General Motors LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A
General Motors LLC |
The Partnerships and Unincorporated Associations Identified on Schedule A, Day Design Store, gkul Store, good wall sign 00001 Store, GUANGZHI Store, NiuBuNiu LN Store, qingxiudedian Store, A2GNKMFCTNJCYK, A2Y906V1NSOEXO, AECHOO, BaiYAN, biqunmaoyishanghang, Brofit, caiwenchaocaiwenchao, chengduwuzizhanyuwangluokejiyouxiangongsi, ChenJiaHaostore, chenjiajiags, CUYAHCUYAH, DGJHHGDF, FANHAY, feiyuxinxinxijishu, fengshendu, guangzhoushihuajimaoyiyouxiangongsi, guangzhoushijianruidianzishangwuyouxiangongsi, guanyunxianlvjunmingriyongbaihuoxiaoshoudian, gui zhou xu rui ke ji you xian gong si, HouJiangPengHouJiangPeng, huizhengfeng, HYL8888, Jackna-chenna259, juice-guozhi, JumpMonkey, KomitasuiDirect, LANLUO, LiaoYiJingShopp, Lin Living, lixinqiwushangmaoyouxiangongsi, Luciaina us, maliposhushangpindianzishangwuyouxiangongsi, Megal's Department Store, NBeeDIY, PBuild, PUHOODIE, qujingtaoyingshangmaoyouxiangongsi, qujingwangleidianzishangwuyouxiangongsi, ranyuekeji, RichYoo, SENSENAVtan, shanglinshangmao, shengzongyun, Sheridanxcv, ShiHo, sjqouzhou, Tathagatas, UniMuze, wanzaixianlaohaobaihuodian, weifangsiqishangmaoyouxianzerengongsi, Wu-chao284, wuzhishanshizhengchuowangshangmaoyouxiangongsi, Xianxingdayaoxinmaoyiyouxiangongsi, XiaoShun, xiaotingzi, xixixiaj, XxCcKang, Yunyang trade, ZhangShuTaoDFSLMCXVLKS, ZhangXinRuzxr, auto_best-12, auto_parts_01, coke_auto, colorrain7, djz-3981, ewvbglea_0, fesizo38, hany_part, hapi_parts, houghu, hujiang1992, kiw_auto, laserman1975, obd-shop, oemautopartsgroup, off_road_parts, p1mart, sup_stores, ucq4722, wudongmei, wuhanqiutianzhangsh_0, 101230601, QIYQTIG, 3012newuvn, A XXCB, AIXIAAN, beijin0544, BXL0216dada, caichenxin389568, cenzibaijia, changpanfeng886, chuxiang Store, cnkojdd, cuidiyuelang, Delilyfun Baby's, DJIF.CDIFI.FJ, duanzhi3273, FEEEE6665, feiyuegudu, Feneryin pants, fengkai9864, Fengyiyuany, Gary Anne, Gelouery Schoolbags, goumingxun Store, gtgyrt, gujiaokn, haoyudie0957, hehuihan Store, hgfhgdrghcj, houxianhong9327, huangjiuwang33969, huangli54728, huimengkui9721, humeilinsa, jiangyongming50447, jiaxiuyun6666, kaihekiaghe520, KLT197228CGFGS, lilixinlong, limeifeng23387, liruiyang4521, lishuying888, liuxiaodong5771, liuyixun65850, lixiying3793, liyun1314, lizhiww, lu shan228, luhao4872, Mister Bedding, Pafiwmq52a, PeiFang0., pengchang Store, qJJ19850216, RRR6R6R, Samantha Pouncy, shichengzhuo Store, shuangzifengchu, songdianpu, songhongwei62130, SunYuanQiang, tianlizong Store, tongdalitian0003, vrfgfb, wangchong Store me, wanghaiyuen, wangshangbimg, wangzixing Store, wenjie057, xianghui Store, xjkfofHk63d, Xueboseb, yangwenxun, YaoHaiJia, YIN-SHUD.VHUV, yuexiuxin5620, zhangjunling9330, zhangleig, zhangleild, zhangwei57059, zhANGXIAOJINGG, zhangxkl, zhangyanerer, zhangyuxin22 and zhengping Store me |
1:2023cv02877 |
May 8, 2023 |
US District Court for the Northern District of Illinois |
Lindsay C Jenkins |
Trademark |
15 U.S.C. § 1114 Trademark Infringement |
None |
Docket Report
This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 36 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #35 (Attachments: #1 Exhibit 1)(Christensen, Jake) |
Filing 35 MEMORANDUM by General Motors LLC in support of motion for entry of default, motion for default judgment #34 (Attachments: #1 Exhibit 1)(Christensen, Jake) |
Filing 34 MOTION by Plaintiff General Motors LLC for entry of default , MOTION by Plaintiff General Motors LLC for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Christensen, Jake) |
Filing 33 NOTICE of Voluntary Dismissal by General Motors LLC as to Certain Defendants (Christensen, Jake) |
NEW PARTIES: Day Design Store, gkul Store, good wall sign 00001 Store, GUANGZHI Store, NiuBuNiu LN Store, qingxiudedian Store, A2GNKMFCTNJCYK, A2Y906V1NSOEXO, AECHOO, BaiYAN, biqunmaoyishanghang, Brofit, caiwenchaocaiwenchao, chengduwuzizhanyuwangluokejiyouxiangongsi, ChenJiaHaostore, chenjiajiags, CUYAHCUYAH, DGJHHGDF, FANHAY, feiyuxinxinxijishu, fengshendu, guangzhoushihuajimaoyiyouxiangongsi, guangzhoushijianruidianzishangwuyouxiangongsi, guanyunxianlvjunmingriyongbaihuoxiaoshoudian, gui zhou xu rui ke ji you xian gong si, HouJiangPengHouJiangPeng, huizhengfeng, HYL8888, Jackna-chenna259, juice-guozhi, JumpMonkey, KomitasuiDirect, LANLUO, LiaoYiJingShopp, Lin Living, lixinqiwushangmaoyouxiangongsi, Luciaina us, maliposhushangpindianzishangwuyouxiangongsi, Megal's Department Store, NBeeDIY, PBuild, PUHOODIE, qujingtaoyingshangmaoyouxiangongsi, qujingwangleidianzishangwuyouxiangongsi, ranyuekeji, RichYoo, SENSENAVtan, shanglinshangmao, shengzongyun, Sheridanxcv, ShiHo, sjqouzhou, Tathagatas, UniMuze, wanzaixianlaohaobaihuodian, weifangsiqishangmaoyouxianzerengongsi, Wu-chao284, wuzhishanshizhengchuowangshangmaoyouxiangongsi, Xianxingdayaoxinmaoyiyouxiangongsi, XiaoShun, xiaotingzi, xixixiaj, XxCcKang, Yunyang trade, ZhangShuTaoDFSLMCXVLKS, ZhangXinRuzxr, auto_best-12, auto_parts_01, coke_auto, colorrain7, djz-3981, ewvbglea_0, fesizo38, hany_part, hapi_parts, houghu, hujiang1992, kiw_auto, laserman1975, obd-shop, oemautopartsgroup, off_road_parts, p1mart, sup_stores, ucq4722, wudongmei, wuhanqiutianzhangsh_0, 101230601, QIYQTIG, 3012newuvn, A XXCB, AIXIAAN, beijin0544, BXL0216dada, caichenxin389568, cenzibaijia, changpanfeng886, chuxiang Store, cnkojdd, cuidiyuelang, Delilyfun Baby's, DJIF.CDIFI.FJ, duanzhi3273, FEEEE6665, feiyuegudu, Feneryin pants, fengkai9864, Fengyiyuany, Gary Anne, Gelouery Schoolbags, goumingxun Store, gtgyrt, gujiaokn, haoyudie0957, hehuihan Store, hgfhgdrghcj, houxianhong9327, huangjiuwang33969, huangli54728, huimengkui9721, humeilinsa, jiangyongming50447, jiaxiuyun6666, kaihekiaghe520, KLT197228CGFGS, lilixinlong, limeifeng23387, liruiyang4521, lishuying888, liuxiaodong5771, liuyixun65850, lixiying3793, liyun1314, lizhiww, lu shan228, luhao4872, Mister Bedding, Pafiwmq52a, PeiFang0., pengchang Store, qJJ19850216, RRR6R6R, Samantha Pouncy, shichengzhuo Store, shuangzifengchu, songdianpu, songhongwei62130, SunYuanQiang, tianlizong Store, tongdalitian0003, vrfgfb, wangchong Store me, wanghaiyuen, wangshangbimg, wangzixing Store, wenjie057, xianghui Store, xjkfofHk63d, Xueboseb, yangwenxun, YaoHaiJia, YIN-SHUD.VHUV, yuexiuxin5620, zhangjunling9330, zhangleig, zhangleild, zhangwei57059, zhANGXIAOJINGG, zhangxkl, zhangyanerer, zhangyuxin22 and zhengping Store me added to case caption. (Ziegler, Amy) |
Filing 32 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 6/20/2023. Mailed notice. (jlj, ) |
Filing 31 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction #26 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 #30 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 shall unseal any documents that are sealed. The Law Firm of Greer, Burns & Crain, 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, ) |
Filing 30 CERTIFICATE of Service by Plaintiff General Motors LLC per #29 (Attachments: #1 Exhibit A)(Christensen, Jake) |
Filing 29 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion #26 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining 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 June 16, 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, 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 28 SUMMONS Returned Executed by General Motors LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/8/2023, answer due 6/29/2023. (Attachments: #1 Declaration of Rachel S. Miller, #2 Exhibit A)(Miller, Rachel) |
Filing 27 MEMORANDUM by General Motors LLC in support of motion for preliminary injunction #26 (Attachments: #1 Declaration of Jake M. Christensen, #2 Exhibit 1)(Christensen, Jake) |
Filing 26 MOTION by Plaintiff General Motors LLC for preliminary injunction (Attachments: #1 Exhibit A)(Christensen, Jake) |
Filing 25 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO by 14 days #22 is granted. The TRO is extended to June 13, 2023. Mailed notice. (jlj, ) |
Filing 23 MEMORANDUM by General Motors LLC in support of extension of time #22 (Attachments: #1 Declaration of Jake M. Christensen)(Christensen, Jake) |
Filing 22 MOTION by Plaintiff General Motors LLC for extension of time of Temporary Restraining Order (Christensen, Jake) |
Filing 24 INJUNCTION BOND in the amount of $ 10,000 posted by General Motors LLC (Document not scanned) (rp, ) |
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (smb, ) |
Filing 21 TRO Signed by the Honorable Lindsay C. Jenkins on 5/16/2023: Plaintiff's motion for leave to file under seal #3 , ex parte motion for a temporary restraining order #13 , and motion for electronic service of process #18 are granted. 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 #2 , #17 . 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, ) Modified on 6/21/2023 (jk2, ). |
Filing 20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #19 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
Filing 19 MEMORANDUM by General Motors LLC in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
Filing 18 MOTION by Plaintiff General Motors LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
Filing 17 EXHIBITS by Plaintiff General Motors LLC Exhibit 2 - Parts 1 - 5 regarding declaration #16 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3, #4 Exhibit 2-4, #5 Exhibit 2-5)(Gaudio, Justin) Modified on 6/21/2023 (jk2, ). |
Filing 16 DECLARATION of Andrea Ankawi regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
Filing 15 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
Filing 14 MEMORANDUM by General Motors LLC in support of motion for temporary restraining order #13 (Gaudio, Justin) |
Filing 13 MOTION by Plaintiff General Motors LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jk2, ) |
Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA. (jk2, ) |
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. (smb, ) |
CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (smb, ) |
Filing 10 ATTORNEY Appearance for Plaintiff General Motors LLC by Rachel S Miller (Miller, Rachel) |
Filing 9 ATTORNEY Appearance for Plaintiff General Motors LLC by Jake Michael Christensen (Christensen, Jake) |
Filing 8 ATTORNEY Appearance for Plaintiff General Motors LLC by Amy Crout Ziegler (Ziegler, Amy) |
Filing 7 ATTORNEY Appearance for Plaintiff General Motors LLC by Justin R. Gaudio (Gaudio, Justin) |
Filing 6 Notice of Claims Involving Trademarks by General Motors LLC (Gaudio, Justin) |
Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Motors LLC (Gaudio, Justin) |
Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
Filing 3 MOTION by Plaintiff General Motors LLC for leave to file under seal (Gaudio, Justin) |
Filing 2 EXHIBIT by Plaintiff General Motors LLC Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 6/21/2023 (jk2, ). |
Filing 1 COMPLAINT filed by General Motors LLC; Filing fee $ 402, receipt number AILNDC-20615896. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.