McQueen v. The Partnerships and Unincorporated Associations Identified On Schedule A
| John Doe and Chadwick McQueen |
| The Partnerships and Unincorporated Associations Identified On Schedule A |
| 1:2023cv01261 |
| March 1, 2023 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on April 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 35 NOTICE of Voluntary Dismissal by Chadwick McQueen as to a certain Defendant (Trainor, Martin) |
| Filing 34 NOTICE of Voluntary Dismissal by Chadwick McQueen as to certain Defendants (Trainor, Martin) |
| Filing 33 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 3/30/2023. Notices mailed. (psm, ) |
| Filing 32 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. Plaintiff's motion for entry of preliminary injunction #29 is granted. Enter Preliminary Injunction Order. Notices mailed. (psm, ) |
| Filing 31 NOTICE of Motion by Martin Francis Trainor for presentment of motion for preliminary injunction #29 before Honorable Manish S. Shah on 3/30/2023 at 09:45 AM. (Trainor, Martin) |
| Filing 30 MEMORANDUM by Chadwick McQueen in support of motion for preliminary injunction #29 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 29 MOTION by Plaintiff Chadwick McQueen for preliminary injunction (Attachments: #1 Exhibit A)(Trainor, Martin) |
| Filing 28 SUMMONS Returned Executed by Chadwick McQueen as to The Partnerships and Unincorporated Associations Identified On Schedule A on 3/27/2023, answer due 4/17/2023. (Attachments: #1 Declaration of Sydney Fenton, #2 Exhibit A)(Trainor, Martin) |
| Filing 27 NOTICE of Voluntary Dismissal by Chadwick McQueen as to a certain Defendant (Trainor, Martin) |
| Filing 26 NOTICE of Voluntary Dismissal by Chadwick McQueen as to certain Defendants (Trainor, Martin) |
| Filing 25 MINUTE entry before the Honorable Manish S. Shah: The motion to extend the temporary restraining order #22 is granted. The TRO is extended to 3/31/23. No appearance on 3/16/23 is necessary. Notices mailed. notice (psm, ) |
| Filing 24 NOTICE of Motion by Martin Francis Trainor for presentment of motion for miscellaneous relief #22 before Honorable Manish S. Shah on 3/16/2023 at 09:45 AM. (Trainor, Martin) |
| Filing 23 MEMORANDUM by Chadwick McQueen in support of motion for miscellaneous relief #22 (Attachments: #1 Declaration of Martin F. Trainor)(Trainor, Martin) |
| Filing 22 MOTION by Plaintiff Chadwick McQueen to Extend the Temporary Restraining Order (Trainor, Martin) |
| Filing 21 SURETY BOND in the amount of $ 50,000 posted by Chadwick McQueen. (lw, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified On Schedule A (smb, ) |
| Filing 20 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 3/3/2023. Notices mailed. (psm, ) |
| Filing 19 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal #9 is granted in part. The court is not persuaded that the existence of Sellerdefense outweighs the public's right to know who is seeking relief from the courts. It is not a secret that this plaintiff files suit in response to alleged infringement, and sealing the identities of defendants until a TRO can be put in place is adequate to balance the plaintiff's rights to preserve the equitable relief of an accounting. Many plaintiffs file these suits without seeking anonymity. The court reminds plaintiff that asset freezes are not to be used to hold assets simply to collect damages, and it is rare in these cases for plaintiffs to pursue accounting. For that reason, this court concludes that the public right to information about the courts outweighs plaintiff's interest in anonymity. The Clerk shall correct the docket to reflect that plaintiff is Chadwick McQueen. The remainder of the motion to seal is granted. The ex parte motion for a temporary restraining order, asset restraint, and expedited discovery, and motion for electronic service of process #13 #16 are granted. The plaintiff's written submissions establish that if the specific 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 establish a strong likelihood of success on the merits (including evidence of active infringement of plaintiff's intellectual property and sales into Illinois), 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 trademarks. 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. The court has doubts about the propriety of joinder and whether plaintiff genuinely intends to pursue an accounting (justifying an asset freeze), but at this preliminary stage the court is persuaded that plaintiff has sufficient indicia of coordinated activity and prospect of an accounting to justify the requested relief as to all 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 personal jurisdiction, the asset freeze, and joinder. A $50,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices mailed. (psm, ) |
| Filing 18 NOTICE of Motion by Martin Francis Trainor for presentment of motion for miscellaneous relief #9 , motion for miscellaneous relief #16 , Sealed motion #13 before Honorable Manish S. Shah on 3/7/2023 at 09:45 AM. (Trainor, Martin) |
| Filing 17 MEMORANDUM by John Doe in support of motion for miscellaneous relief #16 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Trainor, Martin) |
| Filing 16 MOTION by Plaintiff John Doe for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Trainor, Martin) |
| Filing 15 SEALED DOCUMENT by Plaintiff John Doe Declaration of Paul Varley (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 2-1, #4 Exhibit 2-2, #5 Exhibit 2-3, #6 Exhibit 2-4, #7 Exhibit 2-5)(Trainor, Martin) |
| Filing 14 SEALED DOCUMENT by Plaintiff John Doe Memorandum in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 13 SEALED MOTION by Plaintiff John Doe for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Trainor, Martin) |
| Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (daj, ) |
| Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA. (daj, ) |
| Filing 10 MEMORANDUM by John Doe in support of motion for miscellaneous relief #9 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Declaration of Zheng R.H., #9 Exhibit 1, #10 Exhibit 2, #11 Exhibit 3, #12 Exhibit 4, #13 Exhibit 5, #14 Exhibit 6, #15 Exhibit 7)(Trainor, Martin) |
| Filing 9 MOTION by Plaintiff John Doe for Leave to File Certain Documents Under Seal and Temporarily Proceed Under a Pseudonym (Trainor, Martin) |
| Filing 8 ATTORNEY Appearance for Plaintiff John Doe by Sydney Paige Fenton (Fenton, Sydney) |
| Filing 7 ATTORNEY Appearance for Plaintiff John Doe by Martin Francis Trainor (Trainor, Martin) |
| Filing 6 SEALED DOCUMENT by Plaintiff John Doe Notice of Trademark Claims (Trainor, Martin) |
| Filing 5 CIVIL Cover Sheet (Trainor, Martin) |
| Filing 4 SEALED DOCUMENT by Plaintiff John Doe Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Schedule A)(Trainor, Martin) |
| Filing 3 SEALED EXHIBIT by Plaintiff John Doe Schedule A regarding complaint #1 (Trainor, Martin) |
| Filing 2 SEALED EXHIBIT by Plaintiff John Doe Exhibit 1 regarding complaint #1 (Trainor, Martin) |
| Filing 1 COMPLAINT Redacted filed by John Doe ; Filing fee $ 402, receipt number AILNDC-20394104. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4)(Trainor, Martin) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Susan E. Cox. 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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