Bigfoot 4x4, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Bigfoot 4x4, Inc. |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, H&H Life, YIXIYI Co.Itd, yiwushiguiaoxinxikejiyouxiangongsi, xiamenzhengfengkenwangluo, VAJJEXRC, Magic Pocket, Joybuy Marketplace(Express), Joybuy, HFY Marketplace LLC, GBSELL.Clearance!, Esaierr Co.Ltd, AURIGATE, AN SHENG LLC, wkyip79, THE SUPERIORS SHIRT SHOP, ThatMerchStore, Super3, spywarenona2522, sixquarter, RMorra, Raionha, Ploxd, Octoplatypus, Nubsworld, masum8282, lunegreiros, IhenadoSanco, Hariolf, GAS-Designs, FamFun, FadioAshuka, depresident, Culopop, CORFICREATIVE, arthittm, alt0230, AI Masterpieces, Yohi c, Theodred, SHXH, smx, Plainclothes Commune, Nibingquan shop, Milliebaby, Mens hoodie, MAGERS, JiYuan toys, FUNNYYY, eaglestone toy house, Black Bear Hot Pot toy, Auspiciousday, ASHIONG, XZSNLYZ US, XU JNMHBG, XINWANG MODEL, WOAEIUOS, Wangzhifu store, Tiantai Yima Automobile Accessories Co., Ltd, The world and the world, Spirit HP, Sincerely Mr Huang, SINCE1912, shenyoubaihuo, RUIERTI, Ru Ying, ROOMSSHOP, RICK OWENS, RED DRAGONFLYE, ONERC Model, Mokky, Mandy Meet, LMXCTDDAS, Kosdfoge Direct, King of models, Jwentye, JUEJINGBAO, JoiJoy_JoiJoy, joeqiao, huifhdn48946513, guangdongjunhaomaoyi, FYUDI, Flytulic NA, Escape Xin, Dzstru-US, dsfholn48946, dhun8933230, Cqutevind, Chenwo-us, car life, BigkingEU, ApricotTree, And Yu, Amy store-us, 3D LED LAMP NIGHT LIGHT, zero-models, yjym-50, willemate, wangxin-6, visionmodel, tuiencool, toptrendecor, tedytjandera.mandalatoys, tbox_tbtb, stickersmaster, royalra-67, rideksshop, red-maxx, rchobbystoredeals, quality_zone_0, online_24.7, minnie1025, macroge, luckyb5935, lisha-4155, limasagalaaya, lifebystyle, kanata2005shop, gadgetsimpact, funhome914, fantastics, egrandmart, dongfengmodel, diecast_replicas, alicewond70, XPZONE Co., Ltd., OXM MALL, HongKongEastonTechnologyCoLimited, HESITONE, Aloha Toii, teebazaar, staylacy, patricktanner, Jey57, Hamouda76, wangyuk, qiuyonghui, turbopig, trendy-toys3, supreme-model, sell4eu, parker3721, moxtoys, ministation, minimodelsgt, magic-trumpeter-6, magic-pill-toy4, knick-toys, kingpopmodel, kevinw-39870, home-lamp, has8103, gooutlook, goodshot3, gamma8858, flowerm2c, famehobby, dongfeng2019, d-caseme, chinaznb, chinalight2015, britley3, benediction-jy, beauty2337, bauble-toys, bairick333 and anita8855 |
| 1:2024cv02499 |
| March 28, 2024 |
| U.S. District Court for the Northern District of Illinois |
| John J Tharp |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 59 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal #58 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the defendants listed therein are dismissed from this case. Mailed notice (air, ) |
| Filing 58 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| Filing 57 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal #56 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants 10, 11, 23, 24, 25, 30, 45, 50, 68, 72, 84, and 91 are dismissed from this case. Mailed notice (air, ) |
| Filing 56 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| Filing 55 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal #54 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 99, 121, 155, 156, and 157. Mailed notice (air, ) |
| Filing 54 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| Filing 53 MINUTE entry before the Honorable John J. Tharp, Jr: Plaintiff's motion for entry of a preliminary injunction order against defendant no. 88 "H& Life" #38 is denied. Upon consideration of the objection submitted by defendant no. 88 #47 and the plaintiff's reply #52 , the Court is not persuaded that the plaintiff has shown a sufficient likelihood of success on the merits of its trademark claim against defendant no. 88 "H&H Life" for alleged infringement of its "BIGFOOT" word mark. The "evidence of infringement" submitted by the plaintiff shows that defendant no. 88 includes the following in its product description: "Suitable for 1/10 bigfoot climbing, off road, drifting RC cars." ECF No. 52-3. Plaintiff's own reply notes that this is an instance where "Defendant is using the 'BIGFOOT' name/mark to describe the products it is selling." Reply at 5, ECF No. 52. Under 15 U.S.C. 1115(b)(4), a defendant in a trademark infringement action may invoke the fair use defense by demonstrating that the alleged infringement "is a use, otherwise than as a mark... which is descriptive of and used fairly and in good faith only to describe the goods or services of such party." There is little to nothing about the defendant's use of the word "bigfoot" that indicates it is using the word "bigfoot" in that product description to identify itself as the owner of the "bigfoot" mark or to indicate that the source of its product is that of the trademark owner. The plaintiff thus fails to show that it has a likelihood of prevailing against the defendant's descriptive fair use defense. The extended TRO #49 is dissolved against defendant no. 88, H&H Life; any asset freeze or other restraint imposed is lifted. Mailed notice (air, ) |
| Terminating Joybuy Marketplace(Express), Plainclothes Commune, benediction-jy, kevinw-39870, supreme-model, yjym-50, ASHIONG and Joybuy (Hierl, Michael) |
| NEW PARTIES: minnie1025, macroge, luckyb5935, lisha-4155, limasagalaaya, lifebystyle, kanata2005shop, gadgetsimpact, funhome914, fantastics, egrandmart, dongfengmodel, diecast_replicas, alicewond70, XPZONE Co., Ltd., OXM MALL, HongKongEastonTechnologyCoLimited, HESITONE, Aloha Toii, teebazaar, staylacy, patricktanner, Jey57, Hamouda76, wangyuk, qiuyonghui, turbopig, trendy-toys3, supreme-model, sell4eu, parker3721, moxtoys, ministation, minimodelsgt, magic-trumpeter-6, magic-pill-toy4, knick-toys, kingpopmodel, kevinw-39870, home-lamp, has8103, gooutlook, goodshot3, gamma8858, flowerm2c, famehobby, dongfeng2019, d-caseme, chinaznb, chinalight2015, britley3, benediction-jy, beauty2337, bauble-toys, bairick333 and anita8855 added to case caption. (Hierl, Michael) |
| NEW PARTIES: MAGERS, JiYuan toys, FUNNYYY, eaglestone toy house, Black Bear Hot Pot toy, Auspiciousday, ASHIONG, XZSNLYZ US, XU JNMHBG, XINWANG MODEL, WOAEIUOS, Wangzhifu store, Tiantai Yima Automobile Accessories Co., Ltd, The world and the world, Spirit HP, Sincerely Mr Huang, SINCE1912, shenyoubaihuo, RUIERTI, Ru Ying, ROOMSSHOP, RICK OWENS, RED DRAGONFLYE, ONERC Model, Mokky, Mandy Meet, LMXCTDDAS, Kosdfoge Direct, King of models, Jwentye, JUEJINGBAO, JoiJoy_JoiJoy, joeqiao, huifhdn48946513, guangdongjunhaomaoyi, FYUDI, Flytulic NA, Escape Xin, Dzstru-US, dsfholn48946, dhun8933230, Cqutevind, Chenwo-us, car life, BigkingEU, ApricotTree, And Yu, Amy store-us, 3D LED LAMP NIGHT LIGHT, zero-models, yjym-50, willemate, wangxin-6, visionmodel, tuiencool, toptrendecor, tedytjandera.mandalatoys, tbox_tbtb, stickersmaster, royalra-67, rideksshop, red-maxx, rchobbystoredeals, quality_zone_0 and online_24.7 added to case caption. (Hierl, Michael) |
| NEW PARTIES: YIXIYI Co.Itd, yiwushiguiaoxinxikejiyouxiangongsi, xiamenzhengfengkenwangluo, VAJJEXRC, Magic Pocket, Joybuy Marketplace(Express), Joybuy, HFY Marketplace LLC, GBSELL.Clearance!, Esaierr Co.Ltd, AURIGATE, AN SHENG LLC, wkyip79, THE SUPERIORS SHIRT SHOP, ThatMerchStore, Super3, spywarenona2522, sixquarter, RMorra, Raionha, Ploxd, Octoplatypus, Nubsworld, masum8282, lunegreiros, IhenadoSanco, Hariolf, GAS-Designs, FamFun, FadioAshuka, depresident, Culopop, CORFICREATIVE, arthittm, alt0230, AI Masterpieces, Yohi c, Theodred, SHXH, smx, Plainclothes Commune, Nibingquan shop, Milliebaby and Mens hoodie added to case caption. (Hierl, Michael) |
| Filing 52 REPLY by Plaintiff Bigfoot 4x4, Inc. Plaintiff's Reply in Support of a Preliminary Injunction Against Defendant No. 88 "H&H LIFE" (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hierl, Michael) |
| Filing 51 PRELIMINARY INJUNCTION ORDER signed by the Honorable John J. Tharp, Jr on 5/3/2024. Mailed notice (ags) |
| Filing 50 MINUTE entry before the Honorable John J. Tharp, Jr: On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction as to certain defendants #38 is granted, except as to the single objecting defendant (defendant no. 88) as noted in the Court's previous order #49 . Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 5/8/24 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Mailed notice (ags) |
| Filing 49 MINUTE entry before the Honorable John J. Tharp, Jr: Defendant H&H Life (defendant no. 88) has objected to the motion for preliminary injunction against it #46 . The plaintiff's response is due 5/3/24. The TRO will be extended against defendant H&H Life beyond the 28-day limit while the motion for preliminary injunction is pending, i.e., until the Court reaches a decision on the motion. This extension is technically a conversion of the TRO to an enforceable preliminary injunction subject to appellate review. H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844-45 (7th Cir. 2012) (holding that a district court may extend the duration of a TRO beyond the statutory limit and without consent of the enjoined party until it reaches a decision on a preliminary injunction by technically converting the TRO into an enforceable preliminary injunction subject to appellate review). Mailed notice. (mgh, ) |
| Filing 48 MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the plaintiff's notice of voluntary dismissal #46 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 5, 18, 28, 71, and 126 are dismissed from this case. Mailed notice (air, ) |
| Filing 47 MEMORANDUM by H&H Life in Opposition to motion for preliminary injunction #38 (Attachments: #1 Exhibit A, #2 Exhibit B)(Zhou, Huicheng) |
| Filing 46 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| Filing 45 ATTORNEY Appearance for Defendant H&H Life by Huicheng Zhou (Zhou, Huicheng) |
| Filing 44 MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the plaintiff's notice of voluntary dismissal #41 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 116 is dismissed from this case. Mailed notice (air, ) |
| Filing 43 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction #38 is taken under advisement. Any objection or response is due before 5/2/24. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed before May 2, 2024. The plaintiff must also provide to each defendant the screenshot evidence of the allegedly infringing product(s) offered and sold by that defendant that Plaintiff has provided to the Court in support of its request for a TRO and/or preliminary injunction. Mailed notice (air, ) |
| Filing 42 CERTIFICATE of Service by John Wilson on behalf of Bigfoot 4x4, Inc. (Attachments: #1 Exhibit A)(Wilson, John) |
| Filing 41 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 116 (Hierl, Michael) |
| Filing 40 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #38 (Hierl, Michael) |
| Filing 39 MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for preliminary injunction #38 (Hierl, Michael) |
| Filing 38 MOTION by Plaintiff Bigfoot 4x4, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-159 and 162-166 (Hierl, Michael) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (jcm) |
| Filing 37 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion to substitute defendant and leave to file an amended complaint #33 is granted. The Court finds that amendment to add the proposed defendant does not raise any issues of undue prejudice or delay and permitted pursuant to Rules 15(a) and 21. Mailed notice (air, ) |
| Filing 36 EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 4/16/2024. Mailed notice(air, ) |
| Filing 35 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order #32 is granted. Enter order. Mailed notice (air, ) |
| Filing 34 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal #31 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant nos. 160 and 161 are dismissed from this case. Mailed notice (air, ) |
| Filing 33 MOTION by Plaintiff Bigfoot 4x4, Inc. Plaintiff's Motion to Substitute Defendant and Leave to File an Amended Complaint (Hierl, Michael) |
| Filing 32 MOTION by Plaintiff Bigfoot 4x4, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 31 NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| Filing 30 SURETY BOND in the amount of $ 166,000 posted by Bigfoot 4x4, Inc. (rc, ) |
| Filing 29 SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 4/4/2024. Mailed notice(air, ) |
| Filing 28 MINUTE entry before the Honorable John J. Tharp, Jr: On the grounds set forth in the motion, plaintiff's ex parte motion for TRO #11 is granted. Plaintiff's motions for leave to file under seal #6 and to exceed page limitation #10 are granted. Enter temporary restraining order. Counsel is instructed ensure that future proposed orders submitted to the Court will conform to the formats used by Court for its orders in its "Schedule A" cases. Mailed notice (air, ) |
| Filing 27 Supplement to Exhibit 2 of Trent Declaration by Bigfoot 4x4, Inc. (Hierl, Michael) |
| Filing 26 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for TRO #11 is taken under advisement. The plaintiff is directed to file, under seal, a chart identifying which screenshots in the Exhibit 2 to the Trent Decl. correspond to which defendants on the schedule A. Mailed notice (air, ) |
| Filing 25 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (rc, ) |
| Filing 24 MAILED trademark report to Patent Trademark Office, Alexandria VA. (rc, ) |
| Filing 23 Notice of Claims Involving Trademarks by Bigfoot 4x4, Inc. (Hierl, Michael) |
| Filing 22 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 10 of Trent Declaration (Hierl, Michael) |
| Filing 21 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 9 of Trent Declaration (Hierl, Michael) |
| Filing 20 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 8 of Trent Declaration (Hierl, Michael) |
| Filing 19 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 7 of Trent Declaration (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 6 of Trent Declaration (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 5 of Trent Declaration (Hierl, Michael) |
| Filing 16 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 4 of Trent Declaration (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 3 of Trent Declaration (Hierl, Michael) |
| Filing 14 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 2 of Trent Declaration (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 1 of Trent Declaration (Hierl, Michael) |
| Filing 12 MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for temporary restraining order, #11 (Attachments: #1 Declaration Trent Declaration, #2 Exhibit 1, #3 Declaration Hierl Declaration, #4 Exhibit Hierl Exhibit 1, #5 Exhibit Hierl Exhibit 2, #6 Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Filing 11 MOTION by Plaintiff Bigfoot 4x4, Inc. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael) |
| Filing 10 MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 9 ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by John Wilson (Wilson, John) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bigfoot 4x4, Inc. (Hierl, Michael) |
| Filing 7 SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Sealed Schedule A (Hierl, Michael) |
| Filing 6 MOTION by Plaintiff Bigfoot 4x4, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 5 ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Bigfoot 4x4, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21792990. (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2). (vkm, ) |
| 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. (vkm, ) |
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