Emoji Company GmbH v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Emoji Company GmbH |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 1:2023cv05829 |
| August 22, 2023 |
| US District Court for the Northern District of Illinois |
| Nancy L Maldonado |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 34 MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 35 SURETY BOND in the amount of $14,000 posted by Emoji Company GmbH (Document not scanned.) (lw, ) |
| Filing 33 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Nancy L. Maldonado on 10/10/2023. Mailed notice. (kl, ) |
| Filing 32 MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed Plaintiff's memorandum in support of personal jurisdiction #30 and the screenshots provided in Dkt. #31 and finds that the Plaintiff has made a sufficient showing of personal jurisdiction for the time being, although Defendants may raise this issue after receiving notice of this lawsuit. For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the Temporary Restraining Order (TRO), Plaintiff's motions for electronic service of process and for a TRO, including a temporary injunction, a temporary asset restraint, and expedited discovery #10 , are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 the individuals and entities operating Defendant online seller, stopping Defendants' 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 a sale 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 Defendant. 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. In light of the Supreme Court's recent holding in Abitron Austria GmbH v. Hetronic International, Inc., 600 U.S. 412 (2023) that 1114(1)(a) and 1125(a)(1) of the Lanham Act do not have extraterritorial application, Plaintiff should attempt to seek discovery that identifies where Defendants used Plaintiff's marks in commerce. Plaintiff shall deposit with the Clerk of Court fourteen thousand dollars ($14,000.00), either cash or surety bond, as security.(ca, ) |
| Filing 31 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit A (Hierl, Michael) |
| Filing 30 MEMORANDUM by Emoji Company GmbH Plaintiff's Supplemental Memorandum in Support of Personal Jurisdiction (Attachments: #1 Exhibit B)(Hierl, Michael) |
| Filing 29 MINUTE entry before the Honorable Nancy L. Maldonado: The Court has received Plaintiff's memorandum in support of joinder and its amended Schedule A. The screenshots attached to Plaintiff's Amended Schedule A do not provide the Court with any information or evidence to demonstrate that the Court has personal jurisdiction over these 14 defendants. By 10/5/23, Plaintiff shall submit a brief memorandum addressing whether this Court has personal jurisdiction over these Defendants. Plaintiff may also file an exhibit to support its argument for personal jurisdiction that may be filed under seal. Plaintiff must also submit an amended proposed TRO order that is consistent with Plaintiff's Amended Schedule A. (ca, ) |
| Filing 28 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Sealed Exhibit AA (Hierl, Michael) |
| Filing 27 MEMORANDUM by Emoji Company GmbH Plaintiff's Memorandum in Support of Joinder (Hierl, Michael) |
| Filing 26 MINUTE entry before the Honorable Nancy L. Maldonado: The Court grants Plaintiff's motion for leave to file under seal #6 . For the reasons provided in its motion, Plaintiff may file under seal its Schedule A identifying the list of Defendants and screenshots showing the Defendants' internet stores in Exhibit 2 of the Declaration of Anna K. Reiter. The Court also grants Plaintiff's motion for leave to file excess pages #9 . Plaintiff may file its motion for a temporary restraining order that does not exceed 29-pages. Before the Court can rule on Plaintiff's motion for a temporary restraining order #10 , the Court orders Plaintiffs to file a brief addressing the propriety of joinder of all defendants on or before 9/25/2023. See Estee Lauder Cosmetics Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps., Ltd. Liab. Cos., P'ships, and Unincorporated Ass'ns Identified on Schedule "A," 21-CV-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021). Plaintiff's brief must refer to specific facts alleged in this case to demonstrate that the violations alleged arise out of the same transaction, occurrence, or series of transactions or occurrences with citations to specific screenshots associated with specified Schedule A defendants to demonstrate that joinder of all of the 241 defendants is proper. (ca, ) |
| Filing 25 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (nsf, ) |
| Filing 24 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (nsf, ) |
| Filing 23 Notice of Claims Involving Trademarks by Emoji Company GmbH (Hierl, Michael) |
| Filing 22 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 11 of Reiter Declaration (Hierl, Michael) |
| Filing 21 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 10 of Reiter Declaration (Hierl, Michael) |
| Filing 20 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 9 of Reiter Declaration (Hierl, Michael) |
| Filing 19 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 8 of Reiter Declaration (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 7 of Reiter Declaration (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 6 of Reiter Declaration (Hierl, Michael) |
| Filing 16 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 5 of Reiter Declaration (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 4 of Reiter Declaration (Hierl, Michael) |
| Filing 14 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 3 of Reiter Declaration (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 2 of Reiter Declaration (Hierl, Michael) |
| Filing 12 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 1 of Reiter Declaration (Hierl, Michael) |
| Filing 11 MEMORANDUM by Emoji Company GmbH in support of motion for temporary restraining order, #10 (Attachments: #1 Declaration Santiago Declaration, #2 Exhibit 1, #3 Declaration Reiter Declaration, #4 Declaration Hierl Declaration, #5 Exhibit Hierl Exhibit 1, #6 Exhibit Hierl Exhibit 2, #7 Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Filing 10 MOTION by Plaintiff Emoji Company GmbH for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael) |
| Filing 9 MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Emoji Company GmbH (Hierl, Michael) |
| Filing 7 SEALED DOCUMENT by Plaintiff Emoji Company GmbH Sealed Schedule A (Hierl, Michael) |
| Filing 6 MOTION by Plaintiff Emoji Company GmbH to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 5 ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Emoji Company GmbH by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 402, receipt number AILNDC-20954106. (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| 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. (axa, ) |
| CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (axa, ) |
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| Plaintiff: Emoji Company GmbH | |
| Represented By: | Robert Payton Mcmurray |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Michael A. Hierl |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
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