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, liberty brands, Veskaoty, Joyin Direct, what america buys and Amanda Creation, LLC |
| 1:2023cv14925 |
| October 16, 2023 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 49 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Certain Defendants (Hierl, Michael) |
| Filing 48 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 107 (Hierl, Michael) |
| Filing 47 MOTION by Defendant Amanda Creation, LLCTermination of Assets Restraint (Attachments: #1 Exhibit Amazon communiction showing descriptor., #2 Exhibit USPTO Reg 5406332)(Weigler, Steven) |
| Filing 46 ATTORNEY Appearance for Defendant Amanda Creation, LLC by Steven Weigler (Weigler, Steven) |
| Filing 45 MOTION by Defendant what america buysto dissolve tro (Attachments: #1 Declaration in support)(Rosenbaum, Cory) |
| Filing 44 ATTORNEY Appearance for Defendant what america buys by Cory Jay Rosenbaum (Rosenbaum, Cory) |
| Filing 43 ATTORNEY Appearance for Defendant what america buys by Leslie Rafalli Gillis (Gillis, Leslie) |
| Filing 42 ATTORNEY Appearance for Defendant Joyin Direct by David Randolph Bennett (Bennett, David) |
| Filing 41 MINUTE entry before the Honorable John F. Kness: The hearing #37 set for 12/13/23 remains an in-person hearing, but attorney David Silver was permitted to appear telephonically #40 . The following dial-in information is to be used: call-in number 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice. (kp, ) |
| Filing 40 MINUTE entry before the Honorable John F. Kness: Attorney David Silver's motion #39 for leave to appear telephonically at the hearing scheduled #37 for 12/13/2023 is granted, reluctantly and for the 12/13/2023 hearing only. At that hearing, counsel should be prepared to explain why he filed an appearance form #30 that bears a local business address, when, in fact, counsel is physically located in Nevada but practices under a California law license. More generally, counsel is reminded that remote appearances do not occur by right. To the extent counsel may assert that it would be unfair to require him to appear in person at future hearings in this Court, counsel is reminded that he elected to file an appearance in a case pending in the Northern District of Illinois. Mailed notice (jfk) |
| Filing 39 MOTION by Defendant Veskaoty for leave to appear as TELEPHONICALLY AT HEARING REGARDING PLAINTIFF'S EX PARTE MOTION TO EXTEND THE TEMPORARY RESTRAINING ORDER (Silver, David) |
| Filing 38 ATTORNEY Appearance for Defendant Joyin Direct by Timothy Tiewei Wang (Wang, Timothy) |
| Filing 37 MINUTE entry before the Honorable John F. Kness: An in-person Motion Hearing on plaintiff's motion for extension of time #31 is set for 12/13/2023 at 09:30 a.m. in Courtroom 2125. Mailed notice. (exr, ) |
| Filing 36 letter requesting a hearing by liberty brands (Gillis, Leslie) |
| Filing 35 RESPONSE by liberty brandsin Opposition to MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order #31 (Attachments: #1 Declaration in support)(Rosenbaum, Cory) |
| Filing 34 Letter regarding Ex Parte TRO Extension by Veskaoty and Requesting a Briefing Schedule or Hearing (Silver, David) |
| Filing 33 Letter regarding TRO extension requested by Plaintiff by liberty brands (Rosenbaum, Cory) |
| Filing 32 SURETY BOND in the amount of $ 10,000 posted by Emoji Company GmbH. (Document not imaged) (nsf, ) |
| Filing 31 MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 30 ATTORNEY Appearance for Defendant Veskaoty by David Silver (Silver, David) |
| Filing 29 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 154 (Hierl, Michael) |
| Filing 28 ATTORNEY Appearance for Defendant liberty brands by Leslie Rafalli Gillis (Gillis, Leslie) |
| Filing 27 ATTORNEY Appearance for Defendant liberty brands by Cory Jay Rosenbaum (Rosenbaum, Cory) |
| Filing 26 NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 143 (Hierl, Michael) |
| Filing 25 SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 11/27/2023. (ags) |
| Filing 24 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal #6 , motion for leave to file excess pages #9 , and ex parte motion for a temporary restraining order and other relief #10 are granted. Plaintiff's submissions (e.g., Dkt. #11 ) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries #7 and #12 through #22 . The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit and infringing goods, and 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 effectively communicates the pendency of this action to Defendants. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. The disabling of internet stores is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice (ags) |
| 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-21222474. (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. (mek,) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Keri L Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). (mek,) |
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