Entertainment One UK Ltd. v. The Partnerships And Unincorporated Associations Identified On Schedule A,
| Entertainment One UK Ltd. |
| The Partnerships And Unincorporated Associations Identified On Schedule A, |
| 1:2024cv00393 |
| January 16, 2024 |
| US District Court for the Northern District of Illinois |
| Jeffrey I Cummings |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on March 12, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 34 CERTIFICATE of Service by Martin Francis Trainor on behalf of Entertainment One UK Ltd. (Attachments: #1 Exhibit A)(Trainor, Martin) |
| Filing 33 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction #31 . In connection with that motion, plaintiff must serve all defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by or before March 20, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon alll defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon 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 Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice (cc, ) |
| Filing 32 MEMORANDUM by Entertainment One UK Ltd. in support of motion for preliminary injunction #31 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 31 MOTION by Plaintiff Entertainment One UK Ltd. for preliminary injunction (Attachments: #1 Exhibit A)(Trainor, Martin) |
| Filing 30 SUMMONS Returned Executed by Entertainment One UK Ltd. as to The Partnerships And Unincorporated Associations Identified On Schedule A, on 3/6/2024, answer due 3/27/2024. (Attachments: #1 Declaration of Alexander Whang, #2 Exhibit A)(Whang, Alexander) |
| Filing 29 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's ex parte motion to extend the TRO #27 is granted. For the reasons stated in the Court's order entering the TRO #20 , as well as in plaintiff's motions to extend the TRO #23 #27 , the TRO is extended to and including 3/11/24. 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 Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. The 3/4/24 tracking status hearing is stricken and is re-set to 3/29/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| Filing 28 MEMORANDUM by Entertainment One UK Ltd. in support of motion for miscellaneous relief #27 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 27 MOTION by Plaintiff Entertainment One UK Ltd. to Extend the Temporary Restraining Order (Trainor, Martin) |
| SUMMONS Issued as to Defendant The Partnerships and all other Defendants identified in the Amended Complaint (jcc,) |
| Filing 26 EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Jeffrey I Cummings on 2/7/2024. Mailed notice(cc, ) |
| Filing 25 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's ex parte motion to extend the temporary restraining order #23 is granted. Enter Order. Mailed notice (cc, ) |
| Filing 24 MEMORANDUM by Entertainment One UK Ltd. in support of motion for miscellaneous relief #23 (Attachments: #1 Declaration of Martin F. Trainor)(Trainor, Martin) |
| Filing 23 MOTION by Plaintiff Entertainment One UK Ltd. to Extend the Temporary Restraining Order (Trainor, Martin) |
| Filing 22 SURETY BOND in the amount of $ 2,000 posted by Entertainment One UK Ltd.(Document not Scanned) (jh, ) |
| Filing 21 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeffrey I Cummings on 1/29/2024. Mailed notice. (lw, ) |
| Filing 20 MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file certain documents under seal #3 , ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #14 , and motion for electronic service of process #18 are granted solely as to the defendants identified in plaintiff's amended schedule A #12 . Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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 likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and 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 effectively communicates the pendency of this action to defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing is set for 3/4/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| Filing 19 MEMORANDUM by Entertainment One UK Ltd. in support of motion for miscellaneous relief #18 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 18 MOTION by Plaintiff Entertainment One UK Ltd. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Trainor, Martin) |
| Filing 17 SEALED EXHIBIT by Plaintiff Entertainment One UK Ltd. Exhibit 2 regarding declaration #16 (Trainor, Martin) |
| Filing 16 DECLARATION of Paul Varley regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1)(Trainor, Martin) |
| Filing 15 MEMORANDUM by Entertainment One UK Ltd. in support of motion for miscellaneous relief #14 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 14 MOTION by Plaintiff Entertainment One UK Ltd. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Trainor, Martin) |
| Filing 13 ATTORNEY Appearance for Plaintiff Entertainment One UK Ltd. by Alexander Whang (Whang, Alexander) |
| Filing 12 SEALED EXHIBIT by Plaintiff Entertainment One UK Ltd. Schedule A regarding amended complaint #11 (Trainor, Martin) |
| Filing 11 AMENDED complaint by Entertainment One UK Ltd. against The Partnerships And Unincorporated Associations Identified On Schedule A, (Trainor, Martin) |
| Filing 10 Notice of Claims Involving Trademarks by Entertainment One UK Ltd. (Trainor, Martin) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Entertainment One UK Ltd. (Corrected) (Trainor, Martin) |
| Filing 8 ATTORNEY Appearance for Plaintiff Entertainment One UK Ltd. by Richard M. Poskozim (Poskozim, Richard) |
| Filing 7 ATTORNEY Appearance for Plaintiff Entertainment One UK Ltd. by Sydney Paige Fenton (Fenton, Sydney) |
| Filing 6 ATTORNEY Appearance for Plaintiff Entertainment One UK Ltd. by Martin Francis Trainor (Trainor, Martin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Entertainment One UK Ltd. (Trainor, Martin) |
| Filing 4 CIVIL Cover Sheet (Trainor, Martin) |
| Filing 3 MOTION by Plaintiff Entertainment One UK Ltd. for Leave to File Certain Documents Under Seal (Trainor, Martin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Entertainment One UK Ltd. Schedule A regarding complaint #1 (Trainor, Martin) |
| Filing 1 COMPLAINT filed by Entertainment One UK Ltd.; Filing fee $ 405, receipt number AILNDC-21526760. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Trainor, Martin) |
| 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 Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). (emc, ) |
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| Plaintiff: Entertainment One UK Ltd. | |
| Represented By: | Richard M. Poskozim |
| Represented By: | Sydney Paige Fenton |
| Represented By: | Martin Francis Trainor |
| Represented By: | Alexander Whang |
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| Defendant: The Partnerships And Unincorporated Associations Identified On Schedule A, | |
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