Ubisoft Entertainment, S.A. et. al. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Ubisoft Entertainment, S.A. and Ubisoft, Inc., Ubisoft Entertainment, S.A. and Ubisoft, Inc. |
| 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 |
| 1:2022cv05078 |
| September 19, 2022 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on November 3, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 28 PRELIMINARY INJUNCTION Order signed by the Honorable Edmond E. Chang on 11/3/2022. Mailed notice (cn). |
| Filing 27 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the TRO, the motion for preliminary injunction is granted. Given the answer deadline of 11/18/2022, the tracking status hearing of 11/04/2022 is reset to 12/02/2022 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 11/28/2022, or the Plaintiffs shall file a default judgment motion if appropriate by that same deadline. Mailed notice (Attachments: #1 Initial Status Report) (cn). |
| Filing 26 SUMMONS Returned Executed by Ubisoft Entertainment, S.A., Ubisoft, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 10/28/2022, answer due 11/18/2022. (Hierl, Michael) |
| Filing 25 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #23 (Hierl, Michael) |
| Filing 24 MEMORANDUM by Ubisoft Entertainment, S.A., Ubisoft, Inc. in support of motion for preliminary injunction #23 (Hierl, Michael) |
| Filing 23 MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. 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 (smb, ) |
| Filing 22 MINUTE entry before the Honorable Edmond E. Chang: Given the continued applicability of the facts that justified entry of the initial TRO, the motion to extend the TRO #21 is granted through 11/03/2022. The tracking status hearing of 10/21/2022 is reset to 11/04/2022 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 status report by 10/28/2022, or file a motion for preliminary injunction if appropriate. Emailed notice (mw, ) |
| Filing 21 MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 20 SURETY BOND in the amount of $ 10,000.00 posted by Ubisoft Entertainment, S.A., Ubisoft, Inc. (Document not scanned) (ph, ) |
| Filing 19 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 10/06/2022. Emailed notice (mw, ) |
| Filing 18 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #15 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 Defendants 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 Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion #6 for leave to file under seal is granted in light of the asset-restraint goal. By 10/14/2022, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion for extra pages #14 is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 10/21/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 10/14/2022. Emailed notice (mw, ) |
| Filing 17 SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 of Muraccini Declaration (Hierl, Michael) |
| Filing 16 MEMORANDUM by Ubisoft Entertainment, S.A., Ubisoft, Inc. in support of motion for temporary restraining order, #15 (Attachments: #1 Declaration Muraccini Declaration, #2 Exhibit 1, #3 Declaration Hierl Declaration, #4 Exhibit Hierl Exhibit 1, #5 Exhibit Hierl Exhibit 2, #6 Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Filing 15 MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. for temporary restraining order Plaintiff's 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 14 MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. (Hierl, Michael) |
| Filing 12 AMENDED complaint by Ubisoft Entertainment, S.A. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| Filing 11 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ubisoft Entertainment, S.A. Amended Notification of Affiliates (Hierl, Michael) |
| Filing 10 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jmk, ) |
| Filing 9 MAILED Trademark report to Patent Trademark Office, Alexandria VA (jmk, ) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ubisoft Entertainment, S.A. and Ubisoft, Inc. (Hierl, Michael) |
| Filing 7 SEALED DOCUMENT by Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. Sealed Schedule A (Hierl, Michael) |
| Filing 6 MOTION by Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 5 ATTORNEY Appearance for Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Ubisoft Entertainment, S.A. and Ubisoft, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-19852795. (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable M. David Weisman. 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, ) |
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| Plaintiff: Ubisoft Entertainment, S.A. and Ubisoft, Inc. | |
| Represented By: | Robert Payton Mcmurray |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Michael A. Hierl |
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| Plaintiff: Ubisoft Entertainment, S.A. | |
| Represented By: | Robert Payton Mcmurray |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Michael A. Hierl |
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| Plaintiff: Ubisoft, Inc. | |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto | |
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