Bulgari, S.p.A. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Bulgari, S.p.A. |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2023cv14359 |
| October 2, 2023 |
| US 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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This docket was last retrieved on December 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 38 AMENDED exhibit #2 Amended Schedule A (Gaudio, Justin) |
| Filing 37 MOTION by Plaintiff Bulgari, S.p.A. for Leave to Amend Schedule A to the Complaint instanter (Gaudio, Justin) |
| Filing 36 SUMMONS Returned Executed by Bulgari, S.p.A. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/27/2023, answer due 12/18/2023. (Attachments: #1 Declaration of Quinn B. Guillermo, #2 Exhibit A)(Guillermo, Quinn) |
| Filing 35 ATTORNEY Appearance for Plaintiff Bulgari, S.p.A. by Rachel S Miller (Miller, Rachel) |
| Filing 34 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter #32 is granted. Defendants No. 3 BM Jewelry Store, No. 69 mdxka, No. 71 mz_fashionablewatch Store, and No. 81 showecomfort01 are terminated with prejudice. Plaintiff has already filed an Amended Schedule A on the docket #33 . (rao, ) |
| Filing 33 AMENDED exhibit #2 Amended Schedule A (Gaudio, Justin) |
| Filing 32 MOTION by Plaintiff Bulgari, S.p.A.for Leave to Amend Schedule A to the Complaint Instanter (Gaudio, Justin) |
| Filing 31 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter #29 is granted. Defendants No. 32 chshopping_store, and No. 60 john1172020 are terminated with prejudice. Plaintiff has already filed an Amended Schedule A on the docket #30 . (rao, ) |
| Filing 30 AMENDED exhibit #2 Amended Schedule A (Gaudio, Justin) |
| Filing 29 MOTION by Plaintiff Bulgari, S.p.A. for Leave to Amend Schedule A to the Complaint instanter (Gaudio, Justin) |
| Filing 28 ATTORNEY Appearance for Plaintiff Bulgari, S.p.A. by Quinn Bradley Guillermo (Guillermo, Quinn) |
| Filing 27 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction #24 under advisement and will consider the motion unopposed if no defendant appears and objects by 10/30/2023. Plaintiff shall serve defendants with this notice. For the reasons stated in the Court's order entering the TRO, as well as in Plaintiff's motion #26 , the TRO is further 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). In the event 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 26 SUMMONS Returned Executed by Bulgari, S.p.A. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/18/2023, answer due 11/8/2023. (Attachments: #1 Declaration of Thomas J. Juettner, #2 Exhibit A)(Juettner, Thomas) |
| Filing 25 MEMORANDUM by Bulgari, S.p.A. in support of motion for preliminary injunction #24 (Attachments: #1 Declaration of Kahlia R. Halpern, #2 Exhibit 1)(Halpern, Kahlia) |
| Filing 24 MOTION by Plaintiff Bulgari, S.p.A. for preliminary injunction as to certain Defendants (Attachments: #1 Exhibit A)(Halpern, Kahlia) |
| Filing 23 SURETY BOND in the amount of $ 10,000.00 posted by Bulgari, S.p.A. (Document not scanned) (ph, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (mcp, ) |
| Filing 22 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 10/9/2023: (rao, ) |
| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motion for leave to file under seal #3 is granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #13 is 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. 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 timely appears and objects, the court will revisit the asset freeze and joinder. Additionally, plaintiff's motion for electronic service of process #18 is granted. 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. 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 Bulgari, S.p.A. in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Bulgari, S.p.A. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 SEALED EXHIBIT by Plaintiff Bulgari, S.p.A. Exhibit 5 - Parts 1-4 regarding declaration #16 (Attachments: #1 Exhibit 5-1, #2 Exhibit 5-2, #3 Exhibit 5-3, #4 Exhibit 5-4)(Gaudio, Justin) |
| Filing 16 DECLARATION of Laurence Morel-Chevillet regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(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 Bulgari, S.p.A. in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Bulgari, S.p.A. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (rc, ) |
| Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA. (rc, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Bulgari, S.p.A. by Thomas Joseph Juettner (Juettner, Thomas) |
| Filing 9 ATTORNEY Appearance for Plaintiff Bulgari, S.p.A. by Kahlia Roe Halpern (Halpern, Kahlia) |
| Filing 8 ATTORNEY Appearance for Plaintiff Bulgari, S.p.A. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff Bulgari, S.p.A. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Bulgari, S.p.A. (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bulgari, S.p.A. (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Bulgari, S.p.A. for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Bulgari, S.p.A. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Bulgari, S.p.A.; Filing fee $ 402, receipt number AILNDC-21172714. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(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. (mcp, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (mcp, ) |
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| Plaintiff: Bulgari, S.p.A. | |
| Represented By: | Amy Crout Ziegler |
| Represented By: | Kahlia Roe Halpern |
| Represented By: | Thomas Joseph Juettner |
| Represented By: | Justin R. Gaudio |
| Represented By: | Quinn Bradley Guillermo |
| Represented By: | Rachel S Miller |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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