Mercis B.V. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Mercis B.V. |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto and The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 1:2024cv04686 |
| June 6, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on July 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 07/26/2024. Emailed notice (mw, ) |
| Filing 32 MINUTE entry before the Honorable Edmond E. Chang: Given the continued applicability of the circumstances that justified entry of the TRO, the Plaintiff's motion #28 for preliminary injunction is granted. With the answer deadline of 08/15/2024, R. 31, the parties shall file the joint initial status report by 08/21/2024. Any Defendant does not answer on time (or file an extension motion) shall be deemed to be in default, and the Plaintiff shall instead file a motion for default judgment on 08/21/2024. The tracking status hearing of 08/09/2024 is reset to 08/30/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 31 SUMMONS Returned Executed by Mercis B.V. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 7/25/2024, answer due 8/15/2024. (Hierl, Michael) |
| Filing 30 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #28 (Hierl, Michael) |
| Filing 29 MEMORANDUM by Mercis B.V. in support of motion for preliminary injunction #28 (Hierl, Michael) |
| Filing 28 MOTION by Plaintiff Mercis B.V. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (jxm, ) |
| Filing 27 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the TRO, the motion to extend the TRO #26 is granted through 07/29/2024. The tracking status hearing of 07/19/2024 is reset to 08/09/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 08/02/2024 (the Plaintiff shall file the report on its own if no Defendant has been served or appeared yet), and the Plaintiff shall file by the same deadline a preliminary-injunction motion, if appropriate. The Plaintiff shall promptly effectuate service when appropriate. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| Filing 26 MOTION by Plaintiff Mercis B.V. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 25 SURETY BOND in the amount of $ 10,000 posted by Mercis B.V. (Document not scanned) (rc, ) |
| Filing 24 SEALED TEMPORARY Restraining Order signed by the Honorable Edmond E. Chang on 7/1/2024. Emailed notice (cn). |
| Filing 23 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #19 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. 1117(a). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion #7 for leave to file under seal is granted in light of the asset-restraint goal. The extra-pages motion #18 is granted. By 07/08/2024, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The tracking status hearing of 07/05/2024 is reset to 07/19/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 07/10/2024. Emailed notice (cn). |
| Filing 22 Notice of Claims Involving Trademarks by Mercis B.V. (Hierl, Michael) |
| Filing 21 SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 to Padberg Declaration (Hierl, Michael) |
| Filing 20 MEMORANDUM by Mercis B.V. in support of motion for temporary restraining order, #19 (Attachments: #1 Declaration Padberg Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Declaration Hierl Declaration, #5 Exhibit Hierl Exhibit 1, #6 Exhibit Hierl Exhibit 2, #7 Exhibit Hierl Exhibit 3, #8 Exhibit Hierl Exhibit 4)(Hierl, Michael) |
| Filing 19 MOTION by Plaintiff Mercis B.V. 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 18 MOTION by Plaintiff Mercis B.V. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff Mercis B.V. Amended Schedule A (Hierl, Michael) |
| Filing 16 AMENDED complaint by Mercis B.V. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hierl, Michael) |
| Filing 15 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 14, the Plaintiff is supposed to file an amended complaint and other motions today (06/27/2024), and the deadline is adopted. The tracking status hearing of 06/28/2024 is reset to 07/05/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 14 STATUS Report Initial Status Report by Mercis B.V. (Hierl, Michael) |
| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 06/28/2024 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 06/20/2024. Plaintiff must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (evw,) |
| Filing 11 MAILED copyright report to Registrar, Washington DC. (evw,) |
| Filing 10 MAILED trademark report to Patent Trademark Office, Alexandria VA. (evw,) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mercis B.V. (Hierl, Michael) |
| Filing 8 SEALED DOCUMENT by Plaintiff Mercis B.V. Sealed Schedule A (Hierl, Michael) |
| Filing 7 MOTION by Plaintiff Mercis B.V. to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 6 ATTORNEY Appearance for Plaintiff Mercis B.V. by John Wilson (Wilson, John) |
| Filing 5 ATTORNEY Appearance for Plaintiff Mercis B.V. by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Mercis B.V. by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Mercis B.V. by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Mercis B.V.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22111281. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hierl, Michael) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). (gmm, ) |
| 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. (gmm, ) |
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| Plaintiff: Mercis B.V. | |
| Represented By: | Michael A. Hierl |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Robert Payton Mcmurray |
| Represented By: | John Wilson |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto | |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
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