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, BYS Technology, Guangzhou Geling Leather Co., Ltd., Guangzhou Sankemu Trading Co., Ltd., Shiyan Holly Auto Parts Co., Ltd., chengduyakeweidianzishangwuyouxiangongsi, chenmanyi, dengtongqian, fuanshihuicongbaihuojingyingbu, hbbsky, Hua Yue Boutique, JEEPLPF, KANGGAROOMAMA, MengRongXue1992, Wooha Store, xiaoyungongyipin, xiedanss, XinGuRunDianZi, Yang Zi, yanjinmaoyi, lanlanmaouyi, tiantian07, alienshop99, anshansteelfe-0, auto-brake, auto-glass, autopart-supermarkets, banbo-parts, bearing123, bestshop-us66, camshaft88, cbcbl75, cliffordschoolm0, coas-performanceparts, cylinder-coyle, digitaldelightstore, faraway-parts, fjoutdoorselect, frestmaile, ginkgog, hefei_71, hongkongferpo_0, huy-54, king-star-auto, lihua-genuine, link-us, liriq_87, moshengyun, must-motors, newcar1, p88chenhaiqin, qutyt-motors, ran0929, ruicong-16, sunda-4572, sunnybrother, tyler1990, xm2044, yihao-outa9, yionewu2131, yohooauto, zhuimao, asdfsdfghsd4856f, chengcheng0, Cheungzgywing, cuhshophey, DASHDH, dingsiyuan2463, getzshop, Huangyiwen6956, Huanshengyi, isis online store, Jeaduo Brank salake pentacen, jiawanhao fashion, KanjigoubikL, Ksozxw, kuifulenqi, Lgvgcgcggfgchxvcvc, MAMAD, Mario sheet set, Michelle Peterman, Mozell Johnson, NeiMengGu BaoTou Huiming shopping, nfirooemr, Paul Ortega, pwwmqjmcd, qianfen, qirongmaoyi, qwerfvbn, ritashooting, sunminjie fashion, tumeilei23981, vonluxelpo, Wangseyuan, Wanjiayang, xionghua0240, xuhongcai5kl, yanfang fashion, yushui fashion and ZHAO XIAO LI Agricultural Shop |
| 1:2024cv00281 |
| January 11, 2024 |
| 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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| Filing 47 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter #45 is granted. Plaintiff has already filed an amended Schedule A on the docket #46 . Defendant No. 3 Shiyan Holly Auto Parts Co., Ltd. is dismissed. (rao, ) |
| Filing 46 AMENDED exhibit #2 Amended Schedule A (Halpern, Kahlia) |
| Filing 45 MOTION by Plaintiff FCA US LLCfor Leave to Amend Schedule A to the Complaint Instanter (Halpern, Kahlia) |
| Filing 44 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter #42 is granted. Plaintiff has already filed an amended Schedule A on the docket #43 . Defendants auto-brake, auto-glass, bearing123, camshaft88, cylinder-coyle, ginkgog, huy-54, lihua-genuine, must-motors, qutyt-motors, JEEPLPF and alienshop99 are dismissed. (rao, ) |
| Filing 43 AMENDED exhibit #2 Amended Schedule A (Halpern, Kahlia) |
| Filing 42 MOTION by Plaintiff FCA US LLCfor Leave to Amend Schedule A to the Complaint Instanter (Halpern, Kahlia) |
| Filing 41 SUMMONS Returned Executed by FCA US LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/26/2024, answer due 3/18/2024. (Attachments: #1 Declaration of Berel Y. Lakovitsky, #2 Exhibit A)(Lakovitsky, Berel) |
| NEW PARTIES: Guangzhou Geling Leather Co., Ltd., Guangzhou Sankemu Trading Co., Ltd., Shiyan Holly Auto Parts Co., Ltd., chengduyakeweidianzishangwuyouxiangongsi, chenmanyi, dengtongqian, fuanshihuicongbaihuojingyingbu, hbbsky, Hua Yue Boutique, JEEPLPF, KANGGAROOMAMA, MengRongXue1992, Wooha Store, xiaoyungongyipin, xiedanss, XinGuRunDianZi, Yang Zi, yanjinmaoyi, lanlanmaouyi, tiantian07, alienshop99, anshansteelfe-0, auto-brake, auto-glass, autopart-supermarkets, banbo-parts, bearing123, bestshop-us66, camshaft88, cbcbl75, cliffordschoolm0, coas-performanceparts, cylinder-coyle, digitaldelightstore, faraway-parts, fjoutdoorselect, frestmaile, ginkgog, hefei_71, hongkongferpo_0, huy-54, king-star-auto, lihua-genuine, link-us, liriq_87, moshengyun, must-motors, newcar1, p88chenhaiqin, qutyt-motors, ran0929, ruicong-16, sunda-4572, sunnybrother, tyler1990, xm2044, yihao-outa9, yionewu2131, yohooauto, zhuimao, asdfsdfghsd4856f, chengcheng0, Cheungzgywing, cuhshophey, DASHDH, dingsiyuan2463, getzshop, Huangyiwen6956, Huanshengyi, isis online store, Jeaduo Brank salake pentacen, jiawanhao fashion, KanjigoubikL, Ksozxw, kuifulenqi, Lgvgcgcggfgchxvcvc, MAMAD, Mario sheet set, Michelle Peterman, Mozell Johnson, NeiMengGu BaoTou Huiming shopping, nfirooemr, Paul Ortega, pwwmqjmcd, qianfen, qirongmaoyi, qwerfvbn, ritashooting, sunminjie fashion, tumeilei23981, vonluxelpo, Wangseyuan, Wanjiayang, xionghua0240, xuhongcai5kl, yanfang fashion, yushui fashion and ZHAO XIAO LI Agricultural Shop added to case caption. (Halpern, Kahlia) |
Filing 40
ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 2/20/2024: Mailed notice (daj, )
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| Filing 39 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 2/20/2024: (rao, ) |
| Filing 38 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 37 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter #35 is granted. Defendants CCTEE, Huang2233qingnian, QUARKACE, 2020coming, bestcar10, bestranran, carhome20, hotgus, vipcarshop, x-tuvparts are dismissed. Plaintiff has already filed an amended Schedule A on the docket #36 . By 2/15/24, plaintiff should send an updated proposed preliminary injunction order, redline and clean, that reflects this amendment to Proposed_Order_Pacold@ilnd.uscourts.gov. (rao, ) |
| Filing 36 AMENDED exhibit #2 Amended Schedule A (Halpern, Kahlia) |
| Filing 35 MOTION by Plaintiff FCA US LLCfor Leave to Amend Schedule A to the Complaint Instanter (Halpern, Kahlia) |
| Filing 34 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter #31 , which attempts to dismiss defendant No. 4 BYS Technology, is denied as moot. Plaintiff has previously attempted to dismiss BYS Technology by a voluntary dismissal #25 , which was construed and granted as a request for leave to amend the pleadings #29 . Pursuant to #29 , plaintiff has filed an amended Schedule A on the docket #32 . BYS Technology is dismissed. (rao, ) |
| Filing 33 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 32 AMENDED exhibit #2 Amended Schedule A (Halpern, Kahlia) |
| Filing 31 MOTION by Plaintiff FCA US LLCfor Leave to Amend Schedule A to the Complaint Instanter (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 2/12/24. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's orders entering and extending the TRO, 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." (rao, ) |
| Filing 29 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's notice of voluntary dismissal #25 , which seek to voluntarily dismiss appearing defendant No. 4 BYS Technology. But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notices of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. By 2/8/24, plaintiff is directed to file an amended Schedule A identifying the remaining defendants. (rao, ) |
| Filing 28 SUMMONS Returned Executed by FCA US LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/1/2024, answer due 2/22/2024. (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 as to Certain Defendants (Attachments: #1 Exhibit A)(Halpern, Kahlia) |
| Filing 25 NOTICE of Voluntary Dismissal by FCA US LLC as to a Certain Defendant (Halpern, Kahlia) |
| Filing 24 ATTORNEY Appearance for Defendant BYS Technology by Steven G Kalberg (Kalberg, Steven) |
| Filing 23 SURETY BOND in the amount of $ 10,000 posted by FCA US LLC. Document not imaged. (daj, ) |
| Filing 22 TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 1/23/2024: (rao, ) Modified on 2/20/2024 (daj, ). |
| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal #3 , for electronic service of process #18 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #13 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 (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. 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 (ksr, ) |
| 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 EXHIBIT by Plaintiff FCA US LLC Exhibit 2 - Parts 1-6 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)(Gaudio, Justin) Modified on 2/20/2024 (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, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (jcc, ) |
| 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. (jcc, ) |
| 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 EXHIBIT by Plaintiff FCA US LLC Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 2/20/2024 (daj, ). |
| Filing 1 COMPLAINT filed by FCA US LLC; Filing fee $ 405, receipt number AILNDC-21513306. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
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