Merch Traffic, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Merch Traffic, LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule A, dasrt Store, Dlyta Store, Happy Art Store, High end clothing Y5 Store, HuaYiting Store, Nusal Store, Personalized Menswear Store, ROCKSIR-Clothing Store, Shop1102659682 Store, Shop1102815325 Store, Shop1102826832 Store, Shop1102855756 Store, Shop1102996660 Store, Small Dimples Store, Vddfg Store, A2EQ6CP6XI8Y5U, Alec Sarwas, Bengenitr, Chris Gondos, dary smith, Durcoo, haaoppny, Helga Diesch, hiertyerty, Juan velazquez, Justin Birchard, Kelsey Prescott, KRIS ANDERSON, Lori Pierce, Mark Younker, Nathan Berns, shaoshanshimenggebaihuojingyingbu, songyuanshiweiyikejiyouxiangongsi, TroakovaFF, foshoute, hgui, muue, tianyuxi, cvdfgcv, gaozhiyuan7890, Great jade industry, Gruomen Lomost susan permest, hanwenlan47049, rongshuli7755 and yqys |
| 1:2024cv01751 |
| March 1, 2024 |
| U.S. 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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| Document Text |
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| Filing 43 MOTION by Defendant Durcoo for extension of time to file answer regarding complaint #1 or otherwise resopnd (opposed) (Kalberg, Steven) |
| Filing 42 CERTIFICATE of Service by Plaintiff Merch Traffic, LLC regarding set motion and R&R deadlines/hearings, #41 (Attachments: #1 Exhibit A)(Faria De Souza, Luana) |
| Filing 41 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment #36 must enter an appearance and file a written objection by 5/6/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Filing 40 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A #34 is granted. Defendants No. 16 A2EQ6CP6XI8Y5U, No. 18 Bengenitr, No. 19 Chris Gondos, No. 23 Helga Diesch, No. 24 hiertyerty, and No. 26 Justin Birchard are terminated. Plaintiff has already filed an amended Schedule A on the docket #35 . (rao, ) |
| Filing 39 ATTORNEY Appearance for Defendant Durcoo by Steven G Kalberg (Kalberg, Steven) |
| Filing 38 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #37 (Attachments: #1 Exhibit 1)(Halpern, Kahlia) |
| Filing 37 MEMORANDUM by Merch Traffic, LLC in support of motion for entry of default, motion for default judgment #36 (Attachments: #1 Exhibit 1)(Halpern, Kahlia) |
| Filing 36 MOTION by Plaintiff Merch Traffic, LLC for entry of default , MOTION by Plaintiff Merch Traffic, LLC for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Halpern, Kahlia) |
| Filing 35 AMENDED exhibit #2 Amended Schedule A (Halpern, Kahlia) |
| Filing 34 MOTION by Plaintiff Merch Traffic, LLC for Leave to Amend Schedule A to the Complaint Instanter (Halpern, Kahlia) |
Filing 33
ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 4/10/2024: Mailed notice (daj, )
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| Filing 32 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 4/10/2024: (rao, ) |
| Filing 31 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction #24 . A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction #24 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, ) |
| NEW PARTIES: dasrt Store, Dlyta Store, Happy Art Store, High end clothing Y5 Store, HuaYiting Store, Nusal Store, Personalized Menswear Store, ROCKSIR-Clothing Store, Shop1102659682 Store, Shop1102815325 Store, Shop1102826832 Store, Shop1102855756 Store, Shop1102996660 Store, Small Dimples Store, Vddfg Store, A2EQ6CP6XI8Y5U, Alec Sarwas, Bengenitr, Chris Gondos, dary smith, Durcoo, haaoppny, Helga Diesch, hiertyerty, Juan velazquez, Justin Birchard, Kelsey Prescott, KRIS ANDERSON, Lori Pierce, Mark Younker, Nathan Berns, shaoshanshimenggebaihuojingyingbu, songyuanshiweiyikejiyouxiangongsi, TroakovaFF, foshoute, hgui, muue, tianyuxi, cvdfgcv, gaozhiyuan7890, Great jade industry, Gruomen Lomost susan permest, hanwenlan47049, rongshuli7755 and yqys added to case caption. (Gaudio, Justin) |
| Filing 30 ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Luana Faria De Souza (Faria De Souza, Luana) |
| Filing 29 SUMMONS Returned Executed by Merch Traffic, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/27/2024, answer due 4/17/2024. (Attachments: #1 Declaration of Kahlia R. Halpern, #2 Exhibit A)(Halpern, Kahlia) |
| Filing 28 CERTIFICATE of Service by Plaintiff Merch Traffic, LLC regarding set motion and R&R deadlines/hearings,,, #27 (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 27 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction #24 under advisement and will consider the motion unopposed if no defendant appears and objects by 4/4/24. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's orders entering the TRO and plaintiff's memorandum in support of its motion for preliminary injunction #25 , 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 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. (rao, ) |
| Filing 26 SUMMONS Returned Executed by Merch Traffic, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/19/2024, answer due 4/9/2024. (Attachments: #1 Declaration of Kahlia R. Halpern, #2 Exhibit A)(Halpern, Kahlia) |
| Filing 25 MEMORANDUM by Merch Traffic, LLC in support of motion for preliminary injunction #24 (Attachments: #1 Declaration of Justin T. Joseph, #2 Exhibit 1)(Joseph, Justin) |
| Filing 24 MOTION by Plaintiff Merch Traffic, LLC for preliminary injunction as to Certain Defendants (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 23 SURETY BOND in the amount of $ 10,000 posted by Merch Traffic, LLC (Document not scanned.) (lw, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A. (evw,) |
| Filing 22 TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/8/2024: (rao, ) Modified on 4/15/2024 (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, ) |
| 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 Merch Traffic, LLC in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Merch Traffic, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 EXHIBIT by Plaintiff Merch Traffic, LLC Exhibit 2 - Parts 1-2 regarding declaration #16 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2)(Gaudio, Justin) Modified on 4/15/2024 (daj, ). |
| Filing 16 DECLARATION of Emily Holt 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 Merch Traffic, LLC in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Merch Traffic, 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. (jh, ) |
| Filing 11 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| 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. (axk, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2). (axk, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Kahlia Roe Halpern (Halpern, Kahlia) |
| Filing 9 ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Justin Tyler Joseph (Joseph, Justin) |
| Filing 8 ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims involving Trademarks by Merch Traffic, LLC (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Merch Traffic, LLC (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Merch Traffic, LLC for leave to file under Seal (Gaudio, Justin) |
| Filing 2 EXHIBIT by Plaintiff Merch Traffic, LLC Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 4/15/2024 (daj, ). |
| Filing 1 COMPLAINT filed by Merch Traffic, LLC; Filing fee $ 405, receipt number AILNDC-21696596. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
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