FCA US LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A
FCA US LLC |
The Partnerships and Unincorporated Associations Identified on Schedule A, Ceiling Tower, Consunsine, EMIAOTO, guangzhousongtaishangmaoyouxiangongsi, HANNAshangmao, hsgbgaojiaxx, JinYunfinds, JLLidcy, kaichaojingpin, KALLC, Kexin Industry, KK sign, Liberty Auto Parts, machengchengnannvzhuang, miaomiaocao, putianshiaoshenglushangmaoyouxiangongsi, PuTianShiXiuYuQuDongQiaoTianCiHaiDaiYangZhiChang, rich and colorful, shiliwenshangmaoyou, ting mall, Westeran, wow auto, wuwa, xiaixajingpin, XiangLiBingXIAOdian, XIAOMINGMING STORE, xiejianxibianlidian, xuan-autoparts1688, XueLiang Zhu, YAFENJIE, yanyuzhendedianpu, Yeepin, youqii4, zeyubaodan, zhangyuhhiou, zhongshanxianbushanmaoyi, Zuo Neon Signs, aimotive, andrew23282, auto.car-1o6kt, auto-interior-trim, autopart933, autopartsdirect2012, bgmpartsauto, bill8851, carpartsbox6, chens52, conavaparts, corettaa, demaparts, fitting_marketplace, flashemotor, fubao2023, galaxilver, gandatradin0, hellosara282, huangdongjie, huihuang878, huyujie, kxgyl2021, lhvr34198, liuqiaoqiao02, original_marketplace, orlid-auto, pacotb, robert_5357, seemotorautoes, shaguoqing81912, shengtu1220, shengtu1225, shtdlsp, sky_auto2018, sxk615964538, tm-spower2, topautopars, victocar, xlwa-96, zhiqeterer, Geartronicspart, Gearzaar, afksdhfkasdf7893fds, Batallarey, beatgift, Carlton Riles, Chenhao8487, Chenjiang4609, Chien Tachete, cnowd788sd, Connie Shaffer, DANYELL CHILDS, diversion, EFSVC, feifeixiang, Global online shopping, haandita, hfeilsu6g, iaydgw, jiashengweioop, joystor, Leconiso, LinkGo Global, liuhui51621, Liyour, MMMBIGSTORE, orytduyertwaer, Panda360, pengdengjia22775, pengwenwen32927, Pundjsiaages, Quitazucas, Robert Daubert, S Life S, safdsfgw store, ShaoBing-Store, Sheyenne Perla, sko4h89t, Snow red business, sunrihua, syjaskjdhhasn, tmxkausgdab, Triatlon, wangyongxu77384, WEJRM, wenhuaren, wfpSimple, wwff2, xiaoshiweiweida, Xiaoyu Fashion Shop, Xyjuntops and zushiriku |
1:2023cv15081 |
October 18, 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
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 42 AMENDED exhibit #2 Amended Schedule A (Halpern, Kahlia) |
Filing 41 MOTION by Plaintiff FCA US LLC for Leave to Amend Schedule A to the Complaint instanter (Halpern, Kahlia) |
Filing 40 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter #38 is granted. Plaintiff has already filed an amended Schedule A on the docket #39 . Defendants autopartsdirect2012, bill8851, carpartsbox6, kxgyl2021, robert_5357, andrew23282 and autopart933 are dismissed. (rao, ) |
Filing 39 AMENDED exhibit #2 Amended Schedule A (Halpern, Kahlia) |
Filing 38 MOTION by Plaintiff FCA US LLC for Leave to Amend Schedule A to the Complaint instanter (Halpern, Kahlia) |
Filing 36 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter #34 is granted. Defendants knowledge sign decor store, LederleiterUSA, TTA Sign Store, attemperator11, bestworld888, carengine-37, Carguardus, Carpartsauto, Cycad, d51msport, feikui-motors, Fireballuk, funforu_e, juneberry_uk, lihuake-6019, ludaxiaa, magicstore18, motors-coyle, parttingtrade, Powerautos, powercartool-2023, shjo734, Undergarage, Usvisors, vehicleworld888, wanyibei, xinghang, and yf-fullhouse are dismissed. Plaintiff has already filed an amended Schedule A on the docket #35 . (rao, ) |
NEW PARTIES: Ceiling Tower, Consunsine, EMIAOTO, guangzhousongtaishangmaoyouxiangongsi, HANNAshangmao, hsgbgaojiaxx, JinYunfinds, JLLidcy, kaichaojingpin, KALLC, Kexin Industry, KK sign, Liberty Auto Parts, machengchengnannvzhuang, miaomiaocao, putianshiaoshenglushangmaoyouxiangongsi, PuTianShiXiuYuQuDongQiaoTianCiHaiDaiYangZhiChang, rich and colorful, shiliwenshangmaoyou, ting mall, Westeran, wow auto, wuwa, xiaixajingpin, XiangLiBingXIAOdian, XIAOMINGMING STORE, xiejianxibianlidian, xuan-autoparts1688, XueLiang Zhu, YAFENJIE, yanyuzhendedianpu, Yeepin, youqii4, zeyubaodan, zhangyuhhiou, zhongshanxianbushanmaoyi, Zuo Neon Signs, aimotive, andrew23282, auto.car-1o6kt, auto-interior-trim, autopart933, autopartsdirect2012, bgmpartsauto, bill8851, carpartsbox6, chens52, conavaparts, corettaa, demaparts, fitting_marketplace, flashemotor, fubao2023, galaxilver, gandatradin0, hellosara282, huangdongjie, huihuang878, huyujie, kxgyl2021, lhvr34198, liuqiaoqiao02, original_marketplace, orlid-auto, pacotb, robert_5357, seemotorautoes, shaguoqing81912, shengtu1220, shengtu1225, shtdlsp, sky_auto2018, sxk615964538, tm-spower2, topautopars, victocar, xlwa-96, zhiqeterer, Geartronicspart, Gearzaar, afksdhfkasdf7893fds, Batallarey, beatgift, Carlton Riles, Chenhao8487, Chenjiang4609, Chien Tachete, cnowd788sd, Connie Shaffer, DANYELL CHILDS, diversion, EFSVC, feifeixiang, Global online shopping, haandita, hfeilsu6g, iaydgw, jiashengweioop, joystor, Leconiso, LinkGo Global, liuhui51621, Liyour, MMMBIGSTORE, orytduyertwaer, Panda360, pengdengjia22775, pengwenwen32927, Pundjsiaages, Quitazucas, Robert Daubert, S Life S, safdsfgw store, ShaoBing-Store, Sheyenne Perla, sko4h89t, Snow red business, sunrihua, syjaskjdhhasn, tmxkausgdab, Triatlon, wangyongxu77384, WEJRM, wenhuaren, wfpSimple, wwff2, xiaoshiweiweida, Xiaoyu Fashion Shop, Xyjuntops and zushiriku added to case caption. (Halpern, Kahlia) |
Filing 37 ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 11/30/2023: Mailed notice(daj, ) |
Filing 35 AMENDED exhibit #2 Amended Schedule A (Halpern, Kahlia) |
Filing 34 MOTION by Plaintiff FCA US LLC for Leave to Amend Schedule A to the Complaint instanter (Halpern, Kahlia) |
Filing 33 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 11/30/2023: (rao, ) (Main Document 33 replaced on 11/30/2023) (rao, ). |
Filing 32 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 31 CERTIFICATE of Service by Plaintiff FCA US LLC regarding set motion and R&R deadlines/hearings, #30 (Attachments: #1 Exhibit A, #2 Exhibit B)(Halpern, Kahlia) |
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 11/29/2023. Plaintiff shall serve defendants with this notice. 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). (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. 22 sssshope is terminated. Plaintiff has already filed an amended Schedule A on the docket #25 . (rao, ) |
Filing 28 SUMMONS Returned Executed by FCA US LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/20/2023, answer due 12/11/2023. (Attachments: #1 Declaration of Berel Y. Lakovitsky, #2 Exhibit A)(Lakovitsky, Berel) |
Filing 27 MEMORANDUM by FCA US LLC in support of motion for preliminary injunction #26 (Attachments: #1 Declaration of Kahlia R. Halpern, #2 Exhibit 1)(Halpern, Kahlia) |
Filing 26 MOTION by Plaintiff FCA US LLC for preliminary injunction (Attachments: #1 Exhibit A)(Halpern, Kahlia) |
Filing 25 AMENDED exhibit #2 Amended Schedule A (Halpern, Kahlia) |
Filing 24 MOTION by Plaintiff FCA US LLC for Leave to Amend Schedule A to the Complaint Instanter (Halpern, Kahlia) |
Filing 23 SURETY BOND in the amount of $ 10,000 posted by FCA US LLC (Document not scanned.) (lw, ) |
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (khg, ) |
Filing 22 TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/9/2023: (rao, ) Modified on 12/1/2023 (daj, ). |
Filing 21 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff FCA US LLC's motion for leave to file under seal #3 is granted. Plaintiff's motions for electronic service of process #18 and a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, #13 are granted for the reasons set forth in plaintiff's supporting memoranda #14 , #19 , declarations #15 , #16 , #20 , and exhibits #17 . 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. Plaintiff's proffered evidence of defendants' active infringement and sales into Illinois shows a substantial likelihood of success on the merits; the harm to plaintiff is irreparable; and the injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it would effectively communicate 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 against 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 FCA US LLC in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
Filing 18 MOTION by Plaintiff FCA US LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
Filing 17 Declaration of Thomas H. Hipelius Exhibit 2 Parts 1-10 by Plaintiff FCA US LLC Exhibit 2 - Parts 1-10 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, #8 Exhibit 2-8, #9 Exhibit 2-9, #10 Exhibit 2-10)(Gaudio, Justin) Modified on 12/1/2023 (daj, ). |
Filing 16 DECLARATION of Thomas H. Hipelius 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 FCA US LLC in support of motion for temporary restraining order #13 (Gaudio, Justin) |
Filing 13 MOTION by Plaintiff FCA US LLC 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. (daj, ) |
Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA. (daj, ) |
Filing 10 ATTORNEY Appearance for Plaintiff FCA US LLC by Berel Yonathan Lakovitsky (Lakovitsky, Berel) |
Filing 9 ATTORNEY Appearance for Plaintiff FCA US LLC by Kahlia Roe Halpern (Halpern, Kahlia) |
Filing 8 ATTORNEY Appearance for Plaintiff FCA US LLC by Amy Crout Ziegler (Ziegler, Amy) |
Filing 7 ATTORNEY Appearance for Plaintiff FCA US LLC by Justin R. Gaudio (Gaudio, Justin) |
Filing 6 Notice of Claims Involving Trademarks by FCA US LLC (Gaudio, Justin) |
Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by FCA US LLC (Gaudio, Justin) |
Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
Filing 3 MOTION by Plaintiff FCA US LLC for leave to file under seal (Gaudio, Justin) |
Filing 2 Schedule A by Plaintiff FCA US LLC Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 12/1/2023 (daj, ). |
Filing 1 COMPLAINT filed by FCA US LLC; Filing fee $ 402, receipt number AILNDC-21232994. (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 T. Gilbert. Case assignment: Random assignment. (Civil Category 2). (mcp, ) |
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, ) |
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