Bestway Inflatables & Material Corp. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A Hereto
Plaintiff: Bestway Inflatables & Material Corp.
Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A Hereto and The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
Case Number: 1:2023cv01609
Filed: March 15, 2023
Court: US District Court for the Northern District of Illinois
Presiding Judge: Manish S Shah
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 44 Trademark Infringement
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on May 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 2, 2023 Filing 32 PRELIMIMARY Injunction Order signed by the Honorable Manish S. Shah on 5/2/2023. Mailed notice(lk, )
May 2, 2023 Filing 31 MINUTE entry before the Honorable Manish S. Shah. Motion hearing held on 5/2/2023. Plaintiffs' Motion for Preliminary Injunction #27 is granted. No defendants appeared at the hearing to object. Enter Preliminary Injunction. Mailed notice (lk, )
April 27, 2023 Filing 30 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction #27 before Honorable Manish S. Shah on 5/2/2023 at 09:45 AM. (Hierl, Michael)
April 27, 2023 Filing 29 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #27 (Hierl, Michael)
April 27, 2023 Filing 28 MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for preliminary injunction #27 (Hierl, Michael)
April 27, 2023 Filing 27 MOTION by Plaintiff Bestway Inflatables & Material Corp. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael)
April 27, 2023 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (jk2, )
April 17, 2023 Filing 26 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #24 is granted. The TRO is extended to 5/2/23. No appearance on 4/18/23 is necessary. Notices mailed. (psm, )
April 13, 2023 Filing 25 NOTICE of Motion by Michael A. Hierl for presentment of extension of time #24 before Honorable Manish S. Shah on 4/18/2023 at 09:45 AM. (Hierl, Michael)
April 13, 2023 Filing 24 MOTION by Plaintiff Bestway Inflatables & Material Corp. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order (Hierl, Michael)
April 10, 2023 Filing 23 SURETY BOND in the amount of $ 10,000 posted by Bestway Inflatables & Material Corp. (Document not scanned.) (lw, )
April 4, 2023 Filing 22 TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 4/4/2023. Notices mailed. (psm, ) Modified on 5/4/2023 (jn, ).
April 4, 2023 Filing 21 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal, motion for excess pages, and motion for a temporary restraining order, asset restraint, expedited discovery, and electronic service of process #6 #14 #15 #16 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, and personal jurisdiction. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices mailed. (psm, )
March 31, 2023 Filing 20 MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for temporary restraining order, #16 Revised Memorandum (Hierl, Michael)
March 30, 2023 Filing 19 NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, #16 before Honorable Manish S. Shah on 4/6/2023 at 09:45 AM. (Hierl, Michael)
March 30, 2023 Filing 18 EXHIBIT 2 of Li Declaration by Plaintiff Bestway Inflatables & Material Corp. (Hierl, Michael) Modified on 5/4/2023 (jn, ).
March 30, 2023 Filing 17 MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for temporary restraining order, #16 (Attachments: #1 Declaration Li 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)
March 30, 2023 Filing 16 MOTION by Plaintiff Bestway Inflatables & Material Corp. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael)
March 30, 2023 Filing 15 MOTION by Plaintiff Bestway Inflatables & Material Corp. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael)
March 30, 2023 Filing 14 MOTION by Plaintiff Bestway Inflatables & Material Corp. to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael)
March 27, 2023 Filing 13 AMENDED Schedule A by Plaintiff Bestway Inflatables & Material Corp. Amended Schedule A (Hierl, Michael) Modified on 5/4/2023 (jn, ).
March 27, 2023 Filing 12 AMENDED complaint by Bestway Inflatables & Material Corp. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1)(Hierl, Michael)
March 27, 2023 Filing 11 MINUTE entry before the Honorable Manish S. Shah: Plaintiff filed a motion to seal and represented that it was seeking temporary ex parte relief. But no ex parte motion for a TRO was filed. Plaintiff did not comply with this court's procedures for noticing motions for presentment. If plaintiff does not file and notice for presentment a motion for a TRO with supporting materials by 3/31/23, this case will be closed for want of prosecution. Notices mailed. (psm, )
March 16, 2023 Filing 10 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (rc, )
March 16, 2023 Filing 9 MAILED trademark report to Patent Trademark Office, Alexandria VA. (rc, )
March 15, 2023 Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bestway Inflatables & Material Corp. (Hierl, Michael)
March 15, 2023 Filing 7 SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Sealed Schedule A (Hierl, Michael)
March 15, 2023 Filing 6 MOTION by Plaintiff Bestway Inflatables & Material Corp. to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael)
March 15, 2023 Filing 5 ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Robert Payton Mcmurray (Mcmurray, Robert)
March 15, 2023 Filing 4 ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by William Benjamin Kalbac (Kalbac, William)
March 15, 2023 Filing 3 ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Michael A. Hierl (Hierl, Michael)
March 15, 2023 Filing 2 CIVIL Cover Sheet (Hierl, Michael)
March 15, 2023 Filing 1 COMPLAINT filed by Bestway Inflatables & Material Corp.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20440297. (Attachments: #1 Exhibit 1)(Hierl, Michael)
March 15, 2023 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. (jb, )
March 15, 2023 CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Sunil R Harjani. Case assignment: Random assignment. (jb, )

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Plaintiff: Bestway Inflatables & Material Corp.
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 Associates Identified on Schedule A Hereto
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Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
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