Nike, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Nike, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Dongguan Toyin Acrylic Products Co., Ltd., Jinjiang Linghang Captain Shoes Co., Ltd., Zhongshan Longlu Display Industrial Co., Ltd., Hoka On Star Store, A2O393KC5T09K1, A2T6VDL1AW6V6S, A3889918LE70JT, A38WAGTO9SCFVC, A7KXGADLKFPVW, ABO lot of ingredients, BAI PING, baixiaofangdp, Biujiuho, CAOXIANZHU, FengHeDianZiShangWu, fengzijiandepu, Fgwega, Geeneric, guangzhoudiyuanwanjuyouxiangongsi, guangzhoupanxinmaoyiyouxiangongsi, HAIKOUWANGQIMINGDIANZISHANGWUYOUXIANZERENGONGSI, hmkjyyysgs, HUY SMITH USA, JasmineL, JiaYiB, Jitaishangmao, Kiki department, Lingao Qiyugan Trading Co., LTD, LiuqianSHENG98825, LiYaoHui, Milk Store1, Neonawall, NingxiDian1, Opieufo, Persit Sports, PETNERS, QUANXUN, RODRIGUEZTEE, Sanya Huiyixi Trading Co., LTD, SDJDNSHIOO, shanxilanmaifengrukejiyouxiangongsi, shendufen-US, SHJUMAN, Tiantai County Jiatong E-commerce Firm, Weng jiajia, airboots, airsneaker668, aj_seller, ajlinglon, australians, best_shoes_tn95, bestjordanshoes7, chenmi_350shoes, chenmi1978, dunksale, exportrainers, iwantyou1, jdskjeieoe, make_happy, niksneakers, princessbag_, reallove_sports, running_shoe, shengfamy888, shoe_sensation, shoes_home1, shoes108110, ukdk1218, vipsellershoes, vipshoes168, yeezy350, yeezykids, a689369, acasneaks, aideepup, annapaterson1213tv, baby_cool555, behatsjordan, brandy_1888, china__jess_shoe_bag, honest_alin, jack.sneaker12, kama.kicks, linxin.sneaker.aj, mxsneaker666, newon364, ogsneakerclub_cn, shoes_wei, sjm7998, sneakers_shop1313, top_og_pk, wgss1.88, xx.sale82, ziling.zilng.4, zshsneaker, Dibeibei, DooDogs, FEET WET FEET RIGHT, Guangzhou Xinhe Shoes Firm, Happy shoe stack, HC shoes, HKYS Shoe, HL children shoes, Jaliba Bridge exclusive, Jiemin Commerce, JJBABY, Juhuacang, Kiss the Sun, Little star childrens shoes, Love fashion men shoes, LoveWalking, Milo kids shoes, Sanren shoe line, SHI SHANG YUE SHOES, SHITUGE, TARANIS, TARANIS KIDS SHOES, Warrior bootery, ZHR Shoes, ZY childrens shoes, kacenlee, luxury990992, user837922211600887, LEA INTERNATIONAL GROUP LIMITED, BigBlueBird, Clara M Pierce, Coastal Bling, CreateaneighbortocatchhR, Delinde manswear, foodsa, Glutinous pen daily department store, Heather Creationz, Jams7, Ronald V Wald, The Spectator, xiaochan9189, Z Man Man Store, hotkicks.co and rsneakers.fun |
| 1:2023cv05337 |
| August 10, 2023 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Document Text |
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| Filing 56 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion #54 for leave to file an amended schedule A to its live complaint is granted. In accordance with the amended schedule of defendants #55 , the following defendants have been dismissed: SDJDNSHIOO, Line No. 40; Guangzhou Xinhe Shoes Firm, Line No. 100; HL children shoes, Line No. 104; LoveWalking, Line No. 112; TARANIS, Line No. 117; and TARANIS KIDS SHOES, Line No. 118. Mailed notice (mjc, ) |
| Filing 55 AMENDED exhibit #2 Amended Schedule A (Slay, Marcella) |
| Filing 54 MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint instanter (Slay, Marcella) |
| Filing 53 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion #51 for leave to file an amended Schedule A #52 to its complaint is granted. Plaintiff has dismissed defendant nos. 3, 5, 19, 37, 97, 98, 101, 102, 107, 110, 113, 114 and 122. Mailed notice (mjc, ) |
| Filing 52 AMENDED exhibit #2 Amended Schedule A (Slay, Marcella) |
| Filing 51 MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint instanter (Slay, Marcella) |
| Filing 50 SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/25/2023, answer due 10/16/2023. (Attachments: #1 Declaration of Berel Y. Lakovitsky, #2 Exhibit A)(Lakovitsky, Berel) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (mek,) |
| NEW PARTIES: Dongguan Toyin Acrylic Products Co., Ltd., Jinjiang Linghang Captain Shoes Co., Ltd., Zhongshan Longlu Display Industrial Co., Ltd., Hoka On Star Store, A2O393KC5T09K1, A2T6VDL1AW6V6S, A3889918LE70JT, A38WAGTO9SCFVC, A7KXGADLKFPVW, ABO lot of ingredients, BAI PING, baixiaofangdp, Biujiuho, CAOXIANZHU, FengHeDianZiShangWu, fengzijiandepu, Fgwega, Geeneric, guangzhoudiyuanwanjuyouxiangongsi, guangzhoupanxinmaoyiyouxiangongsi, HAIKOUWANGQIMINGDIANZISHANGWUYOUXIANZERENGONGSI, hmkjyyysgs, HUY SMITH USA, JasmineL, JiaYiB, Jitaishangmao, Kiki department, Lingao Qiyugan Trading Co., LTD, LiuqianSHENG98825, LiYaoHui, Milk Store1, Neonawall, NingxiDian1, Opieufo, Persit Sports, PETNERS, QUANXUN, RODRIGUEZTEE, Sanya Huiyixi Trading Co., LTD, SDJDNSHIOO, shanxilanmaifengrukejiyouxiangongsi, shendufen-US, SHJUMAN, Tiantai County Jiatong E-commerce Firm, Weng jiajia, airboots, airsneaker668, aj_seller, ajlinglon, australians, best_shoes_tn95, bestjordanshoes7, chenmi_350shoes, chenmi1978, dunksale, exportrainers, iwantyou1, jdskjeieoe, make_happy, niksneakers, princessbag_, reallove_sports, running_shoe, shengfamy888, shoe_sensation, shoes_home1, shoes108110, ukdk1218, vipsellershoes, vipshoes168, yeezy350, yeezykids, a689369, acasneaks, aideepup, annapaterson1213tv, baby_cool555, behatsjordan, brandy_1888, china__jess_shoe_bag, honest_alin, jack.sneaker12, kama.kicks, linxin.sneaker.aj, mxsneaker666, newon364, ogsneakerclub_cn, shoes_wei, sjm7998, sneakers_shop1313, top_og_pk, wgss1.88, xx.sale82, ziling.zilng.4, zshsneaker, Dibeibei, DooDogs, FEET WET FEET RIGHT, Guangzhou Xinhe Shoes Firm, Happy shoe stack, HC shoes, HKYS Shoe, HL children shoes, Jaliba Bridge exclusive, Jiemin Commerce, JJBABY, Juhuacang, Kiss the Sun, Little star childrens shoes, Love fashion men shoes, LoveWalking, Milo kids shoes, Sanren shoe line, SHI SHANG YUE SHOES, SHITUGE, TARANIS, TARANIS KIDS SHOES, Warrior bootery, ZHR Shoes, ZY childrens shoes, kacenlee, luxury990992, user837922211600887, LEA INTERNATIONAL GROUP LIMITED, BigBlueBird, Clara M Pierce, Coastal Bling, CreateaneighbortocatchhR, Delinde manswear, foodsa, Glutinous pen daily department store, Heather Creationz, Jams7, Ronald V Wald, The Spectator, xiaochan9189, Z Man Man Store, hotkicks.co and rsneakers.fun added to case caption. (Slay, Marcella) |
| Filing 49 PRELIMINARY INJUNCTION ORDER signed by the Honorable Joan B. Gottschall on 9/19/2023. Mailed notice. (mgh, ) |
| Filing 48 MINUTE entry before the Honorable Joan B. Gottschall: The court having received no request for a hearing by the deadline #26 of 9/18/2023, the preliminary injunction hearing set for 9/20/2023 is stricken. Plaintiff's motion for preliminary injunction #45 and motion for electronic service of process #43 are granted. Enter preliminary injunction order. In accordance with the order, the clerk is directed to unseal Schedule A to the complaint #2 and amended complaint #11 , Exhibit 3 to the Declaration of Joe Pallett (ECF nos. #17 and #18 ), and the temporary restraining order #29 . The law firm of Greer, Burns & Crain Ltd. is hereby ordered to add ALL defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website located at www.ilnd.uscourts.gov/instructions. The next status report is due on or before 10/20/2023. Mailed notice. (mgh, ) |
| Filing 47 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion #41 for leave to file an amended schedule A to its live complaint is granted. In accordance with the amended schedule of defendants #42 , the following defendant has been dismissed: Wanwei Xianghao sports, Line No. 119. Mailed notice. (mgh, ) |
| Filing 46 MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction #45 (Attachments: #1 Declaration of Marcella D. Slay, #2 Exhibit 1)(Slay, Marcella) |
| Filing 45 MOTION by Plaintiff Nike, Inc. for preliminary injunction (Attachments: #1 Exhibit A)(Slay, Marcella) |
| Filing 44 MEMORANDUM by Nike, Inc. in support of motion for miscellaneous relief #43 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1, #3 Exhibit 2)(Slay, Marcella) |
| Filing 43 MOTION by Plaintiff Nike, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Attachments: #1 Exhibit A)(Slay, Marcella) |
| Filing 42 SEALED EXHIBIT by Plaintiff Nike, Inc. Amended Schedule A regarding MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint Instanter #41 (Slay, Marcella) |
| Filing 41 MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint Instanter (Slay, Marcella) |
| Filing 40 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion #38 for leave to file an amended schedule A to its live complaint is granted. In accordance with the amended schedule of defendants #39 , the following defendants have been dismissed: UFCGear, Line No. 73, and DKMILYAIR, Line No. 126. Mailed notice. (mgh, ) |
| Filing 39 SEALED EXHIBIT by Plaintiff Nike, Inc. Amended Schedule A regarding MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint Instanter #38 (Slay, Marcella) |
| Filing 38 MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint Instanter (Slay, Marcella) |
| Filing 37 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion #30 for leave to file an amended schedule of defendants is denied without prejudice because the motion, which names the plaintiff as Harry Styles, appears to have been filed in the incorrect case. Mailed notice (mjc, ) |
| Filing 36 EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 9/5/2023. Mailed notice(mjc, ) |
Filing 35
MINUTE entry before the Honorable Joan B. Gottschall: The deadline to request a hearing has come and gone (see #28 ), and no request for a hearing has been received. Accordingly, plaintiff's motion #33 to extend the sealed temporary restraining order #29 to and including 9/20/2023 is granted. Enter order. The preliminary injunction hearing tentatively set for 9/6/2023 at 1:00 p.m. is stricken and reset to 9/20/2023 at 10:30 a.m. The court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 3 to the Declaration of Joe Pallett, as well as to any e-mail addresses provided for defendants by third parties. Any notice must include a link to said website. Mailed notice (mjc, )
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| Filing 34 MEMORANDUM by Nike, Inc. in support of extension of time #33 (Attachments: #1 Declaration of Marcella D. Slay)(Slay, Marcella) |
| Filing 33 MOTION by Plaintiff Nike, Inc. for extension of time of Temporary Restraining Order (Slay, Marcella) |
| Filing 32 SURETY BOND in the amount of $ 10,000.00 posted by Nike, Inc. (Document not scanned). (jg, ) |
| Filing 31 SEALED EXHIBIT by Plaintiff Nike, Inc. Amended Schedule A regarding MOTION by Plaintiff Nike, Inc.for Leave to Amend Schedule A to the Complaint Instanter #30 (Slay, Marcella) |
| Filing 30 MOTION by Plaintiff Nike, Inc.for Leave to Amend Schedule A to the Complaint Instanter (Slay, Marcella) |
| Filing 29 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Joan B. Gottschall on 8/23/2023. Mailed notice(mjc, ) |
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Filing 28
MINUTE entry before the Honorable Joan B. Gottschall: Non-party ContextLogic Inc. ("ContextLogic"), filed an objection #24 to plaintiff's motion for a temporary restraining order in which it states, "Although ContextLogic is a non-party, it does not dispute or contest the Court's jurisdiction over it with respect to the enforcement of a temporary restraining order proposed by Plaintiff that may be entered in this case or any obligations that ContextLogic may have thereunder." ECF No. 24 at 2. ContextLogic further states that it "does not understand Plaintiff to be alleging that ContextLogic is acting in active concert or participation with the named defendants," but it "specifically objects" to any such finding by the court. Id. at 2-3. Based on ContextLogic's non-opposition to the requested relief, plaintiff's motion #13 for temporary restraining order is granted. The court makes no finding on whether ContextLogic is acting in active concert or participation with the named defendants. Also granted is plaintiff's motion #3 for leave to file Schedule A to the complaint #2 , Schedule A to the amended complaint #12 , and Exhibit 3 to the Declaration of Joe Pallett (doc. nos. #17 and #18 ) under seal. Enter sealed temporary restraining order. A preliminary injunction hearing to be held by teleconference is tentatively set for September 6, 2023, at 1:00 p.m. The court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 3 to the Declaration of Joe Pallett and any e-mail addresses provided for defendants by third parties that includes a link to said website. Mailed notice (mjc, )
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| Filing 27 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nike, Inc. (Gaudio, Justin) |
| Filing 26 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nike, Inc. (Gaudio, Justin) |
| Filing 25 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ContextLogic Inc. (Skoczylas, Christine) |
| Filing 24 OBJECTIONS of Non-Party ContextLogic Inc. (Skoczylas, Christine) |
| Filing 23 ATTORNEY Appearance for Objector ContextLogic Inc. by Christine Elizabeth Skoczylas (Skoczylas, Christine) |
| Filing 22 CERTIFICATE of Service by Plaintiff Nike, Inc. regarding text entry,,,, #20 (Slay, Marcella) |
| Filing 21 MINUTE entry before the Honorable Joan B. Gottschall: The notification #5 of affiliates filed by plaintiff states that "no publicly held corporation owns more than 5% of its stock." For the purpose of a notification of affiliates required by Local Rule 3.2, "'affiliate' is defined as any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party." N.D. Ill. LR 3.2(a) (as amended May 5, 2022). Plaintiff must amend its notification of affiliates to clarify whether any individual or privately held entity meets Local Rule 3.2(a)'s definition of affiliate. Plaintiff is directed to file an amended notification of affiliates on or before 8/21/2023. Mailed notice (mjc, ) |
| Filing 20 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion #13 for temporary restraining order. Plaintiff's motion is ex parte as to the defendants, but plaintiff has given notice of the motion #19 to the non-party providers of services to the defendants named in the proposed temporary restraining order (collectively "third-party providers"). The third-party providers have until noon on Tuesday, August 22, 2023, to object to plaintiff's request that the court find that it has personal jurisdiction over them and that they are in active concert or participation with the defendants named in schedule A to the amended complaint. See Fed. R. Civ. P. 65(d)(2). The third-party providers may file an objection in writing or request a hearing, to be conducted via teleconferencing, by sending a message to Chambers_Gottschall@ilnd.uscourts.gov, with a copy to all counsel of record, on or before noon on Tuesday, August 22, 2023. Plaintiff is ordered to serve the third-party providers with a copy of this order on or before August 17, 2023. Plaintiff must file a certificate of service on or before August 18, 2023. Mailed notice (mjc, ) |
| Filing 19 CERTIFICATE of Service by Plaintiff Nike, Inc. (Slay, Marcella) |
| Filing 18 SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 - Parts 11-18 regarding declaration #16 (Attachments: #1 Exhibit 3-11, #2 Exhibit 3-12, #3 Exhibit 3-13, #4 Exhibit 3-14, #5 Exhibit 3-15, #6 Exhibit 3-16, #7 Exhibit 3-17, #8 Exhibit 3-18)(Gaudio, Justin) |
| Filing 17 SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 - Parts 1-10 regarding declaration #16 (Attachments: #1 Exhibit 3-1, #2 Exhibit 3-2, #3 Exhibit 3-3, #4 Exhibit 3-4, #5 Exhibit 3-5, #6 Exhibit 3-6, #7 Exhibit 3-7, #8 Exhibit 3-8, #9 Exhibit 3-9, #10 Exhibit 3-10)(Gaudio, Justin) |
| Filing 16 DECLARATION of Joe Pallett regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 15 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 14 MEMORANDUM by Nike, Inc. in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Nike, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 12 SEALED EXHIBIT by Plaintiff Nike, Inc. Amended Schedule A regarding amended complaint #11 (Gaudio, Justin) |
| Filing 11 AMENDED complaint by Nike, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (mek) |
| 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. (mek) |
| Filing 10 ATTORNEY Appearance for Plaintiff Nike, Inc. by Berel Yonathan Lakovitsky (Lakovitsky, Berel) |
| Filing 9 ATTORNEY Appearance for Plaintiff Nike, Inc. by Marcella Deshonda Slay (Slay, Marcella) |
| Filing 8 ATTORNEY Appearance for Plaintiff Nike, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff Nike, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Nike, Inc. (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nike, Inc. (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Nike, Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Nike, Inc. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Nike, Inc.; Filing fee $ 402, receipt number AILNDC-20918209. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
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