Dyson Technology Limited v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Dyson Technology Limited |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2023cv14092 |
| September 25, 2023 |
| US District Court for the Northern District of Illinois |
| LaShonda A Hunt |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Filing 33 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order #31 is granted. The TRO is extended to 12/5/23, for the reasons stated in the order granting the initial TRO #28 . Emailed notice. (cdh, ) |
| Filing 32 MEMORANDUM by Dyson Technology Limited in support of extension of time #31 (Attachments: #1 Declaration of Jake M. Christensen)(Christensen, Jake) |
| Filing 31 MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order (Christensen, Jake) |
| Filing 30 CIVIL BOND in the amount of $ 10,000 posted by Dyson Technology Limited. (DOCUMENT NOT SCANNED). (gcy, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (khg, ) |
| Filing 29 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 11/7/23. Emailed copy of Order to Plaintiff's Counsel. (cdh, ) |
| Filing 28 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, and Expedited Discovery #12 and Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #17 are 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. For the reasons stated on the record at the 11/7/23 hearing, 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 27 MINUTE entry before the Honorable LaShonda A. Hunt: Due to an unanticipated scheduling conflict, the Court must reset the telephonic hearing currently scheduled for 10/31/23, to 11/7/23, at 9:30 AM. The Court apologizes to the parties and their attorneys for any inconvenience. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Emailed notice. (cdh, ) |
| Filing 26 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 - Parts 1-2 regarding other #25 (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2)(Gaudio, Justin) |
| Filing 25 Supplemental Memorandum in support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order by Dyson Technology Limited Pursuant to #24 (Gaudio, Justin) |
| Filing 24 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's TRO motion #12 is set for telephonic hearing on 10/31/23, at 10:15 AM. Based on a review of the Amended Complaint #21 and evidence presented in support of the motion #14 , #15 , #16 , #23 , the Court questions whether Plaintiff has satisfied its burden with respect to whether some of the allegedly infringing products are indeed counterfeit or are actually genuine Dyson products being resold online or products marketed as compatible, not genuine. (See, e.g., Lane Dec., Revised Ex. 4 at 2, 4, 5, 12, 13, 17, 20, 21, Dkt. No. [23-1]). The allegations concerning these products are conclusory and lack detail about Plaintiff's basis for contending that the products are counterfeits, and the screenshot evidence does not alleviate the Court's concerns. Plaintiff may file a brief supplement to the TRO motion totaling 10 pages or less specifically explaining the basis for Plaintiff's belief or knowledge that such items are counterfeit, including the nature of Plaintiff's investigation or method for determining that the products are not genuine, by 10/30/23, before 12:00 PM, and counsel should be prepared to address these issues at the hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Emailed notice. (cdh, ) |
| Filing 23 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Revised Exhibit 4 regarding declaration #15 (Attachments: #1 Exhibit 4)(Gaudio, Justin) |
| Filing 22 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding amended complaint #21 (Gaudio, Justin) |
| Filing 21 AMENDED complaint by Dyson Technology Limited 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) |
| Filing 20 MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the Complaint #1 , the Court questions whether joinder of 79 defendants is appropriate in this case. Plaintiff alleges that it is "a world-famous technology company that designs, manufactures and distributes hair care products, such as hair stylers and hair dryers, as well as a variety of other products...." (Dkt. #1 at 3). Plaintiff filed this trademark infringement suit against 79 online retailers who are allegedly selling unauthorized products based on a variety of its trademarked products. (Id. at 2, 6-11). The Complaint alleges that Defendants have created numerous internet stores that "share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use[,]" (id. at 10), "establishing a logical relationship between them and that Defendants' counterfeiting operation arises out of the same transaction, occurrence, or series of transactions or occurrences." (Id. at 2). In addition, the Complaint alleges, among other things, that the unauthorized products "bear similar irregularities and indicia of being counterfeit to one another, suggesting that the Counterfeit Dyson Products may be manufactured by and come from a common source and that Defendants are interrelated[,]" and, on information and belief, that "Defendants, either individually or jointly, operate one or more e-commerce stores[,]" and "are in constant communication with each other[.]" (Id. at 6-10). Although the Complaint and attachments total 192 pages, 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 10/24/23. 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, and Expedited Discovery #12 and Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #17 are taken under advisement until the joinder issue is resolved. Emailed notice. (cdh, ) |
| Filing 19 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #18 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 18 MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief #17 (Gaudio, Justin) |
| Filing 17 MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 16 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 4 - Parts 1-4 regarding declaration #15 (Attachments: #1 Exhibit 4-1, #2 Exhibit 4-2, #3 Exhibit 4-3, #4 Exhibit 4-4)(Gaudio, Justin) |
| Filing 15 DECLARATION of Giles Samuel Lane regarding memorandum in support of motion #13 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 14 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #13 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 13 MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order #12 (Gaudio, Justin) |
| Filing 12 MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 11 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Under Seal #3 is granted. Schedule A attached to the Complaint and Exhibit 4 to the Declaration of Giles Samuel Lane may be filed under seal. Emailed notice. (cdh, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio (Gaudio, Justin) |
| 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, ) |
| CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (jxm, ) |
| Filing 9 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham (Burnham, Andrew) |
| Filing 8 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Jake Michael Christensen (Christensen, Jake) |
| Filing 7 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain (Crain, Lawrence) |
| Filing 6 Notice of Claims Involving Trademarks by Dyson Technology Limited (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Dyson Technology Limited for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Dyson Technology Limited; Filing fee $ 402, receipt number AILNDC-21142874. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
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| Plaintiff: Dyson Technology Limited | |
| Represented By: | Lawrence J. Crain |
| Represented By: | Andrew Daniel Burnham |
| Represented By: | Jake Michael Christensen |
| Represented By: | Justin R. Gaudio |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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