XYZ Corporation v. The Partnerships and Unincorporated Associations Identified on Schedule A
| XYZ Corporation |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2024cv02690 |
| April 3, 2024 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Trademark |
| 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Filing 10 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for leave to file under seal and proceed under a pseudonym #6 is granted in part and denied in part. The motion to file under seal is granted; those documents may be filed under seal. The motion to temporarily proceed under a pseudonym is denied. The Seventh Circuit heavily disfavors anonymous, pseudonymous, or "no-name" litigation and requires the plaintiff to demonstrate "exceptional circumstances" that justify a refusal to self-identify. Doe v. Village of Deerfield, 819 F.3d 372, 37677 (7th Cir. 2016). "[B]rand owners who seek relief against alleged counterfeiters may be frustrated by the stringent requirements for pseudonymous litigation. But in the absence of a change in binding Seventh Circuit caselaw, changes to the Federal Rules of Civil Procedure, or the creation of an alternative legislative remedy, the current legal framework does not permit pseudonymity without a demonstration of circumstances more exceptional than those presented" in a typical "Schedule A" online counterfeiting case. XYZ Corp. v. Partnerships and Unincorporated Associations Identified on Sched. A, No. 21-CV-06471, 2022 WL 180151 (N.D. Ill. Jan. 20, 2022); see also XYZ Corporation v. Partnership and Unincorporated Associations Identified on Schedule "A", 2020 WL 6681360 (N.D. Ill., 2020) (noting that in a case with an anonymous plaintiff suing a sealed schedule A, "[t]he public has no earthly idea who is suing whom," and striking the complaint because the plaintiff attempted to proceed anonymously without "request[ing] leave of Court, let alone establish[ing] that 'exceptional circumstances' justify shielding its identity."). The plaintiff's motion identifies circumstances that are common to all "Schedule A" cases, meaning that the circumstances are, by definition, not exceptional. Accordingly, the plaintiff is directed to file an amended, non-anonymous complaint and to change the pseudonym used on the case caption on CM/ECF to the plaintiff's true identity by 4/19/24. Mailed notice (air, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (axk, ) |
| 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, ) |
| Filing 9 SEALED DOCUMENT by Plaintiff XYZ Corporation Notice of Claims Involving Trademarks (Carter, Alison) |
| Filing 8 SEALED DOCUMENT by Plaintiff XYZ Corporation Notification of Affiliates (Carter, Alison) |
| Filing 7 MEMORANDUM by XYZ Corporation in support of motion for leave to file #6 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 6 MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym (Carter, Alison) |
| 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 SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 - Schedule A)(Carter, Alison) |
| Filing 1 COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-21818264. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 - Schedule A)(Carter, Alison) |
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| Plaintiff: XYZ Corporation | |
| Represented By: | Ann Marie Sullivan |
| Represented By: | Alison K Carter |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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