Stanley Black & Decker, Inc. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A
Stanley Black & Decker, Inc. and The Black & Decker Corporation |
The Partnerships and Unincorporated Associations Identified on Schedule A, Lumsingdirect, Mingchuanghui, Heriskeer, Jialitt, Glk-Shop, Gatcepot, Jyakli, Dasnite Direct, Tai Jing Tech, Tuoxin Direct, Xruokeji, Miady, Wakitt Direct, Dosctt-Us, 2019Nana, 3600Memory, 3C-Dealcity, 828Discounts, Alles_Top168, Allfine2018, Allthebest2021, Allwellfrom2020, Antrobutus, Battery_Shop_Uk, Batteryengineer, Batteryexpert2016, Batterymall2018, Batteryspecialist, Batteryworldmall666, Batteryworldmall888, Berrn3, Bossup2020, Bulewind2018, Cell-Plaza, Changsheng2018, Cheapreeferparts, Comix_0813, Crazybattery1215, Crown_Battery202, Crunchypineapple, Dooobest, Dosctt, Dsanker_Powerbest, Dwavau_51, Eagglewtek, Easyxun_All, Eeptop, Enegitechus, Everyyi_Good, Expertpow, Eztrade2World, Fantai_8866, Findbig, First-Battery, Forward-Sell, Fotf9649, Gardenlife1, Genuineprotection, Goodebuying, Goodjob_2020, Grenstonly, Happydeal-Mall, Happyworkak, Heat_Electrical, Hffytek, Hinorthocean5, Hiphpower2020, Homelink20, Honesty2022, Huatangzhu, Huatangzi, Huifeng_Forever, Iler-4517, Isave, Itistool, Jeremiagorciu_0, Jiraphiboont_0, Joinly, Jonyly, Justintimegifts, King-Dysontec, Leaderwolf06, Lixiangshenghuo522, Lt-Daydayup, Mad_Akku, Memory1900World, Moonboat017, Mopow8, Mryangfan888, Mudatech, Niepan_Hot, Hasas_83, New2021Shop, Nstraders, Octoder, Oepartsmaster9, Onfine0183, Onfine2016, Only1-Power, Oolongly5, Optimisticplan7, Out_Of_World, Ownfordyson, Paweboon_0, Pejoy1239, Power_Mart_Sydney, Power_Storm, Powerad_63, Powerbatterydeal, Powerstation1, Praise-59, Pricebreak-Deals, Professionalsale, Pwellerstore, Quick-Port, Rainbow0310, Recovpro-45, Resiboqihu, Rhighpower, Rpell35, Ruilong_Direct, Shopfactoryauthorizedbattery, Shueysupplies, Shun4530, Shunan8888, Singrysingry, Sittthana-0, Smexea21, Soineed, Storm_2018, Superstar8966, Swanstore2016, Swanstore2017, Tengda9511, Thesiliconvalley, Thiss_Star, Thiss0260, Thiss169, Thiss17815, Tonybattery, Toolbarn, Toolbattery, Toolmall-Us, Toolsma-80, Toolspower, Top_Professional1997, Topbatt_2016, Topbatteryzone, Topmotorcycle16, Topsaleforever, Topsaleshop888, Tornado_2018, Tuoffuy2075, Upsongdaren2021, Upxingxing2021, Vanyum_2018, Vanyum, Vanyum_Star2021, Vitsat-75, Vovov4250, Whizzohead, Wishwishful2021, Womeaq, Xinglong2018, Xingyun_Lucky, Yumseller, Yun169, Yunfm2020, Yuntuo6415, Zzauya9635, 53Ae1F5Fd911396A51A1656A, 5809B6951556B06D868D2A54, 5938F261E81E8A3E0683Dfb9, 5A7B020B9Bda4E392D5E7Bba, 5Bac93Acb38B9F60A24D1432, 5Bbf0097B0D3F96Ac7449Aff, 5D044Fa4B82D8E314D8621D0, 5D3Ed892E13A7E16Fef3Bf7E, 5D53A67D40Defd7641466Be1, 5D60A6C533F0B47B9F656Cc1, 5D60D32A560Eca124063B3F7, 5De76F555D35F90400Bec331, 5E5F55503473451A00Db5E55, 5E5F64Bf4755Cc020625Cf28, 5E718D12Aa163A07C06E36Bb, 5E718E0Bce928C1B419C11Ff, 5E8E83F2052E6E087Cd1D961, 5Ee99D83Dc75330B8084192B, 5Ef64B6F29E7864480251851, 5F59Bf2C2E7F3D01599192A4, 5Fc207091D017826D4570D04, 6045D0272F032F603Fa33766, 607Ccec84Ca008A940D16298, 6177B1Ba83Ac8Cfe6Ff25027 and Batteryer |
1:2023cv02814 |
May 4, 2023 |
US District Court for the Northern District of Illinois |
Martha M Pacold |
Trademark |
15 U.S.C. § 1114 Trademark Infringement |
None |
Docket Report
This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 40 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal, #38 , which seeks to voluntarily dismiss a number of defendants under Rule 41(a)(1). Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notices of voluntary dismissal as requests for leave to amend the pleadings under Rule 15(a)(2) by dropping these defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 7/7/2023 identifying the remaining defendants. No. 24 Battery_Shop_Uk; No. 43 Dsanker_Powerbest; No. 106 Power_Mart_Sydney; No. 1 Lumsingdirect; No. 2 Mingchuanghui; No. 8 Dasnite Direct; No. 10 Tuoxin Direct; No. 114 Pwellerstore; No. 9 Tai Jing Tech; No. 189 5ef64b6f29e7864480251851; No. 15 2019Nana; No. 23 Antrobutus; No. 25 Batteryengineer; No. 26 Batteryexpert2016; No. 27 Batterymall2018; No. 28 Battery specialist; No. 41 Dooobest; No. 42 Doscott; No. 45 Eagglewtek; No. 47 Eeptop; No. 48 Enegitechus; No. 50 Expertpow; No. 51 Eztrade2World; No. 65 Hffytek; No. 88 Mopow8; No. 90 Mudatech; No. 110 Powerstation1; No. 147 Topbatt_2016 terminated. (rao, ) |
Filing 39 Amended Schedule A #2 by Stanley Black & Decker, Inc., The Black & Decker Corporation (Vogt, Keith) |
Filing 38 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
Filing 37 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal #32 , which seeks to voluntarily dismiss defendants No. 100 Oolongly; No. 135 Thesiliconvalley; and No. 161 Whizzohead under Rule 41(a)(1). Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants No. 100 Oolongly; No. 135 Thesiliconvalley; and No. 161 Whizzohead from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 6/29/2023 identifying the remaining defendants. Oolongly5, Thesiliconvalley, and Whizzohead terminated. (rao, ) |
Filing 36 MINUTE entry before the Honorable Martha M. Pacold: The court takes plaintif''s motion for entry of default and default judgment #34 under advisement. Any defendant objecting to plaintiff's motion for entry of default and for default judgment #34 must enter an appearance and file a written objection by 7/10/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
Filing 35 MEMORANDUM by Stanley Black & Decker, Inc., The Black & Decker Corporation in support of motion for default judgment #34 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
Filing 34 MOTION by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation for default judgment as to The Defendants Identified In The First Amended Schedule A (Vogt, Keith) |
Filing 33 First Amended Schedule A by Stanley Black & Decker, Inc., The Black & Decker Corporation (Vogt, Keith) |
Filing 32 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
Filing 31 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notices of dismissal, #29 ; #30 , which seeks to voluntarily dismiss a number of defendants under Rule 41(a)(1). Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notices of voluntary dismissal as requests for leave to amend the pleadings under Rule 15(a)(2) by dropping these defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 6/23/2023 identifying the remaining defendants. Defendants No. 95 Octoder; No. 4 Jialitt; No. 126 Singrysingry; No. 78 Joinly; No. 79 Jonyly; No. 163 Womeaq; No. 11 Xruokeji; No. 96 Oepartsmaster9; No. 12 Miady; No. 40 Crunchypineapple; No. 18 828Discounts; No. 62 Happydeal-Mall; No. 3 Heriskeer; No. 14 Dosctt-Us; No. 16 3600Memory; No. 29 Batteryworldmall666; No. 30 Batteryworldmall888; No. 75 Itistool; No. 83 Lixiangshenghuo522; No. 86 Memory1900World; No. 122 Shopfactoryauthorizedbattery; and No. 144 Toolsma-80 terminated. (rao, ) |
Filing 30 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
Filing 29 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
NEW PARTIES: Praise-59, Pricebreak-Deals, Professionalsale, Pwellerstore, Quick-Port, Rainbow0310, Recovpro-45, Resiboqihu, Rhighpower, Rpell35, Ruilong_Direct, Shopfactoryauthorizedbattery, Shueysupplies, Shun4530, Shunan8888, Singrysingry, Sittthana-0, Smexea21, Soineed, Storm_2018, Superstar8966, Swanstore2016, Swanstore2017, Tengda9511, Thesiliconvalley, Thiss_Star, Thiss0260, Thiss169, Thiss17815, Tonybattery, Toolbarn, Toolbattery, Toolmall-Us, Toolsma-80, Toolspower, Top_Professional1997, Topbatt_2016, Topbatteryzone, Topmotorcycle16, Topsaleforever, Topsaleshop888, Tornado_2018, Tuoffuy2075, Upsongdaren2021, Upxingxing2021, Vanyum_2018, Vanyum, Vanyum_Star2021, Vitsat-75, Vovov4250, Whizzohead, Wishwishful2021, Womeaq, Xinglong2018, Xingyun_Lucky, Yumseller, Yun169, Yunfm2020, Yuntuo6415, Zzauya9635, 53Ae1F5Fd911396A51A1656A, 5809B6951556B06D868D2A54, 5938F261E81E8A3E0683Dfb9, 5A7B020B9Bda4E392D5E7Bba, 5Bac93Acb38B9F60A24D1432, 5Bbf0097B0D3F96Ac7449Aff, 5D044Fa4B82D8E314D8621D0, 5D3Ed892E13A7E16Fef3Bf7E, 5D53A67D40Defd7641466Be1 and 5D60A6C533F0B47B9F656Cc1 added to case caption. (Bu, Yi) |
NEW PARTIES: 5D60D32A560Eca124063B3F7, 5De76F555D35F90400Bec331, 5E5F55503473451A00Db5E55, 5E5F64Bf4755Cc020625Cf28, 5E718D12Aa163A07C06E36Bb, 5E718E0Bce928C1B419C11Ff, 5E8E83F2052E6E087Cd1D961, 5Ee99D83Dc75330B8084192B, 5Ef64B6F29E7864480251851, 5F59Bf2C2E7F3D01599192A4, 5Fc207091D017826D4570D04, 6045D0272F032F603Fa33766, 607Ccec84Ca008A940D16298, 6177B1Ba83Ac8Cfe6Ff25027 and Batteryer added to case caption. (Bu, Yi) |
NEW PARTIES: Eztrade2World, Fantai_8866, Findbig, First-Battery, Forward-Sell, Fotf9649, Gardenlife1, Genuineprotection, Goodebuying, Goodjob_2020, Grenstonly, Happydeal-Mall, Happyworkak, Heat_Electrical, Hffytek, Hinorthocean5, Hiphpower2020, Homelink20, Honesty2022, Huatangzhu, Huatangzi, Huifeng_Forever, Iler-4517, Isave, Itistool, Jeremiagorciu_0, Jiraphiboont_0, Joinly, Jonyly, Justintimegifts, King-Dysontec, Leaderwolf06, Lixiangshenghuo522, Lt-Daydayup, Mad_Akku, Memory1900World, Moonboat017, Mopow8, Mryangfan888, Mudatech, Niepan_Hot, Hasas_83, New2021Shop, Nstraders, Octoder, Oepartsmaster9, Onfine0183, Onfine2016, Only1-Power, Oolongly5, Optimisticplan7, Out_Of_World, Ownfordyson, Paweboon_0, Pejoy1239, Power_Mart_Sydney, Power_Storm, Powerad_63, Powerbatterydeal and Powerstation1 added to case caption. (Bu, Yi) |
NEW PARTIES: Lumsingdirect, Mingchuanghui, Heriskeer, Jialitt, Glk-Shop, Gatcepot, Jyakli, Dasnite Direct, Tai Jing Tech, Tuoxin Direct, Xruokeji, Miady, Wakitt Direct, Dosctt-Us, 2019Nana, 3600Memory, 3C-Dealcity, 828Discounts, Alles_Top168, Allfine2018, Allthebest2021, Allwellfrom2020, Antrobutus, Battery_Shop_Uk, Batteryengineer, Batteryexpert2016, Batterymall2018, Batteryspecialist, Batteryworldmall666, Batteryworldmall888, Berrn3, Bossup2020, Bulewind2018, Cell-Plaza, Changsheng2018, Cheapreeferparts, Comix_0813, Crazybattery1215, Crown_Battery202, Crunchypineapple, Dooobest, Dosctt, Dsanker_Powerbest, Dwavau_51, Eagglewtek, Easyxun_All, Eeptop, Enegitechus, Everyyi_Good and Expertpow added to case caption. (Bu, Yi) |
Filing 28 ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 6/8/2023. Mailed notice. (jj, ) |
Filing 27 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 6/8/2023: (rao, ) |
Filing 26 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction #22 . A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction #22 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. (rao, ) |
Filing 25 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction #22 under advisement and will consider the motion unopposed if no defendant appears and objects by 6/7/2023. Plaintiff shall serve defendants with this notice. (rao, ) |
Filing 24 SUMMONS Returned Executed by Stanley Black & Decker, Inc., The Black & Decker Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/23/2023, answer due 6/13/2023. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
Filing 23 MEMORANDUM by Stanley Black & Decker, Inc., The Black & Decker Corporation in support of motion for preliminary injunction #22 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, of Keith A. Vogt's declaration)(Vogt, Keith) |
Filing 22 MOTION by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation for preliminary injunction Plaintiffs' Motion for Entry of a Preliminary Injunction (Vogt, Keith) |
Filing 21 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO #20 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO #17 entered on 5/9/2023 is extended until 6/6/2023. (rao, ) |
Filing 20 MOTION by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation for extension of time of the Temporary Restraining Order (Vogt, Keith) |
Filing 19 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs (Vogt, Keith) |
Filing 18 SURETY BOND in the amount of $10,000 posted by Stanley Black & Decker, Inc., The Black & Decker Corporation (Document Not Scanned.) (lw, ) |
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (emc, ) |
Filing 17 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 5/9/2023 (td, ) |
Filing 16 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal #11 , for electronic service of process, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 13 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 genuinely intends to 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. Plaintiff's motion for leave to file excess pages #12 is also granted. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. Mailed notice (smm) |
Filing 15 EXHIBIT 2 TO THE DECLARATION by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation Sealed Exhibit 2, Declaration of Adan Ayala regarding memorandum in support of motion, #14 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3, #4 Exhibit 2-4, #5 Exhibit 2-5, #6 Exhibit 2-6, #7 Exhibit 2-7, #8 Exhibit 2-8, #9 Exhibit 2-9, #10 Exhibit 2-10)(Vogt, Keith) Modified on 6/14/2023 (jh, ). |
Filing 14 MEMORANDUM in support of 13 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, of Keith A. Vogt's declaration, #3 Declaration of Adan Ayala, #4 Exhibit 1, of Adan Ayala's declaration)(Vogt, Keith) |
Filing 12 MOTION by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation for leave to file excess pages (Vogt, Keith) |
Filing 11 MOTION by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation for leave to file under seal (Vogt, Keith) |
Filing 10 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jk2, ) |
Filing 9 MAILED trademark report to Patent Trademark Office, Alexandria VA (jk2, ) |
Filing 8 ATTORNEY Appearance for Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
Filing 7 ATTORNEY Appearance for Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation by Adam Grodman (Grodman, Adam) |
Filing 6 ATTORNEY Appearance for Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation by Yi Bu (Bu, Yi) |
Filing 5 ATTORNEY Appearance for Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation by Yanling Jiang (Jiang, Yanling) |
Filing 4 ATTORNEY Appearance for Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation by Keith A. Vogt (Vogt, Keith) |
Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
Filing 2 SCHEDULE A by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation Schedule A to Complaint (1). (Vogt, Keith) Modified on 6/14/2023 (jh, ). |
Filing 1 COMPLAINT filed by Stanley Black & Decker, Inc., The Black & Decker Corporation; Filing fee $ 402, receipt number AILNDC-20606798. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
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 Martha M. Pacold. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (jb, ) |
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