Robert Smith v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Robert Smith |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Loanshop, Love with shop, LUOZINAN, maanshanhuanzhuoliushangmaoyouxiangongsi, MetalJYArt, MNIHR DFG, MOVING FLAME STORE, Music Official, muxingzhoudebeimeidianpu, MUYUSI US, NAM TUNZI, nannuqiu, nguyen minh anh, nice-art-decor, Ninexuxu Wall Arts, NXLArtShop, Pampoostore, PanZhiZhongBaiHu, Peachy Pure Store, PengfuNewSong, PHPPPSAMER STORE, pu tian shi ju qiao tu mao yi you xian gong si, PuppyPets, QiangYuanBai, qiwanglimaohangong, qiyoupenglsmk, Quac Quac, renxingjiadaizahuodian, Rock-Pads, shanxidengbinparenwangluokejiyouxiangongsi, shanxierfengyuruishangmaoyouxiangongsi, shanxisuifeirudashangmaoyouxiangongsi, StARYD, StoreLeHieu, sunmingliangsdt, sunnankunsdt, SuoWanBigLuMingWang, thanh huyen SHOP, thaomy2024, The Mix Fashions, tianyongsudxa, Todays Good Time Store, T-SHIFETIGER, UnterTeeSpecial, VAN DOAN SHOP, VOZSTORE, wanghaoyuduys, wangyanmeikaidubaihuodian, wangzixuansdpp, WENYANBING, WJBAODAN, wujiacshang, WUJINGJING, wuxiaoffjyui, xiachenglvrizayongpin, xianyouxianlichengchijiuchashanghang, xinixndianpu, XPing Store, XQXQSHOPAI, xueyupengsljdl, xungaigonggaoxianhangong, XYXD-106, Yankun Store, yaosiyouxhaya, YcHj, YuFanArt, ZhaiDuo, zhangyongmei0608, zhaobeibeidexiaodian, zhengyihuiF, zhengyixingyysy, zhihui poster, zhouhuazhao, ZiyangShop, zxcvedrg, zyhstore, daye04, fionac, fjxp17, guan02, guoke1233321, heng01, huafei05, kaiyanqia, keng01, lookpack, menyang, qiyuan03, rja2, tianlangstar, vikey13, xianstore01, xiao0002, xue04, you02, fun-art-mart, hey-wall-art, mbrian-4, xingmingart, xuando-49, Billy Thomas, BlossomTee, c6c6c6w8, caomeilan, duxiuanwang, f6f5f, gdgh546gxf8, geguoxiang36420, gulizhi37364, huanghaoran10994, jiangyu988924, jimengting123, lidongsheng01538, liuchang823, LiuSiqi1115, liuyawei, liwenzhi36407, lixiang54698, lvjingliang3058, mayanping5195, niujilong31232, qiaohongxia18593, qinying2588, ruilian foreign trade, s34442ws, SanD9, Sdkkadfa, shadow color, shaowanying159263, tangguo0807, tianyonghuan, W2W1W2, Wangbingna, yanghuachun16505, yuanxifu7890, zhangxiaojian5774, zhangyameng2533 and zhaobingqing9642786 |
| 1:2023cv05946 |
| August 23, 2023 |
| U.S. District Court for the Northern District of Illinois |
| Martha M Pacold |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Document Text |
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| Filing 53 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motions for leave to amend Schedule A to the complaint instanter #47 , #51 are granted. The amended Schedule A is already on the docket #52 . Defendants nice-art-decor, fun-art-mart, hey-wall-art, and Rock-Pads are dismissed with prejudice. (rao, ) |
| Filing 52 AMENDED exhibit #2 Amended Schedule A (Joseph, Justin) |
| Filing 51 MOTION by Plaintiff Robert Smithfor Leave to Amend Schedule A to the Complaint Instanter (Joseph, Justin) |
| Filing 50 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment #44 must enter an appearance and file a written objection by 10/19/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Filing 49 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter #42 is granted. The amended complaint is already on the docket #43 . Defendants Nos. 33 StARYD, 57 xinixndianpu, and 76 zyhstore are terminated. (rao, ) |
| Filing 48 AMENDED exhibit #2 Amended Schedule A (Joseph, Justin) |
| Filing 47 MOTION by Plaintiff Robert Smithfor Leave to Amend Schedule A to the Complaint Instanter (Joseph, Justin) |
| Filing 46 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #45 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 45 MEMORANDUM by Robert Smith in support of motion for entry of default, motion for default judgment #44 (Attachments: #1 Exhibit 1)(Joseph, Justin) |
| Filing 44 MOTION by Plaintiff Robert Smith for entry of default , MOTION by Plaintiff Robert Smith for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 43 AMENDED exhibit #2 Amended Schedule A (Joseph, Justin) |
| Filing 42 MOTION by Plaintiff Robert Smith for Leave to Amend Schedule A to the Complaint Instanter (Joseph, Justin) |
| NEW PARTIES: Loanshop, Love with shop, LUOZINAN, maanshanhuanzhuoliushangmaoyouxiangongsi, MetalJYArt, MNIHR DFG, MOVING FLAME STORE, Music Official, muxingzhoudebeimeidianpu, MUYUSI US, NAM TUNZI, nannuqiu, nguyen minh anh, nice-art-decor, Ninexuxu Wall Arts, NXLArtShop, Pampoostore, PanZhiZhongBaiHu, Peachy Pure Store, PengfuNewSong, PHPPPSAMER STORE, pu tian shi ju qiao tu mao yi you xian gong si, PuppyPets, QiangYuanBai, qiwanglimaohangong, qiyoupenglsmk, Quac Quac, renxingjiadaizahuodian, Rock-Pads, shanxidengbinparenwangluokejiyouxiangongsi, shanxierfengyuruishangmaoyouxiangongsi, shanxisuifeirudashangmaoyouxiangongsi, StARYD, StoreLeHieu, sunmingliangsdt, sunnankunsdt, SuoWanBigLuMingWang, thanh huyen SHOP, thaomy2024, The Mix Fashions, tianyongsudxa, Todays Good Time Store, T-SHIFETIGER, UnterTeeSpecial, VAN DOAN SHOP, VOZSTORE, wanghaoyuduys, wangyanmeikaidubaihuodian, wangzixuansdpp, WENYANBING, WJBAODAN, wujiacshang, WUJINGJING, wuxiaoffjyui, xiachenglvrizayongpin, xianyouxianlichengchijiuchashanghang, xinixndianpu, XPing Store, XQXQSHOPAI, xueyupengsljdl, xungaigonggaoxianhangong, XYXD-106, Yankun Store, yaosiyouxhaya, YcHj, YuFanArt, ZhaiDuo, zhangyongmei0608, zhaobeibeidexiaodian, zhengyihuiF, zhengyixingyysy, zhihui poster, zhouhuazhao, ZiyangShop, zxcvedrg, zyhstore, daye04, fionac, fjxp17, guan02, guoke1233321, heng01, huafei05, kaiyanqia, keng01, lookpack, menyang, qiyuan03, rja2, tianlangstar, vikey13, xianstore01, xiao0002, xue04, you02, fun-art-mart, hey-wall-art, mbrian-4, xingmingart, xuando-49, Billy Thomas, BlossomTee, c6c6c6w8, caomeilan, duxiuanwang, f6f5f, gdgh546gxf8, geguoxiang36420, gulizhi37364, huanghaoran10994, jiangyu988924, jimengting123, lidongsheng01538, liuchang823, LiuSiqi1115, liuyawei, liwenzhi36407, lixiang54698, lvjingliang3058, mayanping5195, niujilong31232, qiaohongxia18593, qinying2588, ruilian foreign trade, s34442ws, SanD9, Sdkkadfa, shadow color, shaowanying159263, tangguo0807, tianyonghuan, W2W1W2, Wangbingna, yanghuachun16505, yuanxifu7890, zhangxiaojian5774, zhangyameng2533 and zhaobingqing9642786 added to case caption. (Gaudio, Justin) |
Filing 41
ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 10/2/2023. Mailed notice. (kl, )
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| Filing 40 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 10/2/2023: (rao, ) |
| Filing 39 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction #26 . A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction #26 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. (rao, ) |
| Filing 38 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A by dropping defendants No. 8 Music Official and No. 99 xingmingart #36 is granted. Plaintiff has filed the amended Schedule A on the docket #37 . Defendants No. 8 Music Official and No. 99 xingmingart are terminated with prejudice. (rao, ) |
| Filing 37 EXHIBIT by Plaintiff Robert Smith Amended Schedule A regarding exhibit #2 (Joseph, Justin) Modified on 10/2/2023 (kl, ). |
| Filing 36 MOTION by Plaintiff Robert Smith for Leave to Amend Schedule A to the Complaint Instanter (Joseph, Justin) |
| Filing 35 CERTIFICATE of Service by Justin Tyler Joseph on behalf of Robert Smith regarding set motion and R&R deadlines/hearings, #34 (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 34 MINUTE entry before the Honorable Martha M. Pacold: The deadline for defendants to appear and object to the preliminary injunction has passed #30 . Plaintiff should file by 9/29/2023 a certificate of service to confirm whether defendants were served. Plaintiff should also, by 9/29/2023, submit a new clean and track changes proposed preliminary injunction order to [email protected] reflecting the amended Schedule A as of that date. (rao, ) |
| Filing 33 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter #31 is granted. The amended Schedule A #32 is already on the docket. nannuqiu and WUJINGJING terminated. (rao, ) |
| Filing 32 EXHIBIT by Plaintiff Robert Smith Amended Schedule A regarding MOTION by Plaintiff Robert Smith for leave to file an Amended Schedule A to the Complaint instanter #31 (Joseph, Justin) Modified on 10/2/2023 (kl, ). |
| Filing 31 MOTION by Plaintiff Robert Smith for leave to file an Amended Schedule A to the Complaint instanter (Joseph, Justin) |
| Filing 30 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction #26 under advisement and will consider the motion unopposed if no defendant appears and objects by 9/21/2023. Plaintiff shall serve defendants with this notice. For the reasons stated in the Court's orders entering the TRO #21 , the TRO is extended to and including the date on which 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. (rao, ) |
| Filing 29 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A #24 is granted. Defendant No. 23 PuppyPets is terminated. Plaintiff has already filed an amended Schedule A on the docket #25 . Mailed notice (lxs, ) |
| Filing 28 SUMMONS Returned Executed by Robert Smith as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/8/2023, answer due 9/29/2023. (Attachments: #1 Declaration of Quinn B. Guillermo, #2 Exhibit A)(Guillermo, Quinn) |
| Filing 27 MEMORANDUM by Robert Smith in support of motion for preliminary injunction #26 (Attachments: #1 Declaration of Justin T. Joseph, #2 Exhibit 1)(Joseph, Justin) |
| Filing 26 MOTION by Plaintiff Robert Smith for preliminary injunction (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 25 EXHIBIT by Plaintiff Robert Smith Amended Schedule A regarding MOTION by Plaintiff Robert Smith for leave to file an Amended Schedule A to the Complaint instanter #24 (Joseph, Justin) Modified on 10/2/2023 (kl, ). |
| Filing 24 MOTION by Plaintiff Robert Smith for leave to file an Amended Schedule A to the Complaint instanter (Joseph, Justin) |
| Filing 23 SURETY BOND in the amount of $ 10,000.00 posted by Robert Smith. (Document not imaged) (td, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (axk, ) |
| Filing 22 TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 8/30/2023: (rao, ) Modified on 10/2/2023 (kl, ). |
| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions ( #13 , #18 ), the supporting memoranda ( #14 , #19 ) and the temporary restraining order, plaintiff's motions for electronic service of process #18 and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #13 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 defendants, 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 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. 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 genuinely intends to pursue an accounting, but at this preliminary stage, 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. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (rao, ) |
| 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 Robert Smith in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Robert Smith for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 EXHIBIT by Plaintiff Robert Smith Exhibit 2 Parts 1 - 7 regarding declaration #16 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3, #4 Exhibit 2-4, #5 Exhibit 2-5, #6 Exhibit 2-6, #7 Exhibit 2-7)(Gaudio, Justin) Modified on 10/2/2023 (kl, ). |
| Filing 16 DECLARATION of Emily Holt 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, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 14 MEMORANDUM by Robert Smith in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Robert Smith for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 12 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file Schedule A under seal #3 is granted. (rao, ) |
| Filing 11 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (kl, ) |
| Filing 10 MAILED Trademark report to Patent Trademark Office, Alexandria VA (kl, ) |
| Filing 9 ATTORNEY Appearance for Plaintiff Robert Smith by Quinn Bradley Guillermo (Guillermo, Quinn) |
| Filing 8 ATTORNEY Appearance for Plaintiff Robert Smith by Justin Tyler Joseph (Joseph, Justin) |
| Filing 7 ATTORNEY Appearance for Plaintiff Robert Smith by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 6 ATTORNEY Appearance for Plaintiff Robert Smith by Justin R. Gaudio (Gaudio, Justin) |
| Filing 5 Notice of Claims Involving Trademarks by Robert Smith (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Robert Smith for leave to file under seal (Gaudio, Justin) |
| Filing 2 EXHIBIT by Plaintiff Robert Smith Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 10/2/2023 (kl, ). |
| Filing 1 COMPLAINT filed by Robert Smith; Filing fee $ 402, receipt number AILNDC-20962660. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (jxm, ) |
| 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. (jxm, ) |
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