The Gillette Company LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, Unincorporated Associations and Others Identified in Schedule A Hereto
| The Gillette Company LLC |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, Unincorporated Associations and Others Identified in Schedule A Hereto, Hot dealzzz and Nechama Dina Mirzrachi |
| 1:2022cv05504 |
| October 7, 2022 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on December 2, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 42 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the motion filed on behalf of Defendant B. Hive Boutique, LLC. #41 , which is a set of two declarations. The court appreciates that counsel who prepared the motion has not been able to find local counsel yet, and thus, cannot move for leave to appear pro hac vice. However, because Attorney Thomas F. Feeney is not a member of the General Bar of this court, the motion #41 is held in abeyance pending the resolution of Defendant B. Hive Boutique's representation, and is subject to being struck without prejudice to renewal if the status of the representation is not resolved by 12/15/2022. See N.D. Ill. L.R. 83.12(a) & 83.14; Husain v. Gold Coast Exotic Imports, LLC et al, No. 22-cv-03564, Dkt. 37 (N.D. Ill. Oct. 27, 2022). Further, the court considers the motion for preliminary injunction #28 opposed as to defendant B Hive Boutique. Plaintiff's counsel is directed to file by 12/15/2022 a report (after consulting with this defendant) on a joint proposed case schedule with respect to this defendant by 12/15/2022. (rao, ) |
| Filing 41 MOTION by Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, Unincorporated Associations and Others Identified in Schedule A Hereto for extension of time to file response/reply as to complaint,, #1 , motion for preliminary injunction #28 (Attachments: #1 Affidavit Affidavit of Counsel)(Feeney, Thomas) |
| Filing 40 email from Ogulcan Arslan (rao, ) (Additional attachment(s) added on 12/1/2022: #1 Supplement Appeal Letter, #2 Supplement Customer who buy, #3 Supplement account statement) (rao, ). |
| Filing 39 MINUTE entry before the Honorable Martha M. Pacold: On 11/30/2022, Oulcan Arslan emailed the Emergency Judge on behalf of Defendant No. 22, Pasage_. The court is posting the email and attachments on the docket separately. It is not clear whether Pasage_ is an independent legal entity (such as a corporation, LLC, or other organization formally established under the relevant corporate laws of a country or state) or a d/b/a (i.e. a trade name through which Arslan operates without a formally established business entity). If Pasage_ is an independent legal entity, Pasage_ cannot represent itself, nor can a nonlawyer represent Pasage_, and Pasage_ would need to obtain an attorney and that attorney would need to file an appearance on the docket. Defendant Pasage_'s representative, Arslan, is directed to confer with plaintiff's counsel. Although Pasage_ may not be able to represent itself (depending on whether it is an independent legal entity), the court construes Arslan's email and the attachments as an objection to Plaintiff's motion for preliminary injunction #28 and will consider the preliminary injunction opposed as to defendant Pasage_. Plaintiff's counsel is directed to file a report (after consulting with Arslan) on a joint proposed case schedule with respect to this defendant by 12/15/2022. The court is posting the documents on the docket this once; but going forward, Arslan and defendant Pasage_ are advised that emailing filings to the Emergency Judge or directly to chambers staff is not a proper way of filing documents. Rather, going forward, Arslan and defendant Pasage_ must file filings on the docket of the case, either (1) through the temporary "Email Filing Option for Pro Se Parties" on the court's website at https://www.ilnd.uscourts.gov/Pages.aspx?/2+UWDbtVzCDq3Lu8BusuQ==, or (2) electronically through CM/ECF, or (3) by calling the Clerk's Office to obtain instructions for paper or electronic filing. Further emails, letters, or other documents sent directly to a judge or court staff, or that otherwise fail to comply with these instructions, may be disregarded by the court or returned to Arslan or defendant Pasage_. (rao, ) |
| Filing 38 MINUTE entry before the Honorable Martha M. Pacold: Defendant Hot Dealzzz's unopposed motion for an extension of time #37 is granted. Defendant Hot Dealzzz's response to Plaintiff's motion for preliminary injunction #28 is due by 12/7/2022. (rao, ) |
| Filing 37 MOTION by Defendant Hot dealzzz for extension of time to file response/reply as to motion for preliminary injunction #28 (Unopposed) (Berkowitz, Mark) |
| Filing 36 ATTORNEY Appearance for Defendant Hot dealzzz by Mark Berkowitz (Berkowitz, Mark) |
| Filing 35 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to extend the Temporary Restraining Order #32 is granted in part. For the reasons stated in the Court's orders entering and extending the TRO, as well as in Plaintiff's earlier motion #26 to extend the TRO, the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction #28 . See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. (rao, ) |
| Filing 34 AFFIDAVIT of Service filed by Plaintiff The Gillette Company LLC regarding this Court's November 22, 2022 Minute Entry [ECF No. 33] served on All Defendants on November 23, 2022 (Smith, Jocelyn) |
| Filing 33 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction #28 under advisement and will consider the motion unopposed if no defendant appears and objects by 11/30/2022. Plaintiff shall serve all defendants with this notice. (rao, ) |
| Filing 32 MOTION by Plaintiff The Gillette Company LLC for extension of time [Plaintiff seeks a SECOND extension of the Temporary Restraining Order] (Rogers, Scott) |
| Filing 31 AFFIDAVIT of Service filed by Plaintiff The Gillette Company LLC regarding Plaintiff's Motion for Preliminary Injunction and supporting Memorandum and Declarations served on All Defendants on November 21, 2022 (Smith, Jocelyn) |
| Filing 30 DECLARATION of Brett J. Geschke on Defendants' Internet Stores accounts (Geschke, Brett) |
| Filing 29 MEMORANDUM by The Gillette Company LLC in support of motion for preliminary injunction #28 (Attachments: #1 DECLARATION of Scott E. Rogers)(Rogers, Scott) |
| Filing 28 MOTION by Plaintiff The Gillette Company LLC for preliminary injunction (Rogers, Scott) |
| Filing 27 AFFIDAVIT of Service filed by Plaintiff The Gillette Company LLC regarding Summons, Complaint, TRO, et al. served on All Defendants on November 9, 2022 and November 18, 2022 (Smith, Jocelyn) |
| Filing 26 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO #25 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO #23 entered on 10/28/2022 is extended until 11/25/2022. (rao, ) |
| Filing 25 MOTION by Plaintiff The Gillette Company LLC for extension of time PLAINTIFF'S MOTION TO EXTEND THE TEMPORARY RESTRAINING ORDER (Rogers, Scott) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, Unincorporated Associations and Others Identified in Schedule A Hereto (smb, ) |
| Filing 24 BOND for Temporary Restraining Order in the amount of $ 32,000 posted by The Gillette Company LLC. (document not imaged) (daj, ) |
| Filing 23 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 10/28/2022: (rao, ) |
| Filing 22 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for electronic service of process, for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #5 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to 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 revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court thirty-two thousand dollars ($32,000.00), either cash or surety bond, as security. Motion for TRO #5 is granted (rao, ) |
| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff has submitted to the proposed order box a revised proposed TRO. However, the track changes version does not show the changes. Plaintiff should resend the track changes version to the proposed order box. (rao, ) |
| Filing 20 STATEMENT by The Gillette Company LLC in Support of the Updated Proposed Sealed Temporary Restraining Order (Rogers, Scott) |
| Filing 19 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for a temporary restraining order #5 is taken under advisement. The proposed temporary restraining order submitted by plaintiff seeks relief broader than the template order on the court's website, without explanation. By 10/28/2022, plaintiff should either resubmit a proposed order that conforms more closely to the template (as well as a track changes version showing any differences from the template) or file a statement of no more than 10 pages explaining why the current proposed order is warranted, including explaining specifically the aspects in which the current proposed order is broader than the template. Plaintiff's motion for leave to file under seal #11 and motion to exceed page limitation #12 are granted. (rao, ) |
| Filing 18 MINUTE entry before the Honorable Martha M. Pacold: The court has taken Plaintiff's motions under advisement. The court directs Plaintiff to review the court's standing orders for Schedule A cases and follow the instructions there as they apply to these motions and any future motions in this case. (Link: Northern District of Illinois (uscourts.gov)) (rao, ) |
| Filing 17 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| Filing 16 ATTORNEY Appearance for Plaintiff The Gillette Company LLC by Jocelyn C Smith (Smith, Jocelyn) |
| Filing 15 ATTORNEY Appearance for Plaintiff The Gillette Company LLC by Brett James Geschke (Geschke, Brett) |
| Filing 14 NOTICE of Claims Involving Trademarks pursuant to Local Rule 3.4 by The Gillette Company LLC (Rogers, Scott) |
| Filing 13 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Gillette Company LLC (Rogers, Scott) |
| Filing 12 MOTION by Plaintiff The Gillette Company LLC for leave to file excess pages (Rogers, Scott) |
| Filing 11 MOTION by Plaintiff The Gillette Company LLC for leave to file UNDER SEAL (Rogers, Scott) |
| Filing 10 SEALED EXHIBIT by Plaintiff The Gillette Company LLC . Declaration of Ian McDaniel [UNREDACTED] with Exhibit 1 and Exhibit 2 [UNREDACTED] regarding declaration, #8 (Rogers, Scott) |
| Filing 9 SEALED EXHIBIT by Plaintiff The Gillette Company LLC Exhibit 2 to the Declaration of Paul Brandstetter [UNREDACTED] regarding declaration,, #7 (Rogers, Scott) |
| Filing 8 DECLARATION of IAN MCDANIEL regarding memorandum in support of motion #6 [REDACTED] (Attachments: #1 Exhibit 1 - Screenshot Printouts of Internet Stores [REDACTED], #2 Exhibit 2 - Brand Solutions International Investigation Reports [REDACTED])(Rogers, Scott) |
| Filing 7 DECLARATION of PAUL BRANDSTETTER regarding memorandum in support of motion #6 (Attachments: #1 Exhibit 1 - U.S. Trademark Registration Certificates, #2 Exhibit 2 - Screenshot Printouts of Internet Stores [REDACTED], #3 Exhibit 3 - January 2011 Mark Monitor Report, #4 Exhibit 4 - CBP Reports FY 2020 and Media Release, #5 Exhibit 5 - Frontier Economics report, #6 Exhibit 6 - Daniel C.K. Chow article, #7 Exhibit 7 - January 2020 Homeland Security Report, #8 Exhibit 8 - February 2020 USPTO Report, #9 Exhibit 9 - 2021 Review of Notorious Markets)(Rogers, Scott) |
| Filing 6 MEMORANDUM by The Gillette Company LLC in support of motion for temporary restraining order, #5 (Rogers, Scott) |
| Filing 5 MOTION by Plaintiff The Gillette Company LLC for temporary restraining order , including a temporary injunction, a temporary transfer of the Defendants' Domain Names, a temporary asset restraint, expedited discovery, and service of process by email, certified mail, FedEx, and/or electronic publication (Rogers, Scott) |
| Filing 4 SEALED DOCUMENT by Plaintiff The Gillette Company LLC Schedule "A" to Plaintiff's Complaint (Rogers, Scott) |
| Filing 3 ATTORNEY Appearance for Plaintiff The Gillette Company LLC by Scott E. Rogers (Rogers, Scott) |
| Filing 2 CIVIL Cover Sheet (Rogers, Scott) |
| Filing 1 COMPLAINT filed by The Gillette Company LLC; Filing fee $ 402, receipt number AILNDC-19922205. (Attachments: #1 Exhibit 1 - U.S. Trademark Registration Certificates, #2 Exhibit 2 - January 2011 Mark Monitor Report, #3 Exhibit 3 - 2012 Mark Monitor article, #4 Exhibit 4 - 2020 IPR Seizures Statistics Report, #5 Exhibit 5 - 2017 IPR Seizure Statistic Report, #6 Exhibit 6 - Frontier Economics report, #7 Exhibit 7 - Sept. 2020 U.S. Customs_ Protection Release, #8 Exhibit 8 - Daniel C.K. Chow article, #9 Exhibit 9 - January 2020 Homeland Security Report, #10 Exhibit 10 - Federal Research Division of the Library of Congress report, #11 Exhibit 11 - 2021 Review of Notorious Markets)(Rogers, Scott) |
| 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. (smb, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Shelia M. Finnegan. Case assignment: Random assignment. (smb, ) |
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| Search for this case: The Gillette Company LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, Unincorporated Associations and Others Identified in Schedule A Hereto | |
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| Plaintiff: The Gillette Company LLC | |
| Represented By: | Brett James Geschke |
| Represented By: | Scott E. Rogers |
| Represented By: | Jocelyn C Smith |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, Unincorporated Associations and Others Identified in Schedule A Hereto | |
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| Defendant: Hot dealzzz | |
| Represented By: | Mark Berkowitz |
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| Defendant: Nechama Dina Mirzrachi | |
| Represented By: | Mark Berkowitz |
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