Fox Head, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Fox Head, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule A and ft1h and the Individuals and Entities Operating ft1h |
| 1:2024cv00384 |
| January 16, 2024 |
| US District Court for the Northern District of Illinois |
| Nancy L Maldonado |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
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Filing 21
ORDER : THIS CAUSE comes before the Court on Plaintiff Fox Head, Inc.'s ("Plaintiff") Motion for Expedited Discovery and Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (the "Motions") against ft1h and the Individuals and Entities Operating ft1h identified on Schedule A attached to the Amended Complaint (collectively, "Defendants"). This Court having considered the evidence before it hereby GRANTS Plaintiff's Motions in their entirety. Accordingly, this Court orders that: 1.Upon Plaintiff's request, any third party with actual notice of this Order who is providing services for any of the Defendants, or in connection with the Online Marketplace including, without limitation, any online marketplace platforms such as eBay, Inc. ("eBay"), AliExpress, Alibaba Group Holding Ltd. ("Alibaba"), Amazon.com, Inc. ("Amazon"), ContextLogic Inc. d/b/a Wish.com ("Wish.com"), Walmart, Inc. ("Walmart"), Etsy, Inc. ("Etsy"), DHgate, and WhaleCo, Inc. ("Temu") (collectively, the "Third Party Providers") shall, within seven (7) calendar days after receipt of such notice, provide to Plaintiff expedited discovery, including copies of all documents and records in such person's or entity's possession or control relating to: Signed by the Honorable Nancy L. Maldonado on 1/25/2024 [ For further details see order].(ca, )
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| Filing 20 MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motions for expedited discovery #15 and electronic service of process #16 are granted for the reasons stated in the motions. 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. See, e.g., Oakley, Inc. v. Partnerships & Unincorporated Associations 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). (ca, ) |
| Filing 19 MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff's motion for leave to file under seal #3 is granted for the reasons stated in the motion. (ca, ) |
| 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 Fox Head, Inc. in support of motion for miscellaneous relief #16 (Gaudio, Justin) |
| Filing 16 MOTION by Plaintiff Fox Head, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 15 MOTION by Plaintiff Fox Head, Inc. for discovery Expedited (Gaudio, Justin) |
| Filing 14 EXHIBIT by Plaintiff Fox Head, Inc. Schedule A regarding amended complaint, #13 (Gaudio, Justin) |
| Filing 13 AMENDED complaint by Fox Head, Inc. against ft1h and the Individuals and Entities Operating ft1h and terminating 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 (lm, ) |
| Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA (lm, ) |
| 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. (jcm) |
| CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). (jcm) |
| Filing 10 ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Trevor Christian Talhami (Talhami, Trevor) |
| Filing 9 ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Rachel S Miller (Miller, Rachel) |
| Filing 8 ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Fox Head, Inc. (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fox Head, Inc. (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Fox Head, Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Fox Head, Inc. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Fox Head, Inc.; Filing fee $ 405, receipt number AILNDC-21525833. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
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| Plaintiff: Fox Head, Inc. | |
| Represented By: | Amy Crout Ziegler |
| Represented By: | Rachel S Miller |
| Represented By: | Trevor Christian Talhami |
| Represented By: | Justin R. Gaudio |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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| Defendant: ft1h and the Individuals and Entities Operating ft1h | |
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