Pit Viper, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Pit Viper, LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Linhai Pineapple Glasses Co., Ltd., Taizhou Jiaojiang King Card Eyewear Firm, Taizhou Kayue Glasses Co., Ltd., Yiwu Jinyao Apparel Co., Ltd., Yiwu Qingxiaoyan Trade Co., Ltd., A2GM5HCOCXV76V, ADL WCQ, Deliverywithin7-12days1256, Gleyemor, Happy Vitamin, jinjiangxihongstore, Keilini, laohekoushibilanshangmaoyouxiangongsi, lianping lucky shop, LIHAOJIA, liugongguan, ljdrypd, LONGhuaqi, LUCKLYCBL, panlongquqiweishuangbaihuodian, RuoJinShangMaoYouXianGongSi, Slicen.LLC, xiantangdoubaihuo, Xiyalai US, adyrica, cijic, corteiz88, cui001, designersunglasses3, dhgategreece, discount66, fashion827, glasses_gg, glasses666, gob2, guccibracelet88, happyshoppinggg, hautecouture55, hexiang5, hgd001, hjc001, hjc002, hjc003, hlp002, houjikoo, hzy001, hzy002, iscountstore07, keychanins, lanying02, lanying33, linjie95965, louisvuittonearring, lovelybagss, luluqi121, lvxs1319, mcf88442, mgate1688, miniuggs, novachic, original_factory6, outdoorenthusiasts, pcy001, pcy003, pcy007, pcy009, prada_glasses, qinyy888, queenie02, sansiw, shopping412, shopping558, shoppoing, shoulderhandlvbag, sunglasses1618, taotao01, topstyle1, u887799, wangmingfa2, Wangxf_123, weiping44, wxy991123, xurx33, yong02, yong06, yrjl, zhongguo18888, zhyl06, crz_4754, qiaoen, sfvbnm, leeshengdd, leeshengee, Roza and Media Coaching Institute |
| 1:2024cv00391 |
| January 16, 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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| Filing 38 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendant (Miller, Rachel) |
| NEW PARTIES: Linhai Pineapple Glasses Co., Ltd., Taizhou Jiaojiang King Card Eyewear Firm, Taizhou Kayue Glasses Co., Ltd., Yiwu Jinyao Apparel Co., Ltd., Yiwu Qingxiaoyan Trade Co., Ltd., A2GM5HCOCXV76V, ADL WCQ, Deliverywithin7-12days1256, Gleyemor, Happy Vitamin, jinjiangxihongstore, Keilini, laohekoushibilanshangmaoyouxiangongsi, lianping lucky shop, LIHAOJIA, liugongguan, ljdrypd, LONGhuaqi, LUCKLYCBL, panlongquqiweishuangbaihuodian, RuoJinShangMaoYouXianGongSi, Slicen.LLC, xiantangdoubaihuo, Xiyalai US, adyrica, cijic, corteiz88, cui001, designersunglasses3, dhgategreece, discount66, fashion827, glasses_gg, glasses666, gob2, guccibracelet88, happyshoppinggg, hautecouture55, hexiang5, hgd001, hjc001, hjc002, hjc003, hlp002, houjikoo, hzy001, hzy002, iscountstore07, keychanins, lanying02, lanying33, linjie95965, louisvuittonearring, lovelybagss, luluqi121, lvxs1319, mcf88442, mgate1688, miniuggs, novachic, original_factory6, outdoorenthusiasts, pcy001, pcy003, pcy007, pcy009, prada_glasses, qinyy888, queenie02, sansiw, shopping412, shopping558, shoppoing, shoulderhandlvbag, sunglasses1618, taotao01, topstyle1, u887799, wangmingfa2, Wangxf_123, weiping44, wxy991123, xurx33, yong02, yong06, yrjl, zhongguo18888, zhyl06, crz_4754, qiaoen, sfvbnm, leeshengdd, leeshengee, Roza and Media Coaching Institute added to case caption. (Gaudio, Justin) |
| Filing 37 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 2/15/2024. 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 #31 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 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendant (Miller, Rachel) |
| Filing 34 SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/12/2024, answer due 3/4/2024. (Attachments: #1 Declaration of Trevor C. Talhami, #2 Exhibit A)(Talhami, Trevor) |
| Filing 33 NOTICE of Motion by Rachel S Miller for presentment of motion for preliminary injunction #31 before Honorable Manish S. Shah on 2/15/2024 at 09:45 AM. (Attachments: #1 Exhibit A)(Miller, Rachel) |
| Filing 32 MEMORANDUM by Pit Viper, LLC in support of motion for preliminary injunction #31 (Attachments: #1 Declaration of Rachel S. Miller, #2 Exhibit 1)(Miller, Rachel) |
| Filing 31 MOTION by Plaintiff Pit Viper, LLC for preliminary injunction as to certain defendants (Attachments: #1 Exhibit A)(Miller, Rachel) |
| Filing 30 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendant (Miller, Rachel) |
| Filing 29 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #26 is granted, and no appearance on the motion is necessary. The TRO is extended to 2/16/24. Notices mailed. (psm, ) |
| Filing 28 NOTICE of Motion by Rachel S Miller for presentment of extension of time #26 before Honorable Manish S. Shah on 2/1/2024 at 09:45 AM. (Miller, Rachel) |
| Filing 27 MEMORANDUM by Pit Viper, LLC in support of extension of time #26 (Attachments: #1 Declaration of Rachel S. Miller)(Miller, Rachel) |
| Filing 26 MOTION by Plaintiff Pit Viper, LLC for extension of time of Temporary Restraining Order (Miller, Rachel) |
| Filing 25 SURETY BOND in the amount of $ 50,000 posted by Pit Viper, LLC. Document not imaged. (daj, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (ksr, ) |
| Filing 24 TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 1/19/2024. Notices mailed. (psm, ) Modified on 2/20/2024 (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, ) |
| Filing 22 NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file #3 , motion for miscellaneous relief #19 , motion for temporary restraining order #14 before Honorable Manish S. Shah on 1/24/2024 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 Pit Viper, LLC in support of motion for miscellaneous relief #19 (Gaudio, Justin) |
| Filing 19 MOTION by Plaintiff Pit Viper, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 18 EXHIBIT by Plaintiff Pit Viper, LLC Exhibit 2 - Parts 1-6 regarding declaration #17 (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 17 DECLARATION of Vance Lommen regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1)(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 Pit Viper, LLC in support of motion for temporary restraining order #14 (Gaudio, Justin) |
| Filing 14 MOTION by Plaintiff Pit Viper, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 13 MAILED trademark report to Patent Trademark Office, Alexandria VA. (daj, ) |
| Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (emc, ) |
| Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA (emc, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Trevor Christian Talhami (Talhami, Trevor) |
| Filing 9 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Rachel S Miller (Miller, Rachel) |
| Filing 8 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Pit Viper, LLC (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pit Viper, LLC (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Pit Viper, LLC for leave to file under seal (Gaudio, Justin) |
| Filing 2 EXHIBIT by Plaintiff Pit Viper, LLC Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 2/20/2024 (daj, ). |
| Filing 1 COMPLAINT filed by Pit Viper, LLC; Filing fee $ 405, receipt number AILNDC-21526686. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| 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. (emc, ) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). (emc, ) |
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