General Motors LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A
| General Motors LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2024cv07460 |
| August 20, 2024 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Document Text |
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| Filing 49 PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 10/2/2024. Mailed notice(gel, ) |
| Filing 48 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 10/2/2024. Plaintiff appeared and Defendant failed to appear or otherwise object in response to the TRO or Plaintiff's motion for entry of a preliminary injunction #43 , despite notice. Accordingly, and based upon the same findings made in this Court's TRO #36 , this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction #43 . Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. If it has not already done so, Plaintiff's counsel shall add Defendant to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Plaintiff shall file a status report by 10/31/24. Mailed notice (gel, ) |
| Filing 47 ATTORNEY Appearance for Plaintiff General Motors LLC by Rachel S Miller (Miller, Rachel) |
| Filing 46 SUMMONS Returned Executed by General Motors LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/27/2024, answer due 10/18/2024. (Attachments: #1 Declaration of Lucas A. Peterson, #2 Exhibit A)(Peterson, Lucas) |
| Filing 45 NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for preliminary injunction #43 before Honorable John Robert Blakey on 10/2/2024 at 11:00 AM. (Attachments: #1 Exhibit A)(Slay, Marcella) |
| Filing 44 MEMORANDUM by General Motors LLC in support of motion for preliminary injunction #43 (Attachments: #1 Declaration of Marcella D. Slay, #2 Exhibit 1)(Slay, Marcella) |
| Filing 43 MOTION by Plaintiff General Motors LLC for preliminary injunction (Attachments: #1 Exhibit A)(Slay, Marcella) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (man, ) |
| Filing 42 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion #38 to extend the temporary restraining order entered 9/10/24 #36 . The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 10/8/24. The 9/18/24 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 41 SURETY BOND in the amount of $10,000 posted by General Motors LLC. (Document not scanned) (aee, ) |
| Filing 40 NOTICE of Motion by Marcella Deshonda Slay for presentment of extension of time #38 before Honorable John Robert Blakey on 9/18/2024 at 11:00 AM. (Slay, Marcella) |
| Filing 39 MEMORANDUM by General Motors LLC in support of extension of time #38 (Attachments: #1 Declaration of Marcella D. Slay)(Slay, Marcella) |
| Filing 38 MOTION by Plaintiff General Motors LLC for extension of time of Temporary Restraining Order (Slay, Marcella) |
| Filing 37 Registry Deposit Information Form by General Motors LLC (Slay, Marcella) |
| Filing 36 SEALED ORDER Signed by the Honorable John Robert Blakey on 9/10/2024. Mailed notice(gel, ) |
| Filing 35 MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal #33 and motion for electronic service of process #30 . The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order #25 . Enter sealed temporary restraining order. Absent further order, this TRO will expire 9/24/24. The 9/11/24 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 34 NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file #33 , motion for temporary restraining order #25 , motion for miscellaneous relief #30 before Honorable John Robert Blakey on 9/11/2024 at 11:00 AM. (Gaudio, Justin) |
| Filing 33 MOTION by Plaintiff General Motors LLC for leave to file under seal (Gaudio, Justin) |
| Filing 32 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #31 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 31 MEMORANDUM by General Motors LLC in support of motion for miscellaneous relief #30 (Gaudio, Justin) |
| Filing 30 MOTION by Plaintiff General Motors LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 29 SEALED EXHIBIT by Plaintiff General Motors LLC Exhibit 2 regarding declaration #28 (Gaudio, Justin) |
| Filing 28 DECLARATION of Andrea Ankawi regarding memorandum in support of motion #26 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 27 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #26 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 26 MEMORANDUM by General Motors LLC in support of motion for temporary restraining order #25 (Gaudio, Justin) |
| Filing 25 MOTION by Plaintiff General Motors LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 24 SEALED EXHIBIT by Plaintiff General Motors LLC Schedule A regarding amended complaint #23 (Gaudio, Justin) |
| Filing 23 AMENDED complaint by General Motors LLC against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 22 MINUTE entry before the Honorable John Robert Blakey: Plaintiff seeks to sue 80 separately identified Defendants in this single trademark infringement suit. Joinder of multiple defendants in a single trademark infringement action remains appropriate only if the claims against the Defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all Defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). In this regard, Plaintiff alleges that "E-commerce stores operating under the Seller Aliases share unique identifiers establishing a logical relationship between them and that Defendants' counterfeiting operation arises out of the same transaction, occurrence, or series of transactions or occurrences." #1 3. Plaintiff further alleges that "the e-commerce stores operating under the Seller Aliases often share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use. E-commerce stores operating under the Seller Aliases include other notable common features such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images. Additionally, Counterfeit GM Products for sale by the Seller Aliases bear similar irregularities and indicia of being counterfeit to one another, suggesting that the Counterfeit GM Products were manufactured by and come from a common source and that Defendants are interrelated." Id. 21. This latter allegation constitutes a legal conclusion, which the Court need not accept. Moreover, the suggestion that Defendants' sites are so similar that they must be related remains unsupported in the screenshot evidence submitted by Plaintiff. In fact, that evidence shows a wide variety of photos, products, and site designs. As a result, the Court lacks a basis to find joinder of all 80 Defendants in this single action appropriate. To the extent Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support joinder, it may do so by 9/30/24. If Plaintiff fails to comply, the Court will dismiss this case. If Plaintiff elects to amend its complaint, it should also review its allegations relating to personal jurisdiction as to each Defendant; the mere maintenance of a website accessible in Illinois (which appears to be all Plaintiff relies upon, see #14 at 3) remains insufficient to confer personal jurisdiction. See, e.g., Am. Bridal & Prom Indus. Ass'n, Inc. v. The Partnerships & Unincorporated Associations Identified on Schedule A, 192 F. Supp. 3d 924, 93435 (N.D. Ill. 2016) (simply alleging the existence of purported counterfeiting via an interactive website is not enough, by itself, to confer personal jurisdiction); Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014) ("Having an interactive website... should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."); Rubik's Brand, Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 20-CV-5338, 2021 WL 825668, at *3 (N.D. Ill. Mar. 4, 2021) (screenshot evidence showing that an order could be placed by an Illinoisan, "amounts to nothing more than maintaining an interactive website that is accessible in Illinois," and "that alone cannot confer personal jurisdiction."). The Court dismisses without prejudice the complaint #1 , denies without prejudice all pending motions #3 , #13 , #18 , and strikes the 9/4/24 Notice of Motion date. Mailed notice (gel, ) |
| Filing 21 NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file #3 , motion for miscellaneous relief #18 , motion for temporary restraining order #13 before Honorable John Robert Blakey on 9/4/2024 at 11:00 AM. (Gaudio, Justin) |
| 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 General Motors LLC in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff General Motors LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 SEALED EXHIBIT by Plaintiff General Motors LLC Exhibit 2 - Parts 1 - 2 regarding declaration #16 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2)(Gaudio, Justin) |
| Filing 16 DECLARATION of Andrea Ankawi 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 General Motors LLC in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff General Motors LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 12 NOTICE of Voluntary Dismissal by General Motors LLC as to Certain Defendants (Slay, Marcella) |
| Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA. (Attachments: #1 Trademarks) (aee, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff General Motors LLC by Lucas Allen Peterson (Peterson, Lucas) |
| Filing 9 ATTORNEY Appearance for Plaintiff General Motors LLC by Marcella Deshonda Slay (Slay, Marcella) |
| Filing 8 ATTORNEY Appearance for Plaintiff General Motors LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff General Motors LLC by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by General Motors LLC (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Motors LLC (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff General Motors LLC for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff General Motors LLC Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by General Motors LLC; Filing fee $ 405, receipt number AILNDC-22382074. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (bi, ) |
| 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. (bi, ) |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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| Plaintiff: General Motors LLC | |
| Represented By: | Marcella Deshonda Slay |
| Represented By: | Lucas Allen Peterson |
| Represented By: | Amy Crout Ziegler |
| Represented By: | Rachel S Miller |
| Represented By: | Justin R. Gaudio |
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