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, Ella Case, baskuwish and Wei Zai Gang |
| 1:2022cv05665 |
| October 17, 2022 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 59 MINUTE entry before the Honorable John J. Tharp, Jr:Defendant baskuwish's motion to withdraw its motion to dismiss Plaintiff's complaint and vacate preliminary injunction #58 is granted. The motion to dismiss and vacate #48 is denied as moot. Mailed notice (air, ) |
| Filing 58 MOTION by Defendant Wei Zai Gang to withdraw its motion to dismiss Plaintiff's complaint and vacate preliminary injunction. (cxr, ) |
| Filing 57 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiffs' motion for a first extension of time to file a response to defendant's motion to dismiss and vacate preliminary injunction #56 is granted. Plaintiffs' response is due by 12/16/2022; Defendant baskuwish's reply is due by 12/30/2022. No further extension will be granted absent a showing of good cause or agreement between the parties. Mailed notice (air, ) |
| Filing 56 MOTION by Plaintiff Ubisoft Entertainment, S.A. for extension of time Plaintiffs' Opposed Motion for a First Extension of Time to File a Response to Defendant's Motion to Dismiss and Vacate Preliminary Injunction [DKT. NO. 48] (Hierl, Michael) |
| Filing 55 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) #53 , defendants Nos. 187, 196, and 243 are dismissed from this case. Mailed notice (air, ) |
| Filing 54 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiffs' notices of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) #51 #52 , defendants Nos. 80, 186, and 248 are dismissed from this case. Mailed notice (air, ) |
| Filing 53 NOTICE of Voluntary Dismissal by Ubisoft Entertainment, S.A. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 187,196, 243 (Hierl, Michael) |
| Filing 52 NOTICE of Voluntary Dismissal by Ubisoft Entertainment, S.A. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 186, 248 (Hierl, Michael) |
| Filing 51 NOTICE of Voluntary Dismissal by Ubisoft Entertainment, S.A. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 80 (Hierl, Michael) |
| Filing 50 MINUTE entry before the Honorable John J. Tharp, Jr:Defendant baskuwish's motion to dismiss and to vacate preliminary injunction order #48 is taken under advisement. The plaintiffs' response is due by 12/09/2022; the defendant's reply is due by 12/19/2022. Mailed notice (air, ) |
| Filing 49 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) #45 , defendant BUUG is dismissed from this case. Mailed notice (air, ) |
| Filing 48 MOTION to Dismiss Plaintiff's Complaint and vacate Preliminary Injunction Order filed by Defendant Wei Zai Gang. (Exhibits) (jh, ) |
| Filing 47 PRO SE Appearance by Defendant Wei Zai Gang. (jh, ) |
| Filing 46 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) #44 , defendants Nos. 185 and 197 are dismissed from this case. Mailed notice (air, ) |
| Filing 45 NOTICE of Voluntary Dismissal by Ubisoft Entertainment, S.A. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 180 (Hierl, Michael) |
| Filing 44 NOTICE of Voluntary Dismissal by Ubisoft Entertainment, S.A. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 185, 197 (Hierl, Michael) |
| Filing 43 PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 11/17/2022. Mailed notice(air, ) |
| Filing 42 MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiffs' renewed motion for entry of a preliminary injunction #38 is granted. Enter preliminary injunction order. Mailed notice (air, ) |
| Filing 41 DECLARATION of William B. Kalbac Declaration of Service (Hierl, Michael) |
| Filing 40 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #38 (Hierl, Michael) |
| Filing 39 MEMORANDUM by Ubisoft Entertainment, S.A., Ubisoft, Inc. in support of motion for preliminary injunction #38 (Hierl, Michael) |
| Filing 38 MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. for preliminary injunction Plaintiffs' Renewed Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-41 and 46-197 (Hierl, Michael) |
| Filing 37 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiffs' motion for entry of a preliminary injunction against defendants Nos. 1-41 and 46-197 #31 is denied without prejudice. Neither an executed summons nor the plaintiffs' motion and its supporting documents expressly indicate that the relevant defendants have received notice in accordance with Fed. R. Civ. P. 65(a)(1). At most, the plaintiffs assert that "dozens of... accounts owned by the [defendants] have been frozen," but this statement does not specify which defendants' accounts have been frozen, nor does this constitute adequate service in any event. Per the plaintiffs' memorandum of law #32 , the plaintiffs also appear to be under the mistaken impression that electronic service by publication "or" e-mail has been authorized; yet the TRO only authorizes electronic service by publication "and" e-mail. Accordingly, the plaintiffs are afforded leave to file a declaration of service--expressly indicating proper service of all relevant defendants--along with a renewed motion for preliminary injunction. Mailed notice (air, ) |
| Filing 36 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiffs' motion to extend the temporary restraining order as to defendants Nos. 42-45 and 198-250 #30 is denied. The original 14-day TRO has previously been extended by 14-days #29 , and in accordance with Fed. R. Civ. P. 65(b)(2), "28 days is the outer limit for a TRO without the consent of the enjoined part[ies]...." H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012). Any further extension of a TRO without consent of the enjoined parties is technically a preliminary injunction, id. at 845; and the plaintiffs' motion to extend indicates the notice requirement for entry of a preliminary injunction has not been met, see Fed. R. Civ. P. 65(a)(1).Mailed notice (air, ) |
| Filing 35 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 11/11/2022, answer due 12/2/2022. (Hierl, Michael) |
| Filing 34 RESPONSE by Defendant baskuwish to Plaintiff's motion for preliminary injunction. (Attachment) (kl, ) |
| Filing 33 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #31 (Hierl, Michael) |
| Filing 32 MEMORANDUM by Ubisoft Entertainment, S.A., Ubisoft, Inc. in support of motion for preliminary injunction #31 (Hierl, Michael) |
| Filing 31 MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-41 and 46-197 (Hierl, Michael) |
| Filing 30 MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order as to Defendant Nos. 42-45 and 198-250 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hierl, Michael) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (smb, ) |
| Filing 29 EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 11/1/2022. Mailed notice(air, ) |
| Filing 28 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiffs' motion to extend the temporary restraining order #27 is granted. Enter order. Mailed notice (air, ) |
| Filing 27 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 26 CIVIL BOND in the amount of $ 250,000 posted by Ubisoft Entertainment, S.A., Ubisoft, Inc. (gcy, ) |
| Filing 25 ATTORNEY Appearance for Defendant Ella Case by Jiyuan Zhang (Zhang, Jiyuan) |
| Filing 24 SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 10/19/2022. Mailed notice(air, ) |
| Filing 23 MINUTE entry before the Honorable John J. Tharp, Jr: On the grounds set forth in the motion, plaintiff's ex parte motion for TRO #10 is granted. Plaintiff's motions for leave to file under seal #6 and for leave to exceed page limitation #9 are granted. Enter temporary restraining order. Mailed notice (air, ) |
| Filing 22 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jg, ) |
| Filing 21 MAILED trademark report to Patent Trademark Office, Alexandria VA (jg, ) |
| Filing 20 Notice of Claims Involving Trademarks by Ubisoft Entertainment, S.A. and Ubisoft, Inc. (Hierl, Michael) |
| Filing 19 SEALED DOCUMENT by Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. Exhibit 2 Part 8 of Muraccini Declaration (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. Exhibit 2 Part 7 of Muraccini Declaration (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. Exhibit 2 Part 6 of Muraccini Declaration (Hierl, Michael) |
| Filing 16 SEALED DOCUMENT by Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. Exhibit 2 Part 5 of Muraccini Declaration (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. Exhibit 2 Part 4 of Muraccini Declaration (Hierl, Michael) |
| Filing 14 SEALED DOCUMENT by Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. Exhibit 2 Part 3 of Muraccini Declaration (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. Exhibit 2 Part 2 of Muraccini Declaration (Hierl, Michael) |
| Filing 12 SEALED DOCUMENT by Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. Exhibit 2 Part 1 of Muraccini Declaration (Hierl, Michael) |
| Filing 11 MEMORANDUM by Ubisoft Entertainment, S.A. and Ubisoft, Inc. in support of motion for temporary restraining order, #10 (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 10 MOTION by Plaintiff Ubisoft Entertainment, S.A. and 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 9 MOTION by Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. 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 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-19949273. (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| 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. (jk2, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (jk2, ) |
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