Paddington & Company Ltd. v. The Partnerships and Unincorporated Associations Identified On Schedule A
| Paddington & Company Ltd. |
| The Partnerships and Unincorporated Associations Identified On Schedule A, wabl Store, 812919634 Store, 8881314 Store, alibabi Store, CC-C New World Store, CoolToys Store, E-DROPSHIPPING STORE, Floret Forest Official Store, Good-Dropshipping Store, Hoocid Store, Mother&Baby Supplies Store, Novelty Anime Store, Prettyplus+ Store, Shop1102119253 Store, Shop1102251116 Store, Shop111888118 Store, Shop111888168 Store, Shop3867028 Store, Shop5052113 Store, Shop5368326 Store, Shop5617267 Store, Spielzeug Store, Step model Store, Vena Trading Co, Store, Whitebeard' Store, 2188210990735199, chenchunlan, chushi Preferred, CNBCNEE, foshanshiyuejiehuishangmaoyouxiangongsi, Hainan Elon Technology, huynhhoanganvip, kaili-us, ledonghanpeishangmaoyouxiangongsi, LUSONYA, SJENERT, SLLS-US, XXX art poster, Yafeilasi Store, YCRYBH, YMHI US, A6KFRMK0V9H7Z, jo4mer61, precious765, a_sleepy_cat, Beautifulwomen2012, chzayuan, classicaltoy, cvwdawf, dinansa_toy_house, hefeichuoweidianzis_0, ho4mebo_5, huddoshop, janum23, jiekebetter, kylebuy, lazhexia56, magnificent_figure, muhaom62, nicholess, please.check.myprofile, quanzhengdian, shehadissanayak-8, shenzhen5, tongyu01, toy-xi, whitedew07, wonderlife_mall, xuyongxiang, yanjoy, diamondartkitsstore, OoxxGB, WildatheartArtShop, Miki De Goodaboom, Decomia Home, Joshua Daniel Whittaker, SpotSound, everydayedeals, geekpark, ParcelUp, Sheshow, Glenn Johnson, deadcwtchy, ILYAS, PochiArt, GQING Co.Itd, PeiNaoShang Co. ltd, shenzhenshichuanyedianzishangwuyouxiangongsi, TYMI Co,Ltd, Well Made Gifts, Ytang Co.Itd, dekongyibw, Freeman Diamond Painting1, galeriasnack, liuxiaofeishop, lixu7438, TOP Full Diy Daimond Painting, zxlaksjdhaius and Bruno Goncalves |
| 1:2023cv03652 |
| June 9, 2023 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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| Document Text |
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| Filing 61 EXHIBIT by Plaintiff Paddington & Company Ltd. Schedule A regarding complaint #1 (Trainor, Martin) |
| Filing 60 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A #59 is granted. Defendant No. 89 shenzhenshichuanyedianzishangwuyouxiangongsi is terminated. Plaintiff is directed to file an amended Schedule A form by 8/9/2023 identifying the remaining defendants. (rao, ) |
| Filing 59 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint (Trainor, Martin) |
| Filing 58 EXHIBIT by Plaintiff Paddington & Company Ltd. Amended Schedule A regarding complaint #1 (Trainor, Martin) |
| Filing 57 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A #55 is granted. Defendant No. 79 geekpark is terminated. Plaintiff is directed to file an amended Schedule A form by 8/2/2023 identifying the remaining defendants. (rao, ) |
| Filing 55 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint (Trainor, Martin) |
| NEW PARTIES: wabl Store, 812919634 Store, 8881314 Store, alibabi Store, CC-C New World Store, CoolToys Store, E-DROPSHIPPING STORE, Floret Forest Official Store, Good-Dropshipping Store, Hoocid Store, Mother&Baby Supplies Store, Novelty Anime Store, Prettyplus+ Store, Shop1102119253 Store, Shop1102251116 Store, Shop111888118 Store, Shop111888168 Store, Shop3867028 Store, Shop5052113 Store, Shop5368326 Store, Shop5617267 Store, Spielzeug Store, Step model Store, Vena Trading Co, Store, Whitebeard' Store, 2188210990735199, chenchunlan, chushi Preferred, CNBCNEE, foshanshiyuejiehuishangmaoyouxiangongsi, Hainan Elon Technology, huynhhoanganvip, kaili-us, ledonghanpeishangmaoyouxiangongsi, LUSONYA, SJENERT, SLLS-US, XXX art poster, Yafeilasi Store, YCRYBH, YMHI US, A6KFRMK0V9H7Z, jo4mer61, precious765, a_sleepy_cat, Beautifulwomen2012, chzayuan, classicaltoy, cvwdawf, dinansa_toy_house, hefeichuoweidianzis_0, ho4mebo_5, huddoshop, janum23, jiekebetter, kylebuy, lazhexia56, magnificent_figure, muhaom62, nicholess, please.check.myprofile, quanzhengdian, shehadissanayak-8, shenzhen5, tongyu01, toy-xi, whitedew07, wonderlife_mall, xuyongxiang, yanjoy, diamondartkitsstore, OoxxGB, WildatheartArtShop, Miki De Goodaboom, Decomia Home, Joshua Daniel Whittaker, SpotSound, everydayedeals, geekpark, ParcelUp, Sheshow, Glenn Johnson, deadcwtchy, ILYAS, PochiArt, GQING Co.Itd, PeiNaoShang Co. ltd, shenzhenshichuanyedianzishangwuyouxiangongsi, TYMI Co,Ltd, Well Made Gifts, Ytang Co.Itd, dekongyibw, Freeman Diamond Painting1, galeriasnack, liuxiaofeishop, lixu7438, TOP Full Diy Daimond Painting, zxlaksjdhaius and Bruno Goncalves added to case caption. Terminating The Partnerships and Unincorporated Associations Identified On Schedule A (Trainor, Martin) |
Filing 56
ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 7/26/2023. Mailed notice. (lw, )
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| Filing 54 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 7/26/2023: (rao, ) |
| Filing 53 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to either motion for preliminary injunction #37 ; #40 . The preliminary injunctions are appropriate for the same reasons a TRO was granted, and are unopposed. Plaintiff's motions for preliminary injunction #37 , #40 are granted. Enter Preliminary Injunctions. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 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 52 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to submit, by 7/26/2023, a proposed combined preliminary injunction order to the Proposed Order Box for the court's review, Proposed_Order_Pacold@ilnd.uscourts.gov. The proposed preliminary injunction order should address both motions for preliminary injunction ( #37 ; #40 ). (rao, ) |
| Filing 51 EXHIBIT by Plaintiff Paddington & Company Ltd. Amended Schedule A regarding complaint #1 (Trainor, Martin) |
| Filing 50 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A #49 is granted. Defendants No. 49 cvwdawf and No. 80 ParcelUp are terminated. Plaintiff is directed to file an amended Schedule A form by 7/25/2023 identifying the remaining defendants. (rao, ) |
| Filing 49 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint (Trainor, Martin) |
| Filing 48 EXHIBIT by Plaintiff Paddington & Company Ltd. Amended Schedule A regarding complaint #1 (Fenton, Sydney) |
| Filing 47 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A #45 is granted. Defendants No. 32 huynhhoanganvip; No. 34 ledonghanpeishangmaoyouxiangongsi; No. 35 LUSONYA; No. 36 SJENERT; and No. 78 everydayedeals are terminated. Plaintiff is directed to file an amended Schedule A form by 7/18/2023 identifying the remaining defendants. (rao, ) |
| Filing 46 CERTIFICATE of Service by Sydney Paige Fenton on behalf of Paddington & Company Ltd. (Attachments: #1 Exhibit A)(Fenton, Sydney) |
| Filing 45 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint (Trainor, Martin) |
| Filing 44 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction #40 under advisement and will consider the motion unopposed if no defendant appears and objects by 7/20/2023. Plaintiff shall serve defendants with this notice. (rao, ) |
| Filing 43 CERTIFICATE of Service by Sydney Paige Fenton on behalf of Paddington & Company Ltd. (Attachments: #1 Exhibit A)(Fenton, Sydney) |
| Filing 42 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction #37 under advisement and will consider the motion unopposed if no defendant appears and objects by 7/18/2023. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's orders entering and extending the TRO, as well as in plaintiff's earlier motion #20 to extend the TRO, the TRO is further extended to and including the date on which 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. Plaintiff's motion to extend the TRO #34 is therefore granted to the extent it is consistent with this order. (rao, ) |
| Filing 41 MEMORANDUM by Paddington & Company Ltd. in support of motion for preliminary injunction #40 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 40 MOTION by Plaintiff Paddington & Company Ltd. for preliminary injunction as to certain Defendants (Attachments: #1 Exhibit A)(Trainor, Martin) |
| Filing 39 SUMMONS Returned Executed by Paddington & Company Ltd. as to The Partnerships and Unincorporated Associations Identified On Schedule A on 7/11/2023, answer due 8/1/2023. (Attachments: #1 Declaration of Sydney Fenton, #2 Exhibit A)(Fenton, Sydney) |
| Filing 38 MEMORANDUM by Paddington & Company Ltd. in support of motion for preliminary injunction #37 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 37 MOTION by Plaintiff Paddington & Company Ltd. for preliminary injunction as to certain Defendants (Attachments: #1 Exhibit A)(Trainor, Martin) |
| Filing 36 SUMMONS Returned Executed by Paddington & Company Ltd. as to The Partnerships and Unincorporated Associations Identified On Schedule A on 7/10/2023, answer due 7/31/2023. (Attachments: #1 Declaration of Sydney Fenton, #2 Exhibit A)(Trainor, Martin) |
| Filing 35 MEMORANDUM by Paddington & Company Ltd. in support of motion for miscellaneous relief #34 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 34 MOTION by Plaintiff Paddington & Company Ltd. to Extend the Temporary Restraining Order as to Certain Defendants (Trainor, Martin) |
| Filing 33 SEALED EXHIBIT by Plaintiff Paddington & Company Ltd. Amended Schedule A regarding complaint #1 (Trainor, Martin) |
| Filing 32 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A #31 is granted. Defendants No. 44 precious765; No. 51 hefeichuoweidianzis_0; No. 58 magnificent_figure; No. 64 shenzhen5; No. 65 tongyu01; and No. 66 toy-xi are terminated. Plaintiff is directed to file an amended Schedule A form by 7/12/2023 identifying the remaining defendants. (rao, ) |
| Filing 31 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint (Trainor, Martin) |
| Filing 30 SEALED EXHIBIT by Plaintiff Paddington & Company Ltd. Amended Schedule A regarding complaint #1 (Trainor, Martin) |
| Filing 29 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A #28 is granted. Defendants No. 45 a_sleepy_cat and No. 46 Beautifulwomen2012 are terminated. Plaintiff is directed to file an amended Schedule A form by 7/6/2023 identifying the remaining defendants. (rao, ) |
| Filing 28 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint (Trainor, Martin) |
| Filing 27 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A #24 is granted. Defendants No. 73 WildatheartArtShop and No. 91 Well Made Gifts are terminated. Plaintiff is directed to file an amended Schedule A form by 7/6/2023 identifying the remaining defendants. (rao, ) |
| Filing 26 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal #22 , which seeks to voluntarily dismiss Defendant No. 91 Well Made Gifts under Rule 41(a)(1). But 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 removing Defendant No. 91 Well Made Gifts 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 6/30/2023 identifying the remaining defendants. (rao, ) |
| Filing 25 SEALED EXHIBIT by Plaintiff Paddington & Company Ltd. Amended Schedule A regarding MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint Instanter #24 (Trainor, Martin) |
| Filing 24 MOTION by Plaintiff Paddington & Company Ltd. to amend/correct Schedule A to the Complaint Instanter (Trainor, Martin) |
| Filing 23 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 an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO #18 entered on 6/14/2023 is extended until 7/12/2023. (rao, ) |
| Filing 22 NOTICE of Voluntary Dismissal by Paddington & Company Ltd. as to a certain Defendant (Trainor, Martin) |
| Filing 21 MEMORANDUM by Paddington & Company Ltd. in support of motion for miscellaneous relief #20 (Attachments: #1 Declaration of Martin F. Trainor)(Trainor, Martin) |
| Filing 20 MOTION by Plaintiff Paddington & Company Ltd. to Extend the Temporary Restraining Order (Trainor, Martin) |
| Filing 19 SURETY BOND in the amount of $10,000.00 posted by Paddington & Company Ltd. (Document not scanned) (exr, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified On Schedule A (sxh, ) |
| Filing 18 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 6/14/2023: (rao, ) |
| Filing 17 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions #3 , #11 , #15 , the supporting memoranda #12 , #16 and the temporary restraining order, plaintiff's motions for leave to file under seal #3 , for electronic service of process #15 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #11 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, but at this preliminary stage, 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 shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (rao, ) |
| Filing 16 MEMORANDUM by Paddington & Company Ltd. in support of motion for miscellaneous relief #15 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 15 MOTION by Plaintiff Paddington & Company Ltd. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Trainor, Martin) |
| Filing 14 SEALED EXHIBIT by Plaintiff Paddington & Company Ltd. Exhibit 2 Part 1-6 regarding declaration #13 (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)(Trainor, Martin) |
| Filing 13 DECLARATION of Paul Varley regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1)(Trainor, Martin) |
| Filing 12 MEMORANDUM by Paddington & Company Ltd. in support of motion for miscellaneous relief #11 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 11 MOTION by Plaintiff Paddington & Company Ltd. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Trainor, Martin) |
| Filing 10 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (exr, ) |
| Filing 9 MAILED trademark report to Patent Trademark Office, Alexandria VA (exr, ) |
| Filing 8 ATTORNEY Appearance for Plaintiff Paddington & Company Ltd. by Sydney Paige Fenton (Fenton, Sydney) |
| Filing 7 ATTORNEY Appearance for Plaintiff Paddington & Company Ltd. by Martin Francis Trainor (Trainor, Martin) |
| Filing 6 Notice of Claims Involving Trademarks by Paddington & Company Ltd. (Trainor, Martin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Paddington & Company Ltd. (Trainor, Martin) |
| Filing 4 CIVIL Cover Sheet (Trainor, Martin) |
| Filing 3 MOTION by Plaintiff Paddington & Company Ltd. for Leave to File Certain Documents Under Seal (Trainor, Martin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Paddington & Company Ltd. Schedule A regarding complaint #1 (Trainor, Martin) |
| Filing 1 COMPLAINT filed by Paddington & Company Ltd.; Filing fee $ 402, receipt number AILNDC-20721735. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Trainor, Martin) |
| 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. (lm, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (lm, ) |
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