Spin Master Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Spin Master Ltd. and Spin Master, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule A and Quanzhou Ruzi Trading Co., Ltd. |
| 1:2023cv02781 |
| May 3, 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 June 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 38 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #37 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 37 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for entry of default,, motion for default judgment, #36 (Attachments: #1 Exhibit 1)(Joseph, Justin) |
| Filing 36 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for entry of default , MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Joseph, Justin) |
| NEW PARTIES: Quanzhou Ruzi Trading Co., Ltd. added to case caption. (Gaudio, Justin) |
| Filing 35 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 06/15/2023. Emailed notice (mw, ) |
| Filing 34 MINUTE entry before the Honorable Edmond E. Chang: In light of the same circumstances that justified entry of the TRO, the motion for preliminary injunction #30 is granted. Given the answer deadline of 06/26/2023, the tracking status hearing of 06/16/2023 is reset to 07/14/2023 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 07/06/2023. If the Defendant does not answer on time, then the Defendant shall be deemed in default and the Plaintiff shall file a motion for default judgment by the same deadline. Emailed notice (mw, ) |
| Filing 33 STATUS Report pursuant to #29 by Spin Master Ltd., Spin Master, Inc. (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 32 SUMMONS Returned Executed by Spin Master Ltd., Spin Master, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/5/2023, answer due 6/26/2023. (Attachments: #1 Declaration of Andrew D. Burnham)(Burnham, Andrew) |
| Filing 31 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for preliminary injunction #30 (Attachments: #1 Declaration of Justin T. Joseph, #2 Exhibit 1)(Joseph, Justin) |
| Filing 30 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for preliminary injunction (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 29 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts justifying entry of the initial TRO, the motion to extend the TRO #27 is granted. The extension lasts through 06/19/2023. The tracking status hearing of 06/02/2023 is reset to 06/16/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report (and preliminary injunction motion if appropriate) by 06/09/2023. Emailed notice (mw, ) |
| Filing 28 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of extension of time #27 (Attachments: #1 Declaration of Justin T. Joseph)(Joseph, Justin) |
| Filing 27 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for extension of time of Temporary Restraining Order (Joseph, Justin) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (jb, ) |
| Filing 26 Registry Deposit Information Form by Spin Master Ltd., Spin Master, Inc. (Joseph, Justin) |
| Filing 25 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/22/2023. Emailed notice (mw, ) |
| Filing 24 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #16 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), 17 U.S.C. 504(b), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark and copyright owners need only gross sales, and defendants must show costs or deductions. 15 U.S.C. 1117(a); 17 U.S.C. 504(b). 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 05/29/2023, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion #21 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 06/02/2023 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 05/30/2023.Emailed notice (mw, ) |
| Filing 23 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #22 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 22 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for miscellaneous relief #21 (Gaudio, Justin) |
| Filing 21 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 20 SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Exhibit 4 regarding declaration #19 (Attachments: #1 Exhibit 4)(Gaudio, Justin) |
| Filing 19 DECLARATION of Chris Harrs regarding memorandum in support of motion #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 18 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 17 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for temporary restraining order #16 (Gaudio, Justin) |
| Filing 16 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 15 SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Schedule A regarding amended complaint, #14 (Gaudio, Justin) |
| Filing 14 AMENDED complaint by Spin Master Ltd., Spin Master, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gaudio, Justin) |
| Filing 13 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (exr, ) |
| Filing 12 MAILED trademark report to Patent Trademark Office, Alexandria VA (exr, ) |
| Filing 11 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Andrew Daniel Burnham (Burnham, Andrew) |
| Filing 10 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin Tyler Joseph (Joseph, Justin) |
| Filing 9 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Christopher S Hermanson (Hermanson, Christopher) |
| Filing 8 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master, Inc. (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master, Inc. (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Spin Master Ltd., Spin Master, Inc.; Filing fee $ 402, receipt number AILNDC-20602492. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (exr, ) |
| 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. (exr, ) |
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