Lululemon Athletica Canada Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Lululemon Athletica Canada Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2022cv07004 |
| December 13, 2022 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Document Text |
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| Filing 36 SUMMONS Returned Executed by Lululemon Athletica Canada Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/10/2023, answer due 3/3/2023. (Attachments: #1 Declaration of Thomas J. Juettner, #2 Exhibit A)(Juettner, Thomas) |
| Filing 35 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #32 is granted. The TRO is extended to 2/24/23. Any objections to the motion for a preliminary injunction must be properly filed by 2/16/23. No appearance on 2/9/23 or 2/14/23 is necessary. If no objections are filed by 2/16/23, the motion for a preliminary injunction will be considered unopposed. Notices mailed. (psm, ) |
| Filing 34 NOTICE of Motion by Kahlia Roe Halpern for presentment of extension of time #32 before Honorable Manish S. Shah on 2/9/2023 at 09:45 AM. (Halpern, Kahlia) |
| Filing 33 MEMORANDUM by Lululemon Athletica Canada Inc. in support of extension of time #32 (Attachments: #1 Declaration of Kahlia R. Halpern)(Halpern, Kahlia) |
| Filing 32 MOTION by Plaintiff Lululemon Athletica Canada Inc. for extension of time of Temporary Restraining Order (Halpern, Kahlia) |
| Filing 31 SUMMONS Returned Executed by Lululemon Athletica Canada Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/7/2023, answer due 2/28/2023. (Attachments: #1 Declaration of Thomas J. Juettner, #2 Exhibit A)(Juettner, Thomas) |
| Filing 30 NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for preliminary injunction #28 before Honorable Manish S. Shah on 2/14/2023 at 09:45 AM. (Halpern, Kahlia) |
| Filing 29 MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for preliminary injunction #28 (Attachments: #1 Declaration of Kahlia R. Halpern, #2 Exhibit 1)(Halpern, Kahlia) |
| Filing 28 MOTION by Plaintiff Lululemon Athletica Canada Inc. for preliminary injunction as to Certain Defendants (Attachments: #1 Exhibit A)(Halpern, Kahlia) |
| Filing 27 SURETY BOND in the amount of $ 50,000 posted by Lululemon Athletica Canada Inc. (lw, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (emc, ) |
| Filing 26 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 1/27/2023. Notices mailed. (psm, ) |
| Filing 25 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal, motion for a temporary restraining order, domain name transfer, asset restraint, and expedited discovery, and motion for electronic service of process #3 #13 #18 are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. A $50,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices mailed. (psm, ) |
| Filing 24 ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Kahlia Roe Halpern (Halpern, Kahlia) |
| Filing 23 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 22 MINUTE entry before the Honorable Manish S. Shah: No appearance on the ex parte, under seal motions on 12/21/22 is necessary. The court takes the motions under advisement and counsel should email a proposed order to proposed_order_shah@ilnd.uscourts.gov. (mss) |
| Filing 21 NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file #3 , motion for miscellaneous relief #18 , motion for temporary restraining order #13 before Honorable Manish S. Shah on 12/21/2022 at 09:45 AM. (Gaudio, Justin) |
| Filing 20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #19 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 19 MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Lululemon Athletica Canada Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 SEALED EXHIBIT by Plaintiff Lululemon Athletica Canada Inc. Exhibit 4 - Parts 1 - 11 regarding declaration #16 (Attachments: #1 Exhibit 4-1, #2 Exhibit 4-2, #3 Exhibit 4-3, #4 Exhibit 4-4, #5 Exhibit 4-5, #6 Exhibit 4-6, #7 Exhibit 4-7, #8 Exhibit 4-8, #9 Exhibit 4-9, #10 Exhibit 4-10, #11 Exhibit 4-11)(Gaudio, Justin) |
| Filing 16 DECLARATION of Jenny Vo regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 15 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 14 MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Lululemon Athletica Canada Inc. for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jh, ) |
| Filing 11 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Thomas Joseph Juettner (Juettner, Thomas) |
| Filing 9 ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Allyson M. Martin (Martin, Allyson) |
| Filing 8 ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Lululemon Athletica Canada Inc. (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Lululemon Athletica Canada Inc. (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Lululemon Athletica Canada Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Lululemon Athletica Canada Inc. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Lululemon Athletica Canada Inc.; Filing fee $ 402, receipt number AILNDC-20136650. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Heather K. McShain. 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: Lululemon Athletica Canada Inc. | |
| Represented By: | Justin R. Gaudio |
| Represented By: | Amy Crout Ziegler |
| Represented By: | Allyson M. Martin |
| Represented By: | Thomas Joseph Juettner |
| Represented By: | Kahlia Roe Halpern |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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