Triumph Designs, Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Triumph Designs, Ltd. |
| The Partnerships and Unincorporated Associations Identified on Schedule A and Morotophe |
| 1:2024cv07279 |
| August 15, 2024 |
| US District Court for the Northern District of Illinois |
| LaShonda A Hunt |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 1, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 33 MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case #32 . Summons were executed on 9/16/24 and Defendants' responses to the complaint are due by 10/7/24 #28 . By 11/7/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice. (cdh, ) |
| Filing 32 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 10/1/2024. Emailed notice. (cdh, ) |
| Filing 31 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction #25 , which the Court now considers unopposed because no Defendant filed a notice of objection by the 9/30/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that Defendants 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 on the record and in connection with entry of the TRO #20 , #21 , 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 #30 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, 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 all defendants listed on Schedule A to the Amended Complaint #10 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. (cdh, ) |
| NEW PARTIES: Morotophe added to case caption. (Quezada Hastings, Sofia) |
| Filing 30 DECLARATION of Sofia Quezada Hastings regarding order on motion for preliminary injunction,,,,,, set motion and R&R deadlines/hearings,,,,, #29 (Quezada Hastings, Sofia) |
| Filing 29 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction #25 is taken under advisement. A telephonic motion hearing is set for 10/1/24, at 9:45 AM. Attorneys/parties may appear by dialing: 1-650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. The motion may be considered unopposed as to any Defendant who does not file an objection by 9/30/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date 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. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 9/19/24. Emailed notice. (cdh, ) |
| Filing 28 SUMMONS Returned Executed by Triumph Designs, Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/16/2024, answer due 10/7/2024. (Quezada Hastings, Sofia) |
| Filing 27 NOTICE of Motion by Sofia Quezada Hastings for presentment of motion for preliminary injunction #25 before Honorable LaShonda A. Hunt on 9/19/2024 at 10:00 AM. (Quezada Hastings, Sofia) |
| Filing 26 MEMORANDUM by Triumph Designs, Ltd. in support of motion for preliminary injunction #25 (Attachments: #1 Declaration of Sofia Quezada Hastings)(Quezada Hastings, Sofia) |
| Filing 25 MOTION by Plaintiff Triumph Designs, Ltd. for preliminary injunction (Quezada Hastings, Sofia) |
| Filing 24 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order #22 is granted. The TRO is extended to 9/19/24 for the reasons stated in the order granting the initial TRO #20 . Counsel is reminded that all motions must be noticed for presentment in accordance with Judge Hunt's case management procedures and that future non-compliant motions may be stricken. Emailed notice. (cdh, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (gmm, ) |
| Filing 23 MEMORANDUM by Triumph Designs, Ltd. in support of extension of time #22 for Temporary Restraining Order (Attachments: #1 Declaration of Sofia Quezada Hastings)(Quezada Hastings, Sofia) |
| Filing 22 MOTION by Plaintiff Triumph Designs, Ltd. for extension of time for Temporary Restraining Order (Quezada Hastings, Sofia) |
| BOND in the amount of $ 1,000.00 check posted by Aronberg Goldgehn for Triumph Designs, Ltd. Receipt No. 1000010158. (daj, ) |
| Filing 21 TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 8/22/2024. Emailed notice. (cdh, ) Modified on 10/4/2024 (evw, ). |
| Filing 20 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order #11 is granted. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) there is no countervailing harm to defendants from an order directing them to stop infringement. Plaintiff's motion for electronic service of process #14 is terminated as moot, and Plaintiff's amended motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) #18 is granted. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $1,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 8/29/24. Emailed notice. (cdh, ) |
| Filing 19 MEMORANDUM by Triumph Designs, Ltd. in support of motion for miscellaneous relief #18 (Amended) (Attachments: #1 Declaration of Sofia Quezada Hastings)(Quezada Hastings, Sofia) |
| Filing 18 MOTION by Plaintiff Triumph Designs, Ltd. for Electronic Service of Process (Amended) (Quezada Hastings, Sofia) |
| Filing 17 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff filed a motion for electronic service of process #14 and a memorandum in support of the motion #15 . The memorandum references a declaration of Matthew De Preter, which is not attached. By 8/26/24, Plaintiff is ordered to file either the referenced declaration or an amended motion for electric service of process and memorandum in support. Plaintiff's motion for a temporary restraining order #11 is taken under advisement. Emailed notice. (cdh, ) |
| Filing 16 NOTICE of Motion by Sofia Quezada Hastings for presentment of motion for miscellaneous relief #14 , motion for temporary restraining order #11 before Honorable LaShonda A. Hunt on 8/29/2024 at 10:00 AM. (Quezada Hastings, Sofia) |
| Filing 15 MEMORANDUM by Triumph Designs, Ltd. in support of motion for miscellaneous relief #14 (Attachments: #1 Declaration of Sofia Quezada Hastings)(Quezada Hastings, Sofia) |
| Filing 14 MOTION by Plaintiff Triumph Designs, Ltd. for Electronic Service of Process (Quezada Hastings, Sofia) |
| Filing 13 EXHIBIT by Plaintiff Triumph Designs, Ltd. Evidence Exhibits regarding memorandum in support of motion #12 (Quezada Hastings, Sofia) Modified on 10/4/2024 (evw, ). |
| Filing 12 MEMORANDUM by Triumph Designs, Ltd. in support of motion for temporary restraining order #11 (Attachments: #1 Declaration of Stewart Miller)(Quezada Hastings, Sofia) |
| Filing 11 MOTION by Plaintiff Triumph Designs, Ltd. for temporary restraining order (Quezada Hastings, Sofia) |
| Filing 10 EXHIBIT by Plaintiff Triumph Designs, Ltd. Schedule A to Amended Complaint regarding amended complaint #9 (Quezada Hastings, Sofia) Modified on 10/4/2024 (evw, ). |
| Filing 9 AMENDED complaint by Triumph Designs, Ltd. against Triumph Designs, Ltd. (Attachments: #1 Redlined Amended Complaint)(Quezada Hastings, Sofia) |
| Filing 8 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal #5 is granted. The document filed at #2 shall remain under seal pending further order of the Court. Emailed notice. (cdh, ) |
| Filing 7 MAILED trademark report to Patent Trademark Office, Alexandria VA (jcc, ) |
| 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. (man, ) |
| CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (man, ) |
| Filing 6 Notice of Claims Involving Trademark by Triumph Designs, Ltd. (Quezada Hastings, Sofia) |
| Filing 5 MOTION by Plaintiff Triumph Designs, Ltd. for Leave to File Certain Documents Under Seal (Quezada Hastings, Sofia) |
| Filing 4 CIVIL Cover Sheet (Quezada Hastings, Sofia) |
| Filing 3 ATTORNEY Appearance for Plaintiff Triumph Designs, Ltd. by Sofia Quezada Hastings (Quezada Hastings, Sofia) |
| Filing 2 EXHIBIT by Plaintiff Triumph Designs, Ltd. Schedule A to Complaint regarding complaint #1 (Quezada Hastings, Sofia) Modified on 10/4/2024 (evw, ). |
| Filing 1 COMPLAINT filed by Triumph Designs, Ltd.; Jury Demand. Filing fee $ 405, receipt number CILNDC-22376109. (Attachments: #1 Exhibit A)(Quezada Hastings, Sofia) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
