Those Characters from Cleveland, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
Those Characters from Cleveland, LLC |
The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, bmoweart, BrendaGoodnight, didikempotpodcast, GregoryGrimsley, JennaDavidson, jensfiner, JoshuaKatherman89, Marco_Mattioli, naturraloidt, OPEN SHOP, RandallRay, RolandoElizondo, TabiusTate, AimBiz, BAOBAOO, CeQingCHEN, DiverseStickers, EAADFADSFASCVD, fanghanbing, manruizhucede, Nfashion Store, Quang Manh Shop, qujinghongpaidianzishangwuyouxiangongsi, Rronvoo US, Tran phan thanh long 1, Trien Quang, TuongOt, xianjiaqiwanglaokejiyouxiangongsi, zhuguoqingde, Loudi Wangtong Trading Co., Ltd., BAOYE.Co,Ltd, BIG.Co,Ltd, Cloud View DS, DEITY, FBSHAGYTGSHN, HUIAO STORE, Lanfy Department store, LeeXiao store, linxiantailidianzishangwu, linyimeilihengjiajuyongpin, MOILY Department store, Ourong.Co.Ltd, P.F. Store, QCQ.Co,Ltd, qhgaoshen.co.ltd, SHISHANGXUAN, Tensin Co. Ltd, WC.Co,Ltd, wuhanweidingmindianzi, XY, Yiwu Huaijun Co., Ltd., AFA DESIGNS, BariteauHannah, CarmenOropesa, DARLACATHCART, DIEU97, eegarzz, lizacorreiay, Lucky Strike, MiriamSalazar, Pudge, shupotttr, Tanhaiub, Truong, 7-15 Day Delivery, ADORABLEFASHION, Ave Ansell, Barnrae, BeyondNice Charms, biayipinguo, bingtongshangmao, Biotanki Store, Brook Alice, Cai-H-J, Darwin Reyes, Dataman Store, DENWENZHAI, DGHNMIG, dongdongus, GKALE, HA TUUOSB, Hoziwangi, HQUANSHOP, Infantion, JianSenRuiChangZhuTongBo US, KERRY STOOTS, Khiemtore, King Kong Somersault, lingluodianzi, LisSanDra, LY THI NGUYEN SHOP, Mao Lan Shang Mao, MingYongDianZi, NanChangGuPenDaiShangWuKeJiYouXianGongSi, Nanci Kiwi, Nesters Market, niehaide, Nvt593, PickDepartmentStores, Quynhnhu1123, Schonkleid, Shop Phat, THUPHUONGGY, TingYinBanWenJuDian US, WangYaSenShanXiDaJiAi, Ya Sia Family, RAnATEX InC, Hefei Cuone Trading Co., Ltd., Jianzhong Trading, ae058 Store, ae174 Store, ae408 Store, ae567 Store, ae609 Store, ae854 Store, ae957 Store, ai808 Store, ai809 Store, ai810 Store, ai826 Store, bellarseller Store, chhsunny Store, crocdhshoe Store, cyardbag Store, doer69 Store, DW Best Store, erfd852 Store, fgjr309 Store, governor011 Store, hongkongmydjewelry, imogeny Store, lulu682021 Store, mkij851 Store, sixeighttoys Store, surprise wholesale Store, vseason Store, wedsw96 Store, wedsw99 Store, AnQingZhouXinShangMao, BeiJiLa Co.Ltd, Chrysanthemum, Daiyi, DeepSea, DGXB, Electrician Guy, Esst shop, fajkfh, Fangqinghaofa, Golden flying swan, guang zhou jiao jiao mao yi, hefeimantiefanshanwangluokejiyouxiangongs, Hgmbmjx Co.Ltd, High quality mall, Juash, KKO Gift Store, KUANBIAO, LAIQIANKUA, Legendary KINGSKANG, Leslie Trading Co., Ltd, Lianhe, Li-Flames, Linkes, mengchengxianhehuashangmaoyouxiangongsi, MianYangYaXinLiKeJiYouXianGongSi, Muba shop, NZBZ, Octavianus, Purple Sky, Qionghai Niwanle Trading Co., Ltd., SEVCHE LLC, SunflowerShop, Taiyuanshierdunyindianzishangwuyouxiangongsi, tangshanyinuozhuangshisheji, Wcmengli.co.ltd, YANSHOP, YOONA STORE, yuanquxianyoumanshangmaoyouxiangongsi, yunlimiwangluokeji, ZEMAY.CO,Ltd, ZHENFENG Co., Ltd, ZIXIN Co.Itd and ZXC.Co-Ltd |
1:2023cv01923 |
March 28, 2023 |
US District Court for the Northern District of Illinois |
Lindsay C Jenkins |
Trademark |
15 U.S.C. § 44 Trademark Infringement |
Plaintiff |
Docket Report
This docket was last retrieved on May 25, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 41 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 70 (Hierl, Michael) |
Filing 40 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 171 (Hierl, Michael) |
Filing 39 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
Filing 38 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 68 (Hierl, Michael) |
Filing 37 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 5/4/2023. Mailed notice. (jlj, ) |
Filing 36 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction #29 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established #33 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. The Hughes Socol PIers Resnick & Dym Ltd., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. (jlj, ) |
NEW PARTIES: bmoweart, BrendaGoodnight, didikempotpodcast, GregoryGrimsley, JennaDavidson, jensfiner, JoshuaKatherman89, Marco_Mattioli, naturraloidt, OPEN SHOP, RandallRay, RolandoElizondo, TabiusTate, AimBiz, BAOBAOO, CeQingCHEN, DiverseStickers, EAADFADSFASCVD, fanghanbing, manruizhucede, Nfashion Store, Quang Manh Shop, qujinghongpaidianzishangwuyouxiangongsi, Rronvoo US, Tran phan thanh long 1, Trien Quang, TuongOt, xianjiaqiwanglaokejiyouxiangongsi, zhuguoqingde, Loudi Wangtong Trading Co., Ltd., BAOYE.Co,Ltd, BIG.Co,Ltd, Cloud View DS, DEITY, FBSHAGYTGSHN, HUIAO STORE, Lanfy Department store, LeeXiao store, linxiantailidianzishangwu, linyimeilihengjiajuyongpin, MOILY Department store, Ourong.Co.Ltd, P.F. Store and QCQ.Co,Ltd added to case caption. (Kalbac, William) |
NEW PARTIES: LY THI NGUYEN SHOP, Mao Lan Shang Mao, MingYongDianZi, NanChangGuPenDaiShangWuKeJiYouXianGongSi, Nanci Kiwi, Nesters Market, niehaide, Nvt593, PickDepartmentStores, Quynhnhu1123, Schonkleid, Shop Phat, THUPHUONGGY, TingYinBanWenJuDian US, WangYaSenShanXiDaJiAi, Ya Sia Family, RAnATEX InC, Hefei Cuone Trading Co., Ltd., Jianzhong Trading, ae058 Store, ae174 Store, ae408 Store, ae567 Store, ae609 Store, ae854 Store, ae957 Store, ai808 Store, ai809 Store, ai810 Store, ai826 Store, bellarseller Store, chhsunny Store, crocdhshoe Store, cyardbag Store, doer69 Store, DW Best Store, erfd852 Store, fgjr309 Store, governor011 Store, hongkongmydjewelry, imogeny Store, lulu682021 Store, mkij851 Store, sixeighttoys Store, surprise wholesale Store, vseason Store, wedsw96 Store, wedsw99 Store, AnQingZhouXinShangMao, BeiJiLa Co.Ltd, Chrysanthemum, Daiyi, DeepSea, DGXB, Electrician Guy, Esst shop, fajkfh, Fangqinghaofa, Golden flying swan, guang zhou jiao jiao mao yi and hefeimantiefanshanwangluokejiyouxiangongs added to case caption. (Kalbac, William) |
NEW PARTIES: Hgmbmjx Co.Ltd, High quality mall, Juash, KKO Gift Store, KUANBIAO, LAIQIANKUA, Legendary KINGSKANG, Leslie Trading Co., Ltd, Lianhe, Li-Flames, Linkes, mengchengxianhehuashangmaoyouxiangongsi, MianYangYaXinLiKeJiYouXianGongSi, Muba shop, NZBZ, Octavianus, Purple Sky, Qionghai Niwanle Trading Co., Ltd., SEVCHE LLC, SunflowerShop, Taiyuanshierdunyindianzishangwuyouxiangongsi, tangshanyinuozhuangshisheji, Wcmengli.co.ltd, YANSHOP, YOONA STORE, yuanquxianyoumanshangmaoyouxiangongsi, yunlimiwangluokeji, ZEMAY.CO,Ltd, ZHENFENG Co., Ltd, ZIXIN Co.Itd and ZXC.Co-Ltd added to case caption. (Kalbac, William) |
NEW PARTIES: qhgaoshen.co.ltd, SHISHANGXUAN, Tensin Co. Ltd, WC.Co,Ltd, wuhanweidingmindianzi, XY, Yiwu Huaijun Co., Ltd., AFA DESIGNS, BariteauHannah, CarmenOropesa, DARLACATHCART, DIEU97, eegarzz, lizacorreiay, Lucky Strike, MiriamSalazar, Pudge, shupotttr, Tanhaiub, Truong, 7-15 Day Delivery, ADORABLEFASHION, Ave Ansell, Barnrae, BeyondNice Charms, biayipinguo, bingtongshangmao, Biotanki Store, Brook Alice, Cai-H-J, Darwin Reyes, Dataman Store, DENWENZHAI, DGHNMIG, dongdongus, GKALE, HA TUUOSB, Hoziwangi, HQUANSHOP, Infantion, JianSenRuiChangZhuTongBo US, KERRY STOOTS, Khiemtore, King Kong Somersault, lingluodianzi and LisSanDra added to case caption. (Kalbac, William) |
Filing 35 NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
Filing 34 SUMMONS Returned Executed by Those Characters from Cleveland, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/26/2023, answer due 5/17/2023. (Hierl, Michael) |
Filing 33 CERTIFICATE of Service by Plaintiff Those Characters from Cleveland, LLC (Hierl, Michael) |
Filing 32 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion #29 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by May 1, 2023." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, as well as in Plaintiff's motion to extend the TRO, the TRO is extended until the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice. (jlj, ) |
Filing 31 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #29 (Hierl, Michael) |
Filing 30 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for preliminary injunction #29 (Hierl, Michael) |
Filing 29 MOTION by Plaintiff Those Characters from Cleveland, LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (jb, ) |
Filing 28 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO #26 is granted. The TRO is extended to and including May 1, 2023. Mailed notice. (jlj, ) |
Filing 27 MEMORANDUM by Those Characters from Cleveland, LLC Supplemental Memorandum (Hierl, Michael) |
Filing 26 MOTION by Plaintiff Those Characters from Cleveland, LLC for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order (Hierl, Michael) |
Filing 25 SURETY BOND in the amount of $ 10,000 posted by Those Characters from Cleveland, LLC. (Document not scanned.) (lw, ) |
Filing 24 MINUTE entry before the Honorable Lindsay C. Jenkins: The court would like to better understand the differences between Cases 23-cv-57 (filed in January 2023) and 23-cv-1923 (filed in March 2023), and specifically why an amendment to the pleading in 23-cv-57 was unavailable at the time the later case was filed. On the court's brief review of both complaints, it appears that 23-cv-1923 contains allegations that are virtually identical to those in 23-cv-57, except that the newer case added three additional platforms where the counterfeit products are said to be offered for sale (Artistshot, DHgate and Walmart). By April 17, 2023, Plaintiff should file a statement on the docket in both cases addressing these issues. Mailed notice. (jlj, ) |
Filing 23 SEALED TRO Signed by the Honorable Lindsay C. Jenkins on 4/3/2023.Mailed notice.(jlj, ) |
Filing 22 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for leave to file under seal #6 , ex parte motion for a temporary restraining order and motion for electronic service of process #10 are granted. Plaintiff's motion to exceed the page limitation is also granted #9 . Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries [7, 12, 13, 14, 15, 16, 17, 18, and 19]. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and 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 effectively communicates the pendency of this action to Defendants. As other judges in this District have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice. (jlj, ) |
Filing 21 MAILED trademark report to Patent Trademark Office, Alexandria VA (jk2, ) |
Filing 20 Notice of Claims Involving Trademarks by Those Characters from Cleveland, LLC (Hierl, Michael) |
Filing 19 EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 8 of Gorman Declaration (Hierl, Michael) Modified on 5/4/2023 (gcy, ). |
Filing 18 EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 7 of Gorman Declaration (Hierl, Michael) Modified on 5/4/2023 (gcy, ). |
Filing 17 EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 6 of Gorman Declaration (Hierl, Michael) Modified on 5/4/2023 (gcy, ). |
Filing 16 EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 5 of Gorman Declaration (Hierl, Michael) Modified on 5/4/2023 (gcy, ). |
Filing 15 EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 4 of Gorman Declaration (Hierl, Michael) Modified on 5/4/2023 (gcy, ). |
Filing 14 EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 3 of Gorman Declaration (Hierl, Michael) Modified on 5/4/2023 (gcy, ). |
Filing 13 EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 2 of Gorman Declaration (Hierl, Michael) Modified on 5/4/2023 (gcy, ). |
Filing 12 EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 1 of Gorman Declaration (Hierl, Michael) Modified on 5/4/2023 (gcy, ). |
Filing 11 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for temporary restraining order, #10 (Attachments: #1 Declaration Gorman Declaration, #2 Exhibit 1, #3 Exhibit 2 Part 1, #4 Exhibit 2 Part 2, #5 Declaration Hierl Declaration, #6 Exhibit Hierl Exhibit 1, #7 Exhibit Hierl Exhibit 2, #8 Exhibit Hierl Exhibit 3)(Hierl, Michael) |
Filing 10 MOTION by Plaintiff Those Characters from Cleveland, LLC for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael) |
Filing 9 MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Those Characters from Cleveland, LLC (Hierl, Michael) |
Filing 7 SCHEDULE A by Plaintiff Those Characters from Cleveland, LLC Sealed Schedule A (Hierl, Michael) Modified on 5/4/2023 (gcy, ). |
Filing 6 MOTION by Plaintiff Those Characters from Cleveland, LLC to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
Filing 5 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Robert Payton Mcmurray (Mcmurray, Robert) |
Filing 4 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by William Benjamin Kalbac (Kalbac, William) |
Filing 3 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Michael A. Hierl (Hierl, Michael) |
Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
Filing 1 COMPLAINT filed by Those Characters from Cleveland, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-20483031. (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part 1, #3 Exhibit 2 Part 2)(Hierl, Michael) |
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, ) |
CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (jb, ) |
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