Those Characters from Cleveland, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Those Characters from Cleveland, LLC |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto and The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 1:2022cv04317 |
| August 16, 2022 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 11, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 51 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 10/11/2022. Notices mailed. (psm, ) |
| Filing 50 MINUTE entry before the Honorable Manish S. Shah: No objections to the motion for a preliminary injunction have been filed. The motion #43 is unopposed and granted. The evidence submitted in support of the TRO establishes that a preliminary injunction should issue, because plaintiff has demonstrated a likelihood of success, irreparable harm, and the absence of harm to defendants from the requested injunction. Enter preliminary injunction. Notices mailed. (psm, ) |
| Filing 49 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 1, 2 (Hierl, Michael) |
| Filing 48 SUMMONS Returned Executed by Those Characters from Cleveland, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 9/22/2022, answer due 10/13/2022. (Hierl, Michael) |
| Filing 47 MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction must be filed by 9/27/22. If no objections are filed, the motion will be considered unopposed. (mss) |
| Filing 46 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 67 (Hierl, Michael) |
| Filing 45 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #43 (Hierl, Michael) |
| Filing 44 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for preliminary injunction #43 (Hierl, Michael) |
| Filing 43 MOTION by Plaintiff Those Characters from Cleveland, LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (ak, ) |
| Filing 42 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #41 is granted. The TRO is extended to 9/27/22. Notices mailed. (psm, ) |
| Filing 41 MOTION by Plaintiff Those Characters from Cleveland, LLC for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 40 SURETY BOND in the amount of $ 10,000 posted by Those Characters from Cleveland, LLC. (Document not Scanned) (jh, ) |
| Filing 39 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 8/30/2022. Notices mailed. (psm, ) |
| Filing 38 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for reconsideration #37 and renewed motion for an ex parte TRO #34 are granted. Plaintiff has filed an amended complaint that drops the claims against most of the defendants in the original complaint. See #33 . The court's earlier TRO #31 is vacated, but may remain under seal. The court warns plaintiff that it must not use that now-vacated TRO to freeze any assets. The court again reminds counsel at Hughes Socol that it should not submit proposed orders that propose relief as to "Defendant Domain Names" when plaintiff's complaint and Schedule A lists no "Defendant Domain Names." The court will not enter injunctions against unidentified domain names and will not enter domain name transfer orders when plaintiff lists only aliases and online marketplace accounts. Plaintiff's renewed motion for a TRO is granted for the same reasons the original TRO was granted, and a bond in the amount of $10,000 is sufficient security. Enter Sealed TRO. Notices mailed. (psm, ) |
| Filing 37 MOTION by Plaintiff Those Characters from Cleveland, LLC for reconsideration Plaintiff's Motion for Reconsideration of the August 23, 2022 Order [Dkt. No. 30] (Hierl, Michael) |
| Filing 36 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 of Gorman Declaration (Hierl, Michael) |
| Filing 35 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for temporary restraining order, #34 (Attachments: #1 Declaration Gorman Declaration, #2 Exhibit 1, #3 Exhibit 2 Part 1, #4 Exhibit 2 Part 2, #5 Declaration Hierl Declaration, #6 Exhibit Hierl Exhibit 1, #7 Exhibit Hierl Exhibit 2, #8 Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Filing 34 MOTION by Plaintiff Those Characters from Cleveland, LLC for temporary restraining order Plaintiff's Renewed Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael) |
| Filing 33 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Amended Schedule A (Hierl, Michael) |
| Filing 32 AMENDED complaint by Those Characters from Cleveland, LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part 1, #3 Exhibit 2 Part 2)(Hierl, Michael) |
| Filing 31 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 8/23/2022. Notices mailed. (psm, ) |
| Filing 30 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal #6 , for excess pages #9 , and for a temporary restraining order, asset restraint, expedited discovery, and electronic service of process #10 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 (although not overwhelming as to every single defendant), 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 and causes consumer confusion. 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. The court is doubtful that the defendants are properly joined. Plaintiff makes no showing that a defendant selling a mobile phone cover is engaged in the same transaction as a defendant selling a t-shirt (the similarities in online storefronts is not a persuasive indicator of joint action). In addition, plaintiff's likelihood of success as to each defendant is not the same. For example, the product depicted at #21 at 164 is a transparent cell phone case. The defendant may be using a copyrighted work in certain images, but the product itself does not appear to infringe and the seller is not advertising its product by trading on the Care Bears brand. Plaintiff's showing is weak as to that defendant, and raises a concern that plaintiff is overplaying its hand (especially by naming 249 likely improperly joined defendants in a single complaint). There is a risk that every defendant is wrongfully enjoined by an injunction issued in such a case. To properly secure against the damages caused by a wrongful injunction, plaintiff must post $2,490,000 ($10,000 per defendant). Plaintiff shall post security by August 30, 2022. Enter Sealed TRO. If security is not timely posted, the court will vacate the ex parte TRO and unseal all filings. Notices mailed. (psm, ) |
| Filing 29 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jg, ) |
| Filing 28 MAILED Trademark report to Patent Trademark Office, Alexandria VA (jg, ) |
| Filing 27 MAILED Copyright report to Registrar, Washington DC (jg, ) |
| Filing 26 Notice of Claims Involving Trademarks by Those Characters from Cleveland, LLC (Hierl, Michael) |
| Filing 25 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 14 of Gorman Declaration (Hierl, Michael) |
| Filing 24 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 13 of Gorman Declaration (Hierl, Michael) |
| Filing 23 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 12 of Gorman Declaration (Hierl, Michael) |
| Filing 22 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 11 of Gorman Declaration (Hierl, Michael) |
| Filing 21 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 10 of Gorman Declaration (Hierl, Michael) |
| Filing 20 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 9 of Gorman Declaration (Hierl, Michael) |
| Filing 19 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 8 of Gorman Declaration (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 7 of Gorman Declaration (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 6 of Gorman Declaration (Hierl, Michael) |
| Filing 16 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 5 of Gorman Declaration (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 4 of Gorman Declaration (Hierl, Michael) |
| Filing 14 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 3 of Gorman Declaration (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 2 of Gorman Declaration (Hierl, Michael) |
| Filing 12 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 1 of Gorman Declaration (Hierl, Michael) |
| Filing 11 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for temporary restraining order, #10 (Attachments: #1 Declaration Gorman Declaration, #2 Exhibit 1, #3 Exhibit 2 Part 1, #4 Exhibit 2 Part 2, #5 Declaration Hierl Declaration, #6 Exhibit Hierl Exhibit 1, #7 Exhibit Hierl Exhibit 2, #8 Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Filing 10 MOTION by Plaintiff Those Characters from Cleveland, LLC for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael) |
| Filing 9 MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Those Characters from Cleveland, LLC (Hierl, Michael) |
| Filing 7 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Sealed Schedule A (Hierl, Michael) |
| Filing 6 MOTION by Plaintiff Those Characters from Cleveland, LLC to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 5 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Those Characters from Cleveland, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-19745422. (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part 1, #3 Exhibit 2 Part 2)(Hierl, Michael) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (mbh, ) |
| 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. (mbh, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Those Characters from Cleveland, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Those Characters from Cleveland, LLC | |
| Represented By: | Robert Payton Mcmurray |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Michael A. Hierl |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
