Bestway Inflatables & Material Corp. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Bestway Inflatables & Material Corp. |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, Kinyu, acemantrad_0, aoodoo, bao3177, beautygirl666, best_deal_92266, bluebird8286, costfactor, dopexd_ciolsed, emwe 97, ezlinkglobal, fasterstore2411, fcmkfdbu8, fuxinlugga0, golddiscoveryclub, hamkha_2, heywongsupply, ho5s_0, hoanngu3320, jack3d84, jacobputian5, jioooosm, justeej, lakmal98, luckymart86, luxuan_0, lyou0406, monalovelynn, monazp, mswofficialgo, pleauhaydaqm8, qunyzeng66, rafaeldeoleo, sewwantha, sosports123, springs99, strives, suminandi-0, tan16-4211, the_digital_mall, toz2013, trondo-96, tucao-14, urbanrenewalhkbr-0, waruna12, wenxilin, winters696, xiatiand-53, yiting-3, zengqy018, 01power1supplier, 82-mart, abh shops, acldecorationconstru-0, animal hub2010, cartwhe_19, ccr2002-9, chenpingping, crowds_people, dakanghua213, dodch_0, eroyal_mart5, eski5197, gemmafreda1982, haoyush-93, hoan-6669, htg-uk, jiangdesong-01, jun798_31, jus775522, juy_297, kavtha-67, lbh shops4u, leth_5323, loobysh, michaetkashma0, muhasidd_7275, mumai90, n ph-54, prettyandhot, sandarustore, second 6, selena-deals, shaaf165, sight-02, sln_all_in_one_mart, supersta61, terisolou, wavebl-44, wfhx-coolstar, wfvl3181, yihongxinghongkongt-0, zhcheer_87, zhitan_69, zhouhuan-88, Amptyhub pool, BassTop, binzhouwubangcaimaoyiyouxiangongsi, BrightLighs-US, Dallhart, Dayear outdoor supplies, dihapo, drinktowind, DuangLei-AMZ, FilledwithLove, Ganggededian, GDYYEZI-shops, JZSMY, meihansiyunama, MING-MCZ, PartMaster, PHGH, Snow in winter, Southsupply, Swviit, YiMai-US and Yongsheng Electronic Commerce Co., Ltd. |
| 1:2023cv02700 |
| May 1, 2023 |
| US District Court for the Northern District of Illinois |
| Sara L Ellis |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 51 ATTORNEY Appearance for Defendant Amptyhub pool by Kevin John Keener (Keener, Kevin) |
| Filing 50 NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 98 (Hierl, Michael) |
| Filing 49 NOTICE of Motion by Wesley E. Johnson for presentment of motion for extension of time to file answer #48 before Honorable Sara L. Ellis on 7/6/2023 at 01:45 PM. (Johnson, Wesley) |
| Filing 48 MOTION by Defendant Swviit for extension of time to file answer (Agreed) (Johnson, Wesley) |
| Filing 47 NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 102, 116 (Hierl, Michael) |
| Filing 46 NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 99 (Hierl, Michael) |
| Filing 45 NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 96 (Hierl, Michael) |
| Filing 44 NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 81 (Hierl, Michael) |
| Filing 43 ATTORNEY Appearance for Defendant Swviit by Shu-yu Lin (Lin, Shu-yu) |
| Filing 42 ATTORNEY Appearance for Defendant Swviit by Wesley E. Johnson (Johnson, Wesley) |
| Filing 41 NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 94 (Hierl, Michael) |
| Filing 40 NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 64 (Hierl, Michael) |
| Filing 39 NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 52, 55, 72 (Hierl, Michael) |
| Filing 38 PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 6/7/2023. Mailed notice. (ecw, ) |
| Filing 37 MINUTE entry before the Honorable Thomas M. Durkin: This matter is before Judge Durkin as the Emergency Judge. Motion hearing held on 6/7/2023. Counsel for Defendant Kinyu was present on the call. No other defendants appeared. Pursuant to the notice of voluntary dismissal #36 , Defendant Kinyu is dismissed without prejudice. For the reasons stated on the record, Plaintiff's Motion for Entry of a Preliminary Injunction #30 is granted. Plaintiff's counsel is to send an updated proposed Preliminary Injunction Order to Judge Durkin's proposed order inbox. The Clerk's office is directed to unseal Plaintiff's Complaint, Schedule A to the Complaint [Dkt. No. 7], Exhibit #2 to the Declaration of Eric Li [Dkt. Nos. 12-18], and the TRO [Dkt. No. 24]. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. For tracking purposes, a status hearing before Judge Ellis is set for 7/7/2023 at 9:00 a.m. Plaintiff's counsel is to contact Judge Ellis' courtroom deputy as to whether the status hearing will proceed on that date. Mailed notice. (ecw, ) |
| Filing 36 NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Defendant No. 108 (Hierl, Michael) |
| NEW PARTIES: strives, suminandi-0, tan16-4211, the_digital_mall, toz2013, trondo-96, tucao-14, urbanrenewalhkbr-0, waruna12, wenxilin, winters696, xiatiand-53, yiting-3, zengqy018, 01power1supplier, 82-mart, abh shops, acldecorationconstru-0, animal hub2010, cartwhe_19, ccr2002-9, chenpingping, crowds_people, dakanghua213, dodch_0, eroyal_mart5, eski5197, gemmafreda1982, haoyush-93, hoan-6669, htg-uk, jiangdesong-01, jun798_31, jus775522, juy_297, kavtha-67, lbh shops4u, leth_5323, loobysh, michaetkashma0, muhasidd_7275, mumai90, n ph-54, prettyandhot, sandarustore, second 6, selena-deals, shaaf165, sight-02, sln_all_in_one_mart, supersta61, terisolou, wavebl-44, wfhx-coolstar, wfvl3181, yihongxinghongkongt-0, zhcheer_87, zhitan_69, zhouhuan-88, Amptyhub pool, BassTop, binzhouwubangcaimaoyiyouxiangongsi, BrightLighs-US, Dallhart, Dayear outdoor supplies, dihapo, drinktowind, DuangLei-AMZ, FilledwithLove, Ganggededian, GDYYEZI-shops, JZSMY, meihansiyunama, MING-MCZ, PartMaster, PHGH, Snow in winter, Southsupply, Swviit, YiMai-US and Yongsheng Electronic Commerce Co., Ltd. added to case caption. (Kalbac, William) |
| NEW PARTIES: acemantrad_0, aoodoo, bao3177, beautygirl666, best_deal_92266, bluebird8286, costfactor, dopexd_ciolsed, emwe 97, ezlinkglobal, fasterstore2411, fcmkfdbu8, fuxinlugga0, golddiscoveryclub, hamkha_2, heywongsupply, ho5s_0, hoanngu3320, jack3d84, jacobputian5, jioooosm, justeej, lakmal98, luckymart86, luxuan_0, lyou0406, monalovelynn, monazp, mswofficialgo, pleauhaydaqm8, qunyzeng66, rafaeldeoleo, sewwantha, sosports123 and springs99 added to case caption. (Kalbac, William) |
| Filing 35 ATTORNEY Appearance for Defendant Kinyu by Timothy Tiewei Wang (Wang, Timothy) |
| Filing 34 SUMMONS Returned Executed by Bestway Inflatables & Material Corp. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 6/2/2023, answer due 6/23/2023. (Hierl, Michael) |
| Filing 33 MINUTE entry before the Honorable Thomas M. Durkin: This matter is before Judge Durkin as Emergency Judge. A telephone hearing as to the motion for preliminary injunction #30 is set for 6/7/2023 at 9:15 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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. Mailed notice. (ecw, ) |
| Filing 32 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #30 (Hierl, Michael) |
| Filing 31 MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for preliminary injunction #30 (Hierl, Michael) |
| Filing 30 MOTION by Plaintiff Bestway Inflatables & Material Corp. 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 (jcc, ) |
| Filing 29 NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 89 (Hierl, Michael) |
| Filing 28 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for leave to extend the temporary restraining order #25 . The Court extends the TRO through 6/7/2023. The Court strikes the status date set for 5/23/2023. The Court will not be available upon the expiration of the TRO. Thus, Plaintiff should file and notice for presentment any motion for preliminary injunction before the Emergency Judge. Mailed notice (rj, ) |
| Filing 27 SURETY BOND in the amount of $10,000 posted by Bestway Inflatables & Material Corp. (Document not scanned.) (lw, ) |
| Filing 26 NOTICE of Motion by Michael A. Hierl for presentment of extension of time #25 before Honorable Sara L. Ellis on 5/23/2023 at 09:30 AM. (Hierl, Michael) |
| Filing 25 MOTION by Plaintiff Bestway Inflatables & Material Corp. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 24 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sara L. Ellis on 5/10/2023 (td, ) |
| Filing 23 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for leave to file under seal #6 , for leave to file excess pages #9 , and for entry of a temporary restraining order #10 . The Court sets a status date for 5/23/2023 at 9:30 a.m. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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. Mailed notice (rj, ) |
| Filing 22 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (aee, ) |
| Filing 21 MAILED trademark report to Patent Trademark Office, Alexandria VA. (Attachments: #1 Trademarks)(aee, ) |
| Filing 20 NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, #10 before Honorable Sara L. Ellis on 5/9/2023 at 09:45 AM. (Hierl, Michael) |
| Filing 19 Notice of Claims Involving Trademarks by Bestway Inflatables & Material Corp. (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 7 of Li Declaration (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 6 of Li Declaration (Hierl, Michael) |
| Filing 16 SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 5 of Li Declaration (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 4 of Li Declaration (Hierl, Michael) |
| Filing 14 SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 3 of Li Declaration (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 2 of Li Declaration (Hierl, Michael) |
| Filing 12 SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 1 of Li Declaration (Hierl, Michael) |
| Filing 11 MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for temporary restraining order, #10 (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) |
| Filing 10 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 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 Bestway Inflatables & Material Corp. 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 Bestway Inflatables & Material Corp. (Hierl, Michael) |
| Filing 7 SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Sealed Schedule A (Hierl, Michael) |
| Filing 6 MOTION by Plaintiff Bestway Inflatables & Material Corp. to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 5 ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Bestway Inflatables & Material Corp.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20589552. (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Susan E. Cox. 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, ) |
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