PRL USA Holdings, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
PRL USA Holdings, Inc. |
The Partnerships and Unincorporated Associations Identified on Schedule A and zhaoyongle77917 |
1:2023cv04580 |
July 14, 2023 |
US District Court for the Northern District of Illinois |
Nancy L Maldonado |
Trademark |
15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
None |
Docket Report
This docket was last retrieved on September 5, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 36 MAILED trademark report to Patent Trademark Office, Alexandria VA (rp, ) |
Filing 35 MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's notice of voluntary dismissal #34 . The Court notes that the notice is captioned as being a dismissal as to a "certain defendant," and indicates that Plaintiff is dismissing its claims as to "the following Defendant," without acknowledging that the defendant is the only defendant in the action, and therefore the dismissal resolves the entire matter. When a dismissal of a defendant terminates the entire action, the party should expressly indicate that fact in the notice so that the Court need not hunt through the docket to confirm that all defendants from the Schedule A have been dismissed. Using templates from other cases that do not directly apply is discouraged. Pursuant to Rule 41(a)(1), Plaintiff's claims against defendant zhaoyongle77917 are dismissed without prejudice. Civil case terminated. Emailed notice (axc). |
NEW PARTIES: zhaoyongle77917 added to case caption. (Slay, Marcella) |
Filing 34 NOTICE of Voluntary Dismissal by PRL USA Holdings, Inc. as to a Certain Defendant (Slay, Marcella) |
Filing 33 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 8/31/2023.(ca, ) |
Filing 32 MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff has filed a certificate of service #31 confirming that Defendant was electronically served with a copy of the motion for preliminary injunction. To date, however, no Defendant has appeared or objected to Plaintiff's motion for preliminary injunction #26 . Plaintiff's motion for a preliminary injunction #26 is therefore granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendant 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 the previously entered temporary restraining order, the preliminary injunction will enter. 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. The Clerk is requested to unseal any previously-sealed documents. Plaintiff's counsel is directed to ensure that the Defendants listed on Schedule A are added to the Court's docket within five business days. Instructions for adding a party to the docket can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. (ca, ) |
Filing 31 CERTIFICATE of Service by Plaintiff PRL USA Holdings, Inc. regarding text entry,, #30 (Attachments: #1 Exhibit A)(Slay, Marcella) |
Filing 30 MINUTE entry before the Honorable Nancy L. Maldonado: The Court had given Defendant until August 28, 2023 to appear or otherwise object to the entry of a preliminary injunction, but no such appearance or objection has been filed. Plaintiff should promptly file a certificate of service on the docket indicating the date that it served a copy its motion for preliminary injunction on Defendant. Once the certificate is filed, assuming there was proper notice to Defendant of the motion, the Court will grant the injunction as unopposed. (ca, ) |
Filing 29 MINUTE entry before the Honorable Nancy L. Maldonado:The Court is in receipt of Plaintiff's motion for preliminary injunction and for extension of time for temporary restraining order #26 . The motion is granted in part as to Plaintiff's request to extend the temporary restraining order. The sealed temporary restraining order #24 is extended until August 29, 2023. Plaintiff shall serve, via electronic service, a copy of its motion for preliminary injunction on Defendant, and Defendant shall have until August 28, 2023 to appear or otherwise object to the entry of a preliminary injunction. If no such appearance or objection is filed, the preliminary injunction will be entered. (ca, ) |
Filing 28 SUMMONS Returned Executed by PRL USA Holdings, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/10/2023, answer due 8/31/2023. (Attachments: #1 Declaration of Trevor C. Talhami, #2 Exhibit A)(Talhami, Trevor) |
Filing 27 MEMORANDUM by PRL USA Holdings, Inc. in support of motion for preliminary injunction, extension of time #26 (Attachments: #1 Declaration of Marcella D. Slay, #2 Exhibit 1)(Slay, Marcella) |
Filing 26 MOTION by Plaintiff PRL USA Holdings, Inc. for preliminary injunction , MOTION by Plaintiff PRL USA Holdings, Inc. for extension of time of Temporary Restraining Order (Attachments: #1 Exhibit A)(Slay, Marcella) |
Filing 25 Registry Deposit Information Form by PRL USA Holdings, Inc. (Slay, Marcella) |
CHECK BOND in the amount of $ $1,000.00 posted by GREER BURNS & CRAIN LTD. (jcc, ) |
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (lm, ) |
Filing 24 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Nancy L. Maldonado on 8/1/2023. Mailed notice. (kl, ) |
Filing 23 MINUTE entry before the Honorable Nancy L. Maldonado: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file under seal #3 , for electronic service of process #20 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #15 , are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 the individuals and entities operating Defendant, stopping Defendant's 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. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendants and to implement the asset freeze. Plaintiff shall deposit with the Clerk of Court one thousand dollars ($1,000.00), either cash or surety bond, as security. (ca, ) |
Filing 22 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #21 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
Filing 21 MEMORANDUM by PRL USA Holdings, Inc. in support of motion for miscellaneous relief #20 (Gaudio, Justin) |
Filing 20 MOTION by Plaintiff PRL USA Holdings, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
Filing 19 SEALED EXHIBIT by Plaintiff PRL USA Holdings, Inc. Exhibit 3 regarding declaration #18 (Gaudio, Justin) |
Filing 18 DECLARATION of Alice Pang regarding memorandum in support of motion #16 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
Filing 17 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #16 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
Filing 16 MEMORANDUM by PRL USA Holdings, Inc. in support of motion for temporary restraining order #15 (Gaudio, Justin) |
Filing 15 MOTION by Plaintiff PRL USA Holdings, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
Filing 14 SEALED EXHIBIT by Plaintiff PRL USA Holdings, Inc. Amended Schedule A regarding amended complaint, #13 (Gaudio, Justin) |
Filing 13 AMENDED complaint by PRL USA Holdings, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gaudio, Justin) |
Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials(rp, ) |
Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA (rp, ) |
CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (axk, ) |
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. (axk, ) |
Filing 10 ATTORNEY Appearance for Plaintiff PRL USA Holdings, Inc. by Trevor Christian Talhami (Talhami, Trevor) |
Filing 9 ATTORNEY Appearance for Plaintiff PRL USA Holdings, Inc. by Marcella Deshonda Slay (Slay, Marcella) |
Filing 8 ATTORNEY Appearance for Plaintiff PRL USA Holdings, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
Filing 7 ATTORNEY Appearance for Plaintiff PRL USA Holdings, Inc. by Justin R. Gaudio (Gaudio, Justin) |
Filing 6 Notice of Claims Involving Trademarks by PRL USA Holdings, Inc. (Gaudio, Justin) |
Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by PRL USA Holdings, Inc. (Gaudio, Justin) |
Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
Filing 3 MOTION by Plaintiff PRL USA Holdings, Inc. for leave to file under seal (Gaudio, Justin) |
Filing 2 SEALED EXHIBIT by Plaintiff PRL USA Holdings, Inc. Schedule A regarding complaint #1 (Gaudio, Justin) |
Filing 1 COMPLAINT filed by PRL USA Holdings, Inc.; Filing fee $ 402, receipt number AILNDC-20832371. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gaudio, Justin) |
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