Monster Energy Company v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Monster Energy Company |
| The Partnerships and Unincorporated Associations Identified on Schedule A, 01 iPhoneCase Store, Andy Lucky Star Market, Anhids Store, baby lullaby Store, Current bottle Store, Doi Store, FEIDA Store, Funshop99 Store, Guangdong JH Fashion Home Limited, HappyCow Store, HHXX Phone Accessories Store, HongLi918 Store, HYCCOMEBY Official Store, JueJue Toyshop Store, Kayshion Store, Kids Paradises Store, Lasuli Store, LeadingStar RC Parts Store, LinWenSheng Store, LKCOMO Official Store, Luo Luo Trendy Trading Store, Maiyaca phone accessories Store, meishaonv Store, Misri Store, Morrie Store, Mr Yamily Store, Mrhuang Store, Nake's Store, New Painting Store, OMYS Professional Homediy Store, Professional Lanyard House Store, RONGAILE Store, Shop1100049018 Store, Shop1100087311 Store, Shop1100124006 Store, Shop1100150033 Store, Shop1100277170 Store, Shop4422213 Store, Shop4640161 Store, Shop5681009 Store, Shuang En Store, SmellySheep Store, Time-honored lanyard Store, uuu-ZZY-uuu Store, xm llove Store, XQboss Store, YangfanArt Store, youchi Store, YYDS coque Store, Zhao Bingling. Mobile phone accessories Store, A1IVDW3M6ZRB5T, BaiyiNA, Co1Graphic, Divote, Doufafa, DWLBrothers, hugjuy, ingtanhongdahaiyunyouxiangongsi, jinghongyan, Leibozhiye, LeoMesKing, Lin Qiu ling Art, linlunhuang, NKLDJDSF2DSHG, Panli US, Peng an, qunzill, Wdn, weisst, Wenjian, WHDFODS2PKSJDKS, xiaotaizz, XY-BLAHBLAH, yuanyedianzishangwugongsi, zhangyunhaidianpu, zhangyunxiao01, zhengzhouhuazaidianzikejiyouxiangongsi, ZKMING, princess-rose2013 and zenglixing1985 |
| 1:2022cv02851 |
| May 31, 2022 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Document Text |
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| Filing 32 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 7/12/2022. Notices mailed. (psm, ) |
| Filing 31 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction #27 is granted. No defendant has appeared or objected to the motion. The evidence submitted in support of the TRO also supports the entry of a preliminary injunction. 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. Notices mailed. (psm, ) |
| NEW PARTIES: 01 iPhoneCase Store, Andy Lucky Star Market, Anhids Store, baby lullaby Store, Current bottle Store, Doi Store, FEIDA Store, Funshop99 Store, Guangdong JH Fashion Home Limited, HappyCow Store, HHXX Phone Accessories Store, HongLi918 Store, HYCCOMEBY Official Store, JueJue Toyshop Store, Kayshion Store, Kids Paradises Store, Lasuli Store, LeadingStar RC Parts Store, LinWenSheng Store, LKCOMO Official Store, Luo Luo Trendy Trading Store, Maiyaca phone accessories Store, meishaonv Store, Misri Store, Morrie Store, Mr Yamily Store, Mrhuang Store, Nake's Store, New Painting Store, OMYS Professional Homediy Store, Professional Lanyard House Store, RONGAILE Store, Shop1100049018 Store, Shop1100087311 Store, Shop1100124006 Store, Shop1100150033 Store, Shop1100277170 Store, Shop4422213 Store, Shop4640161 Store, Shop5681009 Store, Shuang En Store, SmellySheep Store, Time-honored lanyard Store, uuu-ZZY-uuu Store, xm llove Store, XQboss Store, YangfanArt Store, youchi Store, YYDS coque Store, Zhao Bingling. Mobile phone accessories Store, A1IVDW3M6ZRB5T, BaiyiNA, Co1Graphic, Divote, Doufafa, DWLBrothers, hugjuy, ingtanhongdahaiyunyouxiangongsi, jinghongyan, Leibozhiye, LeoMesKing, Lin Qiu ling Art, linlunhuang, NKLDJDSF2DSHG, Panli US, Peng an, qunzill, Wdn, weisst, Wenjian, WHDFODS2PKSJDKS, xiaotaizz, XY-BLAHBLAH, yuanyedianzishangwugongsi, zhangyunhaidianpu, zhangyunxiao01, zhengzhouhuazaidianzikejiyouxiangongsi, ZKMING, princess-rose2013 and zenglixing1985 added to case caption. (Ziegler, Amy) |
| Filing 30 MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction must be properly filed by 7/11/2022. If no objections are filed, the motion will be considered unopposed.(mss) |
| Filing 29 SUMMONS Returned Executed by Monster Energy Company as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/6/2022, answer due 7/27/2022. (Attachments: #1 Declaration of Thomas J. Juettner, #2 Exhibit A)(Juettner, Thomas) |
| Filing 28 MEMORANDUM by Monster Energy Company in support of motion for preliminary injunction, extension of time #27 (Attachments: #1 Declaration of Allyson M. Martin, #2 Exhibit 1)(Martin, Allyson) |
| Filing 27 MOTION by Plaintiff Monster Energy Company for preliminary injunction , MOTION by Plaintiff Monster Energy Company for extension of time of Temporary Restraining Order (Attachments: #1 Exhibit A)(Martin, Allyson) |
| Filing 26 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #24 is granted. The TRO is extended to 7/11/22. (mss) |
| Filing 25 MEMORANDUM by Monster Energy Company in support of extension of time #24 (Attachments: #1 Declaration of Allyson M. Martin)(Martin, Allyson) |
| Filing 24 MOTION by Plaintiff Monster Energy Company for extension of time of Temporary Restraining Order (Martin, Allyson) |
| Filing 23 SURETY BOND in the amount of $ 50,000 posted by Monster Energy Company. (Document not imaged) (daj, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (emc, ) |
| Filing 22 TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 6/13/2022. Notices mailed. (psm) Modified on 7/27/2022 (daj, ). |
| Filing 21 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal, motion for a temporary restraining order, asset restraint, and expedited discovery, and motion for electronic service of process #3 #13 #18 are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. 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 is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. A $50,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices mailed. (psm, ) |
| 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 Monster Energy Company in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Monster Energy Companyfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 EXHIBIT by Plaintiff Monster Energy Company 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 7/27/2022 (daj, ). |
| Filing 16 DECLARATION of Bruce Kingsland 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 Monster Energy Company in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Monster Energy Company 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. (aee, ) |
| Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA. (Attachments: #1 Trademarks) (aee, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Monster Energy Company by Thomas Joseph Juettner (Juettner, Thomas) |
| Filing 9 ATTORNEY Appearance for Plaintiff Monster Energy Company by Allyson M. Martin (Martin, Allyson) |
| Filing 8 ATTORNEY Appearance for Plaintiff Monster Energy Company by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff Monster Energy Company by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Monster Energy Company (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Monster Energy Company (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Monster Energy Company for leave to file under seal (Gaudio, Justin) |
| Filing 2 EXHIBIT by Plaintiff Monster Energy Company Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 7/27/2022 (daj, ). |
| Filing 1 COMPLAINT filed by Monster Energy Company; Filing fee $ 402, receipt number AILNDC-19516291. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (khg, ) |
| 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. (khg, ) |
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