NHL Enterprises, L.P. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| NHL Enterprises, L.P. |
| The Partnerships and Unincorporated Associations Identified on Schedule A and topnhlfan.com |
| 1:2023cv15187 |
| October 20, 2023 |
| US District Court for the Northern District of Illinois |
| Nancy L Maldonado |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| NEW PARTIES: topnhlfan.com added to case caption. (Martin, Allyson) |
| Filing 35 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 11/30/2023.(ca, ) |
| Filing 34 MINUTE entry before the Honorable Nancy L. Maldonado:Motion hearing held on 11/30/2023 via WebEx video conference on Plaintiff's motion for preliminary injunction #28 . Defendant was not present. Plaintiff's motion for preliminary injunction #28 is therefore granted. Enter preliminary injunction order. The Clerk is requested to unseal Schedule A to the Amended Complaint #14 , Exhibit 1 to the Declaration of Lindsay Conn #20 and the TRO #27 . Plaintiff's counsel is directed to ensure that the defendant listed on the Amended Schedule A is added to the court's docket within five business days. Instructions for adding a party to the docket can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. (ca, ) |
| Filing 33 ATTORNEY Appearance for Plaintiff NHL Enterprises, L.P. by Rachel S Miller (Miller, Rachel) |
| Filing 32 CERTIFICATE of Service by Plaintiff NHL Enterprises, L.P. regarding set/reset hearings,,, #31 (Attachments: #1 Exhibit A)(Martin, Allyson) |
| Filing 31 MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for preliminary injunction #28 is set for hearing on 11/30/23 at 11:00 a.m. by WebEx video conference. The dial-in number for the public is: 650-479-3207; access code is: 23147269613. The parties will receive a WebEx invitation by email. Any Defendants opposing the motion for preliminary injunction may file a written objection prior to the hearing on 11/30/23 and should appear at the hearing. As the preliminary injunction hearing is set for a date after the TRO is set to expire, the Court finds good cause to extend the TRO through 11/30/23. Plaintiff shall serve a copy of their preliminary injunction motion and this minute entry on Defendant. Plaintiff shall also file a certificate of service, confirming they have served Defendant with notice of this hearing. (ca, ) |
| Filing 30 SUMMONS Returned Executed by NHL Enterprises, L.P. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/7/2023, answer due 11/28/2023. (Attachments: #1 Declaration of Kahlia R. Halpern, #2 Exhibit A)(Halpern, Kahlia) |
| Filing 29 MEMORANDUM by NHL Enterprises, L.P. in support of motion for preliminary injunction #28 (Attachments: #1 Declaration of Allyson M. Martin, #2 Exhibit 1)(Martin, Allyson) |
| Filing 28 MOTION by Plaintiff NHL Enterprises, L.P. for preliminary injunction (Attachments: #1 Exhibit A)(Martin, Allyson) |
| CHECK BOND in the amount of $ 1000 Receipt 4624292924 posted by NHL Enterprises, L.P. (khg, ) |
| Filing 26 Registry Deposit Information Form by NHL Enterprises, L.P. (Martin, Allyson) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (mcp, ) |
| Filing 27 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Nancy L. Maldonado on 10/27/2023. Mailed notice. (lw, ) |
| Filing 25 MINUTE entry before the Honorable Nancy L. Maldonado: The Court has received Plaintiff's motion for a temporary restraining order #16 and motion for electronic service of process #22 . For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the TRO, Plaintiff's motions for electronic service of process and for a TRO, including a temporary injunction, a temporary transfer of the domain names, a temporary asset restraint, and expedited discovery #17 , 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 the individuals and entities operating Defendant online seller, stopping Defendant's 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 a sale 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 Defendant. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendants and to implement the asset freeze. In light of the Supreme Court's holding in Abitron Austria GmbH v. Hetronic International, Inc., 600 U.S. 412 (2023) that 1114(1)(a) and 1125(a)(1) of the Lanham Act do not have extraterritorial application, Plaintiff should attempt to seek discovery that identifies where Defendant used Plaintiff's marks in commerce. Plaintiff shall deposit with the Clerk of Court one thousand dollars ($1,000.00), either cash or surety bond, as security. (ca, ) |
| Filing 24 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #23 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 23 MEMORANDUM by NHL Enterprises, L.P. in support of motion for miscellaneous relief #22 (Gaudio, Justin) |
| Filing 22 MOTION by Plaintiff NHL Enterprises, L.P. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 21 DECLARATION of Thomas H. Prochnow regarding memorandum in support of motion #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 20 SEALED EXHIBIT by Plaintiff NHL Enterprises, L.P. Exhibit 1 regarding declaration #19 (Gaudio, Justin) |
| Filing 19 DECLARATION of Lindsay Conn regarding memorandum in support of motion #17 (Gaudio, Justin) |
| Filing 18 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 17 MEMORANDUM by NHL Enterprises, L.P. in support of motion for temporary restraining order #16 (Gaudio, Justin) |
| Filing 16 MOTION by Plaintiff NHL Enterprises, L.P. for temporary restraining order Including a Temporary Injunction, Temporary Transfer of the Domain Names, Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 15 MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for leave to file certain documents under seal #3 is granted for the reasons stated in the motion. Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. The P'ships & Uninc. Ass'ns Identified on Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and by 11/27/2023 file a supplemental memorandum addressing the propriety of joinder of these specific Defendants. In lieu of a supplemental memorandum justifying the joinder of all 79 Defendants, by the same deadline Plaintiff may file an amended schedule A with a subset of the defendants along with a memo explaining why joinder of those defendants is proper. (ca, ) |
| Filing 14 SEALED EXHIBIT by Plaintiff NHL Enterprises, L.P. Schedule A regarding amended complaint #13 (Gaudio, Justin) |
| Filing 13 AMENDED complaint by NHL Enterprises, L.P. 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 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (nsf, ) |
| Filing 11 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (nsf, ) |
| 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, ) |
| CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (axk, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff NHL Enterprises, L.P. by Kahlia Roe Halpern (Halpern, Kahlia) |
| Filing 9 ATTORNEY Appearance for Plaintiff NHL Enterprises, L.P. by Allyson M. Martin (Martin, Allyson) |
| Filing 8 ATTORNEY Appearance for Plaintiff NHL Enterprises, L.P. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff NHL Enterprises, L.P. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by NHL Enterprises, L.P. (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NHL Enterprises, L.P. (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff NHL Enterprises, L.P. for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff NHL Enterprises, L.P. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by NHL Enterprises, L.P.; Filing fee $ 402, receipt number AILNDC-21244463. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
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