Birkenstock US BidCo, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Birkenstock US BidCo, Inc. |
| volker stores, Shenzhen Kalaier Supply Chain Management Co., Ltd., anime_shoe, bapestar, aigogo_shoes, Hangzhou Guoluo Fei E-Commerce Co., Ltd., duypin, Dongguan Zhonghao Trading Co., Ltd., GUANGZHOU YAFEI SHOES TRADING CO., LTD, ajdunkseller008, HE HUIYUN, beego520888, beego, The Partnerships and Unincorporated Associations Identified on Schedule A, aj_boots, KLUKGE, anheshoes_top01, balenciciga, KEYWAY SHOES, best_buyer_kl, Jiangsu Happy Textile Co., Ltd., bangstore8, Quanzhou Jinsheng Shoes Co., Ltd., aj_sports_brand, blackingshoes, boyshoe, bright_shop, bstsneaker120, canvas_shoe, cc_brandes, chinafactory_1, chloeslide, cn_sneakrs, dafu07, dalagan888, datangzgzz50, deargod1, designershoes990, dhfashion987, dhgate_xx, dhgateshoes_24hstore, dhhxgonline, dhwlshop001, dhxysyshop, discount_shoes_sport, dloutdoorpop, dunksellerjordan, east_jewelry, elitehousehold, enjoyshopping001, factory_1, faddish8899, fafaevery, fashion_shoes8, fashionbag8, fc_fa, fcfafafa, feitianmaotai, fwzlyx, fzsneakers, gaoshou_9527, gfexyshoes86, ggsneakers01, ghjklll, glasses1999, glasses899, goatsssssss_shop, good_gh1, good_shoes2024, goodshoes678, greatshoes113, guzzi, h_shop, ha_premium, hegu11, highstreetshoess, hnsgjfgk, hoka_sneakers, home_shoe_store, independencex, jogging350v2, jordans4, Jsem_home, jumpmanshoes01, jzh_1234, kudi_shoe_store, lebron_shoe, lianmang, likeshoes1, lilyshoes1, local_warehouses, lucasbb, lucky_star_777, luckyboots2024, luxuryglass_shoes, luxuryshop1978, luxurystore699, maoxiong, max_shoes_, maxoreshoes, mingshoes8, missshoes, moseshoes, neishoes668, nice_sports_shop, offwhite_slipper, ogmine_sneakers, oncloudred, outdoorsportswj, pcc_shoes, Prastore, privatesphere, putianman, qinmin1234, redbottom_shoe, renrenxinfu, samba_shoe, scarpejord, shechui, shengmeida1, shoe_woman, shoes__cabinet, shoes_kd123, shoes01top, shoes12345678, shoes515, shoeszy666, shoewholesalerbig, shunxin2014888, sku_shoes, slippersshoes, sneaker_man, sneakerfactorys, sneakers_pb, solestage1, source_goods, sportssellerj4, super_running168, t_fashshop, tazzs, tennis_shoe, Tn_shoe, tnshoes_shop2, tnshoes_shop8, top_luxurybags, top1_shoe, topsneaker8, uggskids, valentino_shoe, vintage_gucci, wholesaleshoes2028, wingtip_shoe, worldwide_shop, xiaohui66604, xiatian_sneakers, yangmi577, yeezy350shoes66, young_shoes, yzj0015, yzy_shoes_store, zdm0612, zdm230612, zhoshoe3g, zmkj29, zxy161217, DELINLIN, hangxuan, TaiYuanShiZhiLeKeJiYouXianGongSi, zhenpingxiandainazhubaoyouxiangongsi and bloodyshoes-onsale.com |
| 1:2024cv05621 |
| July 3, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Martha M Pacold |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
This docket was last retrieved on August 27, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 49 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #48 (Attachments: #1 Exhibit 1)(Halpern, Kahlia) |
| Filing 48 MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for entry of default, motion for default judgment #47 (Attachments: #1 Exhibit 1)(Halpern, Kahlia) |
| Filing 47 MOTION by Plaintiff Birkenstock US BidCo, Inc. for entry of default , MOTION by Plaintiff Birkenstock US BidCo, Inc. for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Halpern, Kahlia) |
| Filing 46 STATUS Report per #44 by Birkenstock US BidCo, Inc. (Attachments: #1 Exhibit A)(Halpern, Kahlia) |
| Filing 45 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 8/21/2024. Mailed notice. (jg, ) |
| Filing 44 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction against defendants No. 1-6, #34 . A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiffs' motion for preliminary injunction, #34 , is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Plaintiff is directed to file a status report by 8/23/24 updating the court on the status of the case, including proposed next steps. Mailed notice. (jg, ) |
| Filing 43 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter, #41 , by dropping defendant No. 168 NIEWTR, is granted. Defendant No. 168 NIEWTR is dismissed. Plaintiff has already filed the amended Schedule A on the docket, #42 . Mailed notice. (jg, ) |
| Filing 42 AMENDED exhibit #2 Amended Schedule A (Halpern, Kahlia) |
| Filing 41 MOTION by Plaintiff Birkenstock US BidCo, Inc. for Leave to Amend Schedule A to the Complaint instanter (Halpern, Kahlia) |
| NEW PARTIES: Dongguan Zhonghao Trading Co., Ltd., GUANGZHOU YAFEI SHOES TRADING CO., LTD, Hangzhou Guoluo Fei E-Commerce Co., Ltd., Jiangsu Happy Textile Co., Ltd., Quanzhou Jinsheng Shoes Co., Ltd., Shenzhen Kalaier Supply Chain Management Co., Ltd., duypin, HE HUIYUN, KEYWAY SHOES, KLUKGE, volker stores, aigogo_shoes, aj_boots, aj_sports_brand, ajdunkseller008, anheshoes_top01, anime_shoe, balenciciga, bangstore8, bapestar, beego, beego520888, best_buyer_kl, blackingshoes, boyshoe, bright_shop, bstsneaker120, canvas_shoe, cc_brandes, chinafactory_1, chloeslide, cn_sneakrs, dafu07, dalagan888, datangzgzz50, deargod1, designershoes990, dhfashion987, dhgate_xx, dhgateshoes_24hstore, dhhxgonline, dhwlshop001, dhxysyshop, discount_shoes_sport, dloutdoorpop, dunksellerjordan, east_jewelry, elitehousehold, enjoyshopping001, factory_1, faddish8899, fafaevery, fashion_shoes8, fashionbag8, fc_fa, fcfafafa, feitianmaotai, fwzlyx, fzsneakers, gaoshou_9527, gfexyshoes86, ggsneakers01, ghjklll, glasses1999, glasses899, goatsssssss_shop, good_gh1, good_shoes2024, goodshoes678, greatshoes113, guzzi, h_shop, ha_premium, hegu11, highstreetshoess, hnsgjfgk, hoka_sneakers, home_shoe_store, independencex, jogging350v2, jordans4, Jsem_home, jumpmanshoes01, jzh_1234, kudi_shoe_store, lebron_shoe, lianmang, likeshoes1, lilyshoes1, local_warehouses, lucasbb, lucky_star_777, luckyboots2024, luxuryglass_shoes, luxuryshop1978, luxurystore699, maoxiong, max_shoes_, maxoreshoes, mingshoes8, missshoes, moseshoes, neishoes668, nice_sports_shop, offwhite_slipper, ogmine_sneakers, oncloudred, outdoorsportswj, pcc_shoes, Prastore, privatesphere, putianman, qinmin1234, redbottom_shoe, renrenxinfu, samba_shoe, scarpejord, shechui, shengmeida1, shoe_woman, shoes__cabinet, shoes_kd123, shoes01top, shoes12345678, shoes515, shoeszy666, shoewholesalerbig, shunxin2014888, sku_shoes, slippersshoes, sneaker_man, sneakerfactorys, sneakers_pb, solestage1, source_goods, sportssellerj4, super_running168, t_fashshop, tazzs, tennis_shoe, Tn_shoe, tnshoes_shop2, tnshoes_shop8, top_luxurybags, top1_shoe, topsneaker8, uggskids, valentino_shoe, vintage_gucci, wholesaleshoes2028, wingtip_shoe, worldwide_shop, xiaohui66604, xiatian_sneakers, yangmi577, yeezy350shoes66, young_shoes, yzj0015, yzy_shoes_store, zdm0612, zdm230612, zhoshoe3g, zmkj29, zxy161217, DELINLIN, hangxuan, NIEWTR, TaiYuanShiZhiLeKeJiYouXianGongSi, zhenpingxiandainazhubaoyouxiangongsi and bloodyshoes-onsale.com added to case caption. (Ziegler, Amy) |
Filing 40
ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 8/6/2024. Mailed notice (aee, )
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| Filing 39 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 8/6/2024: (rao, ) |
| Filing 38 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction as to defendants No. 7-171, #29 . A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction, #29 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. (rao, ) |
| Filing 37 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction as to certain defendants, #34 , under advisement and will consider the motion unopposed if no defendant appears and objects by 8/15/2024. Plaintiff shall service defendants with this notice. (rao, ) |
| Filing 36 SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/2/2024, answer due 8/23/2024. (Attachments: #1 Declaration of Lucas A. Peterson, #2 Exhibit A)(Peterson, Lucas) |
| Filing 35 MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for preliminary injunction #34 (Attachments: #1 Declaration of Kahlia R. Halpern, #2 Exhibit 1)(Halpern, Kahlia) |
| Filing 34 MOTION by Plaintiff Birkenstock US BidCo, Inc. for preliminary injunction as to Certain Defendants (Attachments: #1 Exhibit A)(Halpern, Kahlia) |
| Filing 33 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction #29 under advisement and will consider the motion unopposed if no defendant appears and objects by 8/2/2024. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's orders entering the TRO, the TRO is extended to and including the date on 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 FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. (rao, ) |
| Filing 31 SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/22/2024, answer due 8/12/2024. (Attachments: #1 Declaration of Lucas A. Peterson, #2 Exhibit A)(Peterson, Lucas) |
| Filing 30 MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for preliminary injunction #29 (Attachments: #1 Declaration of Kahlia R. Halpern, #2 Exhibit 1)(Halpern, Kahlia) |
| Filing 29 MOTION by Plaintiff Birkenstock US BidCo, Inc. for preliminary injunction as to Certain Defendants (Attachments: #1 Exhibit A)(Halpern, Kahlia) |
| Filing 32 SURETY BOND in the amount of $ $10,000.00 posted by Birkenstock US BidCo, Inc. (tg, ) |
| Filing 28 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter, #26 , by dropping defendant No. 8 Gaoshoes-US, is granted. Defendant No. 8 Gaoshoes-US is dismissed without prejudice. Plaintiff has already filed the amended Schedule A on the docket. See #27 . (rao, ) |
| Filing 27 AMENDED exhibit #2 Amended Schedule A (Halpern, Kahlia) |
| Filing 26 MOTION by Plaintiff Birkenstock US BidCo, Inc. for Leave to Amend Schedule A to the Complaint instanter (Halpern, Kahlia) |
| Filing 25 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal, #24 , which seeks to voluntarily dismiss defendant No. 8 Gaoshoes-US under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant No. No. 8 Gaoshoes-US from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 7/16/24 identifying the remaining defendants. (rao, ) |
| Filing 24 NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendant (Halpern, Kahlia) |
| Filing 23 Registry Deposit Information Form by Birkenstock US BidCo, Inc. (Halpern, Kahlia) |
| Filing 22 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 7/11/2024: (rao, ) |
| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions ( #3 , #13 , #18 ) filed by plaintiff, the supporting memoranda ( #14 , #19 ) and the temporary restraining order, plaintiff's motions for electronic service of process, #18 , motion for leave to file under seal, #3 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, #13 , are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (rao, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (jb, ) |
| Filing 20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #19 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 19 MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Birkenstock US BidCo, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 SEALED EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Exhibit 2 - Parts 1 - 9 regarding declaration #16 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3, #4 Exhibit 2-4, #5 Exhibit 2-5, #6 Exhibit 2-6, #7 Exhibit 2-7, #8 Exhibit 2-8, #9 Exhibit 2-9)(Gaudio, Justin) |
| Filing 16 DECLARATION of Kia Holifield Wimmer regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 15 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 14 MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Birkenstock US BidCo, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 12 ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Lucas Allen Peterson (Peterson, Lucas) |
| Filing 11 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (daj, ) |
| Filing 10 MAILED trademark report to Patent Trademark Office, Alexandria VA. (daj, ) |
| Filing 9 ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Kahlia Roe Halpern (Halpern, Kahlia) |
| Filing 8 ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Birkenstock US BidCo, Inc. (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Birkenstock US BidCo, Inc. (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Birkenstock US BidCo, Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Birkenstock US BidCo, Inc. ; Filing fee $ 405, receipt number AILNDC-22210005. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable David M. Weisman. Case assignment: Random assignment. (Civil Category 2). (evw, ) |
| 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. (evw, ) |
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