Emoji Company GmbH v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Emoji Company GmbH |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 1:2022cv06862 |
| December 7, 2022 |
| US District Court for the Northern District of Illinois |
| Robert W Gettleman |
| Steven C Seeger |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for reduction of bond amount (Dckt. No. #25 ) is hereby denied. Plaintiff sued 247 Defendants, and seeks the imposition of a temporary restraining order. Plaintiff asks for a bond amount of only $10,000, not $1,000 per defendant. Plaintiff explains that the average sale price of the goods in question is less than $20. Plaintiff suspects that the "profit realized by certain Defendants may be minimal," and that the "sales volume by certain Defendants may be relatively low." If that's the case, one wonder how important it is to seek emergency injunctive relief at all. It sure doesn't seem like an emergency. But if Plaintiff does seek emergency injunctive relief, then the Federal Rules require Plaintiff to bear the cost, including security for the "costs and damages sustained by any party found to have been wrongfully enjoined or restrained." See Fed. R. Civ. P. 65(c). A bond of $10,000 is not sufficient to provide security for a TRO against 247 defendants. If Plaintiff does not want to pay the costs of the bond, then Plaintiff can drop its request for a temporary restraining order. Plaintiff must bear the costs of its own motion, and those costs include the price of a bond. Mailed notice (jjr, ) |
| Filing 25 MOTION by Plaintiff Emoji Company GmbH Plaintiff's Motion for Reduction of Bond Amount (Hierl, Michael) |
| Filing 24 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 23 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by March 6, 2023. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) |
| Filing 22 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion to seal (Dckt. No. #6 ) is hereby granted. Plaintiff's motion for extra pages (Dckt. No. #9 ) is hereby granted. Mailed notice (jjr, ) |
| Filing 21 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Steven C. Seeger for all further proceedings pursuant to the provisions of 28 USC 294(b). Honorable Robert W. Gettleman no longer assigned to the case. Signed by the Executive Committee on 12/8/2022. (exr, ) |
| Filing 20 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (exr, ) |
| Filing 19 MAILED trademark report to Patent Trademark Office, Alexandria VA (exr, ) |
| Filing 18 Notice of Claims Involving Trademarks by Emoji Company GmbH (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 6 of Reiter Declaration (Hierl, Michael) |
| Filing 16 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 5 of Reiter Declaration (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 4 of Reiter Declaration (Hierl, Michael) |
| Filing 14 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 3 of Reiter Declaration (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 2 of Reiter Declaration (Hierl, Michael) |
| Filing 12 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 1 of Reiter Declaration (Hierl, Michael) |
| Filing 11 MEMORANDUM by Emoji Company GmbH in support of motion for temporary restraining order, #10 (Attachments: #1 Declaration Santiago Declaration, #2 Exhibit 1, #3 Declaration Reiter Declaration, #4 Declaration Hierl Declaration, #5 Exhibit Hierl Exhibit 1, #6 Exhibit Hierl Exhibit 2, #7 Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Filing 10 MOTION by Plaintiff Emoji Company GmbH 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 Emoji Company GmbH 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 Emoji Company GmbH (Hierl, Michael) |
| Filing 7 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Sealed Schedule A (Hierl, Michael) |
| Filing 6 MOTION by Plaintiff Emoji Company GmbH to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 5 ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Emoji Company GmbH by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 402, receipt number AILNDC-20114133. (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. (khg, ) |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (khg, ) |
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| Plaintiff: Emoji Company GmbH | |
| Represented By: | Robert Payton Mcmurray |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Michael A. Hierl |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
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