILNDC-19478538. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (ey, ) |
| 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, ) |
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| Plaintiff: Board of Regents of the University of Oklahoma | |
| Represented By: | Amy Crout Ziegler |
| Represented By: | Jake Michael Christensen |
| 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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