Spin Master Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Spin Master Ltd. and Spin Master, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Baoding Zuoou Leather Goods Manufacuturing Co., Ltd., Dongguan Gouku Technology Development Co., Ltd., Hangzhou Xinde Arts And Crafts Co., Ltd., Huangyan Dadi Plastic Product Factory, Jinhua Newemperor Accessories Co., Ltd., Jinjiang Zugang Shoes Co., Ltd., Ningbo Shinetop International Trade Co., Ltd., Taizhou Beyda Outdoor Co., Ltd., Wuxi Cooltech Heat Exchanger Co., Ltd., XIAMEN BHC IMPORT & EXPORT CO.,LTD, Yiwu Zhenwan E-Commerce Co., Ltd., Childre toy Store, Colorful Dream Scenery Store, Cook7ie Store, Just Living Store, Montessori Educational Toys Store, Shop1102537125 Store, Shop1102809778 Store, Shop1102832318 Store, Shop1102924861 Store, Shop1103139143 Store, Shop1103153465 Store, YaKe Fabric Store, A1LRVOYGF90EIE, A3KD8OSLQB4060, AHOWK61K2IIWQ, anqingletubaihuoyouxiangongsi, BABYKOO, Changsha Shunzhen Trading Co., Ltd., chengduzhijiazhishangmaoyouxiangongsi, chongqingyiyulaiweiyujiejuyouxiangongsi, chuxiangjian, cinative, dasdasddasdasdas, DENGAIXIN, DJLKCJKLXVJKLZJKZ, fdfgfgfgfggdg, FunnyDecor, gfhfghfghgfhf, GHRC, guangzhouduxinkejiyouxiangongsi, hjkhjkhjkj, HuangSuKe, huangyunannvzhuang, jinhaoshangmaodian, JinMaShangMao, JinXing-shops, jiujiangyanghonglianshangmaoyouxiangongsi, KGDVH, kunmingsuisuishangmaoyouxiangongsi, Layweamo, lilijie89, LIPEIHANG, liuwenlongde, liuxuechao123, luxiuweidebeimeidianpu, luzhuqiangdianpu, MAZEL STORE, pantianshunxinxinshuiguodian, Proolfive, redd shop, rizhaojiechuichuan, Starttery, taiyuandifeng, TengMai, TIANRENFEI, wangchengwenjun, WANGPENGSHOP, wangweiweidebeimeidianpu, XiayijingUS, xiliguojimaoyi, xiwangshop, xuanzuzh store, yangqimeng-us, yangquanguangkangshangmaoyouxiangongsi, yangquanyishao, YANGRUIO, yangyuxindianpu, YouHz, zhangxiaoeryanzhi, zhaoshunbao, zhijeichongzhi, zhijiangshiqiuyongshangmaoyouxiangongs, ZiZiQ, dongyangshishengbangdianzishangwushanghang, soxb-15, yebe-38, zhangyi-8888, Blue Sky Paper, Child star rabbit, EalySummerMoonPulseShop, KALE International, Liuao, Office king, The of BIFineny clothing, YAOZHOUYOUXIANGONGSI and DuHouse |
| 1:2024cv00161 |
| January 5, 2024 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Document Text |
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| Filing 42 NOTICE of Motion by Justin Tyler Joseph for presentment of motion for entry of default,, motion for default judgment, #39 before Honorable Manish S. Shah on 3/7/2024 at 09:45 AM. (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 41 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #40 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 40 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for entry of default,, motion for default judgment, #39 (Attachments: #1 Exhibit 1)(Joseph, Justin) |
| Filing 39 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for entry of default , MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 38 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants (Joseph, Justin) |
| NEW PARTIES: Baoding Zuoou Leather Goods Manufacuturing Co., Ltd., Dongguan Gouku Technology Development Co., Ltd., Hangzhou Xinde Arts And Crafts Co., Ltd., Huangyan Dadi Plastic Product Factory, Jinhua Newemperor Accessories Co., Ltd., Jinjiang Zugang Shoes Co., Ltd., Ningbo Shinetop International Trade Co., Ltd., Taizhou Beyda Outdoor Co., Ltd., Wuxi Cooltech Heat Exchanger Co., Ltd., XIAMEN BHC IMPORT & EXPORT CO.,LTD, Yiwu Zhenwan E-Commerce Co., Ltd., Childre toy Store, Colorful Dream Scenery Store, Cook7ie Store, Just Living Store, Montessori Educational Toys Store, Shop1102537125 Store, Shop1102809778 Store, Shop1102832318 Store, Shop1102924861 Store, Shop1103139143 Store, Shop1103153465 Store, YaKe Fabric Store, A1LRVOYGF90EIE, A3KD8OSLQB4060, AHOWK61K2IIWQ, anqingletubaihuoyouxiangongsi, BABYKOO, Changsha Shunzhen Trading Co., Ltd., chengduzhijiazhishangmaoyouxiangongsi, chongqingyiyulaiweiyujiejuyouxiangongsi, chuxiangjian, cinative, dasdasddasdasdas, DENGAIXIN, DJLKCJKLXVJKLZJKZ, fdfgfgfgfggdg, FunnyDecor, gfhfghfghgfhf, GHRC, guangzhouduxinkejiyouxiangongsi, hjkhjkhjkj, HuangSuKe, huangyunannvzhuang, jinhaoshangmaodian, JinMaShangMao, JinXing-shops, jiujiangyanghonglianshangmaoyouxiangongsi, KGDVH, kunmingsuisuishangmaoyouxiangongsi, Layweamo, lilijie89, LIPEIHANG, liuwenlongde, liuxuechao123, luxiuweidebeimeidianpu, luzhuqiangdianpu, MAZEL STORE, pantianshunxinxinshuiguodian, Proolfive, redd shop, rizhaojiechuichuan, Starttery, taiyuandifeng, TengMai, TIANRENFEI, wangchengwenjun, WANGPENGSHOP, wangweiweidebeimeidianpu, XiayijingUS, xiliguojimaoyi, xiwangshop, xuanzuzh store, yangqimeng-us, yangquanguangkangshangmaoyouxiangongsi, yangquanyishao, YANGRUIO, yangyuxindianpu, YouHz, zhangxiaoeryanzhi, zhaoshunbao, zhijeichongzhi, zhijiangshiqiuyongshangmaoyouxiangongs, ZiZiQ, dongyangshishengbangdianzishangwushanghang, soxb-15, yebe-38, zhangyi-8888, Blue Sky Paper, Child star rabbit, EalySummerMoonPulseShop, KALE International, Liuao, Office king, The of BIFineny clothing, YAOZHOUYOUXIANGONGSI and DuHouse added to case caption. (Gaudio, Justin) |
| Filing 37 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 2/13/2024. Notices mailed. (psm, ) |
| Filing 36 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction #32 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A 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. Notices mailed. (psm, ) |
| Filing 35 SUMMONS Returned Executed by Spin Master Ltd., Spin Master, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/8/2024, answer due 2/29/2024. (Attachments: #1 Declaration of Andrew D. Burnham, #2 Exhibit A)(Burnham, Andrew) |
| Filing 34 NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction #32 before Honorable Manish S. Shah on 2/13/2024 at 09:45 AM. (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 33 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for preliminary injunction #32 (Attachments: #1 Declaration of Justin T. Joseph, #2 Exhibit 1)(Joseph, Justin) |
| Filing 32 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for preliminary injunction (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 31 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain Defendants (Joseph, Justin) |
| Filing 30 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendant (Joseph, Justin) |
| Filing 29 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #26 is granted, and no appearance on 1/30/24 is necessary. The TRO is extended to 2/13/24. Notices mailed. (psm, ) |
| Filing 28 NOTICE of Motion by Justin Tyler Joseph for presentment of extension of time #26 before Honorable Manish S. Shah on 1/30/2024 at 09:45 AM. (Joseph, Justin) |
| Filing 27 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of extension of time #26 (Attachments: #1 Declaration of Justin T. Joseph)(Joseph, Justin) |
| Filing 26 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for extension of time of Temporary Restraining Order (Joseph, Justin) |
| Filing 25 SURETY BOND in the amount of $ 50,000 posted by Spin Master Ltd., Spin Master, Inc. (Document not imaged) (daj, ) |
| Filing 24 RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 1/16/2024. Notices mailed. (psm, ) Modified on 2/14/2024 (daj, ). Modified on 2/14/2024 (daj, ). |
| Filing 23 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal, motion for a temporary restraining order, asset restraint, and expedited discovery, and motion for electronic service of process #3 #14 #19 are granted, and no appearance on the motions is necessary. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. 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 is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. A $50,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices mailed. (psm, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (axk, ) |
| Filing 22 NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file #3 , motion for temporary restraining order #14 , motion for miscellaneous relief #19 before Honorable Manish S. Shah on 1/16/2024 at 09:45 AM. (Gaudio, Justin) |
| Filing 21 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #20 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 20 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for miscellaneous relief #19 (Gaudio, Justin) |
| Filing 19 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 18 EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Exhibit 4 - Parts 1-9 regarding declaration #17 (Attachments: #1 Exhibit 4-1, #2 Exhibit 4-2, #3 Exhibit 4-3, #4 Exhibit 4-4, #5 Exhibit 4-5, #6 Exhibit 4-6, #7 Exhibit 4-7, #8 Exhibit 4-8, #9 Exhibit 4-9)(Gaudio, Justin) Modified on 2/14/2024 (daj, ). |
| Filing 17 DECLARATION of Chris Harrs regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 16 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 15 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for temporary restraining order #14 (Gaudio, Justin) |
| Filing 14 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 13 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jh, ) |
| Filing 12 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (ksr, ) |
| 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. (ksr, ) |
| Filing 11 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Andrew Daniel Burnham (Burnham, Andrew) |
| Filing 10 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin Tyler Joseph (Joseph, Justin) |
| Filing 9 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Christopher S Hermanson (Hermanson, Christopher) |
| Filing 8 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master, Inc. (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master, Inc. (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 2 EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 2/14/2024 (daj, ). |
| Filing 1 COMPLAINT filed by Spin Master Ltd., Spin Master, Inc.; Filing fee $ 405, receipt number AILNDC-21494624. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gaudio, Justin) |
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