Epic Games, Inc. v. The Partnerships and Unincorporated Associations Identified On Schedule A
| Epic Games, Inc. |
| FangGangFangGang |
| 1:2024cv06766 |
| August 1, 2024 |
| US District Court for the Northern District of Illinois |
| Sunil R Harjani |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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| NEW PARTIES: FangGangFangGang added to case caption. Terminating [REDACTED] (Trainor, Martin) |
| Filing 43 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 9/23/2024. Mailed notice(lxs, ) |
| Filing 42 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction #38 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendant 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 [37, 41] that it provided electronic notice to defendant 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 the defendant listed on Schedule A is added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 9/24/2024 is stricken. Summons was issued on 8/28/2024, and Defendant's response to the complaint is due by 10/8/2024. Plaintiff should file any motion for entry of default and default judgment by 10/29/2024. If default and default judgment are not being sought, Plaintiff is ordered to file a status report stating whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 11/7/2024 at 9:15 a.m. Mailed notice (lxs, ) |
| Filing 41 CERTIFICATE of Service by Alexander Whang on behalf of Epic Games, Inc. (Attachments: #1 Exhibit A)(Whang, Alexander) |
| Filing 40 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion #38 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve the defendant 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 9/20/2024." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 9/20/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon the defendant within one business day of its entry on the docket and must promptly file proof of that service. Telephone status hearing set for 9/24/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice (lxs, ) |
| Filing 39 MEMORANDUM by Epic Games, Inc. in support of motion for preliminary injunction #38 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 38 MOTION by Plaintiff Epic Games, Inc. for preliminary injunction (Attachments: #1 Exhibit A, #2 Exhibit 1)(Trainor, Martin) |
| Filing 37 SUMMONS Returned Executed by Epic Games, Inc. as to [REDACTED] on 9/17/2024, answer due 10/8/2024. (Attachments: #1 Declaration of Alexander Whang, #2 Exhibit A)(Whang, Alexander) |
| Filing 36 SURETY BOND in the amount of $1,000 posted by Epic Games, Inc. (Document not scanned). (lm, ) |
| Filing 35 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order #33 is granted. For the reasons stated in Plaintiff's Memorandum #34 , the Court finds good cause to extend the temporary restraining order an additional 14 days to 9/24/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 9/17/2024. Telephone status hearing set for 9/10/2024 is stricken and reset to 9/24/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) |
| Filing 34 MEMORANDUM by Epic Games, Inc. in support of motion for miscellaneous relief #33 (Attachments: #1 Declaration of Martin F. Trainor)(Trainor, Martin) |
| Filing 33 MOTION by Plaintiff Epic Games, Inc. to Extend the Temporary Restraining Order (Trainor, Martin) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified On Schedule A (vkm, ) |
| Filing 32 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 8/27/2024. Mailed notice(lxs, ) |
| Filing 31 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #23 and motion for electronic service of process #27 are granted. The Temporary Restraining Order being entered along with this minute order shall be placed under seal. Plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, were defendant to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that its 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 products, and there is no countervailing harm to defendant from an order directing it 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 defendant. Expedited discovery is warranted to identify defendant and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 4:00 p.m. on 8/27/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 9/3/2024. Telephone status hearing is set for 9/10/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) |
| Filing 30 re: joinder STATEMENT by Epic Games, Inc. (Trainor, Martin) |
| Filing 29 EXHIBIT by Plaintiff Epic Games, Inc. Exhibit 1 regarding MOTION by Plaintiff Epic Games, Inc. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #23 (Trainor, Martin) |
| Filing 28 MEMORANDUM by Epic Games, Inc. in support of motion for miscellaneous relief #27 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 27 MOTION by Plaintiff Epic Games, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Trainor, Martin) |
| Filing 26 SEALED EXHIBIT by Plaintiff Epic Games, Inc. Exhibit 2, Part 1 regarding declaration #25 (Attachments: #1 Exhibit Exhibit 2, Part 1)(Trainor, Martin) |
| Filing 25 DECLARATION of Stewart Miller regarding memorandum in support of motion #24 (Attachments: #1 Exhibit 1)(Trainor, Martin) |
| Filing 24 MEMORANDUM by Epic Games, Inc. in support of motion for miscellaneous relief #23 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 23 MOTION by Plaintiff Epic Games, Inc. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Trainor, Martin) |
| Filing 22 SEALED EXHIBIT by Plaintiff Epic Games, Inc. Schedule A regarding amended complaint #20 (Trainor, Martin) |
| Filing 21 EXHIBIT by Plaintiff Epic Games, Inc. Exhibit 1 regarding amended complaint #20 (Trainor, Martin) |
| Filing 20 AMENDED complaint by Epic Games, Inc. against The Partnerships and Unincorporated Associations Identified On Schedule A (Trainor, Martin) |
| NEW PARTIES: [REDACTED] added to case caption. Terminating The Partnerships and Unincorporated Associations Identified On Schedule A (Trainor, Martin) |
| Filing 19 MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the plaintiff's memorandum on joinder #18 and determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of 178 defendants is proper in this matter under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"); H-D U.S.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 2021 WL 780486, at *2 (N.D. Ill. Mar. 1, 2021) ("The Seventh Circuit has recognized the broad discretion that district courts have in remedying misjoinder, so long as the court's decision avoids unnecessary harm to the parties."). The Court observes that plaintiff's memorandum includes a fair amount of conclusory language about a logical relationship among all defendants but not much, if any, facts to actually support that relationship. Beyond alleging that the 178 defendants are infringing upon plaintiff's trademarks, plaintiff claims only generally that joinder is proper because, inter alia, defendants: (1) share identifiers, such as templates with common design elements and similarities of the unauthorized products offered for sale; (2) conceal their identifies and the full scope of their infringing operations; (3) offer no credible information regarding their physical addresses; (4) show evidence of market coordination, i.e., using the same advertising and marketing strategies to target consumers; and (5) many of the item titles of the unauthorized products offered for sale and/or sold by defendants are nearly identical or very similar to one another, including the use of plaintiff's trademarks. Doc. 18 at 1, 6-7. But plaintiff provides no specific examples of such shared identifiers, market coordination, or identical or very similar item titles and instead the record contains Exhibit 2 to the Declaration of Stewart Miller (which includes 1310 pages of screenshots from defendants' listings) without providing the Court with specific additional information from those listings that might in fact support joinder in this matter. See Doc. 14. It is not this Court's job to sift through hundreds of pages of materials to look for a relationship between the defendants. Moreover, "defendants with nearly identical product descriptions may in fact share no ties, with each simply copying the same description from elsewhere." Estee Lauder Cosms. Ltd., et al. v. The Partnerships, et al., No. 20-cv-00845 (N.D. Ill. June 22, 2020) (Lee, J.) (Doc. 40 at 9); see also Estee Lauder, 334 F.R.D. at 188. Within its discretion, on this record, the Court finds that plaintiff has failed to meet its burden to show that joinder is proper here. See Art Ask Agency v. Individuals, Corporations, Limited Liability Companies, Partnerships & Unincorporated Associations Identified on Schedule "A", 2021 WL 5493226, at *2 (N.D. Ill. Nov. 23, 2021) (holding similar conclusory statements do not support joinder); H-D U.S.A., 2021 WL 780486, at *3 (finding joinder improper where plaintiff failed to allege "any nonconclusory facts to form a basis for a conclusion that the defendants' conduct overlaps enough to warrant joinder"). Accordingly, plaintiff's motion for temporary restraining order #11 and motion for electronic service #16 are denied without prejudice. Plaintiff's motion for leave to file under seal #3 is granted. Plaintiff is granted leave to file an amended complaint with a smaller subset of defendants along with a memorandum explaining specifically why each defendant is properly joined to all of the others by 8/30/2024. Mailed notice (lxs, ) |
| Filing 18 MEMORANDUM by Epic Games, Inc. Establishing that Joinder is Proper (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 17 MEMORANDUM by Epic Games, Inc. in support of motion for miscellaneous relief #16 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 16 MOTION by Plaintiff Epic Games, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Trainor, Martin) |
| Filing 15 EXHIBIT by Plaintiff Epic Games, Inc. Exhibit 1 regarding MOTION by Plaintiff Epic Games, Inc. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #11 (Trainor, Martin) |
| Filing 14 SEALED EXHIBIT by Plaintiff Epic Games, Inc. Exhibit 2, Parts 1-13 regarding declaration #13 (Attachments: #1 Exhibit Exhibit 2, Part 1, #2 Exhibit Exhibit 2, Part 2, #3 Exhibit Exhibit 2, Part 3, #4 Exhibit Exhibit 2, Part 4, #5 Exhibit Exhibit 2, Part 5, #6 Exhibit Exhibit 2, Part 6, #7 Exhibit Exhibit 2, Part 7, #8 Exhibit Exhibit 2, Part 8, #9 Exhibit Exhibit 2, Part 9, #10 Exhibit Exhibit 2, Part 10, #11 Exhibit Exhibit 2, Part 11, #12 Exhibit Exhibit 2, Part 12, #13 Exhibit Exhibit 2, Part 13)(Trainor, Martin) |
| Filing 13 DECLARATION of Stewart Miller regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1)(Trainor, Martin) |
| Filing 12 MEMORANDUM by Epic Games, Inc. in support of motion for miscellaneous relief #11 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 11 MOTION by Plaintiff Epic Games, Inc. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Trainor, Martin) |
| Filing 10 MAILED trademark report to Patent Trademark Office, Alexandria VA (lm, ) |
| 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, ) |
| CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (evw,) |
| Filing 9 ATTORNEY Appearance for Plaintiff Epic Games, Inc. by Sydney Paige Fenton (Fenton, Sydney) |
| Filing 8 ATTORNEY Appearance for Plaintiff Epic Games, Inc. by Alexander Whang (Whang, Alexander) |
| Filing 7 ATTORNEY Appearance for Plaintiff Epic Games, Inc. by Martin Francis Trainor (Trainor, Martin) |
| Filing 6 Notice of Claims Involving Trademarks by Epic Games, Inc. (Trainor, Martin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Epic Games, Inc. (Trainor, Martin) |
| Filing 4 CIVIL Cover Sheet (Trainor, Martin) |
| Filing 3 MOTION by Plaintiff Epic Games, Inc. for Leave to File Certain Documents Under Seal (Trainor, Martin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Epic Games, Inc. Schedule A regarding complaint #1 (Trainor, Martin) |
| Filing 1 COMPLAINT filed by Epic Games, Inc.; Filing fee $ 405, receipt number AILNDC-22313718. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Trainor, Martin) |
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| Plaintiff: Epic Games, Inc. | |
| Represented By: | Martin Francis Trainor |
| Represented By: | Sydney Paige Fenton |
| Represented By: | Alexander Whang |
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| Defendant: FangGangFangGang | |
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