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 Schedule A Hereto and The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 1:2024cv06687 |
| July 31, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Jeffrey I Cummings |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on August 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Mercis B.V. (Mcmurray, Robert) |
| Filing 27 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction #24 . In connection with that motion, plaintiff must serve all remaining 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 or before September 11, 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, ) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (mcp, ) |
| Filing 26 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #24 (Hierl, Michael) |
| Filing 25 MEMORANDUM by Mercis B.V. in support of motion for preliminary injunction #24 (Hierl, Michael) |
| Filing 24 MOTION by Plaintiff Mercis B.V. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| Filing 23 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to extend the TRO #21 is granted. The TRO entered on 8/6/24 #20 is extended to 9/2/24. Mailed notice (cc, ) |
| Filing 22 SURETY BOND in the amount of $ 1,000.00 posted by Mercis B.V. (tg, ) |
| Filing 21 MOTION by Plaintiff Mercis B.V. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 20 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Jeffrey I Cummings on 8/6/2024 (td, ) |
| Filing 19 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file under seal #7 , motion for leave to file excess pages #14 , and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, and for electronic service of process #15 are granted as to Amended Schedule A. Plaintiff's submissions establish that, were defendant to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendant could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendant to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendant, stopping defendant's infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendant from an order directing them to stop infringement. 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing is set for 10/7/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| Filing 18 Notice of Claims Involving Trademarks by Mercis B.V. (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 to Padberg Declaration (Hierl, Michael) |
| Filing 16 MEMORANDUM by Mercis B.V. in support of motion for temporary restraining order, #15 (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 15 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 14 MOTION by Plaintiff Mercis B.V. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff Mercis B.V. Amended Schedule A (Hierl, Michael) |
| Filing 12 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 11 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (nsf, ) |
| Filing 10 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (nsf, ) |
| 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-22305240. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hierl, Michael) |
| 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. (jcc, ) |
| CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (jcc, ) |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
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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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| 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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