Pink Floyd (1987) Limited v. The Owner and/or Operator of Discjapan.com
| Pink Floyd (1987) Limited |
| The Owner and/or Operator of Discjapan.com |
| 1:2023cv04051 |
| June 26, 2023 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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| Document Text |
|---|
| Filing 21 CERTIFICATE of Service by Plaintiff Pink Floyd (1987) Limited regarding order on motion for preliminary injunction,,, terminate deadlines and hearings,,, terminate motion and R&R deadlines/hearings,,, set deadlines,, #20 (Vogt, Keith) |
| Filing 20 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion #17 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all 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 on or before 8/14/2023." Plaintiff must file proof of service of the Court's statement within two business days of service. Mailed notice (ef, ) |
| Filing 19 SUMMONS Returned Executed by Pink Floyd (1987) Limited as to The Owner and/or Operator of Discjapan.com on 8/2/2023, answer due 8/23/2023. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 18 MEMORANDUM by Pink Floyd (1987) Limited in support of motion for preliminary injunction #17 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 17 MOTION by Plaintiff Pink Floyd (1987) Limited for preliminary injunction (Vogt, Keith) |
| Filing 16 INJUNCTION BOND in the amount of $ $10,000.00 posted by Pink Floyd (1987) Limited. (Document not scanned). (jj, ) |
| Filing 15 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 7/31/2023. Mailed notice. (lw, ) |
| Filing 14 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file excess pages #11 and ex parte motion for a temporary restraining order and other relief 12 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, were Defendant 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 Defendant and stopping Defendant's infringing conduct. The accompanying Temporary Restraining Order shall be placed under seal. 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 Defendant 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 Defendant. A transfer of domain names is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify Defendant and to implement the asset freeze. If Defendant appears and objects, the Court will revisit the asset freeze. Enter Sealed Temporary Restraining Order. Mailed notice (ef, ) |
| SUMMONS Issued as to Defendant The Owner and/or Operator of Discjapan.com (lm, ) |
| Filing 13 MEMORANDUM in support of 12 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, of Keith A. Vogt's declaration, #3 Declaration of Thomas Schlegel, #4 Exhibit 1, of Thomas Schlegel's declaration, #5 Exhibit 2, of Thomas Schlegel's declaration)(Vogt, Keith) |
| Filing 11 MOTION by Plaintiff Pink Floyd (1987) Limited for leave to file excess pages (Vogt, Keith) |
| Filing 10 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (daj, ) |
| Filing 9 MAILED trademark report to Patent Trademark Office, Alexandria VA. (daj, ) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pink Floyd (1987) Limited (Vogt, Keith) |
| Filing 7 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 6 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Adam Grodman (Grodman, Adam) |
| Filing 5 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yi Bu (Bu, Yi) |
| Filing 4 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yanling Jiang (Jiang, Yanling) |
| Filing 3 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Keith A. Vogt (Vogt, Keith) |
| Filing 2 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Pink Floyd (1987) Limited; Filing fee $ 402, receipt number AILNDC-20771409. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(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. (lm, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (lm, ) |
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| Plaintiff: Pink Floyd (1987) Limited | |
| Represented By: | Adam Grodman |
| Represented By: | Cameron Eugene Mcintyre |
| Represented By: | Yanling Jiang |
| Represented By: | Yi Bu |
| Represented By: | Keith A. Vogt |
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| Defendant: The Owner and/or Operator of Discjapan.com | |
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