Medicom Toy Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Medicom Toy Corporation |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 1:2024cv06901 |
| August 7, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Manish S Shah |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 2, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 45 SUMMONS Returned Executed by Medicom Toy Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 10/1/2024, answer due 10/22/2024. (Hierl, Michael) |
| Filing 44 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction #41 before Honorable Manish S. Shah on 10/8/2024 at 09:45 AM. (Hierl, Michael) |
| Filing 43 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #41 (Hierl, Michael) |
| Filing 42 MEMORANDUM by Medicom Toy Corporation in support of motion for preliminary injunction #41 (Hierl, Michael) |
| Filing 41 MOTION by Plaintiff Medicom Toy Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-13, 25-49, 52, 55-77 and 132-213 (Hierl, Michael) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (men, ) |
| Filing 40 MINUTE entry before the Honorable Manish S. Shah: The motion to extend the TRO #38 is granted and no appearance on the motion is necessary. The TRO is extended to 10/4/24. Mailed notice (ags) |
| Filing 39 NOTICE of Motion by Michael A. Hierl for presentment of extension of time #38 before Honorable Manish S. Shah on 9/24/2024 at 09:45 AM. (Hierl, Michael) |
| Filing 38 MOTION by Plaintiff Medicom Toy Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 37 INJUNCTION BOND in the amount of $ 10,000 posted by Medicom Toy Corporation (Document not scanned) (rp, ) |
| Filing 36 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 9/6/2024. Notices Mailed. (psm, ) |
| Filing 35 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions are granted in part, and no appearance is necessary. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, defendants would take steps to defeat plaintiff's interests in identifying defendants and stopping the infringement. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants 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 is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and conduct an accounting. But the court concludes that an asset restraint is not necessary or appropriate given the harm to defendants from something as extreme as a total restraint on their assets. It is sufficient to conduct an accounting by obtaining records of sales and financial transactions (including from third-party platforms and payment processors); freezing assets is not necessary to account for infringing sales. What matters is the ability to know what was sold and for how much. Freezing accounts is not necessary to accomplish that goal. The court also notes that plaintiff is more likely trying to make collection of damages easier, which is not an appropriate reason to restrain assets. Security in the amount of $10,000 is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices Mailed. (psm, ) |
| Filing 34 NOTICE of Motion by Michael A. Hierl for presentment of motion to seal document #7 , motion for temporary restraining order, #13 , motion for leave to file excess pages #12 before Honorable Manish S. Shah on 9/11/2024 at 09:45 AM. (Hierl, Michael) |
| Filing 33 Notice of Claims Involving Trademarks by Medicom Toy Corporation (Hierl, Michael) |
| Filing 32 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 18 of Akashi Declaration (Hierl, Michael) |
| Filing 31 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 17 of Akashi Declaration (Hierl, Michael) |
| Filing 30 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 16 of Akashi Declaration (Hierl, Michael) |
| Filing 29 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 15 of Akashi Declaration (Hierl, Michael) |
| Filing 28 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 14 of Akashi Declaration (Hierl, Michael) |
| Filing 27 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 13 of Akashi Declaration (Hierl, Michael) |
| Filing 26 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 12 of Akashi Declaration (Hierl, Michael) |
| Filing 25 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 11 of Akashi Declaration (Hierl, Michael) |
| Filing 24 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 10 of Akashi Declaration (Hierl, Michael) |
| Filing 23 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 9 of Akashi Declaration (Hierl, Michael) |
| Filing 22 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 8 of Akashi Declaration (Hierl, Michael) |
| Filing 21 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 7 of Akashi Declaration (Hierl, Michael) |
| Filing 20 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 6 of Akashi Declaration (Hierl, Michael) |
| Filing 19 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 5 of Akashi Declaration (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 4 of Akashi Declaration (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 3 of Akashi Declaration (Hierl, Michael) |
| Filing 16 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 2 of Akashi Declaration (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 1 of Akashi Declaration (Hierl, Michael) |
| Filing 14 MEMORANDUM by Medicom Toy Corporation in support of motion for temporary restraining order, #13 (Attachments: #1 Declaration Akashi Declaration, #2 Exhibit 1, #3 Exhibit Hierl Declaration, #4 Exhibit Hierl Exhibit 1, #5 Exhibit Hierl Exhibit 2, #6 Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Filing 13 MOTION by Plaintiff Medicom Toy Corporation 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 12 MOTION by Plaintiff Medicom Toy Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 11 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jxm, ) |
| Filing 10 MAILED trademark report to Patent Trademark Office, Alexandria VA (jxm, ) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Medicom Toy Corporation (Hierl, Michael) |
| Filing 8 SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Sealed Schedule A (Hierl, Michael) |
| Filing 7 MOTION by Plaintiff Medicom Toy Corporation to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 6 ATTORNEY Appearance for Plaintiff Medicom Toy Corporation by John Wilson (Wilson, John) |
| Filing 5 ATTORNEY Appearance for Plaintiff Medicom Toy Corporation by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Medicom Toy Corporation by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Medicom Toy Corporation by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Medicom Toy Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22332810. (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (lcd, ) |
| 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. (lcd, ) |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
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| Plaintiff: Medicom Toy Corporation | |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Robert Payton Mcmurray |
| Represented By: | John Wilson |
| Represented By: | Michael A. Hierl |
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