Dyson Technology Limited v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Dyson Technology Limited |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2022cv06971 |
| December 12, 2022 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Document Text |
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| Filing 28 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the motion to extend the TRO #26 is granted. The TRO is extended through 02/20/23. The tracking status hearing of 02/03/2023 is reset to 02/17/2023 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 02/10/2023, or the Plaintiff shall file a motion for preliminary injunction if appropriate. Emailed notice (mw, ) |
| BOND in the amount of $ 1,000.00 company check, Receipt No. 4624282008, posted by Dyson Technology Limited (kra, ) |
| Filing 27 MEMORANDUM by Dyson Technology Limited in support of extension of time #26 (Attachments: #1 Declaration of Jake M. Christensen)(Christensen, Jake) |
| Filing 26 MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order (Christensen, Jake) |
| Filing 25 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham (Burnham, Andrew) |
| Filing 24 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 01/23/2023. Emailed notice (mw, ) |
| Filing 23 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #14 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 Defendant 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 Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion #3 for leave to file under seal is granted in light of the asset-restraint goal. By 01/25/2023, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendant and omitting Amended Schedule A). The Plaintiff's motion #19 for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 02/03/2023 at 8:30 a.m.. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 01/30/2023. Emailed notice (mw, ) |
| Filing 22 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 21 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #20 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 20 MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief #19 (Gaudio, Justin) |
| Filing 19 MOTION by Plaintiff Dyson Technology Limitedfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 18 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 4 regarding declaration #17 (Attachments: #1 Exhibit 4-1)(Gaudio, Justin) |
| Filing 17 DECLARATION of Giles Samuel Lane regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 16 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 15 MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order #14 (Gaudio, Justin) |
| Filing 14 MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 13 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding amended complaint #12 (Gaudio, Justin) |
| Filing 12 AMENDED complaint by Dyson Technology Limited against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 11 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (daj, ) |
| Filing 10 MAILED trademark report to Patent Trademark Office, Alexandria VA. (daj, ) |
| Filing 9 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Jake Michael Christensen (Christensen, Jake) |
| Filing 8 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain (Crain, Lawrence) |
| Filing 7 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Dyson Technology Limited (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Dyson Technology Limited for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Dyson Technology Limited; Filing fee $ 402, receipt number AILNDC-20132198. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (smb, ) |
| 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, ) |
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| Plaintiff: Dyson Technology Limited | |
| Represented By: | Justin R. Gaudio |
| Represented By: | Lawrence J. Crain |
| Represented By: | Jake Michael Christensen |
| Represented By: | Andrew Daniel Burnham |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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