Deckers Outdoor Corporation v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Deckers Outdoor Corporation |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Beijing Zhengxin Trading Co., LTD, Fujian Jiulong Trading Co., Ltd., Fuzhou Fanxing Trading Co., Ltd., Guangzhou Dwa Trading Co., Ltd., Henan Bering Industries Co., Ltd., Jiaozuo Land Star Shoes Co., Ltd., Nanjing Rewin Technology Co., Ltd., Quanzhou Nicetron Apparel Co., Ltd., Quanzhou Shuangwen Shoes And Clothing Co., Ltd., Shanghai Ranruo E-Commerce Co., Ltd., Sharee (Shenzhen) Trading Co., Ltd., Shenzhenshi Xinyu Trading Firm, Tianjin Dexinyuan Network Technology Co., Ltd., Yangzhou JNP Co.,Ltd, Zhenjiang Carrie Xin Shoes Co., Ltd., IOOTIANY Official Store, Kids GYXS Shoes Store, Liuyezhidu Factory Store, Shunshun Baby Store, WHOHOLL lovely slipper Store, XH Toy Shop Store, A2696DYOS4BNV3, baboluo2023, chen jin dong, DuLiDianZi, hainankaisiruishangmaoyouxiangongsi, haoliyoubaihuo, Harmonious familys, hong yu-us, Iris shop, iyonggumaolinmaoyi, KING USS, LAISLAS, Lil Teng, lingdianyouxuan us, Mlexis store, qianquanrenjia, rongrongyouxuanmaoyishangxing, sanwuting yanqiong, sgwxjy, shuifuqienwangluokejiyouxiangongsi6792, sweetycandy, Thinkwhatyouthink, tiansu store, XiHan, Yinuomaoyi, zhishang us, zippy us, beatshoes, casuals_sneaker, classiclvbag, dunkshoes_1, fashion_pavilion, fashionluxurybags, fulitanghuang, hjzhzyszrw12580, internationalbag, jacqueline_chou, liulanxiang, luxurygot, managers, martinbootss5, pksneakers_2019, pt_shoes, shijizhilian2007, sports_lids, topsportmarket, uggsbags, vapormax_xue, wanhaobags66, wstsneakers, xiaodream, xinxiangyin5, xxxiaoqa2022, yikegou, zeshoes1, zsmy2022 and GJODNBJ OUFSBO5415 |
| 1:2023cv04877 |
| July 26, 2023 |
| U.S. District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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| Filing 36 SUMMONS Returned Executed by Deckers Outdoor Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/21/2023, answer due 10/12/2023. (Attachments: #1 Declaration of Thomas J. Juettner, #2 Exhibit A)(Juettner, Thomas) |
| Filing 35 NOTICE of Voluntary Dismissal by Deckers Outdoor Corporation as to certain defendants (Slay, Marcella) |
| Filing 34 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 9/5/2023. Mailed notice. (jlj, ) |
| Filing 33 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction #27 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants 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 connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. 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. Plaintiff has also certified and established #31 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Greer, Burns & Crain, Ltd., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice (jlj, ) |
| NEW PARTIES: Beijing Zhengxin Trading Co., LTD, Fujian Jiulong Trading Co., Ltd., Fuzhou Fanxing Trading Co., Ltd., Guangzhou Dwa Trading Co., Ltd., Henan Bering Industries Co., Ltd., Jiaozuo Land Star Shoes Co., Ltd., Nanjing Rewin Technology Co., Ltd., Quanzhou Nicetron Apparel Co., Ltd., Quanzhou Shuangwen Shoes And Clothing Co., Ltd., Shanghai Ranruo E-Commerce Co., Ltd., Sharee (Shenzhen) Trading Co., Ltd., Shenzhenshi Xinyu Trading Firm, Tianjin Dexinyuan Network Technology Co., Ltd., Yangzhou JNP Co.,Ltd, Zhenjiang Carrie Xin Shoes Co., Ltd., IOOTIANY Official Store, Kids GYXS Shoes Store, Liuyezhidu Factory Store, Shunshun Baby Store, WHOHOLL lovely slipper Store, XH Toy Shop Store, A2696DYOS4BNV3, baboluo2023, chen jin dong, DuLiDianZi, hainankaisiruishangmaoyouxiangongsi, haoliyoubaihuo, Harmonious familys, hong yu-us, Iris shop, iyonggumaolinmaoyi, KING USS, LAISLAS, Lil Teng, lingdianyouxuan us, Mlexis store, qianquanrenjia, rongrongyouxuanmaoyishangxing, sanwuting yanqiong, sgwxjy, shuifuqienwangluokejiyouxiangongsi6792, sweetycandy, Thinkwhatyouthink, tiansu store, XiHan, Yinuomaoyi, zhishang us, zippy us, beatshoes, casuals_sneaker, classiclvbag, dunkshoes_1, fashion_pavilion, fashionluxurybags, fulitanghuang, hjzhzyszrw12580, internationalbag, jacqueline_chou, liulanxiang, luxurygot, managers, martinbootss5, pksneakers_2019, pt_shoes, shijizhilian2007, sports_lids, topsportmarket, uggsbags, vapormax_xue, wanhaobags66, wstsneakers, xiaodream, xinxiangyin5, xxxiaoqa2022, yikegou, zeshoes1, zsmy2022 and GJODNBJ OUFSBO5415 added to case caption. (Gaudio, Justin) |
| Filing 32 NOTICE of Voluntary Dismissal by Deckers Outdoor Corporation as to certain defendants (Slay, Marcella) |
| Filing 31 CERTIFICATE of Service by Plaintiff Deckers Outdoor Corporation regarding text entry,,,, #30 (Attachments: #1 Exhibit A)(Slay, Marcella) |
| Filing 30 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion #27 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining 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 by September 1, 2023." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until 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. Mailed notice (cn). |
| Filing 29 SUMMONS Returned Executed by Deckers Outdoor Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/25/2023, answer due 9/15/2023. (Attachments: #1 Declaration of Thomas J. Juettner, #2 Exhibit A)(Juettner, Thomas) |
| Filing 28 MEMORANDUM by Deckers Outdoor Corporation in support of motion for preliminary injunction #27 (Attachments: #1 Declaration of Marcella D. Slay, #2 Exhibit 1)(Slay, Marcella) |
| Filing 27 MOTION by Plaintiff Deckers Outdoor Corporation for preliminary injunction as to Certain Defendants (Attachments: #1 Exhibit A)(Slay, Marcella) |
| Filing 26 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO #24 is granted. The TRO is extended through August 30, 2023. Mailed notice. (jlj, ) |
| Filing 25 MEMORANDUM by Deckers Outdoor Corporation in support of extension of time #24 (Attachments: #1 Declaration of Marcella D. Slay)(Slay, Marcella) |
| Filing 24 MOTION by Plaintiff Deckers Outdoor Corporation for extension of time of Temporary Restraining Order (Slay, Marcella) |
| Filing 23 SURETY BOND in the amount of $10,000 posted by Deckers Outdoor Corporation (Document not scanned.) (lw, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (axa, ) |
| Filing 22 TRO Signed by the Honorable Lindsay C. Jenkins on 8/2/2023. Mailed notice. (jlj, ) Modified on 9/6/2023 (nsf, ). |
| Filing 21 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for leave to file under seal #4 , ex parte motion for a temporary restraining order #13 , and motion for electronic service of process #18 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 , and #17 ]. The Temporary Restraining Order being entered along with this minute 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. (jlj, ) |
| 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 Deckers Outdoor Corporation in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Deckers Outdoor Corporationfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 2 - Parts 1-3 regarding declaration #16 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3)(Gaudio, Justin) Modified on 9/6/2023 (nsf, ). |
| Filing 16 DECLARATION of Laurie Rose Lubiano 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)(Gaudio, Justin) |
| Filing 14 MEMORANDUM by Deckers Outdoor Corporation in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Deckers Outdoor Corporation for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 12 MAILED patent report to Patent Trademark Office, Alexandria VA. (rc, ) |
| Filing 11 ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Thomas Joseph Juettner (Juettner, Thomas) |
| Filing 10 ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Marcella Deshonda Slay (Slay, Marcella) |
| Filing 9 ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 8 ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Justin R. Gaudio (Gaudio, Justin) |
| Filing 7 Notice of Claims Involving Patents by Deckers Outdoor Corporation (Gaudio, Justin) |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Deckers Outdoor Corporation (Gaudio, Justin) |
| Filing 5 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 4 MOTION by Plaintiff Deckers Outdoor Corporation for leave to file under Seal (Gaudio, Justin) |
| Filing 3 EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 1 - Parts 1-3 regarding complaint #1 (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3)(Gaudio, Justin) Modified on 9/6/2023 (nsf, ). |
| Filing 2 EXHIBIT by Plaintiff Deckers Outdoor Corporation Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 9/6/2023 (nsf, ). |
| Filing 1 COMPLAINT filed by Deckers Outdoor Corporation; Filing fee $ 402, receipt number AILNDC-20868353. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (sxh, ) |
| 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. (sxh, ) |
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