Roblox Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Roblox Corporation |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto and The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 1:2023cv07873 |
| September 8, 2023 |
| US District Court for the Northern District of Illinois |
| LaShonda A Hunt |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Both |
Docket Report
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| Document Text |
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| Filing 32 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 11/6/23. Emailed notice to Plaintiff's Counsel. (cdh, ) |
| Filing 31 MINUTE entry before the Honorable LaShonda A. Hunt: 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 #10 is granted. Plaintiff's written submissions establish that if Defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating Plaintiff's interests in identifying Defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to Plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace Defendants. Expedited discovery is warranted to identify Defendants and implement the asset freeze. If any Defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Emailed notice. (cdh, ) |
| Filing 30 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (aee, ) |
| Filing 29 MAILED trademark report to Patent Trademark Office, Alexandria VA. (Attachments: #1 Trademarks)(aee, ) |
| Filing 28 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit AA (Hierl, Michael) |
| Filing 27 MEMORANDUM by Roblox Corporation Plaintiff's Memorandum in Support of Joinder (Hierl, Michael) |
| Filing 26 SEALED DOCUMENT by Plaintiff Roblox Corporation Amended Schedule A (Hierl, Michael) |
| Filing 25 AMENDED complaint by Roblox Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| Filing 24 MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the Complaint #1 , the Court questions whether joinder of 244 defendants is appropriate in this case. Plaintiff alleges that it "is in the business of developing, marketing, selling, distributing, and licensing ROBLOX branded products." (Dkt. #1 at 3). Plaintiff filed this trademark infringement suit against 244 online retailers who are allegedly selling unauthorized products based on a variety of its registered trademarks. (Id. at 4-6). The Complaint alleges that Defendants have created numerous internet stores that "share unique identifiers, such as design elements and similarities of the counterfeit products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences. " (Id. at 2). In addition, the Complaint alleges, among other things, that Defendants are part of an interworking operation, "Defendants' Internet Stores bear similarities and indicia of being related to one another, suggesting that the counterfeit products were manufactured by a common source and that Defendants are interrelated[,]" and, on information and belief, that "Defendants are in constant communication with each other[.]" (Id. at 6-10). The Complaint and attachments total only 20 pages, and those are the only allegations offered to establish a connection between all the defendants. Such conclusory and speculative statements, however, do not satisfy the principles described in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). Accordingly, Plaintiff is ordered to file a supplemental memorandum addressing the propriety of joinder by 11/1/23. Alternatively, by the same date, Plaintiff is granted leave to file an amended complaint with a smaller subset of defendants that includes specific allegations supporting joinder. 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 #10 is taken under advisement until the joinder issue is resolved. Emailed notice. (cdh, ) |
| Filing 23 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Exceed Page Limitation #9 is granted. Plaintiff is granted leave to file its 28-page ex parte motion for entry of a temporary restraining order #10 #11 instanter. Emailed notice. (cdh, ) |
| Filing 22 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Under Seal #6 is granted. Schedule A to the Complaint #7 and Exhibit 2 to the Declaration of Christian Bayley #12 #13 #14 #15 #16 #17 #18 #19 #20 shall remain under seal. Emailed notice. (cdh, ) |
| Filing 21 Notice of Claims Involving Trademarks by Roblox Corporation (Hierl, Michael) |
| Filing 20 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 9 of Bayley Declaration (Hierl, Michael) |
| Filing 19 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 8 of Bayley Declaration (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 7 of Bayley Declaration (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 6 of Bayley Declaration (Hierl, Michael) |
| Filing 16 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 5 of Bayley Declaration (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 4 of Bayley Declaration (Hierl, Michael) |
| Filing 14 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 3 of Bayley Declaration (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 2 of Bayley Declaration (Hierl, Michael) |
| Filing 12 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 1 of Bayley Declaration (Hierl, Michael) |
| Filing 11 MEMORANDUM by Roblox Corporation in support of motion for temporary restraining order, #10 (Attachments: #1 Declaration Bayley Declaration, #2 Exhibit 1, #3 Declaration Hierl Declaration, #4 Exhibit Hierl Exhibit 1, #5 Exhibit Hierl Exhibit 2, #6 Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Filing 10 MOTION by Plaintiff Roblox Corporation 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 Roblox Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. 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 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Roblox Corporation (Hierl, Michael) |
| Filing 7 SEALED DOCUMENT by Plaintiff Roblox Corporation Sealed Schedule A (Hierl, Michael) |
| Filing 6 MOTION by Plaintiff Roblox Corporation to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 5 ATTORNEY Appearance for Plaintiff Roblox Corporation by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Roblox Corporation by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Roblox Corporation by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Roblox Corporation; Jury Demand. Filing fee $ 402, receipt number AILNDC-21023763. (Attachments: #1 Exhibit 1)(Hierl, Michael) |
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| Plaintiff: Roblox Corporation | |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Michael A. Hierl |
| Represented By: | Robert Payton Mcmurray |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto | |
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