Nike, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Nike, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule A and teytheamvor |
| 1:2023cv01900 |
| March 27, 2023 |
| 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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This docket was last retrieved on May 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 ENTERED JUDGMENT Signed by the courtroom deputy on 05/18/2023. Emailed notice (mw, ) |
| Filing 32 FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 05/18/2023. Emailed notice (mw, ) |
| Filing 31 MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the motion for default judgment #28 is granted. The statutory damages award is $50,000, as explained in the order. Given the finding of willfulness, a permanent injunction is entered. A separate AO-450 judgment shall be entered. The tracking status hearing of 05/19/2023 is vacated. All filings shall be unsealed. Civil case terminated. Emailed notice (mw, ) |
| Filing 30 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #29 (Attachments: #1 Exhibit 1)(Christensen, Jake) |
| Filing 29 MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment #28 (Attachments: #1 Exhibit 1)(Christensen, Jake) |
| Filing 28 MOTION by Plaintiff Nike, Inc. for entry of default as to all Defendants , MOTION by Plaintiff Nike, Inc. for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Christensen, Jake) |
| NEW PARTIES: teytheamvor added to case caption. (Christensen, Jake) |
| Filing 27 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 04/19/2023. Emailed notice (mw, ) |
| Filing 26 MINUTE entry before the Honorable Edmond E. Chang: Given that the circumstances supporting entry of the TRO also still satisfy the preliminary-injunction factors, the motion for preliminary injunction #23 is granted. In light of the answer deadline of 05/05/2023, the tracking status hearing of 04/21/2023 is reset to 05/19/2023 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 05/10/2023. If the Defendant does not timely answer, then the Defendant shall be deemed to be in default. If the Defendant is in default, then the Plaintiff shall file a motion for default judgment by 05/10/2023. Emailed notice (mw, ) |
| Filing 25 SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/14/2023, answer due 5/5/2023. (Attachments: #1 Declaration of Marcella D. Slay, #2 Exhibit A)(Slay, Marcella) |
| Filing 24 MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction #23 (Attachments: #1 Civil Cover Sheet of Jake M. Christensen, #2 Exhibit 1)(Christensen, Jake) |
| Filing 23 MOTION by Plaintiff Nike, Inc. for preliminary injunction (Attachments: #1 Exhibit A)(Christensen, Jake) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (jcc, ) |
| Filing 22 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/05/2023. Emailed notice (mw, ) |
| Filing 21 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #13 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 04/12/2023, 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 #18 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 04/21/2023 at 8:30 a.m.. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 04/14/2023. Emailed notice (mw, ) |
| 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 Nike, Inc. in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Nike, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 regarding declaration #16 (Gaudio, Justin) |
| Filing 16 DECLARATION of Joe Pallett regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(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 Nike, Inc. in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Nike, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 12 SEALED EXHIBIT by Plaintiff Nike, Inc. Amended Schedule A regarding amended complaint #11 (Gaudio, Justin) |
| Filing 11 AMENDED complaint by Nike, Inc. 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 10 ATTORNEY Appearance for Plaintiff Nike, Inc. by Marcella Deshonda Slay (Slay, Marcella) |
| Filing 9 ATTORNEY Appearance for Plaintiff Nike, Inc. by Jake Michael Christensen (Christensen, Jake) |
| Filing 8 ATTORNEY Appearance for Plaintiff Nike, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff Nike, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Nike, Inc. (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nike, Inc. (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Nike, Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Nike, Inc. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Nike, Inc.; Filing fee $ 402, receipt number AILNDC-20480329. (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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