Odesza LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A
| XYZ Corporation and Odesza LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule A, dongxinhao, fuzhoushitaijiangquaishenggongyipinshanghang, jiangweimaoyiyouxiangongsi, LMH poster, Z01 Town, Hubei Songdian Trading Co., Ltd. (Defendant No. 6), famoc777, tiwiduren99, tutistore, Aamir Khan, Abimbola, Arjun Singh, BernarLourdh, BoMiller, Brian Garrett, Brian Whelan, Brilliant Finish Detailing, Campground Gayel, Carla Ferreira, Carla Silva, Cattle Sad, Chris Arnold, Chris Dawson, Chris Griffin, Chris Lane, Class Of Luxury, Dads Lovis, DanieEvans, DanieMartin, DaviXu, Day With Trey, Dharmendra Kumar, Disappointed_Idealist, Dorota Liwacz, Edgar Cruz, Efemena, El Salvador Neat Igbo, Enrique Torres, Erik Anderson, Erminia Reconnoiter, Ethan Brown, Etheline Debilitating, Fractured Venita, Garfield R. Schmitt, Gerry Krismer, Girish Sharma, Gruesome Nettie, Gulshan Singh, Gustavo Tanaka, High-Technology Gleam, Ian Laliberte Arm, Inspiring Consolation, Izhar Ul Haq, Jek Tono Porkins Lion, JoannLafleur Pharmd Msph, Kathryn, Linet Heiress, Lukesatrling, MarjorieVeale, Matilde Snowball, Olayinka, Patrick Corrigan, Plowden, Possum, Publishing Foster, Scarlet Dragon, Scott Johnson, Shalini Singh, Silver-Haired Nobility, Steven Wolfpereira, Sunny Jackal, Support Karoly, Valuable_Violet_Marcilene, Yeasty Sport, www.austinozpershopo.com, bestteestore T-shirt Online Store, Buzz Apparel USA, www.cassivalen.com, www.catfamilyshirts.com, www.cryptizen.io, www.customizaholic.com, www.dailyblankets.com, www.giftmug.net, www.holeshirts.com, www.odeszamerch.com, www.ravegearcompany.com, www.trendteeshirts.com, www.vinahomesvilas.com and www.vinnytoys.com |
| 1:2024cv02482 |
| March 27, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| NEW PARTIES: dongxinhao, fuzhoushitaijiangquaishenggongyipinshanghang, jiangweimaoyiyouxiangongsi, LMH poster, Z01 Town, Hubei Songdian Trading Co., Ltd. (Defendant No. 6), famoc777, tiwiduren99, tutistore, Aamir Khan, Abimbola, Arjun Singh, BernarLourdh, BoMiller, Brian Garrett, Brian Whelan, Brilliant Finish Detailing, Campground Gayel, Carla Ferreira, Carla Silva, Cattle Sad, Chris Arnold, Chris Dawson, Chris Griffin, Chris Lane, Class Of Luxury, Dads Lovis, DanieEvans, DanieMartin, DaviXu, Day With Trey, Dharmendra Kumar, Disappointed_Idealist, Dorota Liwacz, Edgar Cruz, Efemena, El Salvador Neat Igbo, Enrique Torres, Erik Anderson, Erminia Reconnoiter, Ethan Brown, Etheline Debilitating, Fractured Venita, Garfield R. Schmitt, Gerry Krismer, Girish Sharma, Gruesome Nettie, Gulshan Singh, Gustavo Tanaka, High-Technology Gleam, Ian Laliberte Arm, Inspiring Consolation, Izhar Ul Haq, Jek Tono Porkins Lion, JoannLafleur Pharmd Msph, Kathryn, Linet Heiress, Lukesatrling, MarjorieVeale, Matilde Snowball, Olayinka, Patrick Corrigan, Plowden, Possum, Publishing Foster, Scarlet Dragon, Scott Johnson, Shalini Singh, Silver-Haired Nobility, Steven Wolfpereira, Sunny Jackal, Support Karoly, Valuable_Violet_Marcilene, Yeasty Sport, www.austinozpershopo.com, bestteestore T-shirt Online Store, Buzz Apparel USA, www.cassivalen.com, www.catfamilyshirts.com, www.cryptizen.io, www.customizaholic.com, www.dailyblankets.com, www.giftmug.net, www.holeshirts.com, www.odeszamerch.com, www.ravegearcompany.com, www.trendteeshirts.com, www.vinahomesvilas.com and www.vinnytoys.com added to case caption. (Sullivan, Ann Marie) |
| Filing 28 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 4/29/2024. Mailed notice. (jlj, ) |
| Filing 27 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction #22 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established #26 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Sullivan & Carter, LLP, is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. (jlj, ) |
| Filing 26 CERTIFICATE of Service by Alison K Carter on behalf of Odesza LLC regarding order on motion for preliminary injunction,,,,, text entry,,,, #25 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Carter, Alison) |
| Filing 25 MINUTE entry before the Honorable Lindsay C. Jenkins: Motion for preliminary injunction #22 is entered and continuedBefore the Court is Plaintiff's motion #22 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining 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 April 26, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining 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 orders entering the TRO, the TRO is extended until 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." Id. at 844. Mailed notice. (jlj, ) |
| Filing 24 SUMMONS Returned Executed by Odesza LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/23/2024, answer due 5/14/2024. (Attachments: #1 Declaration of Service)(Carter, Alison) |
| Filing 23 MEMORANDUM by Odesza LLC in support of motion for preliminary injunction #22 (Attachments: #1 Declaration of Ann Marie Sullivan)(Carter, Alison) |
| Filing 22 MOTION by Plaintiff Odesza LLC for preliminary injunction (Carter, Alison) |
| Filing 21 SURETY BOND in the amount of $ 10,000 posted by Odesza LLC (Document not scanned.) (lw, ) |
| Filing 20 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO #19 is granted. The TRO is extended until April 25, 2024. Mailed notice. (jlj, ) |
| Filing 19 MOTION by Plaintiff Odesza LLC for extension of time of Temporary Restraining Order #18 (Attachments: #1 Supplement Memorandum in Support of Motion, #2 Declaration of Alison K. Carter)(Carter, Alison) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (vkm, ) |
| Filing 18 TRO Signed by the Honorable Lindsay C. Jenkins on 3/28/2024. Mailed notice. (jlj, ) Modified on 5/8/2024 (gcy, ). |
Filing 17
ORDER written by the Honorable Lindsay C. Jenkins on 3/28/2024. Mailed notice. (jlj, ) Modified on 5/8/2024 (gcy, ).
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| Filing 16 MINUTE entry before the Honorable Lindsay C. Jenkins: The Clerk is directed to amend the case caption to reflect that Odesza LLC is the Plaintiff. Mailed notice. (jlj, ) |
| Filing 15 AMENDED complaint by XYZ Corporation against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit 1)(Carter, Alison) |
| Filing 14 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion #12 is denied in part. The motion is denied with respect to the request to temporarily proceed under a pseudonym. No-name litigation is disfavored in general, and the Seventh Circuit has repeatedly voiced disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings. The Court is not convinced that the circumstances described in Plaintiff's filing are truly exceptional; hundreds of other "Schedule A" cases proceed without anonymity and the Court cannot see why this case is any different. The motion is granted to the extent is seeks to seal certain documents. By April 1, 2024, Plaintiff may refile its complaint in its own name without the use of a pseudonym, and it may resubmit its proposed TRO to the Court's proposed order mailbox in its own name. (There is no need to re-file the other pending motions). Failure to comply by the April 1 deadline will result in dismissal without prejudice. Mailed notice. (jlj, ) |
| Filing 13 MEMORANDUM by XYZ Corporation in support of motion for leave to file #12 Certain Documents under Seal and to Temporarily Proceed under a Pseudonym (Attachments: #1 Declaration of Ann Marie Sullivan, #2 Declaration of Sandy Zhuang, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3)(Carter, Alison) |
| Filing 12 MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym (Carter, Alison) |
| Filing 11 DOCUMENT by Plaintiff XYZ Corporation Notice of Claims Involving Trademarks (Carter, Alison) Modified on 4/30/2024 (gcy, ). |
| Filing 10 DOCUMENT by Plaintiff XYZ Corporation Notification of Affiliates (Carter, Alison) Modified on 4/30/2024 (gcy, ). |
| Filing 9 MEMORANDUM by XYZ Corporation in support of motion for miscellaneous relief #8 for Electronic Service of Process (Attachments: #1 Declaration of Ann Marie Sullivan, #2 Exhibit 1-2)(Carter, Alison) |
| Filing 8 MOTION by Plaintiff XYZ Corporation for Electronic Service of Process (Carter, Alison) |
| Filing 7 DOCUMENT by Plaintiff XYZ Corporation Memorandum in Support of Motion for Temporary Restraining Order (Attachments: #1 Declaration of Plaintiff in Support of Motion for Temporary Restraining Order, #2 Exhibit 1, #3 Declaration of Beiersdorf in Support of Motion for Temporary Restraining Order, #4 Exhibit 1 - Part 1, #5 Exhibit 1 - Part 2)(Carter, Alison) Modified on 4/30/2024 (gcy, ). |
| Filing 6 MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order (Carter, Alison) Modified on 4/30/2024 (gcy, ). |
| Filing 5 ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
| Filing 4 ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter (Carter, Alison) |
| Filing 3 CIVIL Cover Sheet (Carter, Alison) |
| Filing 2 DOCUMENT by Plaintiff XYZ Corporation Complaint (Unredacted) (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Schedule A)(Carter, Alison) Modified on 4/30/2024 (gcy, ). |
| Filing 1 COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-21791113. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Schedule A)(Carter, Alison) |
| 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. (jmv, ) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (jmv, ) |
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