Pit Viper, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Pit Viper, LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Jiangxi Success Optical Glasses Co., Ltd., Linhai Kailong Optical Glasses Co., Ltd., Wenzhou Guarken Eyewear Co., Ltd., Wenzhou Kenbo Imp. & Exp. Co., Ltd., Xinji Changlin Musa Trading Co., Ltd., Yingtan Mingzheng Trading Co., Ltd., Yiwu Leishe Glasses Co., Ltd., Yiwu Mingyi Trading Co., Ltd., Yiwu Mufeng Trading Co., Ltd., Yiwu Qibei Import And Export Co., Ltd., Yiwu Yanxin Electronic Commerce Co., Ltd., Yiwu Yishan Trading Co., Ltd., Zhejiang Jiada Trade Co., Ltd., Zhejiang Jialiang Optical Glasses Co., Ltd., AOZE GLASSES Store, Auto Motorcycle Accessories Selection Store, Bettles Store, BrightZone Exclusive Store, Color Life Optical Store, GOD ME Store, Knight Family Store, LOISRUBY Brand Store Store, NingDing Store, NODARE Dropshipping Store, PIT VIPER SUNGLASSES Store, PITVIPERGLASSES Store, pleasure world Store, QUISVIKER CYCLING Store, QUISVIKER-GQ Store, Rainbow Glasses Store, RUBY SPORTS Store, SAFE TRAIL Sports Store, Shop1102825154 Store, Shop4999171 Store, Shop5795189 Store, Shop912625833 Store, South ding Store, TKLK Store, Top Quality Cycling Store, Tsang Official Store, VAGHOZZ Sunglasses Store, Xundakang Glasses Factory Store, YUMOON GLASSES Store, A17U3JZ47T8BGI, A19F9WM4BVVAR8, A2GM5HCOCXV76V, A2Y41OGQ6MDMYP, A6S0SK92YPBF6, ACURE SPORTS, ALLSENTIK-US, ALSUZYIOT, amzannam, AMZ-FMY, anqinglibing, anxichenyan, ASZ1XYROJYEK5, ATTCL-USA, Beswarmy-US, Bhigh, Biboli, BOLLFO Direct, BOWILL STORE, BoxtoHeart, chengduzhifeiroudianzishangwuyouxiangongsi, chenshuangdedian, CHNLML, CTOSTM, damai1234, dengguangyishop, Douide, DUXAA-US, ECAVUIPOM US, EternalCrystal, fadflw shop, fei mao lv, FireRabbit, FJOAIAN, Fownostore, G2RISE, Glei5789, good deal 8888, guangzhoufenglongmaoyiyouxiangongsi, guangzhoushuangnieshangmaoyouxiangongsi, gulanmin, haikoushangweidianzishangwuyouxiangongsi, HandReedDirect, hefeinuojixiqueshangmao, huangjianxiong1, Hzpohyz, IGHome, i-Gof, IKTOD, ITSCOOL, Jdzeyukk US (7-14 Days Delivery), JIASHUXIA, JiegoVision, jingtu sports, jiujiangqianglitangshangmaoyouxian, JUNDINGYUN, Karsaer Vision, KOVDICA.US.Store, Laurinny, lhui-com, Licputalch, linyishiqianqizhuangshangmaoyouxiangongsi, Liukuong, Lm kuong, luwanlin-ShippedfromUSA, Madonmay, MALIDAK-US, MARIDA-US, mcgreen, Mgiesg-US, MINGKE-US, Naishi, nanchanghoujiashangmaoyouxiangongsi869, NICBOOY-US, Novoto USA, NUBYGXAS-US, S Store, PSATCL outdoor shop and SABSAN STORE |
| 1:2023cv03609 |
| June 7, 2023 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Document Text |
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| Filing 55 MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion by defendants IKTOD, MALIDAK-US, MARIDA-US, NICBOOY-US, Novoto USA, Wenzhou Guarken Eyewear Co., Ltd., and fadflw shop for extension for extension of time #54 is granted; due date for response to complaint is extended to 8/24/2023. (mk) |
| Filing 54 MOTION by Defendants IKTOD, MALIDAK-US, MARIDA-US, NICBOOY-US, Novoto USA, Wenzhou Guarken Eyewear Co., Ltd., fadflw shop for extension of time UNOPPOSED (Urbanczyk, Adam) |
| Filing 53 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 8/3/2023. Defendant is directed to serve written responses to plaintiff's counsel regarding the discovery requests by 8/8/2023. Case remains set for a telephonic status hearing on 8/23/2023 #45 . Mailed notice. (mma, ) |
| Filing 52 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants (Miller, Rachel) |
| Filing 51 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Jake Michael Christensen (Christensen, Jake) |
| Filing 50 DECLARATION of of Jiyuan Zhang regarding response in opposition to motion #49 (Attachments: #1 Exhibit 1. P's Document Demand, #2 Exhibit 2. P's Interrogatories, #3 Exhibit 3. Order)(Zhang, Jiyuan) |
| Filing 49 RESPONSE by Karsaer Visionin Opposition to MOTION by Plaintiff Pit Viper, LLC for sanctions pursuant to Rule 37 of the Federal Rules of Civil Procedure #43 (Zhang, Jiyuan) |
| Filing 48 RESPONSE by Pit Viper, LLC to First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Karsaer Vision to Plaintiff's Complaint [Dkt #1] #32 (Miller, Rachel) |
| Filing 47 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for sanctions or to stay briefing on motion to dismiss #43 is set for a telephonic hearing on 8/3/2023 at 9:10 AM, using call-in number 888-684-8852, access code 746-1053. If defendant Karsaer Vision wishes to file a written response to the motion, it must do so by no later than 12:00 noon Central Time on 8/2/2023. (mk) |
| Filing 46 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants (Miller, Rachel) |
| Filing 45 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed plaintiff's status report. The telephonic status hearing set for 7/31/2023 is vacated and reset to 8/23/2023 at 9:05 a.m. A joint status report is to be filed on 8/16/2023. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053. (mk) |
| Filing 44 DECLARATION of Rachel S. Miller regarding motion for sanctions #43 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Miller, Rachel) |
| Filing 43 MOTION by Plaintiff Pit Viper, LLC for sanctions pursuant to Rule 37 of the Federal Rules of Civil Procedure (Miller, Rachel) |
| Filing 42 STATUS Report per #28 by Pit Viper, LLC (Attachments: #1 Exhibit A)(Talhami, Trevor) |
| Filing 41 SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/24/2023, answer due 8/14/2023. (Attachments: #1 Declaration of Trevor C. Talhami, #2 Exhibit A)(Talhami, Trevor) |
| Filing 40 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants (Miller, Rachel) |
| Filing 39 MINUTE entry before the Honorable Matthew F. Kennelly: The unopposed motions by defendants IKTOD #36 and MALIDAK-US, MARIDA-US, NICBOOY-US, Novoto USA, Wenzhou Guarken Eyewear Co., Ltd., fadflw shop #38 for extension of time are granted; responses to complaint are to be filed by 8/3/2023. (mk) |
| Filing 38 MOTION by Defendants MALIDAK-US, MARIDA-US, NICBOOY-US, Novoto USA, Wenzhou Guarken Eyewear Co., Ltd., fadflw shop for extension of time UNOPPOSED (Urbanczyk, Adam) |
| Filing 37 ATTORNEY Appearance for Defendants MALIDAK-US, MARIDA-US, NICBOOY-US, Novoto USA, Wenzhou Guarken Eyewear Co., Ltd., fadflw shop by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 36 MOTION by Defendant IKTOD for extension of time UNOPPOSED (Urbanczyk, Adam) |
| Filing 35 ATTORNEY Appearance for Defendant IKTOD by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 34 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants (Miller, Rachel) |
| Filing 33 MINUTE entry before the Honorable Matthew F. Kennelly: Response to defendant Karsaer Vision's motion to dismiss #32 is to be filed by 7/28/2023. Reply to response is to be filed by 8/7/2023. (mk) |
| Filing 32 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Karsaer Vision to Plaintiff's Complaint [Dkt #1] (Zhang, Jiyuan) |
| Filing 31 ATTORNEY Appearance for Defendant Karsaer Vision by Jiyuan Zhang (Zhang, Jiyuan) |
| Filing 30 ATTORNEY Appearance for Defendants BOLLFO Direct, BOWILL STORE, PSATCL outdoor shop, SABSAN STORE by Timothy Tiewei Wang (Wang, Timothy) |
| Filing 29 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendant (Miller, Rachel) |
| Filing 28 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic preliminary injunction hearing held on 6/28/2023. Case is set for a telephonic status hearing on 7/31/2023 at 9:05 a.m. Plaintiff is directed to file a status report on 7/24/2023. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053. 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. (mma, ) |
| NEW PARTIES: Jiangxi Success Optical Glasses Co., Ltd., Linhai Kailong Optical Glasses Co., Ltd., Wenzhou Guarken Eyewear Co., Ltd., Wenzhou Kenbo Imp. & Exp. Co., Ltd., Xinji Changlin Musa Trading Co., Ltd., Yingtan Mingzheng Trading Co., Ltd., Yiwu Leishe Glasses Co., Ltd., Yiwu Mingyi Trading Co., Ltd., Yiwu Mufeng Trading Co., Ltd., Yiwu Qibei Import And Export Co., Ltd., Yiwu Yanxin Electronic Commerce Co., Ltd., Yiwu Yishan Trading Co., Ltd., Zhejiang Jiada Trade Co., Ltd., Zhejiang Jialiang Optical Glasses Co., Ltd., AOZE GLASSES Store, Auto Motorcycle Accessories Selection Store, Bettles Store, BrightZone Exclusive Store, Color Life Optical Store, GOD ME Store, Knight Family Store, LOISRUBY Brand Store Store, NingDing Store, NODARE Dropshipping Store, PIT VIPER SUNGLASSES Store, PITVIPERGLASSES Store, pleasure world Store, QUISVIKER CYCLING Store, QUISVIKER-GQ Store, Rainbow Glasses Store, RUBY SPORTS Store, SAFE TRAIL Sports Store, Shop1102825154 Store, Shop4999171 Store, Shop5795189 Store, Shop912625833 Store, South ding Store, TKLK Store, Top Quality Cycling Store, Tsang Official Store, VAGHOZZ Sunglasses Store, Xundakang Glasses Factory Store, YUMOON GLASSES Store, A17U3JZ47T8BGI, A19F9WM4BVVAR8, A2GM5HCOCXV76V, A2Y41OGQ6MDMYP, A6S0SK92YPBF6, ACURE SPORTS, ALLSENTIK-US, ALSUZYIOT, amzannam, AMZ-FMY, anqinglibing, anxichenyan, ASZ1XYROJYEK5, ATTCL-USA, Beswarmy-US, Bhigh, Biboli, BOLLFO Direct, BOWILL STORE, BoxtoHeart, chengduzhifeiroudianzishangwuyouxiangongsi, chenshuangdedian, CHNLML, CTOSTM, damai1234, dengguangyishop, Douide, DUXAA-US, ECAVUIPOM US, EternalCrystal, fadflw shop, fei mao lv, FireRabbit, FJOAIAN, Fownostore, G2RISE, Glei5789, good deal 8888, guangzhoufenglongmaoyiyouxiangongsi, guangzhoushuangnieshangmaoyouxiangongsi, gulanmin, haikoushangweidianzishangwuyouxiangongsi, HandReedDirect, hefeinuojixiqueshangmao, huangjianxiong1, Hzpohyz, IGHome, i-Gof, IKTOD, ITSCOOL, Jdzeyukk US (7-14 Days Delivery), JIASHUXIA, JiegoVision, jingtu sports, jiujiangqianglitangshangmaoyouxian, JUNDINGYUN, Karsaer Vision, KOVDICA.US.Store, Laurinny, lhui-com, Licputalch, linyishiqianqizhuangshangmaoyouxiangongsi, Liukuong, Lm kuong, luwanlin-ShippedfromUSA, Madonmay, MALIDAK-US, MARIDA-US, mcgreen, Mgiesg-US, MINGKE-US, Naishi, nanchanghoujiashangmaoyouxiangongsi869, NICBOOY-US, Novoto USA, NUBYGXAS-US and S Store added to case caption. (Miller, Rachel) |
| Filing 27 PRELIMINARY INJUNCTION ORDER AS TO DEFENDANTS 45 THROUGH 120 Ssgned by the Honorable Matthew F. Kennelly on 6/24/2023: Motion for preliminary injunction as to defendants 45 through 120 #24 is granted. Telephonic hearing set for 6/28/2023 remains in place to address the remaining defendants. (mk) |
| Filing 26 SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/23/2023, answer due 7/14/2023. (Attachments: #1 Declaration of Trevor C. Talhami, #2 Exhibit A)(Talhami, Trevor) |
| Filing 25 MEMORANDUM by Pit Viper, LLC in support of motion for preliminary injunction #24 (Attachments: #1 Exhibit of Rachel S. Miller, #2 Exhibit 1)(Miller, Rachel) |
| Filing 24 MOTION by Plaintiff Pit Viper, LLC for preliminary injunction as to Certain Defendants (Attachments: #1 Exhibit A)(Miller, Rachel) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (axk, ) |
| Filing 23 SURETY BOND in the amount of $ 10,000 posted by Pit Viper, LLC. (Document not scanned.) (lw, ) |
| Filing 22 SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 6/14/2023. (mma, ) |
| Filing 21 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to file under seal #3 and motion for electronic service of process #18 are granted. Plaintiff's motion for entry of an ex parte temporary restraining order (etc.) #13 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 6/28/2023 at 8:55 AM. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053. Any motion to extend the TRO or motion for preliminary injunction must be filed by no later than 6/23/2023. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. Mailed notice. (mma, ) |
| 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 Pit Viper, LLC in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Pit Viper, LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 SEALED EXHIBIT by Plaintiff Pit Viper, LLC Exhibit 2 - Parts 1 - 4 regarding declaration #16 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3, #4 Exhibit 2-4)(Gaudio, Justin) |
| Filing 16 DECLARATION of Vance Lommen 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 Pit Viper, LLC in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Pit Viper, 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. (ph, ) |
| Filing 11 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (Attachments: #1 (List of Trademarks Ex. 1)) (ph, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Trevor Christian Talhami (Talhami, Trevor) |
| Filing 9 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Rachel S Miller (Miller, Rachel) |
| Filing 8 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Pit Viper, LLC (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pit Viper, LLC (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Pit Viper, LLC for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Pit Viper, LLC Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Pit Viper, LLC; Filing fee $ 402, receipt number AILNDC-20715035. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| 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 Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (smb, ) |
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