Alisan Fine Art Co. Ltd.
| Alisan Fine Art Co. Ltd. |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint |
| 1:2024cv04823 |
| June 11, 2024 |
| U.S. District Court for the Northern District of Illinois |
| John Robert Blakey |
| Trademark |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 9, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 52 MEMORANDUM by Alisan Fine Art Co. Ltd. in support of motion for temporary restraining order #46 CORRECTED MEMORANDUM (Smith, Keaton) |
| Filing 51 MOTION by Plaintiff Alisan Fine Art Co. Ltd. REMOVE INCORRECTLY FILED DOCUMENT (Smith, Keaton) |
| Filing 50 SEALED EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. regarding declaration #48 (Smith, Keaton) |
| Filing 49 EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. Trademark Registration regarding declaration #48 (Smith, Keaton) |
| Filing 48 DECLARATION of August, Jesse Warren regarding motion for temporary restraining order #46 (Smith, Keaton) |
| Filing 47 MEMORANDUM by Alisan Fine Art Co. Ltd. in support of motion for temporary restraining order #46 (Smith, Keaton) |
| Filing 46 MOTION by Plaintiff Alisan Fine Art Co. Ltd. for temporary restraining order (Smith, Keaton) |
| Filing 45 SEALED EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. Second Amended Schedule A regarding amended complaint #40 (Smith, Keaton) |
| Filing 44 MEMORANDUM by Alisan Fine Art Co. Ltd. in support of motion for miscellaneous relief #43 (Smith, Keaton) |
| Filing 43 MOTION by Plaintiff Alisan Fine Art Co. Ltd. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Smith, Keaton) |
| Filing 42 SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. Memorandum in Support of Joinder of Defendants (Smith, Keaton) |
| Filing 41 MOTION by Plaintiff Alisan Fine Art Co. Ltd. for Leave to File Certain Documents Under Seal (Smith, Keaton) |
| Filing 40 Second AMENDED complaint by Alisan Fine Art Co. Ltd. against Alisan Fine Art Co. Ltd. (Smith, Keaton) |
| Filing 39 MINUTE entry before the Honorable John Robert Blakey: Plaintiff filed an amended complaint claiming infringement of Plaintiff's "Unpree" mark, as well as false designation of origin and violation of the Illinois Uniform Deceptive Trade Practices Act. See #24 . Plaintiff seeks to join 202 Defendants in this single suit. See #30 . Joinder of multiple defendants in a single trademark infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). Plaintiff's registered the mark, which, according to the registration, has no meaning in a foreign language, in connection with the following goods and services: "Eau-de-toilette; Eyeshadows; Lipsticks; Shampoo-conditioners; Artificial fingernails; Cleansing milk; Cosmetic hand creams; Cosmetic pencils; Cosmetic preparations; Cosmetic preparations against sunburn; Cosmetic rouges; Cosmetics and cosmetic preparations; Eyebrow pencils; False eyelashes; Hair oils; Hair relaxing preparations; Make-up sets; and Nail enamels." #25 at 2. It seeks to preclude use of the mark by Defendants, who use the mark in connection with dental products (including teeth whitening products, toothpaste, and mouthwash), depuffing eye gels and serums, hair regrowth products, magnetic eyelashes, and perfume, #28 , #29 . Presumably in support of joinder, Plaintiff alleges that "the Defendant Internet Stores share unique identifiers establishing a logical relationship between them and reflecting that Defendants' counterfeiting operation arises out of the same transaction, occurrence, or series of transactions or occurrences." #24 5. Plaintiff also alleges that "Defendants appear to be an interrelated group of counterfeiters and infringers, who create numerous Defendant Internet Stores and design these stores to appear to be selling genuine versions of Plaintiff's licensed products, while they actually sell inferior imitations of Plaintiff licensed products. The Defendant Internet Stores share unique identifiers, such as common design elements, such as the same or similar Counterfeit Products they offer for sale, similar Counterfeit Product descriptions, the same or substantially similar shopping cart platforms, accepted payment methods, check-out methods, lack of contact information, identically or similarly priced Counterfeit Products and volume sales discounts, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction or occurrence." Id. 14. Finally, Plaintiff alleges, on information and belief, that "Defendants are an interrelated group of counterfeiters working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Counterfeit Products in the same transaction, occurrence, or series of transactions or occurrences." Id. 25. But such statements are legal conclusions, and they remain unsupported by facts. Additionally, although "unique identifiers" could signify a relationship between the defendants, they could just as easily mean that each retailer sets up shop in the same manner. See, e.g., Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). Perhaps more importantly, the evidence submitted with the complaint undermines Plaintiff's claim that the Defendants are all related. Although the sellers offering the eye gels and serums appear to use the same stock photos, for example, the submitted evidence provides no basis to find any relationship between those sellers and the sellers offering the dental products, or the hair regrowth products, or any of the other products. Nor has Plaintiff explained the basis for asserting the mark in connection with the sale of dental products, which appear to fall outside the scope of the registration. For these reasons, the Court finds that Plaintiff has failed to allege facts to support the joinder of the 202 identified Defendants in this single case. The Court thus dismisses the amended complaint #24 , denies the pending motions #31 , #32 , #34 , and strikes the 7/24/24 Notice of Motion date. Mailed notice (gel, ) |
| Filing 38 NOTICE of Motion by Shengmao Mu for presentment of motion for leave to file #31 , motion for temporary restraining order #34 , motion for service by publication #32 before Honorable John Robert Blakey on 7/24/2024 at 11:00 AM. (Mu, Shengmao) |
| Filing 37 SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. memorandum in support of joinder (Mu, Shengmao) |
| Filing 36 SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. August Declaration (Mu, Shengmao) |
| Filing 35 MEMORANDUM by Alisan Fine Art Co. Ltd. in support of motion for temporary restraining order #34 (Mu, Shengmao) |
| Filing 34 MOTION by Plaintiff Alisan Fine Art Co. Ltd. for temporary restraining order (Mu, Shengmao) |
| Filing 33 MEMORANDUM by Alisan Fine Art Co. Ltd. in support of motion for service by publication #32 (Mu, Shengmao) |
| Filing 32 MOTION by Plaintiff Alisan Fine Art Co. Ltd. for service by publication (Mu, Shengmao) |
| Filing 31 MOTION by Plaintiff Alisan Fine Art Co. Ltd. for leave to file certain documents under seal (Mu, Shengmao) |
| Filing 30 SEALED EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. Amended Schedule A (Smith, Keaton) |
| Filing 29 SEALED EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 4-2 regarding amended complaint #24 (Smith, Keaton) |
| Filing 28 SEALED EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 4-1 regarding amended complaint #24 (Smith, Keaton) |
| Filing 27 EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 3 regarding amended complaint #24 (Smith, Keaton) |
| Filing 26 EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 2 regarding amended complaint #24 (Smith, Keaton) |
| Filing 25 SEALED EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 1 regarding amended complaint #24 (Smith, Keaton) |
| Filing 24 AMENDED complaint by Alisan Fine Art Co. Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint (Smith, Keaton) |
| Filing 23 MINUTE entry before the Honorable John Robert Blakey: Plaintiff sues 268 Defendants in this suit, alleging infringement of five separate, unrelated trademarks. Joinder of multiple defendants in a single infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). Plaintiff does not specifically address joinder in its complaint, but it does allege that "Defendants appear to be an interrelated group of counterfeiters and infringers, who create numerous Defendant Internet Stores and design these stores to appear to be selling genuine versions of Plaintiff's licensed products, while they actually selling inferior imitations of Plaintiff licensed products. The Defendant Internet Stores share unique identifiers, such as common design elements, such as the same or similar Counterfeit Products they offer for sale, similar Counterfeit Product descriptions, the same or substantially similar shopping cart platforms, accepted payment methods, check-out methods, lack of contact information, identically or similarly priced Counterfeit Products and volume sales discounts, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction or occurrence." #1 at 14. The Court need not accept Plaintiff's legal conclusion that Defendants are interrelated, and the fact that Defendants' stores look alike does not, without more, make them logically related; it is equally possible that each online retailer sets up shop in a similar manner. See, e.g., Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). Nor has Plaintiff offered any other facts to support the joinder in a single suit of claims alleging infringement of several separate, unrelated marks. Accordingly, the Court dismisses Plaintiff's complaint, denies without prejudice the pending motions #5 , #10 , #12 , and strikes the 6/26/24 Notice of Motion date. To the extent Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support the joinder of 268 Defendants in this single action claiming infringement of four separate, unrelated marks, it may do so by 7/15/24. Mailed notice (gel, ) |
| Filing 22 MINUTE entry before the Honorable John Robert Blakey: In light of the federal holiday, the 6/19/24 Notice of Motion date is stricken and reset to 6/26/24 at 11:00 a.m. in Courtroom 1203. Mailed notice (gel, ) |
| Filing 21 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jcc, ) |
| Filing 19 ATTORNEY Appearance for Plaintiff Alisan Fine Art Co. Ltd. by Keaton David Smith (Smith, Keaton) |
| Filing 20 MAILED trademark report to Patent Trademark Office, Alexandria VA (jcc, ) |
| Filing 18 NOTICE of Motion by Shengmao Mu for presentment of motion for leave to file #5 , motion for temporary restraining order #12 , motion for service by publication #10 before Honorable John Robert Blakey on 6/19/2024 at 11:00 AM. (Mu, Shengmao) |
| Filing 17 SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 4-3 (Mu, Shengmao) |
| Filing 16 SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 4-2 (Mu, Shengmao) |
| Filing 15 SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 4-1 (Mu, Shengmao) |
| Filing 14 SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. August Declaration (Mu, Shengmao) |
| Filing 13 MEMORANDUM motion for temporary restraining order #12 by Alisan Fine Art Co. Ltd. (Mu, Shengmao) |
| Filing 12 MOTION by Plaintiff Alisan Fine Art Co. Ltd. for temporary restraining order (Mu, Shengmao) |
| Filing 11 MEMORANDUM motion for service by publication #10 by Alisan Fine Art Co. Ltd. (Mu, Shengmao) |
| Filing 10 MOTION by Plaintiff Alisan Fine Art Co. Ltd. for service by publication (Mu, Shengmao) |
| Filing 9 Exhibit 3 by Alisan Fine Art Co. Ltd. (Mu, Shengmao) |
| Filing 8 Exhibit 2 by Alisan Fine Art Co. Ltd. (Mu, Shengmao) |
| Filing 7 SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 1 (Mu, Shengmao) |
| Filing 6 SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. Schedule A (Mu, Shengmao) |
| Filing 5 MOTION by Plaintiff Alisan Fine Art Co. Ltd. for leave to file certain documents under seal (Mu, Shengmao) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Alisan Fine Art Co. Ltd. (Mu, Shengmao) |
| Filing 3 ATTORNEY Appearance for Plaintiff Alisan Fine Art Co. Ltd. by Shengmao Mu (Mu, Shengmao) |
| Filing 2 CIVIL Cover Sheet (Mu, Shengmao) |
| Filing 1 COMPLAINT filed by Alisan Fine Art Co. Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22127706.(Mu, Shengmao) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). (emc, ) |
| 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. (emc, ) |
| NEW PARTIES: The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint added to case caption. (Mu, Shengmao) |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint | |
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| Plaintiff: Alisan Fine Art Co. Ltd. | |
| Represented By: | Keaton David Smith |
| Represented By: | Shengmao Mu |
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