Shenzhen Kangmingcheng Technology Co., Ltd v. WhaleCo, Inc. et al
| Shenzhen Kangmingcheng Technology Co., Ltd |
| WhaleCo, Inc., Romantic Room Y, Does 1 through 10, PDD HOLDINGS INC, SkyDay, Narcissus, Sunangmas, KOWSi and RONGCHENG |
| 1:2023cv02697 |
| April 29, 2023 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Both |
Docket Report
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| Filing 37 NOTICE of Voluntary Dismissal by Shenzhen Kangmingcheng Technology Co., Ltd (Ju, Tianyu) |
| Filing 36 TRANSCRIPT OF PROCEEDINGS held on 06/01/2023 before the Honorable Edmond E. Chang. Order Number: 46005. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR. Official Court Reporter. judith_walsh@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/26/2023. Redacted Transcript Deadline set for 7/6/2023. Release of Transcript Restriction set for 9/4/2023. (Walsh, Judy) |
| Filing 35 MINUTE entry before the Honorable Edmond E. Chang: Continue motion hearing held. Counsel for the Plaintiff and WhaleCo (Temu) appeared by telephone. (1.) For the reasons stated on the record, the Plaintiff's motion for TRO #8 is denied. If the Plaintiff plans on filing a motion for preliminary injunction for pre-judgment asset restraint, then the Plaintiff shall explain (a) whether the physical addresses of the Seller-Defendants are bona fide addresses; and (b) whether the Plaintiff would have access to judgment-collection methods in China. Temu shall respond to discovery requests on the amount of funds held by Temu as to particular Seller-Defendants within three business days of each request. (2.) Temu's response to the first amended complaint is due 06/29/2023. (3.) The Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and file a supplemental memorandum addressing the propriety of joinder by 06/20/2023. A tracking status hearing is set for 07/14/2023 at 8:30 a.m., to track the case only (no appearance is required, the case will not be called). Instead, the parties to file a joint initial status report with the content described in the attached status report requirements by 07/06/2023. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| Filing 34 CERTIFICATION REGARDING LANHAM ACT MEDIATION PROGRAM by WhaleCo, Inc. (Mandell, Steven) |
| Filing 33 First AMENDED complaint by Shenzhen Kangmingcheng Technology Co., Ltd against Romantic Room Y, WhaleCo, Inc., PDD HOLDINGS INC, SkyDay, Narcissus, Sunangmas, KOWSi, RONGCHENG (Attachments: #1 Exhibit 1, #2 Exhibit 2 Certificate of Plaintiff's trademark, #3 Exhibit 3 Infringing Evidence, #4 Exhibit 4 Infringing Evidence, #5 Exhibit 5 Infringing Evidence, #6 Exhibit 6 Infringing Evidence, #7 Exhibit 7 Infringing Evidence, #8 Exhibit 8 Infringing Evidence)(Ju, Tianyu) |
| Filing 32 MINUTE entry before the Honorable Edmond E. Chang: Defendant WhaleCo's unopposed extension motion to respond to the complaint #30 is granted to 06/29/2023. Emailed notice (mw, ) |
| Filing 31 REPLY by Shenzhen Kangmingcheng Technology Co., Ltd to Response #27 (Wang, Wei) |
| Filing 30 MOTION by Defendant WhaleCo, Inc. for extension of time to respond (unopposed) (Mandell, Steven) |
| Filing 29 MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, due to a criminal sentencing in another case, and after consultation between the courtroom deputy and counsel for the parties, the continued telephone TRO hearing set for 05/31/2023 is reset to 06/01/2023 at 10:15 a.m. without objection. The Court thanks the parties for their flexibility. Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (650) 479-3207 and the access code 180 384 7218#. Counsel of record will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (mw, ) |
| Filing 28 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by WhaleCo, Inc. (Mandell, Steven) |
| Filing 27 RESPONSE by Defendant WhaleCo, Inc. to memorandum in support of motion, #23 , memorandum in support of motion #9 (Attachments: #1 Declaration of Kailin Zhang)(Mandell, Steven) |
| Filing 26 MINUTE entry before the Honorable Edmond E. Chang: Defendant Temu's first extension motion #21 to respond to discovery was unopposed, and is granted, setting the deadline at 05/15/2023. For the second extension motion #22 , which is opposed, see R. 25, the motion is granted to 05/22/2023 at 5 p.m. in light of the progress that Temu has made in providing the other information. Emailed notice (Chang, Edmond) |
| Filing 25 RESPONSE by Shenzhen Kangmingcheng Technology Co., Ltdin Opposition to MOTION by Defendant WhaleCo, Inc. for extension of time DEFENDANT WHALECO INC.'S OPPOSED SECOND MOTION FOR EXTENSION OF THE EXPEDITED DISCOVERY DEADLINE IMPOSED BY COURT'S MAY 11, 2023 ORDER #22 (Attachments: #1 Exhibit 1 Personal Information Protection Law of China, #2 Exhibit 2 Temu Website, #3 Exhibit 3 Temu's Terms of Use, #4 Exhibit 4 News about Temu, #5 Exhibit 5 Amended Complaint in Case 22-cv-07119, #6 Exhibit 6 Photo of Package, #7 Exhibit 7 Shanghai Yucan Information, #8 Exhibit 8 Temu's Intellectual Property Policy)(Ju, Tianyu) |
| Filing 24 TRANSCRIPT OF PROCEEDINGS held on 05/11/2023 before the Honorable Edmond E. Chang. Order Number: 45857. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR. Official Court Reporter. judith_walsh@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/7/2023. Redacted Transcript Deadline set for 6/19/2023. Release of Transcript Restriction set for 8/15/2023. (Walsh, Judy) |
| Filing 23 MEMORANDUM by Shenzhen Kangmingcheng Technology Co., Ltd in support of motion for temporary restraining order #8 (Attachments: #1 Decl. of Ju, #2 Exhibit 1 of Decl. of Ju, #3 Exhibit 2 of Decl. of Ju, #4 Exhibit 3 of Decl. of Ju, #5 Exhibit 4 of Decl. of Ju, #6 Exhibit 5 of Decl. of Ju, #7 Exhibit 6 of Decl. of Ju, #8 Exhibit 7 of Decl. of Ju)(Ju, Tianyu) |
| Filing 22 MOTION by Defendant WhaleCo, Inc. for extension of time DEFENDANT WHALECO INC.'S OPPOSED SECOND MOTION FOR EXTENSION OF THE EXPEDITED DISCOVERY DEADLINE IMPOSED BY COURT'S MAY 11, 2023 ORDER (Mandell, Steven) |
| Filing 21 MOTION by Defendant WhaleCo, Inc. for extension of time DEFENDANT WHALECO INC.'S UNOPPOSED MOTION FOR EXTENSION OF THE EXPEDITED DISCOVERY DEADLINE IMPOSED BY COURT'S MAY 11, 2023 ORDER (Mandell, Steven) |
| Filing 20 MINUTE entry before the Honorable Edmond E. Chang: Telephone motion hearing held. Counsel for the Plaintiff and Defendant WhaleCo appeared by telephone. As discussed during the hearing, WhaleCo shall be allowed a chance to respond in writing. First, the Plaintiff shall file a comprehensive supplemental memorandum, by 05/15/2023, with all of its newly discovered evidence of allegedly infringing listings. But the Plaintiff shall promptly and continuously provide WhaleCo with the listings as they are discovered in a cooperative effort. The Defendants shall respond by 05/22/2023. The Plaintiff's reply, if any, is due 05/26/2023. On expedited discovery, by 2:00 p.m. Central on 05/12/2023, WhaleCo shall provide the Plaintiff's counsel with the seller-account information for Defendant Romantic Room Y, specifically (a) records showing the opening of the seller account and the profile information for the seller (including all address and contact information); and (b) records reflecting any transactions in the targeted listing (now taken down) of the allegedly infringing towels, including date and, payment information for those transactions. If the parties are unable to agree on a confidentiality order before the disclosure, then the disclosure shall be attorneys'-eyes only until a confidentiality order is in place. Continued telephone TRO hearing set for 05/31/2023 at 1:30 p.m. Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (650) 479-3207 and the access code 180 384 7218#. Counsel of record will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (mw, ) |
| Filing 19 AFFIDAVIT by Plaintiff Shenzhen Kangmingcheng Technology Co., Ltd in Support of MOTION by Plaintiff Shenzhen Kangmingcheng Technology Co., Ltd for temporary restraining order #8 (Attachments: #1 Exhibit 1 of Decl. of Ju, #2 Exhibit 2 of Decl. of Ju, #3 Exhibit 3 of Decl. of Ju, #4 Exhibit 4 of Decl. of Ju, #5 Exhibit 5 of Decl. of Ju)(Ju, Tianyu) |
| Filing 18 MINUTE entry before the Honorable Edmond E. Chang: Victor Jih's, Russell Kostelak's, and Kelly Yin's motion to appear pro hac vice for Defendant WhaleCo. #15 #16 #17 are granted. Emailed notice (mw, ) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20622198. (Yin, Kelly) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20622190. (Kostelak, Russell) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20622159. (Jih, Victor) |
| Filing 14 ATTORNEY Appearance for Defendant WhaleCo, Inc. by Steven P. Mandell (Mandell, Steven) |
| Filing 13 SUMMONS Returned Executed by Shenzhen Kangmingcheng Technology Co., Ltd as to WhaleCo, Inc. on 5/8/2023, answer due 5/29/2023. (Wang, Wei) |
| Filing 12 MINUTE entry before the Honorable Edmond E. Chang: Telephone motion hearing on Plaintiff's motion for temporary restraining order #8 set for 05/11/2023 at 4:45 p.m. Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (650) 479-3207 and the access code 180 384 7218#. Counsel of record will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (mw, ) |
| Filing 11 DECLARATION of Tianyu Ju regarding memorandum in support of motion #9 (Attachments: #1 Exhibit 1 U.S. Customs and Border Protection (CBP) report)(Ju, Tianyu) |
| Filing 10 DECLARATION of Xuanming Liang regarding memorandum in support of motion #9 (Ju, Tianyu) |
| Filing 9 MEMORANDUM by Shenzhen Kangmingcheng Technology Co., Ltd in support of motion for temporary restraining order #8 (Ju, Tianyu) |
| Filing 8 MOTION by Plaintiff Shenzhen Kangmingcheng Technology Co., Ltd for temporary restraining order (Ju, Tianyu) |
| Filing 7 ATTORNEY Appearance for Plaintiff Shenzhen Kangmingcheng Technology Co., Ltd by Tao Liu (Liu, Tao) |
| Filing 6 ATTORNEY Appearance for Plaintiff Shenzhen Kangmingcheng Technology Co., Ltd by Wei Wang (Wang, Wei) |
| SUMMONS Issued as to Defendant WhaleCo, Inc. (emc, ) |
| Filing 5 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (nsf, ) |
| Filing 4 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (nsf, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (kra, ) |
| 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. (kra, ) |
| Filing 3 CIVIL Cover Sheet (Ju, Tianyu) |
| Filing 2 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shenzhen Kangmingcheng Technology Co., Ltd (Ju, Tianyu) |
| Filing 1 COMPLAINT filed by Shenzhen Kangmingcheng Technology Co., Ltd; Jury Demand. Filing fee $ 402, receipt number AILNDC-20589088. (Attachments: #1 Exhibit 1 Certificate of Plaintiff's trademark, #2 Exhibit 2)(Ju, Tianyu) |
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