Bad Vibes Forever, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Bad Vibes Forever, LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2022cv03821 |
| July 25, 2022 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Trademark |
| 15 U.S.C. ยง 1114 Trademark Infringement |
| None |
Docket Report
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| Document Text |
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| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (smb, ) |
| Filing 17 SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 9/19/2022. (exr, ) |
| Filing 16 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal #9 , motion for leave to file excess pages #10 , and ex parte motion for a temporary restraining order and other relief 11 are granted in part. Plaintiff's submissions (including the Declaration of Robert A. Celestin) 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 , 11 , and #13 . 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. 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 15 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (cxr, ) |
| Filing 14 MAILED Trademark report to Patent Trademark Office, Alexandria VA (Attachments: #1 Exhibit)(cxr, ) |
| Filing 13 SEALED EXHIBIT by Plaintiff Bad Vibes Forever, LLC Sealed Exhibit 2, Declaration of Robert A. Celestin, Esq. regarding memorandum in support of motion, #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Vogt, Keith) |
| Filing 12 MEMORANDUM in support of 11 Exparte Motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, of Keith A. Vogt's declaration, #3 Declaration of Robert A. Celestin, Esq., #4 Exhibit 1, of Robert A. Celestin, Esq.'s declaration)(Vogt, Keith) |
| Filing 10 MOTION by Plaintiff Bad Vibes Forever, LLC for leave to file excess pages (Vogt, Keith) |
| Filing 9 MOTION by Plaintiff Bad Vibes Forever, LLC for leave to file under seal (Vogt, Keith) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bad Vibes Forever, LLC (Vogt, Keith) |
| Filing 7 ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Bad Vibes Forever, LLC Schedule A to Complaint (1) (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Bad Vibes Forever, LLC; Filing fee $ 402, receipt number AILNDC-19677599. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| 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, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (ak, ) |
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| Plaintiff: Bad Vibes Forever, LLC | |
| Represented By: | Adam Grodman |
| Represented By: | Yanling Jiang |
| Represented By: | Yi Bu |
| Represented By: | Keith A. Vogt |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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