The Pencil Grip, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| The Pencil Grip, Inc. |
| THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED IN SCHEDULE A, The Partnerships and Unincorporated Associations Identified on Schedule A, 1 EUBUY, 2 FAFAYA, 3 guangzhouqingxiangshangmao, 4 Midesaiseng, 5 Pongnas, 6 Rotekt1740, 7 Sinbuy-us, 8 Vertigo us, 9 yuytee, 10 diversitysrl2020/diversity.srl and 11 Long SH. Trade |
| 1:2024cv03005 |
| April 15, 2024 |
| US District Court for the Northern District of Illinois |
| Jeffrey I Cummings |
| Lindsay C Jenkins |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on June 13, 2024. A more recent docket listing may be available from PACER.
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| Filing 31 CERTIFICATE of Service as to all remaining defendants by Rishi Nair on behalf of The Pencil Grip, Inc. regarding text entry,, #30 (Attachments: #1 Supplement Email to Defendants)(Nair, Rishi) |
| Filing 30 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion #28 for entry of default and default judgment against all defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 6/21/24. 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. Mailed notice (cc, ) |
| Filing 29 MEMORANDUM by The Pencil Grip, Inc. in support of motion for default judgment #28 as to all remaining defendants as listed in Exhibit 1 (Attachments: #1 Exhibit 1, Defaulting Defendant List, #2 Declaration by Rishi Nair, #3 Exhibit 1 to Nair Declaration (Unpublished Caselaw), #4 Certificate of Service)(Nair, Rishi) |
| Filing 28 MOTION by Plaintiff The Pencil Grip, Inc. for default judgment as to all remaining defendants as listed in Plaintiff's Memorandum in Support of Its Motion for Entry of Default and Default Judgment (Nair, Rishi) |
| Filing 27 NOTICE of Voluntary Dismissal by The Pencil Grip, Inc. with prejudice as to Def. No. 1 EUBUY ONLY (Nair, Rishi) |
| Filing 26 NOTICE of Voluntary Dismissal by The Pencil Grip, Inc. with prejudice as to Def. Nos. 4 Midesaiseng; 6 Rotekt1740; 7 Sinbuy-us; 8 Vertigo us; and, 9 yuytee ONLY (Nair, Rishi) |
| NEW PARTIES: 1 EUBUY, 2 FAFAYA, 3 guangzhouqingxiangshangmao, 4 Midesaiseng, 5 Pongnas, 6 Rotekt1740, 7 Sinbuy-us, 8 Vertigo us, 9 yuytee, 10 diversitysrl2020/diversity.srl and 11 Long SH. Trade added to case caption. (Nair, Rishi) |
| Filing 25 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeffrey I Cummings on 5/23/2024. Mailed notice. (jn,) |
| Filing 24 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction #20 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 that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. The 6/10/24 tracking status hearing is stricken and re-set to 7/1/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| Filing 23 CERTIFICATE of Service by Rishi Nair on behalf of The Pencil Grip, Inc. regarding text entry,,,, #22 (Attachments: #1 Exhibit 1, Email to Enjoined Defendants)(Nair, Rishi) |
| Filing 22 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion #20 for entry of a preliminary injunction. 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 May 20, 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 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 21 MEMORANDUM by The Pencil Grip, Inc. in support of motion for preliminary injunction #20 against all Defendants (Attachments: #1 Declaration by Rishi Nair, #2 Exhibit 1 to Nair Declaration (Unpublished Caselaw), #3 Exhibit 2 to Nair Declaration (Enjoined Defendant List), #4 Certificate of Service)(Nair, Rishi) |
| Filing 20 MOTION by Plaintiff The Pencil Grip, Inc. for preliminary injunction (Nair, Rishi) |
| Filing 19 SUMMONS Returned Executed by The Pencil Grip, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/9/2024, answer due 5/30/2024. (Nair, Rishi) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (ksr, ) |
| Filing 18 MINUTE entry before the Honorable Jeffrey I Cummings:Plaintiff's motion for extension of the TRO #17 is granted. The TRO entered on 4/22/24 is extended to 5/20/24. The 5/10/24 tracking status hearing is stricken and re-set to 6/10/24. Mailed notice (cc, ) |
| Filing 17 MOTION by Plaintiff The Pencil Grip, Inc. for temporary restraining order extension (Nair, Rishi) |
| Filing 16 MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. The Court entered a TRO on 4/22/24 #13 . Any motion to extend the TRO shall be filed on or before 5/2/24. Status hearing set for 5/10/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| Filing 15 SURETY BOND in the amount of $ 10,000 posted by The Pencil Grip, Inc. Document not imaged (daj, ) |
| Filing 14 MINUTE entry before the Honorable Lindsay C. Jenkins: TRANSFER OF CASE TO THE EXECUTIVE COMMITTEE FOR A REASSIGNMENT The above captioned case is currently pending on my calendar. I request the Executive Committee that this case be reassigned to the calendar of Judge Jeffrey Cummings. The reason for my request are indicated on the bottom of this form. Mailed notice (Attachments: #1 Request for Reassignment) (daj, ) |
| Filing 13 SEALED TRO Signed by the Honorable Lindsay C. Jenkins on 4/22/2024. Mailed notice. (jlj, ) |
| Filing 12 SEALED ORDER written by the Honorable Lindsay C. Jenkins on 4/22/2024. Mailed notice. (jlj, ) |
| Filing 11 MEMORANDUM IN SUPPORT OF PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF A (1) TEMPORARY RESTRAINING ORDER, (2) ASSET RESTRAINING ORDER, (3) EXPEDITED DISCOVERY ORDER, AND (4) SERVICE OF PROCESS BY EMAIL by Plaintiff The Pencil Grip, Inc. Memorandum in support of Plaintiff's Motion for Entry of Ex Parte Temporary Restraining Order and other relief (Attachments: #1 Declaration by Plaintiff, #2 Exhibit 1, Registered Trademark and Official Plaintiff Webstore Offerings, #3 Declaration by Rishi Nair, #4 Exhibit 1 to Nair Declaration (Unpublished Caselaw), #5 Exhibit 2, Screenshot Evidence of Infringement)(Nair, Rishi) Modified on 6/13/2024. (jj, ). |
| Filing 10 MOTION by Plaintiff The Pencil Grip, Inc. for temporary restraining order ex parte as well as asset freeze order, expedited discovery, and other relief pursuant to FRCP 4(f)(3) (Nair, Rishi) |
| Filing 9 MOTION by Plaintiff The Pencil Grip, Inc. for leave to file excess pages as to Plaintiff's Memorandum in support of Plaintiff's Motion for Entry of Ex Parte Temporary Restraining Order and other relief (Nair, Rishi) |
| Filing 8 MOTION by Plaintiff The Pencil Grip, Inc. to seal Dkt. 2 ("Schedule A") AND Memorandum in support of Plaintiff's Motion for Entry of Ex Parte Temporary Restraining Order and other relief (Nair, Rishi) |
| Filing 7 MINUTE entry before the Honorable Lindsay C. Jenkins: Unless a motion to seal document #2 is filed by April 24, 2024, then the Court will direct the clerk to unseal the documents filed at #2 . Mailed notice. (jlj, ) |
| Filing 6 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jg, ) |
| Filing 5 MAILED trademark report to Patent Trademark Office, Alexandria VA (jg, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff The Pencil Grip, Inc. by Rishi Nair (Nair, Rishi) |
| Filing 3 CIVIL Cover Sheet (Nair, Rishi) |
| Filing 2 EXHIBIT 2 - Schedule A Defendant List and Evidence by Plaintiff The Pencil Grip, Inc. Exhibit 2, Defendant List ("Schedule A") (Nair, Rishi) Modified on 6/13/2024. (jj, ). |
| Filing 1 COMPLAINT filed by The Pencil Grip, Inc.; Filing fee $ 405, receipt number AILNDC-21855125. (Attachments: #1 Exhibit 1, Plaintiff's Trade dress Registration Certificate, #2 Exhibit 2, Defendant List (to be filed under seal), #3 Exhibit 3, Common Infringement Evidence, #4 Exhibit 4, Machine Translation of Exhibit 3)(Nair, Rishi) |
| 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. (khg, ) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (khg, ) |
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