Forcel Media Limited v The Entities listed on Exhibit 1
| Forcel Media Limited doing business as Oveallgo doing business as GFOUK doing business as flysmus |
| Defendants listed on Exhibit 1 |
| 1:2023cv03966 |
| June 22, 2023 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on August 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 23 Ex B to Motion to Compel PayPal by Forcel Media Limited (Jones, Patrick) |
| Filing 22 MOTION by Plaintiff Forcel Media Limited to compel PayPal to Respond to this Court's TRO (Attachments: #1 Exhibit A - Response from PayPal)(Jones, Patrick) |
| BOND in the amount of $ 10,000 Cashier's Check, Receipt No. 4624289915, posted by Forcel Media Limited (smb, ) |
| Filing 21 NOTICE of Voluntary Dismissal by Forcel Media Limited Defendants 7, 8, 15, 20, and 27 (Jones, Patrick) |
| Filing 20 MINUTE entry before the Honorable John F. Kness: In orders #16 #17 dated 7/21/2023, the Court entered an ex parte TRO. Plaintiff filed a motion #18 to extend the TRO but did not provide a proposed order; the TRO then expired. Plaintiff has now filed another motion #19 for entry of a TRO. That motion is granted for the reasons provided in connection with the earlier TRO, and the TRO #17 is entered anew as of 8/14/2023 at 1400 hours U.T.C. That reimposed TRO will expire in 14 days and will not be extended. Plaintiff's earlier motion #18 to extend the previously-imposed TRO is dismissed as moot. Mailed notice (ef, ) |
| Filing 19 MOTION by Plaintiff Forcel Media Limited for temporary restraining order (Attachments: #1 Exhibit Memorandum of Law)(Jones, Patrick) |
| Filing 18 MOTION by Plaintiff Forcel Media Limited for extension of time (Attachments: #1 Supplement, #2 Declaration)(Jones, Patrick) |
| Filing 17 SEALED EX PARTE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 7/21/2023. (ags) |
| Filing 16 MINUTE entry before the Honorable John F. Kness: Plaintiff's ex parte motion for a temporary restraining order and other relief #8 , motion for leave to file under seal #13 , and motion for leave to file an oversized brief #14 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 , #3 , #10 , #12 , and #15 . The accompanying Temporary Restraining 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 (ags) |
| Filing 15 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| Filing 14 MOTION by Plaintiff Forcel Media Limited for leave to file excess pages (Jones, Patrick) |
| Filing 13 MOTION by Plaintiff Forcel Media Limited to seal document sealed document #2 , sealed document #12 , sealed document #3 , sealed document #10 (Jones, Patrick) |
| Filing 12 SEALED DOCUMENT by Plaintiff Forcel Media Limited Ex 2 - Jones Declaration (Attachments: #1 Exhibit A - Test purchases, #2 Exhibit B - Screenshots)(Jones, Patrick) |
| Filing 11 APPENDIX other #9 Unpublished Opinions (Jones, Patrick) |
| Filing 10 SEALED DOCUMENT by Plaintiff Forcel Media Limited Ex 1 - Fat Decl. (Jones, Patrick) |
| Filing 9 Memorandum in Support of Motion for Temporary Restraining Order by Forcel Media Limited (Jones, Patrick) |
| Filing 8 MOTION by Plaintiff Forcel Media Limited for temporary restraining order (Jones, Patrick) |
| Filing 7 CIVIL Cover Sheet (Jones, Patrick) |
| Filing 6 Corporate Disclosure Statement STATEMENT by Forcel Media Limited (Jones, Patrick) |
| Filing 5 ATTORNEY Appearance for Plaintiff Forcel Media Limited by Patrick M Jones (Jones, Patrick) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Forcel Media Limited (Jones, Patrick) |
| Filing 3 SEALED DOCUMENT by Plaintiff Forcel Media Limited Ex 2 - Trademarks (Jones, Patrick) |
| Filing 2 SEALED DOCUMENT by Plaintiff Forcel Media Limited Ex 1 - Defendants (Jones, Patrick) |
| Filing 1 COMPLAINT filed by Forcel Media Limited; Filing fee $ 402, receipt number AILNDC-20760865.(Jones, Patrick) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (jcc, ) |
| 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. (jcc, ) |
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| Plaintiff: Forcel Media Limited doing business as Oveallgo doing business as GFOUK doing business as flysmus | |
| Represented By: | Patrick M Jones |
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