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 |
| 1:2023cv15148 |
| October 19, 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 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 42 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #41 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 41 MEMORANDUM by Dyson Technology Limited in support of motion for entry of default, motion for default judgment #40 (Attachments: #1 Exhibit 1)(Christensen, Jake) |
| Filing 40 MOTION by Plaintiff Dyson Technology Limited for entry of default , MOTION by Plaintiff Dyson Technology Limited for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Christensen, Jake) |
| Filing 39 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin Tyler Joseph (Joseph, Justin) |
| Filing 38 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter #36 is granted. Defendants No. 27 charleman04 and No. 28 charleman05 are dismissed. Plaintiff has already filed an Amended Schedule A on the docket #37 . (rao, ) |
| Filing 37 AMENDED exhibit #2 Amended Schedule A (Christensen, Jake) |
| Filing 36 MOTION by Plaintiff Dyson Technology Limitedfor Leave to Amend Schedule A to the Complaint Instanter (Christensen, Jake) |
| Filing 35 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter #33 is granted. Defendant No. 9 HUAZHIMU JP is dismissed. Plaintiff has already filed an Amended Schedule A on the docket #34 . Plaintiff should submit a new proposed preliminary injunction order by 12/8/23. (rao, ) |
| Filing 34 AMENDED exhibit #2 Amended Schedule A (Christensen, Jake) |
| Filing 33 MOTION by Plaintiff Dyson Technology Limitedfor Leave to Amend Schedule A to the Complaint Instanter (Christensen, Jake) |
| Filing 32 CERTIFICATE of Service by Plaintiff Dyson Technology Limited regarding set motion and R&R deadlines/hearings,,,, #31 (Attachments: #1 Exhibit A)(Christensen, Jake) |
| Filing 31 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for entry of a preliminary injunction #28 . The court has taken the motion for preliminary injunction #28 under advisement and will consider the motion unopposed if no defendant appears and objects by 12/8/2023. Plaintiff shall serve defendants with this notice and file a certificate of service. For the reasons stated in the Court's orders entering and extending the TRO, as well as in plaintiff's memorandum in support of plaintiff's motion for preliminary injunction #29 , 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). Because 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 30 SUMMONS Returned Executed by Dyson Technology Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/22/2023, answer due 12/13/2023. (Attachments: #1 Declaration of Andrew D. Burnham, #2 Exhibit A)(Burnham, Andrew) |
| Filing 29 MEMORANDUM by Dyson Technology Limited in support of motion for preliminary injunction #28 (Attachments: #1 Declaration of Jake M. Christensen, #2 Exhibit 1)(Christensen, Jake) |
| Filing 28 MOTION by Plaintiff Dyson Technology Limited for preliminary injunction (Attachments: #1 Exhibit A)(Christensen, Jake) |
| Filing 27 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter #25 is granted. Defendant No. 4 ECOJIA is terminated with prejudice. Plaintiff has already filed an Amended Schedule A on the docket #26 . (rao, ) |
| Filing 26 AMENDED exhibit #2 Amended Schedule A (Christensen, Jake) |
| Filing 25 MOTION by Plaintiff Dyson Technology Limitedfor Leave to Amend Schedule A to the Complaint Instanter (Christensen, Jake) |
| Filing 24 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO #22 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO #20 entered on 10/31/2023 is extended until 11/28/2023. (rao, ) |
| Filing 23 MEMORANDUM by Dyson Technology Limited in support of extension of time #22 (Attachments: #1 Declaration of Jake M. Christensen)(Christensen, Jake) |
| Filing 22 MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order (Christensen, Jake) |
| Filing 21 INJUNCTION BOND in the amount of $ $10,000.00 posted by Dyson Technology Limited. (Document not scanned). (jj, ) |
| Filing 20 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 10/31/2023: (rao, ) |
| Filing 19 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions #3 , #11 , #16 filed by plaintiff Dyson Technology Limited, the supporting memoranda #12 , #17 , and the temporary restraining order, plaintiff's motions for electronic service of process #16 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #11 are 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. 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 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 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, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (mcp, ) |
| Filing 18 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 17 MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief #16 (Gaudio, Justin) |
| Filing 16 MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 15 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 4 - Parts 1-3 regarding declaration #14 (Attachments: #1 Exhibit 4-1, #2 Exhibit 4-2, #3 Exhibit 4-3)(Gaudio, Justin) |
| Filing 14 DECLARATION of Giles Samuel Lane regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 13 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 12 MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order #11 (Gaudio, Justin) |
| Filing 11 MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (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 10 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain (Crain, Lawrence) |
| 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 Justin R. Gaudio (Gaudio, Justin) |
| 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) Docket Text Modified by Clerk's Office on 10/19/2023 (jh, ). |
| 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-21240663. (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: | Andrew Daniel Burnham |
| Represented By: | Jake Michael Christensen |
| Represented By: | Justin R. Gaudio |
| Represented By: | Lawrence J. Crain |
| Represented By: | Justin Tyler Joseph |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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